The supplementary regulations in this article are in addition to those of Article V and, unless otherwise indicated, shall apply in all classes of districts.
No driveway or other means of access for vehicles, other than
a public street, shall be maintained or used in any residence district
for the servicing of any use located in a business or industrial district.
[Added 8-14-1986 by L.L. No. 2-1986]
A.
Purpose. A country inn is a use that occupies and provides for rehabilitation of the premises of an existing large residential structure located in the Agricultural (A5A) District or the Very Low Density Residential (R3A) District, with access on arterial highway Route No. 22, 44 or 199. The primary purpose of the country inn shall be the service of food and lodging to transients while maintaining the rural appearance and character of the area. A country inn is a use considered under special permit and licensing procedures in order that a determination is made that the use conforms to the standards of Article VI and the purpose and standards specified in this section, and that the use in its particular location, and in its operation, is consistent with the purpose and intent of this chapter.
B.
Tract. A country inn use shall be located on a lot of at least 20
acres having a frontage of 400 feet or more on arterial highway Route
No. 22, 44 or 199 and shall have adequate access to said highway.
C.
Country inn premises.
(1)
The country inn use shall have access only from such arterial highway
and shall provide for the rehabilitation and conservation of the existing
residential structure and usable outbuildings. The main residential
structure shall be an existing residential structure containing not
less than 3,000 square feet of floor area, excluding basements at
the time of the enactment of this section, and the use shall consist
of not less than five and not more than 24 rental sleeping rooms for
transient lodging in existing buildings or additions thereto, plus
the dwellings that may be occupied by the proprietor of the inn and
persons employed in the conduct of the use.
(2)
Any addition or new building shall maintain the architectural integrity,
height and bulk of the existing structures. The floor area of any
addition or new building shall not exceed 50% of the floor area of
the existing main residential structure.
D.
Yards: front, rear and side. There shall be front, rear and side
yards of a minimum of 100 feet in depth, into which there shall be
no encroachment by buildings, structures, recreation facilities, pavement
or parking spaces, other than access drives to the arterial highway
or permitted signs.
E.
Landscaping.
(1)
The tract shall be maintained by proper agricultural, forest management
and/or conservation practices so as to continue the rural appearance
of the tract and area. In addition, the country inn premises shall
be appropriately landscaped so as to maintain the rural appearance
from the arterial highway and adjacent properties.
(2)
When any building, recreation facility or parking space is located
within less than 400 feet of an existing dwelling on an abutting lot,
a strip of land, at least 50 feet in width, along and adjacent to
such lot shall be planted with evergreen shrubs and trees of such
type, height and arrangement as will effectively screen the activity
from the abutting existing dwelling.
F.
Parking. At least one off-street parking space shall be provided for each rental sleeping room, plus one space for each person employed on the premises in connection with the use. If the use includes a restaurant as an accessory use, off-street parking spaces for such uses shall be provided as specified in § 180-50B. One off-street parking space for loading and unloading of a commercial vehicle shall be provided in connection with the country inn use. Parking shall be strictly limited to designated off-street parking spaces.
G.
Illumination. Outdoor illumination, including illumination of signs,
shall be designed to avoid sky glow and disability veiling glare,
as well as trespass illumination at the boundary of the tract. Luminaires
shall be located or shielded so as to deliver no more than 0.05 footcandle
of illumination at the property line, measured in both a horizontal
and vertical plane at such line. Illumination of signs shall be limited
to floodlighting and floodlighted background silhouette signs.
H.
Noise. Provision to be made for music, entertainment or other unusual
sources of sound in connection with the use shall be specified at
the time of application for the special permit or any amendment thereto.
There shall be no electronic sound speakers located outdoors. No continuous
sound or frequent impulse sound shall be generated by the use and
transmitted outside the lot as to exceed 55 decibels between 7:00
a.m. and 10:00 p.m. and 45 decibels between 10:00 p.m. and 7:00 a.m.,
or greater than five decibels above the ambient noise at the point
on the boundary of the lot where measured, whichever is greater.
I.
Site plan; codes. The site plan submission specified in Article VII is required in connection with an application for a special permit for a country inn use. A complete plan of existing and proposed landscaping shall be included in the site plan submission. In addition, the applicant shall demonstrate that the proposed use, including rehabilitation of the farmhouse premises and new construction, can be completed in a manner to conform to all current requirements of the New York State Sanitary Code, the Fire Code, the Dutchess County Department of Health, the access requirements of the owner of the arterial highway and other applicable codes, statutes, ordinances and laws. In its site plan approval process, the Planning Board shall have the authority to limit the maximum number of permitted parking spaces so as to ensure that the use of the premises will be consistent with the purposes set forth in § 180-40A of this chapter.
J.
License required for country inn.
(1)
It shall be unlawful within the Town for any person or persons to
operate a country inn without first securing a written license from
the Town Board and complying with the regulations of this chapter.
Such license shall be issued only after special permit approval, site
plan approval and construction in accordance with the approval plans.
(2)
Licensing requirements: fee, form, expiration, revocation inspections:
(b)
The application for a license or renewal thereof shall be on
forms prescribed by the Town and shall include the name and address
of the owner in fee of the property. If the fee ownership is vested
in some person other than the applicant, a duly verified statement
by the person that the applicant is authorized by the owner to construct
or operate a country inn shall accompany the application.
(c)
Each license or renewal thereof shall expire two years from
the date of its issuance. An application fee for renewal of a license
shall be made 60 days prior to its expiration. The Town Board may
issue a temporary license, in its discretion, pending its determination
of the application.
(d)
The application for the license, or renewal thereof, shall be granted if the Town Board finds that the applicant is, and/or will be, operating the country inn in accordance with the purpose of the country inn as defined in § 180-40A of this chapter and in accordance with the purposes, procedures and standards set forth in Articles I, VI, VII and VIII of this chapter and all remaining provisions of this chapter. The Town Board, in making its determination, shall refer the matter to the Planning Board for verification of compliance with the requirements of Article VII of this chapter and with the conditions of the site plan approval, to the Zoning Board of Appeals for verification of compliance with Article VI of this chapter and with the conditions of the special permit approval and to the Zoning Enforcement Officer for investigation and verification of compliance with all other provisions of this chapter. The Planning Board and the Zoning Board of Appeals may, in their discretion, require the Zoning Enforcement Officer to investigate and examine the country inn premises of the applicant for compliance with the applicable ordinances and conditions of approval and to report his or her findings to the Board. The Town Board, Zoning Board of Appeals and the Planning Board may require the applicant to appear before it and submit any additional documentation and/or information required by the Boards in making their respective verifications and determinations. This section shall not be interpreted as a limitation on the powers of the Zoning Board of Appeals, Planning Board and/or Zoning Enforcement Officer vested in them by this chapter, or by any other provision of the Town of North East Code.
(e)
The Town Board shall have the authority to enter and inspect
any facility licensed hereunder, at any reasonable time, for compliance
with the provisions of this chapter. The Board, in its discretion,
may delegate this inspection authority to the Zoning Enforcement Officer.
Whenever the Town Board has reasonable grounds to believe that any
licensee is in violation of the provisions of this chapter, it shall
notify such licensee of such violation, together with a demand that
such violation is corrected or terminated. Such notice shall be in
writing and shall state the nature of the violation and advise the
licensee of his right to be heard on the matter of the alleged violation.
Such notice may be served upon the person to whom it is directed by
delivering it personally to him or by posting the same upon a conspicuous
portion of the premises or by sending a copy of such notice by registered
mail. In the event that such violation shall continue for a period
of five days after the service or mailing of such notice, as herein
set forth, the Town Board may revoke the license after providing the
licensee with an opportunity to be heard. After such violation of
any provision of this chapter has been remedied and/or corrected,
the Town Board may, in its discretion, reissue the license.
Plans for the erection or structural alteration of drive-in
business establishments, as herein defined, shall be submitted to
the Planning Board for approval. The Planning Board may require such
changes therein in relation to yards, driveways, driveway entrances
and exits and the location and height of buildings and enclosures
as it may deem best suited to ensure safety, to minimize traffic hazards
or difficulties and to safeguard adjacent properties.
A.
Cellar occupancy prohibited. It shall be unlawful to occupy all or
any part of a cellar for sleeping purposes.
B.
Basement occupancy. Any basement area used for sleeping purposes
shall have not less than two means of egress, at least one of which
shall be a door giving access to an open area whose surface is at
least eight inches below the level of the basement floor. Each basement
room used for living purposes shall have a window area, opening to
the outside, equal to not less than 1/10 of the floor area of such
room.
[Amended 2-24-1983 by L.L. No. 1-1983]
A.
Location. No special permit shall be granted for the construction
or expansion of an educational center or institution unless such center
or institution has a minimum of 400 feet of frontage on a road designated
as an arterial or collector road in the Comprehensive Plan adopted
by the Town or unless the Zoning Board of Appeals shall find that
there exists suitable and appropriate ingress and egress to and from
the center or institution based upon the character of the nonarterial
or noncollector road and upon the character and density of the neighborhood
affected measured as against the potential for increased traffic and
the safety and health of residents in the neighborhood so effected.
B.
Coverage and bulk. The maximum coverage shall be 5%. The maximum
floor area ratio shall be 0.05.
C.
Yards, front, rear and side. No part of any building or structure,
pavement or parking space shall extend nearer than 200 feet to a property
line or side line of a street or 250 feet from the center line of
a street, whichever requires the greater setback from the street line.
D.
Structures. No more than one structure shall be used for administration,
housing of students and faculty or dining halls per five acres of
site area. Structures shall meet all requirements of the New York
State Sanitary Code, Fire Code and all other applicable regulations.
E.
Place of assembly. No sports arena or other place of assembly having
a capacity of more than 1,000 persons shall have entrances or exits
on other than streets that have been designated as primary or secondary
streets in the Master Plan of the Town of North East. Where feasible,
entrances and exits should be on primary streets and not on streets
intended for predominantly residential use.
A.
No dwelling shall be erected on a lot which does not abut on at least
one street for a distance of not less than 40 feet.
B.
No dwelling may be built or erected directly behind another dwelling
having access on the same street and within 200 feet thereof. "Directly
behind another dwelling" means with more than 1/2 the width of the
structure so placed.
C.
No building in the rear of a main building on the same lot may be
used for residential purposes, except for domestic employees of the
occupants of the main building.
A.
Location. No junkyard, as herein defined, shall be located less than
1,000 feet from a district boundary line in which junkyards are not
a permitted use.
B.
Setback. No material shall be stored less than 50 feet from any property
line of a junkyard.
C.
Fencing. All stored material shall be surrounded by a solid wall
or fence at least eight feet high, which visually blocks the view
of such material to that height. Said wall or fence shall be constructed
of material in good condition and kept in good repair. Where appropriate,
landscaping may be required.
D.
Visibility. Junkyards shall comply with § 136 of the General
Municipal Law with particular reference to aesthetic considerations.
The Town may require such additional requirements as may be deemed
appropriate.
E.
Water pollution. No junkyard shall be so situated that the material
stored therein in any way, either through direct contact or through
runoff, pollutes the bed of any natural or man-made watercourse or
other body of water.
F.
Air pollution. No material shall be burned in any junkyard, nor shall
material be stored in any such junkyard that offensively affects the
sense of smell at any property line of the junkyard.
A.
Except as provided in Article V, no mobile home shall be parked or occupied in the Town of North East outside of an approved mobile home park for more than 48 hours, except upon a special permit issued by the Town Board. Such permit shall be issued for a period not to exceed 30 days and shall not be renewable within the same calendar year.
B.
As an exception to Subsection A above, a permit may be issued for parking and occupying a mobile home on land owned by the occupant or occupants during the construction of a house thereon or, in the event of any emergency as determined by the Town Board, for a period not exceeding 180 days. However, if material progress with house construction work ceases for a consecutive period of 45 days, such permit shall become void.
C.
Also as an exception to Subsection A above, a permit may be issued for parking a mobile home or mobile homes if said mobile homes are used specifically to house persons employed in agriculture on the farm where the mobile home or mobile homes are located, provided that:
(1)
No mobile home shall be located closer to the street line or any
other property line than 100 feet.
(2)
Individual mobile homes shall be placed on a lot area of not less
than 6,000 square feet with a minimum width of 60 feet.
(3)
No mobile home or portion thereof shall be placed any closer to any
other mobile home or portion thereof than 35 feet.
(4)
Water supply and sewage disposal shall be provided in a manner approved
by the Dutchess County Health Department.
(5)
Such mobile homes may be exempted from minimum floor area requirements.
D.
Also as an exception to Subsection A above, individual mobile homes so located prior to adoption of this chapter may be replaced on their present sites with mobile homes no less than 720 square feet in area.
E.
The provisions of § 180-47D(4) and (5) shall apply to all individual mobile homes.
A.
License required for a mobile home park.
(1)
It shall be unlawful within the Town for any person or persons to
construct or operate a mobile home park without first securing a written
license from the Town Board and complying with the regulations of
this chapter.
(2)
Licensing requirements: fee, form, expiration; inspections.
(a)
The application for such annual license or the renewal thereof
shall be filed with the Town Clerk and shall be accompanied by a fee
computed as set forth by the Town Board fee schedule, based upon the
maximum number of proposed mobile home units as shown in the application.
The minimum fee for an annual permit shall be as set forth by the
Town Board fee schedule. Thereafter, each mobile home shall be assessed
on the tax rolls of the Town against the mobile home park owners in
accordance with § 102 of the New York Real Property Tax
Law.[1]
(b)
The application for a license or renewal thereof shall be made
on forms prescribed by the Town and shall include the name and address
of the owner in fee of the tract. If the fee is vested in some person
other than the applicant, a duly verified statement by the person
that the applicant is authorized by him to construct or maintain the
mobile home park shall accompany the application.
(c)
Each license or renewal thereof shall expire on the 30th day
of April following the issuance thereof. An application for renewal
of a license shall be made 30 days prior to its expiration.
(d)
A license or renewal shall not be issued until the park or park
site has first been checked by the Zoning Enforcement Officer for
verification that the park or park site complies with the regulations
of this chapter.
(3)
Notwithstanding any of the above provisions, a mobile home park consisting
of three mobile homes or less shall not be required to obtain a license
or pay a fee, but all other regulations of this section shall apply.
B.
Required application information. Any applicant for a mobile home
park license shall state that he, as agent or owner, shall be responsible
for the proper maintenance and upkeep of the proposed park, and shall
furnish the following information:
C.
Park plan.
(1)
A mobile home park or house trailer camp shall have an area of not
less than 10 acres, and no mobile home lot or office or service building
shall be closer to the street line or other property line than 50
feet. Margins along the side and rear property line of the mobile
home park shall be planted with at least one row of deciduous and/or
evergreen trees spaced not more than 40 feet apart. The minimum height
of plantation must be three feet.
(2)
A mobile home park or house trailer camp shall be located on a well-drained
site, suitable for the purpose, with all roads paved or covered with
calcium chloride to a width of at least 24 feet.
(3)
Individual mobile home lots shall have an area of not less than 6,000
square feet, with a minimum width of 60 feet.
(4)
No mobile home or portion thereof shall be placed closer to any other
mobile home or portion thereof than 35 feet.
(5)
The total number of mobile home lots shall not exceed six per gross
acre.
D.
Additional provisions. Each mobile home park and each individual
mobile home shall be provided with sanitary conveniences, services
and utilities, including water supply, sewage disposal and garbage
disposal commensurate with the following:
(2)
Sewage disposal. Waste from each mobile home shall be wasted into
a public sewer system in a manner approved by the Dutchess County
Health Department or into a private sewer system and disposal plant
or septic tank approved by the same Department.
(4)
Storage. Storage space within a building shall be provided in an
amount equal to at least 80 square feet for each mobile home lot in
the mobile home park.
(5)
Maintenance.
(a)
The underportion of the mobile home shall be properly enclosed
within 30 days.
(b)
All service buildings and the grounds of the camp shall be maintained
in a clean, sightly condition and kept free of any condition that
will menace the health of any occupant or the public or constitute
a nuisance.
(6)
Registration.
(a)
The licensee shall keep a record of all occupants of the park,
noting name and address of each occupant, license numbers of all units
and the state issuing such license, if licensed.
(b)
The licensee shall keep a copy of the register available for
inspection at any reasonable time by any authorized person and shall
not destroy such a registry until the expiration of 12 months from
the date of registration.
(7)
Inspection. Before any park commences operation, the Code Enforcement
Officer shall make an inspection of the premises to determine that
all requirements of this chapter shall have been complied with and
shall issue a certificate of occupancy. No use shall be permitted
until such a certificate has been issued.[2]
(8)
Revocation or suspension of license.
(a)
The Town Board shall have the authority to enter and inspect,
for health, sanitary and other provisions of this chapter, any facility
licensed hereunder, at any reasonable time.
(b)
If, upon inspection, it is found that the licensee has violated
any provision of this chapter, the Town Board shall have the power
to suspend such license and order the mobile home removed or the mobile
home park closed after notice and an opportunity to be heard.
(10)
Snow removal. Roads shall be kept free of snow by the licensee.
(11)
Recreation. Each mobile home park shall set aside an area for
recreational use not less than 10% of the total land area of the park.
E.
Nonconforming mobile homes and parks. Mobile homes presently located
in nonconforming mobile home parks may be replaced on existing lots
within said mobile home parks; however, any expansion or additions
to said mobile home park must conform to the regulations provided
in this chapter.
Motor courts or motels, where allowable under this chapter,
shall conform to the following requirements:
A.
Each rental structure shall contain at least eight rental units.
B.
Automobile parking space to accommodate not less than one car for each rental unit, plus one additional space for every two persons regularly employed on the premises, shall be provided. In addition, if the motel includes restaurants, taverns or meeting rooms as accessory uses, parking for these uses shall be provided as required by §§ 180-50 and 180-51.
C.
Each rental unit shall be supplied with hot and cold running water
and equipped with a flush toilet. All such fixtures and those of any
accessory uses shall be properly connected to the Town water and sewer
systems, or other arrangements for water supply and sewage disposal
shall be made which shall be approved by the Dutchess County Department
of Health.
A.
In all districts, on a corner lot, within the triangular area formed
by the center lines of streets from their intersection, as shown on
the schedule below, there shall be no obstruction to vision between
the height of 3 1/2 feet and the height of 10 feet above the
average grade of each street at the center line thereof. The requirements
of this section shall not be deemed to prohibit the construction of
any necessary retaining wall.
B.
Sight distance for various street widths.
|
Street Right-of-Way
(feet)
|
Distance from Intersection
(feet)
| |
|---|---|---|
|
80 or more
|
120
| |
|
70 to 79
|
110
| |
|
60 to 69
|
100
| |
|
50 to 59
|
90
| |
|
40 to 49
|
80
| |
|
Under 40
|
70
|
A.
General provisions.
(1)
Permanent off-street automobile storage, parking or standing space
shall be provided as set forth below at the time of the erection of
any building or structure; at the time any building or structure is
enlarged or increased in capacity by adding dwelling units, guest
rooms, seats or floor area; or before conversion from one zoning use
or occupancy to another. Such space shall be deemed to be required
open space associated with the permitted use and shall not thereafter
be reduced or encroached upon in any manner. Except in a driveway,
no required front yard or portion thereof in any residential district
shall be utilized to provide parking space required in this chapter.
(2)
If the vehicle storage space or standing space required by this chapter
cannot be reasonably provided on the same lot on which the principal
use is conducted, the Board of Appeals may permit such space to be
provided on other off-street property, provided that such space lies
within 400 feet of the main entrance to such principal use. Such vehicle
parking space shall be deemed to be required open space associated
with the permitted use and shall not thereafter be reduced or encroached
upon in any manner.
(3)
Vehicle parking or storage space maintained in connection with an
existing and continuing principal building, structure or land use
on the effective date of this chapter shall be continued and may not
be counted as serving as a new building, structure, addition or land
use, nor shall any required parking space be substituted for an off-street
loading and unloading space, nor shall any required loading and unloading
space be substituted for parking space.
(4)
The required parking space for any number of separate uses may be
combined in one lot, but the required space assigned to one use shall
not be assigned to another use at the same time, except that 1/2 of
the parking space required for churches, theaters or assembly halls
whose peak attendance will be at night or on Sunday may be assigned
to a use which will be closed at night or on Sunday.
(5)
No off-street automobile parking or storage space shall be used or
designed, arranged or constructed to be used in a manner that will
obstruct or interfere with the free use of any street, alley or adjoining
property and, except in connection with a one-family dwelling, it
is necessary to use any part of a street right-of-way for approach,
turning and exit of an automobile.
[Amended 10-13-1988 by L.L. No. 4-1988]
(6)
The parking spaces provided along with their necessary driveways
and passageways shall be paved in a manner adequate to eliminate dust
and mud problems. Plans for such parking spaces are to be included
with the plans for the construction of buildings and other structures
and are to be presented to the Zoning Enforcement Officer at the time
application for building permits are to be filed. Such parking areas
shall be kept free of obstructions and unsightly objects. Intersections
of parking areas with sidewalks of street pavements must be made in
an approved manner. Provision must be made for the adequate drainage
of parking areas.
(7)
Each automobile parking space shall be of such shape as to contain
a rectangle having dimensions as follows and vertical clearance, access
and slope as to accommodate one automobile:
[Added 10-13-1988 by L.L. No. 4-1988]
(a)
Nine feet by 18 feet to accommodate an automobile 18 feet in
length.
(b)
Eight feet by 15 feet to accommodate a small automobile 15 feet in length, when authorized under Subsection A(8).
(c)
Fifteen feet by 18 feet to accommodate an automobile 18 feet
in length and reserved for use by physically handicapped persons,
which width may be reduced to 12 feet when the space is one of two
or more such reserved spaces side by side in a row.
(8)
The Planning Board, in connection with approval of a site plan under Article VII, may authorize a reasonable number of off-street parking spaces required in connection with a use to conform to the dimensions specified for small automobiles in Subsection A(7) when the use will consist of a single proprietorship other than a retail business, the number of off-street parking spaces required is 100 or more, the proprietor demonstrates that there will be a system of assigned parking spaces and that there is sufficient and suitable area on the lot to provide the full number of required off-street parking spaces for automobiles 18 feet in length and in compliance with all other requirements of this chapter.
[Added 10-13-1988 by L.L. No. 4-1988]
(9)
The Planning Board, in connection with approval of a site plan under Article VII, may authorize off-street parking spaces less in number than specified in Subsection B if the Planning Board determines that the following standards and conditions are met:
[Added 10-13-1988 by L.L. No. 4-1988]
(a)
The number of spaces provided on the site plan are sufficient to accommodate the vehicles of all persons using and visiting the particular use or occupancy of a building, structure or land proposed on the site plan and specified in the statement of use submitted under § 180-35A;
(b)
There is sufficient and suitable area on the lot to provide the full number of spaces specified in Subsection B and in compliance with all other requirements of this chapter; and
(c)
The approval shall be applicable only to the particular use
or occupancy of the building, structure or land specified in such
statement of use, and the site plan so approved and any building permit
and certificate of occupancy issued for the use shall be null and
void in the event that such use or occupancy is changed to another
use or occupancy.[1]
(10)
No commercial motor vehicle of more than one ton's capacity
shall be parked or stored overnight on the street in any residential
district.
[Amended 10-13-1988 by L.L. No. 4-1988]
B.
Detailed
provisions.
[Amended 10-13-1988 by L.L. No. 4-1988]
|
Use
|
Number of Parking Spaces Required
| |
|---|---|---|
|
Amusement facilities
|
1 for every 5 customers, computed on the basis of maximum servicing
capacity at any one time, plus additional space for every 2 persons
regularly employed on the premises
| |
|
Apartment houses (multifamily dwellings, row houses or townhouses
and apartment hotels)
|
1 1/2 for each dwelling unit
| |
|
Auditorium
|
1 for every 5 seats occupied at maximum capacity
| |
|
Boardinghouse
|
1 for each sleeping room occupied by roomers or boarders, plus
1 for each dwelling unit on the premises and plus 1 additional space
for every 2 persons regularly employed on the premises
| |
|
Bowling alleys
|
As listed under amusement facilities
| |
|
Churches
|
As listed under auditorium
| |
|
Civic centers
|
Parking or storage space for all vehicles used directly in the
operation of such establishment, plus 5.5 parking spaces per 1,000
square feet of floor area
| |
|
Clubhouses and permanent meeting places of veterans, business,
civic, fraternal, labor and other similar organizations
|
1 for every 50 square feet of aggregate floor area in auditorium,
assembly hall and dining room of such building, plus 1 additional
space for every 2 persons regularly employed on the premises
| |
|
Colleges (educational institutions)
|
1 for every 5 seats occupied at maximum capacity in the assembly
hall, auditorium, stadium or gymnasium of greatest capacity on the
campus. If the institution has no assembly hall, auditorium or gymnasium,
1 parking space shall be provided for each person regularly employed
at such institution, plus 5 additional spaces for each classroom.
| |
|
Dental clinics
|
3 for each doctor or dentist, plus 1 additional space for every
2 regular employees
| |
|
Dormitories
|
1 for every 2 beds, computed on the basis of the maximum bed
capacity of the structures; this requirement is in addition to the
parking space as set forth under colleges
| |
|
Eating establishments
|
1 for every 100 square feet of total floor area
| |
|
Electrical shops
|
Parking or storage space for all vehicles used directly in conduct
of the business, plus 1 parking space for each 2 persons regularly
employed on the premises
| |
|
Fraternity houses
|
As listed under dormitories
| |
|
Freight terminals
|
Parking or storage space for all vehicles used directly in the
business, plus 1 parking space for each 2 persons regularly employed
on the premises
| |
|
Funeral homes
|
Parking or storage space for all vehicles used directly in the
conduct of the business, plus 1 parking space for every 2 persons
regularly employed on the premises and 1 space for every 6 seats in
the auditorium or chapel at such establishment; if the establishment
does not have a chapel or auditorium, the additional parking to be
required for funeral visitors shall be determined by the Board of
Appeals, based on the number of funerals that can be handled at one
time, the size of the facilities and other relevant factors
| |
|
Hospitals
|
1 for every 2 beds intended for patients, excluding bassinets
| |
|
Indoor retail or service business
|
Parking or storage space for all vehicles used directly in the
conduct of such business, plus 5 spaces per 1,000 square feet of floor
area, excluding floor area in basements used only for storage, maintenance
and utility systems that are ancillary to uses in the building
| |
|
Industrial plants and facilities
|
Parking or storage space for all vehicles used directly in the
conduct of such industrial use, plus 1 space for every 2 employees
on the premises at the maximum employment on a single shift
| |
|
Junior high schools (secondary)
|
1 for every 5 seats occupied at maximum capacity in the assembly
hall, stadium or gymnasium of greatest capacity on the school grounds
or campus; if the school has no assembly hall, auditorium, stadium
or gymnasium, 1 space shall be provided for every person regularly
employed at such school, plus 2 additional spaces for each classroom
| |
|
Medical clinics
|
As listed under dental clinics
| |
|
Mobile home parks
|
As required in § 180-47
| |
|
Mobile homes
|
2 for each mobile home
| |
|
Motels
|
As required in § 180-48
| |
|
Nursing home
|
1 for every 2 beds, computed on the basis of the maximum bed
capacity of the structure; this requirement is in addition to the
parking space requirements for hospitals
| |
|
Offices
|
1 for every 250 square feet of floor area used for office space
and access thereto, excluding floor area in basements used only for
storage, maintenance and utility systems that are ancillary to office
uses in the building
| |
|
Outdoor retail business
|
Parking or storage space for all vehicles used directly in the
conduct of such business, plus 1 space for every 2 persons employed
on the premises in maximum seasonal employment and such additional
space as may be required by the Board of Appeals based on the nature
of the business and other related factors
| |
|
Plumbing shops
|
As listed under electrical shop
| |
|
Post offices
|
As listed under civic centers
| |
|
Private schools
|
As listed under junior high schools
| |
|
Public assembly
|
As listed under auditoriums
| |
|
Public garage, motor vehicle repair
|
Indoor or outdoor parking or storage space for all vehicles
used directly in the conduct of such business, plus 3 spaces for each
person regularly employed on the premises
| |
|
Public school (elementary)
|
1 for each person regularly employed at such school, plus 1
additional space for each classroom
| |
|
Recreational centers and facilities
|
As listed under amusement facilities
| |
|
Repair shops
|
As listed under electrical shops
| |
|
Residences (one-family, two-family and semidetached dwellings)
|
2 for each dwelling unit
| |
|
Residences (dwelling unit with home occupation)
|
4
| |
|
Restaurants
|
As listed under eating establishments
| |
|
Roofing shops
|
As listed under electrical shops
| |
|
Rooming houses
|
As listed under boardinghouse
| |
|
Self-service laundries and/or dry-cleaning plants
|
1 for every 2 washing machines and/or 2 dry-cleaning machines
| |
|
Senior high school (secondary)
|
As listed under junior high schools
| |
|
Service establishment
|
As listed under indoor retail or service business
| |
|
Service station, motor vehicle
|
Parking or storage space for all vehicles used directly in the
conduct of the business, plus 1 space for each gas pump, 3 spaces
for each grease rack and 1 space for every 2 persons employed on the
premises at maximum employment on a single shift
| |
|
Sorority house
|
As listed under dormitories
| |
|
Stadium
|
As listed under auditorium
| |
|
Swimming pool
|
As listed under amusement facilities
| |
|
Tavern
|
As listed under eating establishments
| |
|
Theater
|
As listed under auditorium
| |
|
Transportation terminal
|
1 for every 100 square feet of waiting room space, plus 1 additional
space for every 2 persons regularly employed on the premises
| |
|
Trucking terminal
|
As listed under freight terminals
| |
|
Warehouses
|
As listed under freight terminals
| |
|
Wholesale business
|
Parking or storage space for all vehicles used directly in the
conduct of such business, plus 1 space for each 2 persons employed
on the premises based on maximum seasonal employment
|
A.
General provisions.
(1)
On the same premises with every building or structure or part thereof
hereafter erected and occupied for the purpose of business, trade
or industry, there shall be provided and maintained adequate space
for the parking of commercial vehicles while loading and unloading
off the street or public alley. Such space shall have access to a
public alley or, if there is no alley, to a street. Off-street loading
and unloading space shall be in addition to and not considered as
meeting a part of the requirements for off-street parking space.
(2)
Off-street loading and unloading space shall not be used or designed,
intended or constructed to be used in a manner to obstruct or interfere
with the free use of any street, alley or adjoining property. Off-street
loading and unloading space shall be provided as set forth below at
the time of erection of any building or structure and/or at the time
any building or structure is enlarged or increased in capacity.
B.
Detailed
provisions.
|
Use
|
Number of Required Loading/Unloading Space
|
Minimum Dimensions
| |
|---|---|---|---|
|
Freight terminals
|
1 for every 5,000 square feet of total floor space area
|
12 feet by 55 feet by 14 feet high
| |
|
Hospitals
|
1 in addition to any necessary emergency unloading space for
ambulances
|
12 feet by 35 feet by 14 feet high
| |
|
Hotels
|
1
|
12 feet by 35 feet by 14 feet high
| |
|
Indoor markets
|
1 for every 7,500 square feet or less of total floor area
|
12 feet by 55 feet by 14 feet high
| |
|
Industrial plants
|
1 for every 10,000 square feet of total floor area, or as required
by the Board of Appeals
|
12 feet by 55 feet by 14 feet high
| |
|
Retail business
|
As listed under indoor markets
| ||
|
Service establishments
|
As listed under indoor markets
| ||
|
Trucking terminals
|
As listed under freight terminals
| ||
|
Warehouse
|
As listed under freight terminals
| ||
|
Wholesale storage facilities
|
As listed under freight terminals
| ||
A.
No public garage or motor vehicle service station or private garage
for more than five cars shall have a vehicular entrance closer than
200 feet to an entrance to a church, school, theater, hospital, public
park, playground or fire station. Such measurement shall be taken
as the shortest distance between such entrances across the street,
if the entrances are on opposite sides of the street, and along the
street frontage, if both entrances are on the same side of the street
or within the same square block.
B.
All motor vehicle service stations shall be so arranged as to require
all servicing on the premises and outside the public way; and no gasoline
pump shall be placed closer to any side property line than 50 feet,
or closer to any street line than 10 feet.
C.
No inoperative motor vehicle shall be kept on the premises of a motor
vehicle service station for longer than two weeks.
D.
All waste material shall be stored within a structure or enclosed
within a fencing at least eight feet high and not visible at any property
line of the establishment.
E.
On any streets which provide access to gasoline pumps, all repair
facilities shall be at least 15 feet farther from the street line
than the side of the gasoline pumps farthest from the street line.
A.
Rock and stone crushing and mixing stone or gravel with asphaltic oils or other binders shall be prohibited in all districts. However, the above shall not prevent issuance by the Board of Appeals of a temporary permit, under § 180-57, for a mixing plant in connection with a particular construction project for the period of its construction.
[Amended 9-11-1980 by L.L. No. 3-1980]
B.
A quarry for the removal of stone in bulk without crushing, a sand or gravel pit and topsoil removal may be authorized by the Board of Appeals where permitted by Article V as a special permit, under the conditions set forth in Article VI, provided that:[1]
(1)
No permit shall be issued for an excavation covering an area of more
than five acres.
(2)
No permit shall be issued for a period of more than three years, except that upon application and after the procedure described in Article VI has been reinitiated and completed, a permit may be issued for an additional three-year period or portion thereof.
(3)
No permit shall be issued unless the applicant provides a plan of
reclamation to be effected before termination of operations meeting
with the approval of the Board of Appeals. Such plan shall provide
for the restoration of the premises through grading, seeding, sodding
and other means to the end that the premises are left in a safe and
attractive condition. Insofar as is practical, the plan will provide
for the return of the premises to natural slopes and eliminate gullies
and holes.
(4)
Operations shall not be permitted below the water table; however,
in the event that ponds are created during operations, care will be
exercised that these do not become public nuisances. Insofar as it
is possible, operations will not be permitted to disturb the natural
drainage pattern of the area; however, if such does occur, the plan
of reclamation shall provide for the restoration of the natural drainage
pattern of the area. To assist the Board of Appeals in its deliberations
the applicant shall provide a topographic survey prepared by a licensed
professional engineer or a licensed land surveyor, showing the existing
contours and the contours proposed to be established at the conclusion
of the operation, such contours to be shown at two-foot intervals.
(5)
No permit shall be issued unless a performance bond payable to the Town of North East, satisfactory to the Town Board as to the form and manner of execution, and in an amount estimated by the Board of Appeals necessary to effect the plan described in Subsection B(3) above, has been posted with the Town Clerk. Said bond shall not be released until a certificate of completion has been issued by the Zoning Enforcement Officer, certifying that the plan of restoration described in Subsection B(3) above, including any conditions imposed by the Board of Appeals, has been executed.
(6)
Existing quarries, sand or gravel pits. Any quarry, sand or gravel pit existing at the time of the enactment of this chapter shall be discontinued within two years from the date of the adoption of this chapter. However, upon the expiration of this period, application may be made to the Board of Appeals for a permit as provided by Subsection B(1) through (5) above, inclusive.
C.
In the operation of any quarry, sand or gravel pit, the following
shall be observed:
(1)
No excavation, blasing or stockpiling of materials shall be located
within 300 feet of any public road or other property line.
(2)
No power-activated sorting machinery shall be located within 600
feet of any public road or other property line, and all such machinery
shall be equipped with satisfactory dust-elimination devices.
(3)
All excavation slopes in excess of 50% shall be adequately fenced
as determined by the Zoning Enforcement Officer.
(4)
Extension of a nonconforming quarrying operation shall not be permitted.
(5)
Major excavating, grading or filling, as herein defined, shall not
be permitted except with the approval of the Board of Appeals.
[Amended 9-11-1980 by L.L. No. 3-1980; 9-3-2009 by L.L. No.
3-2009]
A.
General provisions.
(1)
Intent. The Town of North East has adopted the principles of the
Greenway Compact Plan, which is embodied in a document entitled "Greenway
Guide." This document includes guidelines for development planning,
including a guide for signs. The revisions to the sign criteria of
this chapter were developed with the recommendations of the Greenway
Guide in mind. The text of the Greenway sign guide is hereby incorporated
into this chapter as Appendix A.[1] The intent of these regulations is to:
(a)
Reasonably control the physical characteristics of signs by
regulating their size, height, location, number, and other characteristics.
(b)
Protect the public health, welfare and safety of the community
and the residents therein.
(c)
Improve the community's visual appearance.
(d)
Promote an attractive business environment.
(e)
Maintain the rural character and scenic natural beauty of the
community.
(f)
Improve pedestrian and traffic safety.
(g)
Enable the fair and consistent enforcement of these regulations.
(h)
Encourage the installation of appropriate signs that harmonize
with the buildings, neighborhoods and other signs in the area.
[1]
Editor's Note: Copies of Appendix A are available in the Town
offices.
(2)
Sign permit approval required. Signs for the purposes of identification,
direction, information, notice or warning are a permitted accessory
use solely in conjunction with a principal permitted or special permitted
use. Except as otherwise provided, no sign or other advertising device
shall be erected, constructed, displayed, moved, reconstructed, extended,
enlarged, painted, or altered, except in conformity with the provisions
of these regulations and as expressly approved by the Zoning Enforcement
Officer in the sign permit approval process. Within 12 months following
the effective date of this section, the Zoning Enforcement Officer
shall provide a certificate of compliance to all owners of existing
signs that conform to these regulations. The certificate of compliance
will be considered equivalent to a sign permit.
(3)
Continued conformance required. Continued conformance with all requirements
shown on the sign permit or certificate of compliance shall be deemed
to be a condition for the continuation of the sign permit. Any violation
of a condition of such approval shall be subject to the same penalties
as a zoning violation. In addition, the Planning Board shall not issue
any other permit or certificate related to any property for which
a notice of violation of these regulations has been served until said
violation shall have been resolved to the satisfaction of the approval
authority, or to the court, as appropriate.
B.
Administration.
(1)
Exempted signs. The following list identifies signs that are exempt
from permit requirements. Any signs not on the list of exempted signs
either require a permit or are prohibited:
(a)
Residential identification signs for identifying a residence
and for permitted home occupations, not exceeding two square feet
and set back at least 10 feet from the public right-of-way. Such sign
shall be limited to the house number, resident's name and/or home
occupation (if any).
(b)
One temporary, nonilluminated "for sale," "for rent," real estate
sign or construction sign identifying the parties involved in the
design, financing or provision of labor or materials used on the premises,
not exceeding six square feet per face. Any such sign shall be removed
within 21 days of sale, lease, rental, or completion of construction
of the premises.
(c)
Temporary, nonilluminated window signs and posters in aggregate
not exceeding 10% of any window's surface.
(d)
Flags and insignia of any government, except when displayed
in connection with commercial promotion.
(e)
Nonilluminated warning, "private drive," "posted" or "no trespassing"
signs, not exceeding two square feet per face.
(f)
Traffic or other municipal signs, legal notices, danger, and
such temporary emergency signs as may be approved by the Zoning Enforcement
Officer.
(g)
Nonilluminated "garage sale," "yard sale," "barn sale," "tag
sale," or similarly descriptive sign, up to six square feet in area,
located fully on the premises on which the sale is being conducted.
All such signs may be displayed for a period of up to 48 hours in
advance of the sale and up to 12 hours after its completion.
(h)
Not more than one temporary event sign, not exceeding 32 square
feet in surface area, displayed on private property, announcing a
drive or event of a civic, philanthropic, educational or religious
organization, to be erected not more than 21 calendar days prior to
the event and removed within a period of 24 hours after the event.
(j)
One temporary sign for a farm stand selling agricultural produce
grown on the premises in season, providing such sign shall not exceed
10 square feet and be set back at least 10 feet from the public right-of-way.
(k)
Historical markers, when constructed of permanent materials
such as bronze, stainless steel, or similar material; and wood emblems
installed by government agencies, religious or nonprofit organizations;
not exceeding six square feet.
(l)
Not more than one temporary event banner, not exceeding 40 square
feet in surface area, displayed over or along the highway right-of-way,
subject to permission by the municipal department responsible for
maintenance of the respective highway, announcing a campaign, drive
or event of a political, civic, philanthropic, educational or religious
organization, to be erected not more than 21 calendar days prior to
the event and removed within a period of 48 hours after the event.
(2)
Application process.
(a)
For permitted signs on property not subject to site plan approval,
sign permit applications and payment of the required sign permit fee,
in accordance with the Town of North East fee schedule, shall be submitted
to the Zoning Enforcement Officer. The Zoning Enforcement Officer
shall have 10 business days to issue or deny a sign permit.
(3)
Application content. The sign application shall include a scaled
drawing depicting the proposed size, type, mounting, location and
illumination of all signs to be constructed. The size, type and location
of existing signs on the property shall also be stated. A full description
of the placement and appearance of the proposed sign shall include
the following:
(a)
The position of the sign in relation to adjacent buildings,
structures, property lines, other signs, lighting fixtures, walls
and fences.
(b)
Graphic design, including pictorial matter, letters, materials,
and colors.
(c)
Such other and additional information as may be reasonably required
by the Zoning Enforcement Officer and/or Planning Board.
(4)
Application fee. There is a fee for each sign permit application
as per the fee schedule adopted by the Town of North East.
(5)
Violations. Violations of this section shall be dealt with as set forth in § 180-97 of this chapter. Prior to any enforcement action, the Zoning Enforcement Officer shall notify the owner of the premises and, where feasible, the business identified in the sign, by certified mail of the violation, and such notice shall require compliance within seven days. Failure to cure the violation within seven days of notification will be cause for instituting further action in accordance with § 180-97.
C.
Provisions applicable to all signs in all districts.
(1)
Prohibited signs. All signs not expressly allowed under this chapter
are prohibited in the Town of North East. Prohibited signs include:
(b)
Inflatable signs and tethered balloons.
(d)
Billboards.
(e)
Roof-mounted signs or signs otherwise mounted on a building
in a way so as to extend above the wall of the building to which it
is attached.
(f)
Portable signs. With the exception of the temporary signs discussed in Subsection B(1) above, all signs shall be permanently and directly affixed to either the ground, a building or a sign structure.
(g)
Posters.
(h)
Signs that may be confused with or obstruct the view of any
authorized traffic sign or signal, obstruct the sight distance triangle
at any street intersection, or extend into the public right-of-way.
(2)
Illumination and materials.
(a)
Applicants are encouraged to construct signs of material most
in keeping with the rural character of the Town, such as wood, stone
or iron.
(b)
The use of moving, blinking, intermittent, flashing, or internally
illuminated signs is prohibited. Animated signs or signs which incorporate
electronic, mechanical or electromechanical display elements are prohibited,
with the exception of signs allowed by provisions of Subsection F(2)(b)[1][b].
No sign shall contain luminous or reflective material, retroreflective
sheeting, lettering or background with fluorescent paint, or sequin-studded
lettering. Strings of lights shall be limited to decorative or holiday
lights of low wattage installed for no more than a single sixty-day
period each calendar year.
(c)
Lighting fixtures for the external illumination of signs shall
be of an appropriate type and design to limit illumination to the
sign, shall be directed downward, and shall be so located and/or shielded
so as to not be a safety hazard for motorists nor a nuisance to adjoining
property owners. This shall require that the edge of the beam of any
artificial light source shall not cross any property line of the premises
on which the sign is situated or shine or glare into any roadway or
off-site area. Lighting shall not exceed 1,200 lumens per 10 square
feet of sign area, which is intended to represent the luminosity of
a seventy-five-watt incandescent lamp. The color temperature of light
sources will be as close as possible to natural daylight.
(3)
Rules for measuring signs.
(a)
Back-to-back signs, identical signs arranged back to back or
diverging by less than 30° from a common point, may be counted
as one sign, and only the square footage of one face shall be counted.
D.
Signs permitted in all commercial districts. The following signs
are allowed in all commercial districts (Highway Business Districts,
Industrial and Light Industrial Districts and Boulevard Districts),
provided that a sign permit is obtained.
(1)
Temporary signs as permitted in § 180-55B(1)(h).
(3)
On-premises, nonilluminated directional signs for the convenience
of the general public identifying public parking areas, fire zones,
entrances and exits and similar signs, not exceeding four square feet
per face and six feet in height.
E.
Signs in Industrial (M) and Light Industrial (M-A) Districts.
(1)
(2)
Signs requiring a permit.
(a)
One monument or freestanding sign is permitted per tax parcel
not to exceed 32 square feet in area, provided the subject parcel
conforms to all bulk requirements of this chapter. If the parcel is
preexisting and does not conform to the minimum lot area required
for the zoning district, then the size of the sign shall be reduced
in proportion to the size of the subject parcel relative to the district's
minimum lot area.
(b)
Facade signs shall not exceed 5% of the area of the facade to
which they are attached. The aggregate area of facade signs per tax
parcel shall not exceed 20 square feet.
F.
Signs in Boulevard (BD) and Highway Business (HB) Districts.
(2)
Signs requiring a permit.
(a)
Shopping centers.
[1]
To carry out the intent of the law as outlined in Subsection A, shopping centers are required to create a uniform sign plan. This plan must be developed as part of the site plan review for a new shopping center or when the first sign changes at an existing shopping center.
[2]
One freestanding or ground-based monument sign not to exceed
32 square feet and that is well integrated into the overall landscaping
for the frontage is permitted. Shopping centers are allowed one such
monument sign. A directory sign, if used, must be included in the
32 square feet, but more than five listings are discouraged.
[3]
One facade sign per business establishment, the maximum area
of which shall be 40 square feet or 5% of the area of the main entrance
facade occupied by the business establishment to which it is attached,
whichever is less. In no event, however, shall the aggregate area
of facade signs on one building exceed 5% of the facade area of that
building. Large facade signs and multiple facade signs are discouraged.
[4]
One hanging sign per business establishment, not to exceed four
square feet in area and having its lowest point at least seven feet
from the ground directly below it.
[5]
On-premises freestanding entrance and exit directional signs
each no larger than two square feet in area and only when necessary
to direct safe traffic flow.
(b)
Gas stations/convenience stores.
[1]
One freestanding or monument sign per gas station not to exceed
25 square feet for display of brand and/or business names and gas
prices. No more than 50% of the allotted area will be used to display
fuel pricing. The sign will be set back from the property line in
such a way as to insure that it does not interfere with line of sight
for traffic entering or exiting the property.
[Amended 5-12-2011 by L.L. No. 3-2011]
[a]
The monument sign shall not be internally lit,
nor shall it include self-illuminating display elements such as video
displays, light-emitting diode (LED) display matrices, nor any flashing,
alternating or animated display elements, except as permitted in Subsection
F(2)(b)[1][b] hereafter.
[b]
The monument sign may incorporate electronic, mechanical
or electromechanical display elements solely for the purposes of displaying
fuel pricing which may change frequently. Such display elements shall
be limited by design to display of fuel prices, may be self-illuminating
and shall not be capable of displaying any other information. Display
of fuel prices shall also be allowed by light-emitting diode (LED)
numerals with changeable copy. In all signs allowed in this subsection
the numbers must be constant and nonflashing. The sign elements shall
not conflict with the requirements of Subsection F(2)(b)[1][a] above.
[c]
The light-emitting diode (LED) price elements of
any monument or sign shall be extinguished when gasoline and other
fuel is not being sold at the pumps and/or when the gasoline station/convenience
store is not in operation.
[2]
One facade sign per gas station/convenience store, the maximum
area of which shall be 20 square feet or 5% of the area of the main
entrance facade to which it is attached, whichever is less. In no
event, however, shall the aggregate area of facade signs on one building
exceed 20 square feet or 5% of the facade area of that building, whichever
is less.
[3]
Required over-the-pump price signs are allowed, but they are
not to exceed the minimum size required by the applicable state or
federal law.
[4]
No signage may be installed on canopy structures.
[5]
Gas stations/convenience stores are not permitted to display
advertising signs, banners or flags on fuel dispensers, canopies,
roadside signs nor any other infrastructure.
(c)
Businesses in the Boulevard District and Highway Business Districts
which are not gas stations/convenience stores or are not within a
shopping canter.
[1]
One freestanding or monument sign per tax parcel not to exceed
20 square feet in area.
[2]
One hanging sign per business establishment, not to exceed four
square feet in area and having its lowest point at least seven feet
from the ground directly below it.
[3]
One facade sign per business establishment, the maximum area
of which shall be 20 square feet. In no event, however, shall the
aggregate area of facade signs on one building exceed 40 square feet.
G.
Signs in Agricultural (A5A), Very-Low-Density Residential (R3A),
Low-Density Residential (R1A), Medium-Density Residential (R20,000)
and Land Conservation (LC) Districts.
(1)
General provisions.
(a)
The maximum height of a freestanding sign shall be nine feet.
(b)
No sign, except residential identification signs attached to
a mailbox, shall be placed in or extend into the road right-of-way.
(c)
Illumination of signs, when allowed, shall be in accordance with the provisions of Subsection C(2) for signs conforming to these regulations; nonconforming signs may not have illumination added to them. Sign illumination in the A5A, R3A, R1A, R20,000 and LC Districts must be actuated by means of a mechanical or electronic timer, which must be set to turn off illumination at close of business.
(2)
Signs requiring a permit.
(a)
One freestanding sign not to exceed 15 square feet for uses
located on an arterial highway and 10 square feet for uses located
on other roads, identifying a use permitted in the zoning regulations.
(b)
Two farm produce signs (one in each direction) identifying specific
produce in season, for a farm market selling farm products. The signs
shall not exceed six square feet in area and shall be located within
1,000 feet of the stand or farm where the produce is sold.
H.
Off-premises directional signs.
(1)
General provisions. Off-premises directional signs may be erected
giving directions to a business located in the Town on a secondary
road (roads other than Routes 22, 44, and 199), provided that the
following conditions are met:
(a)
The sign text is limited to the business name and distance.
(b)
The sign shall not contain any graphical elements other than
a pointer arrow and plain block-lettered text.
(c)
The sign shall be white with black lettering and pointer arrow.
(d)
Sign permit approval is obtained.
(e)
The applicant has the written permission of the owner of the
property on which the sign is to be located.
(f)
The sign does not exceed four square feet in area.
(g)
The sign is designed to direct one to a business which is not
located on Route 22, 44, or 199 but is located in the Town of North
East.
(h)
The sign must be within 50 feet of an intersection. An intersection
is defined as the point at which the center lines of two roads intersect.
(i)
The maximum height of the sign shall be eight feet; its lowest
point shall be at least three feet from the ground directly below
it. It shall not be placed on a road right-of-way nor shall it be
permitted to overhang into a road right-of-way.
(j)
Off-premises directional signs shall not be illuminated.
(2)
A business is allowed one sign at the nearest relevant intersection.
A special permit may be requested from the Zoning Board of Appeals
for additional off-premises directional signs where a business can
show that the most direct route from the nearest relevant intersection
on state or county routes to the business's location involves an intersection
or intersections where additional directional signs are necessary.
(3)
There shall be no more than four off-premises directional signs located
on any one property. Multiple off-premises directional signs at an
intersection shall be placed together and joined in a stacked arrangement
on a common mounting post.
I.
Grand opening signs. A business located in either the Boulevard District
or any of the Highway Business Districts or Industrial or Light Industrial
Districts shall be permitted to obtain a permit for a grand opening
sign. Applications specifically describing the grand opening sign
shall be made to the Zoning Enforcement Officer who shall issue a
permit if the requirements of this section are met. The permit shall
be for a period of 14 days commencing on the date of the opening of
the business. The sign shall be no larger in area than the maximum
area of the permitted freestanding or monument sign in the zoning
district where the business is located. It may have attached to it
banners, flags, pennants, ribbons or streamers. It may be portable.
In no event shall it constitute a hazard.
J.
Nonconforming signs. In the event a sign lawfully erected prior to
the effective date of this section does not conform to the provisions
and standards of the section, then such shall be subject to the following
provisions:
(1)
Within six months from the effective date of this section, the Zoning
Enforcement Officer shall make a list of and shall notify all property
owners whose signs are nonconforming. This notification shall include
the statement of nonconformity and the provisions of this section.
(2)
Within six months of the notice by the Zoning Enforcement Officer,
all property owners must register with the Zoning Enforcement Officer
the existence of their nonconforming signs. This notice must include
the size and location of any and all nonconforming signs located on
the property. If the nonconforming signs are registered to the satisfaction
of the municipality within six months of the notice by the Zoning
Enforcement Officer, the sign may remain as a nonconforming sign until
such time as the business changes ownership or the sign or any portion
thereof is replaced.
(3)
The municipality may cause to be removed any nonconforming sign which
is not registered within one year of the effective date of this section.
(4)
With the exception of billboards and roof-mounted signs, if a nonconforming sign is included under the prohibited signs provisions in Subsection C(1), then such sign shall be modified by its owner to comply, or be removed within 30 days after the owner received notice from the Zoning Enforcement Officer to so comply.
(5)
Billboard signs in active use shall be removed within 10 years after
the owner has received notice from the Zoning Enforcement Officer
to so comply. Billboards predating this chapter shall be permitted
to continue as a nonconforming use during this ten-year period, unless
said use ceases for a continuous period of one year for any reason,
in which event, said nonconforming billboard shall be deemed to have
been abandoned and discontinued, and such use may not thereafter be
reinstated. The property owner shall then be responsible for the removal
of the abandoned and discontinued billboard. For the purposes of this
chapter, a billboard use is considered to have ceased if it meets
the criteria for blank signs in 17 NYCRR 150.1 of New York State law.
(6)
Roof-mounted signs shall be removed within five years after the owner
has received notice from the Zoning Enforcement Officer to so comply.
(7)
With the exception of billboards and roof-mounted signs, a nonconforming
sign may be maintained and repainted so long as its lettering, wording,
design, size, shape, and location are not changed.
(8)
Obsolete signs. Any sign which advertises a business or product or service no longer available for purchase on the premises shall be deemed obsolete and must be removed within 30 days after cessation of the business or sale of the products and services from the premises. A billboard that is abandoned and discontinued, as per Subsection J(5) above, shall be considered an obsolete sign.
K.
Enforcement.
(1)
Violations of the sign regulations contained herein are subject to the enforcement procedures outlined in § 180-97 of this chapter.
(2)
Recovery of cost of removal. At the sole discretion of the Town,
the reasonable and necessary costs incurred for removal of any sign
by the Town pursuant to this shall be charged against the real property
from which the sign was removed by adding that charge to, and making
it a part of, the next annual real property tax assessment roll of
the Town. Such charges shall be levied and collected at the same time
and in the same manner as Town-assessed taxes and shall be paid to
the Town Clerk, to be applied to reimbursing the fund from which the
costs of sign removal were paid. Prior to charging such assessments,
the owner of the real property shall be provided written notice by
certified mail, return receipt requested, to the last known address
of record, of an opportunity to be heard and object before the Town
Board to the proposed real property assessment, at a date to be designated
in the notice, which shall be no less than 30 days after its mailing.
The storage of alcohol, gasoline, crude oil, liquefied petroleum
gas or any other highly flammable liquid in aboveground tanks in an
amount greater than 550 gallons shall be permitted only when such
tanks, up to and including 10,000 gallons' capacity, are placed not
less than 50 feet from all property lines and when all such tanks
of more than 10,000 gallons' capacity are placed not less than 100
feet from all property lines. Any such storage having a capacity greater
than 550 gallons shall be properly dyked with earthen dykes having
a capacity not less than 1 1/2 times the capacity of the tank
or tanks surrounded.
A temporary permit may be issued by the Zoning Enforcement Officer,
for a period not exceeding one year, for a nonconforming use incidental
to housing and construction projects, including such structures and
uses as storage of building materials and machinery, the processing
of building materials and a real estate office located on the tract
being offered for sale, provided that such permits are conditioned
upon agreement by the owner or operator to remove the structure or
structures or use upon expiration of the permit. This section does
not apply to structures used for residential purposes. Such permits
may be renewed yearly, upon application to the Zoning Enforcement
Officer, for an additional period of one year.
Where the topography is such that the slope of the land exceeds
15%, and, therefore, access to a private garage built back of the
front building line as required by this chapter is impracticable,
it shall be permissible to place such building, not exceeding 12 feet
in height, within the front yard space, but not closer to the street
line than 18 feet.
[Added 5-17-1984 by L.L. No. 1-1984]
A.
Location. No special permit shall be granted for the construction
or expansion of any building on a nursery farm unless such nursery
farm has a minimum of 400 feet of frontage on a road designated as
an arterial road in the Comprehensive Plan adopted by the Town and
unless ingress and egress to and from the retail sales area is solely
from the arterial road.
B.
Sale of products produced off-premises. Agricultural products that
are nonmechanical and used by the farmer ordinarily in the production
of his crop or commodity and plant life similar to that grown on the
farm may also be sold, provided that the aggregate retail value of
these agricultural products and similar plant life does not exceed
33 1/3% of the retail value of all products sold at the premises
annually.
C.
Yards, front, rear and side. There shall be a front yard 80 feet
in depth into which there shall be no encroachment of structures or
commercial usages other than signs and parking of not more than 25
cars. No part of any building or structure, pavement or parking space
shall extend nearer than 50 feet to a side or rear property line.
D.
Landscape treatment. All property shall be appropriately landscaped,
particularly at the front. A property abutting a residential use at
the side or rear shall be permanently planted with shrubs and trees
for a width of 50 feet on such abutting property line where the distance
between the retail buildings or structures, pavement or parking space
and the residence is less than 400 feet.
E.
Nonresidential employees. There shall be no more than five nonresident
employees involved in the nursery farm retail sales.
F.
Coverage. The maximum floor area devoted to retail sales shall be
5,000 square feet.
[Added 2-9-1989 by L.L. No. 3-1989]
A.
Legislative findings. The Comprehensive Plan of the Town of North
East states that its primary housing goal is "to provide a variety
of housing types to meet the needs of all the residents of the community."
In order to achieve this objective, it is necessary to retain diversity
in housing styles, prices and tenures. This will help the community
retain a diverse population, maintain its socioeconomic balance and
sustain a diverse economy. To accomplish these objectives, the Town
is pursuing a variety of approaches to increase housing opportunities.
In addition to this section, to provide for accessory apartments,
the Town Board is also introducing legislation to allow ECHO units
by special permit and semidetached dwellings as a permitted and specially
permitted use to supplement existing provisions for two-family dwellings
in this chapter. In 1987, the North East Town Board commissioned the
preparation of the Town of North East Housing Study, which documented
the need for, and lack of, affordable housing in the Town, including
the Village of Millerton. The housing study, which has been adopted
as part of the Town Master Plan by the Town Board and the North East
Planning Board, recommended that the Town implement zoning changes
that would increase local housing opportunities. The community values
survey that was completed as part of the housing study indicated a
clear recognition of the need for more moderately-priced apartments
in the area. One recommendation of the study was to allow for the
use of accessory apartments in the Town. Based on the housing study
and the continuing gap between actual housing costs and the housing
costs that can be sustained by people whose incomes are at or below
the median income level, the North East Town Board hereby finds that
economic conditions have created a scarcity of affordable housing.
By adoption of this legislation, the Town Board seeks to promote affordable
housing opportunities and encourage the creation of rental units.
B.
Purpose. It is the specific purpose and intent of this section to
allow an accessory apartment, by special permit, on one-family dwelling
lots in all districts that allow one-family dwellings as a permitted
principal use and to provide the opportunity and encouragement for
the development of small, rental housing units. The enactment of this
section is in no way intended to reduce the scope of the permitted
use, as of right, of two-family or semidetached dwellings as defined
in this chapter, but to allow, through the special permit process,
more efficient use and design of dwellings and existing accessory
buildings. Furthermore, it is the purpose and intent of this provision
to provide economic support for homeowners of limited income and to
protect and preserve property values. To help achieve these goals
and to promote other objectives of this chapter and the Town Master
Plan, the following specific standards are set forth.
C.
Floor area. The minimum floor area of an accessory apartment shall
be 300 square feet, but in no case shall the floor area of an accessory
apartment within a principal dwelling exceed 35% of the total floor
area of the building, unless, in the opinion of the Board of Appeals,
a greater or lesser amount of floor area is warranted by the specific
characteristics of the particular building and lot and the circumstances
of the case.
D.
Bedrooms. There shall be a maximum of two bedrooms in the accessory
apartment.
E.
One-family character. A dwelling containing an accessory apartment
shall, to the degree reasonably feasible, maintain the character and
appearance of a one-family dwelling and shall have only one front
entrance, when practicable.
F.
Expansion of existing structure. An accessory apartment shall be
permitted only within an existing one-family dwelling, an existing
building accessory to a one-family dwelling or built on the same foundation
as a new one-family dwelling, and not on any separate foundation.
Additions to an existing building to accommodate an accessory apartment
shall increase neither the floor area of the building nor the lot
coverage of the building by more than 10%.
G.
Eligible structures. All one-family dwellings shall be eligible for this special permit, whether existing or newly constructed. An accessory building shall be eligible for this special permit if such accessory building was constructed prior to the effective date of this section, notwithstanding § 180-44C, relating to frontage on a public street. An accessory building to a one-family dwelling, if such accessory building is constructed subsequent to the effective date of this section, shall be eligible for this special permit five years after it is constructed, notwithstanding § 180-44C. Proof of the date of construction may be established by a certificate of occupancy or other means acceptable to the Board of Appeals.
H.
Lot size. The minimum lot size for the principal dwelling and a specially
permitted accessory apartment shall conform to the requirements for
a one-family dwelling in the district in which the building or buildings
are located.
I.
Number of dwelling units per lot. Only one accessory apartment per
lot shall be permitted. No special permit for an accessory apartment
shall be issued for a lot where the principal dwelling is other than
a one-family dwelling or where a permit for an ECHO unit is in force.
J.
Parking. Parking requirements shall conform to those set forth in § 180-50B, Residences, requiring two parking spaces per dwelling unit, except that the Board of Appeals may reduce the number of parking spaces required per accessory apartment if circumstances so warrant.
K.
Adequacy of infrastructure.
(1)
If the water supply is from a private source, the applicant or his
or her agent shall certify that the water supply is potable and of
adequate flow. Failure to promptly correct any water quality problems
shall result in the revocation of the special permit.
(2)
The applicant or his or her agent shall certify that the sewage disposal
system is adequate for the two units. Failure to promptly correct
any sewage system problem shall result in revocation of the special
permit.
(3)
No special permit for an accessory apartment shall be granted in
any case where the Dutchess County Health Department has determined
that the water or sewage system in question is for any reason not
capable of handling the additional demand that the accessory apartment
would impose on it.
L.
Construction. The accessory apartment shall be constructed in accordance
with all applicable laws, regulations, codes and ordinances, including
the New York State Uniform Fire Prevention and Building Code.
M.
Application process. Application for a special permit for an accessory apartment shall be made to the Zoning Enforcement Officer in accordance with the standards and procedures set forth in Article VI of this chapter, subject to the following additional provisions:
(1)
Materials to assist the Board of Appeals in reviewing an application for a special permit, as described in Article VI, § 180-26, shall include a floor plan of the existing building and proposed accessory apartment, a survey or other appropriate drawing or document showing the location and size of the septic system and well and the structures on the lot, both as they exist and as they would appear with the accessory apartment.
(2)
In determining whether to grant the application, the Board of Appeals shall consider the following factors, in addition to those described in § 180-26:
(a)
Whether the use will be in harmony with and promote the general
purpose of this section.
(b)
Whether the use will conserve property values and encourage
the most appropriate uses of land.
(c)
Whether the lot area is sufficient, appropriate and adequate
for the use, particularly with regard to septic system and water requirements.
(d)
Whether the application is consistent with the Town Master Plan.
N.
Revocation of special permit. A special permit for an accessory apartment
may be revoked by the Board of Appeals, after notice and a hearing,
if:
O.
Existing accessory apartments. All owners of existing accessory apartments not created in compliance with this chapter shall apply for a special permit within six months of the effective date of this section. If application is not made within this period, the owner shall be in violation of this section, as incorporated within this chapter, and shall be subject to the penalties provided in § 180-97.
[Added 2-9-1989 by L.L. No. 2-1989]
A.
Legislative findings. The Comprehensive Plan of the Town of North
East states that its primary housing goal is "to provide a variety
of housing types to meet the needs of all the residents of the community."
In order to achieve this objective, it is necessary to retain diversity
in housing styles, prices and tenures. This will help the community
retain a diverse population, maintain its socioeconomic balance and
sustain a diverse economy. To accomplish these objectives, the Town
is pursuing a variety of approaches to increase housing opportunities.
In addition to this section, to provide for ECHO housing, the Town
Board is introducing legislation to allow accessory apartments by
special permit and semidetached dwellings as a permitted and specially
permitted use to supplement existing provisions for two-family dwellings
in this chapter. In 1987, the North East Town Board commissioned the
preparation of the Town of North East Housing Study, which documented
the need for, and lack of, affordable housing in the Town, including
the Village of Millerton. In the housing study, North East was found
to have Dutchess County's highest percentage of elderly people living
alone, second lowest median household income and second highest percentage
of households in poverty. Yet the Town's housing stock is dominated
by single-family dwellings and includes very few small apartments.
The Town has no nursing homes or housing units specifically designated
or designed for elderly people. The housing study, which has been
adopted as part of the Town Master Plan by the Town Board and the
North East Planning Board, recommended that the Town implement zoning
changes that would increase local housing opportunities. The community
values survey that was completed as part of the housing study indicated
strong support for permitting families to move their elderly parents
into a small temporary home on their own property. Based on the housing
study and the continuing gap between actual housing costs and the
housing costs that can be sustained by people whose incomes are at
or below the median income level, the North East Town Board hereby
finds that economic conditions have created a scarcity of affordable
housing. Moreover, local housing opportunities are often inappropriate
for the special needs of elderly people.
B.
Purpose. It is the purpose and intent of this section to accomplish
the Town's Master Plan objectives by allowing, by special permit,
the installation of small, removable homes known as "elder cottage
housing opportunity (ECHO) units" on the same lots with one-family
dwellings in all districts that allow one-family dwellings as a permitted
principal use. Specifically, this section is intended to:
(1)
Foster and support extended families.
(2)
Permit adult children to provide small, temporary homes for their
aging parents who are in need of support, while maintaining as much
of the independence of the two generations as possible.
(3)
Reduce the degree to which elderly homeowners have to choose between
increasing isolation in their homes and institutionalization in nursing
homes.
(4)
Encourage the continued development and use of small homes specifically
designed and built for elderly people, which include such features
as easy adaptation to handicapped accessibility, safe exit features
and fire-resistant construction.
(5)
Permit ECHO housing in a manner that protects the property values
and character of neighborhoods by ensuring that the units are compatible
with the neighborhood and are easily removable.
(6)
Enable the elderly living in homes too large for their needs to move
to more appropriate housing and thereby make larger homes available
to house larger families.
C.
Occupancy.
(1)
At the time the special permit is issued, at least one intended occupant
of the ECHO unit must be at least 62 years of age, and any other occupant
must be at least 55 years of age. Subsequently, if the occupant who
is 62 no longer occupies the ECHO unit and all other conditions continue
to apply, the permit may be renewed for the other occupant, even if
the person is less than 62 years of age.
(2)
At least one occupant of the principal dwelling and at least one
occupant of the ECHO unit must be related by blood, marriage or adoption.
(3)
In no case shall there be more than two occupants of an ECHO unit.
(4)
The special permit shall be issued to the owner of the principal
dwelling and lot.
E.
Size of unit. The minimum floor area of an ECHO unit shall be 300
square feet, the maximum floor area 900 square feet and the maximum
height 16 feet or one story.
F.
Placement of an ECHO unit. Notwithstanding § 180-44, relating to road frontage on public street, the ECHO unit shall be placed in the side yard or the rear of the principal dwelling. Pedestrian access must be provided to the ECHO unit without going through the principal dwelling.
H.
Access. All walkways from parking areas and from the principal dwelling
to the ECHO unit shall be suitable for wheelchair and stretcher access.
I.
Parking. In addition to the parking required for the principal dwelling,
one parking space for the ECHO unit shall be required, except that
the Board of Appeals may increase the required number of parking spaces
to two if circumstances so warrant.
J.
Waiver of requirements. The Board of Appeals may waive the requirements
of this law, if so warranted by the specific characteristics of the
particular structures and lot and circumstances of the case, upon
showing that the waiver will not negatively affect public health,
safety or welfare and that the waiver will be in harmony with and
promote the general purpose of this section.
K.
Number of dwelling units per lot. Only one ECHO unit per lot shall
be permitted. No special permit for an ECHO unit shall be issued for
a lot where the principal dwelling is other than a one-family dwelling
or where a permit for an accessory apartment is in force.
L.
Enclosure of underportion. The underportion of the unit shall be
properly enclosed within 30 days of installation.
M.
Removability.
(1)
The unit shall be constructed so as to be easily removable.
(2)
The unit's foundation should be of easily removable materials, such
as timber pilings or cement block piers, so that the lot may be restored
to its original use and appearance after removal with as little expense
as possible.
(3)
No permanent fencing, walls or other structures should be installed
that will hinder removal of the ECHO unit from the lot.
N.
Adequacy of infrastructure.
(1)
If the water supply is from a private source, the applicant or his
or her agent shall certify that the water supply is potable and of
adequate flow. Failure to promptly correct any water quality problems
shall result in the revocation of the special permit.
(2)
The applicant or his or her agent shall certify that the sewage disposal
system is adequate for the two units. Failure to promptly correct
any sewage system problem shall result in revocation of the special
permit.
(3)
No special permit shall be granted in any case where the Dutchess
County Health Department has determined that the water or sewage system
serving the principal dwelling is for any reason not capable of handling
the additional demand that the ECHO unit would impose on it.
O.
Application process. Application for a special permit for an ECHO unit shall be made to the Zoning Enforcement Officer in accordance with the standards and procedures set forth in Article VI of this chapter, subject to the following additional provisions:
(1)
Materials to assist the Board of Appeals in reviewing an application for a special permit, as described in Article VI, § 180-26, shall include:
(a)
The names of all owners of record of the principal dwelling,
lot and ECHO unit.
(b)
The names of the proposed occupants of the ECHO unit.
(c)
The relationship between the occupants of the principal dwelling
and the occupants of the ECHO unit.
(d)
If neither the occupants of the principal dwelling nor the occupants
of the ECHO unit own the ECHO unit, the lease or other agreement with
the owner of the ECHO unit.
(e)
A floor plan of the ECHO unit, including the square footage
(may be the manufacturer's or builder's brochure).
(f)
A survey or other appropriate drawing or document showing the
location and size of the septic system and well and the structures
on the lot, both with and without the ECHO unit.
(g)
The applicant's plan for removal of the ECHO unit at the time
the special permit terminates.
(2)
In determining whether to grant the application, the Board of Appeals shall consider the following factors, in addition to those described in § 180-26:
(a)
Whether the use will be in harmony with and promote the general
purpose and intent of this section.
(b)
Whether the use will conserve property values and encourage
the most appropriate uses of land.
(c)
Whether granting the application will cause an undue concentration
of ECHO units.
(d)
Whether the lot area is sufficient, appropriate and adequate
for the use, particularly with regard to septic system and water requirements.
(e)
Whether the application will be compatible with the Town Master
Plan.
(3)
A special permit may be granted for an initial period of up to one
year, expiring on April 30. Thereafter, upon application to the Board
of Appeals showing that there have been no changes in circumstances
which would result in the ECHO unit's being in violation of the provisions
of this section, the permit may be renewed yearly, for a period running
from May 1 to April 30. Upon development of appropriate procedures
by the Board of Appeals, such renewal may be granted administratively
by the Zoning Enforcement Officer.
(4)
At the time of application, the applicant must verify that he or
she:
(a)
Understands that the permit is issued solely for the use of
the named occupants.
(b)
Has made plans for the removal of the unit.
(c)
Recognizes the possible sanctions for failure to promptly remove
the ECHO unit upon termination or revocation of the special permit.
These sanctions include all those specified in this chapter; injunctive
relief; criminal penalty; removal and salvage by the Town, to defray
any enforcement costs incurred; the placement of a lien against the
applicant's property, to defray any enforcement costs incurred; and
any other remedies available to the Town.
P.
Renewal of special permit. At the time of application for renewal
of the special permit, the applicant or his or her agent shall verify:
(1)
That the conditions upon which the special permit was granted continue
to apply;
(2)
That he or she has made plans for removal of the ECHO unit upon termination
of the special permit; and
(3)
That he or she understands the possible sanctions for failure to
promptly remove the ECHO unit upon termination of the special permit.
Q.
Termination of special permit.
(2)
During this ninety-day grace period, the ECHO unit shall be removed
and the site restored so that no visible evidence of the ECHO unit
and its accessory elements remains. If the ECHO unit has not been
removed by the end of this grace period, in addition to the existing
sanctions in this chapter, actions to ensure removal may be taken,
including removal and salvage by the Town, with a lien imposed to
defray any costs incurred.
(3)
The Board of Appeals, upon a showing of extraordinary circumstances
making removal of the ECHO unit impossible during the ninety-day grace
period, may grant one extension of up to 90 days for removal of the
ECHO unit.
R.
Revocation of special permit. A special permit for an ECHO unit may
be revoked by the Board of Appeals, after notice and a hearing, if:
(1)
It shall reasonably appear to the Board of Appeals that the ECHO
unit is not in compliance with applicable laws, rules, regulations,
codes or ordinances or that the conditions of the special permit are
not satisfied; or
(2)
Any lawful inspection of the ECHO unit is refused or prevented by
the owner or occupant.
[Added 12-28-1989 by L.L. No. 9-1989]
A.
Legislative findings.
(1)
The Comprehensive Plan of the Town of North East states that its
primary housing goal is "to provide a variety of housing types to
meet the needs of all the residents of the community." In order to
achieve this objective, it is necessary to retain diversity in housing
styles, prices and tenures. This will help the community retain a
diverse population, maintain its socioeconomic balance and sustain
a diverse economy. To accomplish these objectives, the Town is pursuing
a variety of approaches to increase housing opportunities. In addition
to this section to provide for conversion of existing buildings to
multiple dwelling units, the Town Board has recently enacted legislation
to allow ECHO units and accessory apartments as specially-permitted
uses and semidetached dwellings as a permitted and specially-permitted
use, to supplement existing provisions for two-family dwellings in
this chapter.
(2)
In 1987, the North East Town Board commissioned the preparation of
the Town of North East Housing Study, which documented the need for
and lack of affordable housing in the Town, including the Village
of Millerton. The housing study, which has been adopted as part of
the Town Master Plan by the Town Board and the North East Planning
Board, recommended that the Town implement zoning changes that would
increase local housing opportunities. The community values survey
that was completed as part of the housing study indicated a clear
recognition of the need for more moderately-priced apartments in the
area and support for taking action to address this need. Respondents
also verified the availability of existing barns and other buildings
that could be converted to apartments in a manner compatible with
the surrounding community. One recommendation of the housing study
was to enact zoning changes to better take advantage of existing structures.
Based on the housing study and the continuing gap between actual housing
costs and the housing costs that can be sustained by people whose
incomes are at or below the local median income level, the North East
Town Board hereby finds that economic conditions have created a scarcity
of affordable housing.
(3)
Additionally, the Town Board finds that the community contains a
number of large residential buildings that may not be easily used
and maintained as one-family and two-family dwellings because of their
large size. The community also contains a number of large nonresidential
structures, including agricultural buildings, that cannot be economically
maintained in their current or past use and are in danger of falling
into disrepair or are subject to demolition if an alternate use for
them is not available. These buildings, particularly those representing
the community's rural and agricultural character, are of historic,
architectural and cultural significance to the community and are worthy
of preservation.
(4)
By adoption of this section, the Town Board seeks to promote affordable
housing opportunities, encourage the creation of rental housing and
aid the preservation of significant large buildings.
B.
Purpose. It is the specific purpose and intent of this section to
allow, by special permit, in all districts that allow residential
uses as permitted principal uses, the conversion of an existing building
to multiple dwelling units and to provide for the opportunity and
encouragement for the development of rental housing units. The enactment
of this section is in no way intended to reduce the scope of the permitted
use, as of right, of two-family or semidetached dwellings as defined
in this chapter, but to allow, through the special permit process,
more efficient use of existing structures. Furthermore, it is the
purpose and intent of this section to encourage the preservation of
buildings of historic, architectural and cultural significance by
allowing the conversion of these buildings to multiple dwelling unit
residential use.
C.
Floor area. The minimum floor area of each dwelling unit in a conversion
shall be as follows: 400 square feet for a studio apartment; 500 square
feet for a one-bedroom apartment; 700 square feet for a two-bedroom
apartment; and 850 square feet for a three-bedroom apartment.
D.
Eligible buildings. A building shall be eligible for this special
permit if such building was constructed prior to the effective date
of this section. A building constructed subsequent to the effective
date of this section shall be eligible for this special permit five
years after it is constructed. Proof of the date of construction may
be established by a certificate of occupancy or other means acceptable
to the Board of Appeals.
E.
Architectural integrity of building. The existing building may be
expanded only upon a showing that such expansion is necessary to allow
a reasonable conversion of the building. If such expansion is permitted,
in no case shall the floor area of the building or the lot coverage
be increased by more than 10%. Any changes to the exterior of the
building must be compatible with the existing architecture of the
building.
F.
Lot size. The minimum lot size for a conversion shall conform to
the requirements set out in the chart below.
|
Minimum Acreage
(acres per district)
| |||||
|---|---|---|---|---|---|
|
Number of Units
|
R20,000
|
R1A
|
R3A
|
A5A
| |
|
4 or fewer
|
1
|
2
|
3
|
5
| |
|
5 to 8
|
2
|
4
|
6
|
10
| |
|
9 to 12
|
3
|
6
|
Not permitted
|
Not permitted
| |
G.
Number of conversions per lot. Only one conversion per lot shall be permitted. No other residential structures shall be permitted on the same lot with the conversion. A conversion can include the modification of two adjacent buildings on the same lot, as long as the total units proposed does not exceed the number of permissible units as outlined in Subsection F of this section. The conversion of both buildings would have to be applied for, and approved of by the Zoning Board of Appeals, at the same time. In evaluating an application for the conversion of two buildings on the same lot, the Zoning Board of Appeals should consider whether the structures are functionally related in regard to infrastructure, parking, landscaping and access and whether all other requirements of this section have been adhered to.
H.
Parking.
(1)
Parking requirements shall conform to those set forth in § 180-50B for residences, requiring two parking spaces per dwelling unit, except that the Board of Appeals may reduce the number of parking spaces to one per dwelling unit if circumstances so warrant.
(2)
The Board of Appeals may require landscaping, fences or other appropriate
measures to minimize the impact of parking areas on the streetscape
and neighboring properties.
I.
Adequacy of infrastructure. The approval of the Dutchess County Health
Department of the water and sewage disposal systems of the proposed
conversion shall be obtained before issuance of the special permit.
J.
Construction. The conversion shall be constructed in accordance with
all applicable laws, regulations, codes and ordinances, including
the New York State Uniform Fire Prevention and Building Code.[1]
(1)
Stairways leading to any floor or story above the first floor shall
be located within the walls of the building whenever practicable.
If such stairways must be placed on the exterior of the building,
they shall be located in such a manner as to minimize their visibility
to neighbors and from the roadway.
(2)
Locations of entrances to the building and dwelling units shall be
easily ascertainable to facilitate provision of emergency services.
[1]
Editor's Note: See Art. X.
K.
Application process. Application for a special permit for a conversion shall be made to the Zoning Enforcement Officer in accordance with the standards and procedures set forth in Article VI of this chapter, subject to the following additional provisions:
(1)
Materials to assist the Board of Appeals in reviewing an application for a special permit, as described in Article VI, § 180-26, shall include a floor plan of the existing building and proposed apartments, building plans prepared by a licensed architect or engineer and a survey or other appropriate drawing or document showing the location and size of the septic system and well and the structures on the lot, both as they exist and as they would appear with the conversion. The Board of Appeals may also require submission of a site plan, with or without proposed elevations, and other appropriate material.
(2)
In determining whether to grant the application, the Board of Appeals shall consider the following factors, in addition to those described in § 180-26:
(a)
Whether the use will be in harmony with and promote the general
purpose of this section;
(b)
Whether the use will conserve property values and encourage
the most appropriate uses of land;
(c)
Whether the proposed number of dwelling units is appropriate;
(d)
Whether the lot area is sufficient, appropriate and adequate
for the use, particularly with regard to septic system and water requirements
and proposed density; and
(e)
Whether the use is consistent with the Town Master Plan.
L.
Revocation of special permit. A special permit for a conversion may
be revoked by the Board of Appeals, after notice and a hearing, if:
[Added 7-11-1990 by L.L. No. 1-1990]
A.
General provisions. Small wind energy conversion systems (SWECS)
are a use that is only accessory to an established permitted principal
use and are not permitted as a principal use. There shall be no more
than one SWECS per principal use. Wherever located and whatever their
nature, SWECS shall conform to the following regulations.
B.
Information to be supplied by applicant. In addition to the information
required in the application, the site plan submitted shall also show:
(1)
The location of the tower on the site and the tower height, including
blades.
(2)
Underground utility lines within a radius equal to the proposed tower
height, including blades.
(3)
The dimensional representation of the various structural components
of the tower construction, including the base and footings.
(4)
The manufacturer's make and model and design data indicating the
basis of the design, including the manufacturer's dimensional drawings,
installation and operating instructions and maintenance and inspection
procedures and certification by the manufacturer that this model of
generator has operated safely under various atmospheric conditions
for a period of at least three months.
(5)
Certification by the manufacturer or by a registered professional
engineer that the tower design is sufficient to withstand wind-load
requirements for structures, as specified by the New York State Building
Construction Code.
(6)
A wind stream study for the location proposed, when appropriate.
C.
Location, access and size.
(1)
No SWECS shall be erected in any location where its overall height,
including blades, is greater than the distance from its base to the
property line of another or utility right-of-way.
(2)
Access to the tower shall be limited either by means of a fence six
feet high around the tower base, with a locking portal or by limiting
the tower climbing apparatus to no lower than 12 feet from the ground.
(3)
A SWECS shall not be installed in any location along the major axis
of an existing microwave communication link where its operation is
likely to produce an unacceptable level of electromagnetic interference.
No SWECS shall interfere with the reception of domestic radio or television
signals.
(4)
No SWECS shall be installed in a location where the Board of Appeals
determines that its impact will be detrimental to the general neighborhood
character.
(5)
If the SWECS is to be interconnected to an electric utility distribution
system, the applicant shall provide evidence of approval of the proposed
interconnect by Central Hudson Gas & Electric.
(6)
No SWECS shall exceed 23 feet in blade diameter or 10 kilowatts in
generating capacity, whichever is the lesser.
D.
Height.
(1)
All SWECS shall be installed at the lowest height possible which
will provide reasonable access to wind energy and minimum visual impact.
The applicant shall demonstrate a need for the height proposed by
documenting a wind stream study.
(2)
Including its blades, no SWECS shall extend more than 80 feet above
the average general level of the permanent structure unless a need
for greater height is demonstrated.
(3)
The minimum distance between the ground and any protruding blades
shall not be less than 35 feet as measured at the lowest point of
the arc of the blades unless wind study suggests otherwise.
E.
Braked installation. All SWECS shall be designed with an automatic
brake to prevent overspeeding and excessive pressure on the tower
structure.
[Added 5-4-1995 by L.L. No. 4-1995]
A.
Minimum acreage. No special use permit shall be granted for a rod
and gun club unless such club is located on a lot having an area of
not less than 150 contiguous acres. For purposes of this section,
portions of a lot divided by a state, county or Town highway shall
not be deemed to be contiguous.
B.
Setback requirements. No club activities involving the discharge
of firearms shall be conducted nearer than 500 feet to a property
line.
C.
Use of lead shot. No club activities shall involve the discharge
or use of lead shot on club property.
D.
No daily public use. The club activities shall be conducted exclusively
for club members and their guests and shall not be available to the
public on a daily fee or charge basis.
E.
Accessory buildings. The club may have a meetinghouse and one or
more accessory buildings for the storage of equipment. The meetinghouse
may be used only for club meetings, club functions and membership
activities. The meetinghouse may contain no more than three bedrooms
and a kitchen and dining room for use by club members, but no overnight
lodging or food service shall be made available to transients or the
general public.
F.
Alcoholic beverages. No alcoholic beverages may be served in conjunction
with club activities or social functions involving or held in conjunction
with the discharge of firearms.
G.
Harboring of dogs. The harboring of more than three dogs on club
property shall be prohibited unless the applicant applies for and
receives a special use permit for the operation of a kennel as may
be permitted by this chapter.
H.
Hours of operation. Club activities involving the discharge of firearms
shall not be conducted prior to 9:00 a.m. or after 6:00 p.m. on weekdays
or Saturday or prior to 12:00 noon or after 6:00 p.m. on Sundays and
state and federal holidays. No club activities involving discharge
of firearms shall occur before sunrise and after sundown.
I.
Hunting. Hunting may be conducted on club property only in season
in accordance with the provisions of Article 11, §§ 11-0903,
11-0905 and 11-0907, of the Environmental Conservation Law and the
rules and regulations adopted thereto.
J.
Sporting clays. Sporting clays is not a permitted or accessory rod
and gun club activity.
K.
Discretion of Zoning Board of Appeals. It is recognized that the operation of a rod and gun club in a residential neighborhood could have an adverse impact on the surrounding neighborhood. The extent of this impact will necessarily depend on such factors as: the size of the property on which the club will be sited; the topography of the club property; the natural vegetation, screening and buffering existing on site; the size of the club; the type and number of on-site activities involving the discharge of firearms; the location, layout and orientation of the various on-site club activities involving the discharge of firearms; the proposed hours of operation of the club; and the proximity of the club to existing residences. Notwithstanding the fact that a rod and gun club is a use permitted in the Town's A5A, R3A, and LC Districts, subject to the issuance of a special use permit, the Board of Appeals shall retain full discretion to deny a permit application for a rod and gun club if the Board determines that the use does not comply with the standards set forth in this section; does not comply with the general standards for special permit uses contained in § 180-26 of this chapter; or will result in a significant adverse impact on the surrounding neighborhood in terms of increased noise, decreased public safety or diminution in property values which cannot be adequately mitigated by the imposition of special permit conditions.
L.
Special permit conditions. In addition to the authority vested in the Board of Appeals to impose reasonable conditions and restrictions on the special use permits as set forth in § 180-26 of this chapter, the Board of Appeals shall impose such conditions and restrictions on the operation of the rod and gun club which, in its discretion, may be necessary to mitigate such problems as noise, public safety and diminution of property values. The Board of Appeals shall, as condition of each special use permit issued for a rod and gun club, require that the Zoning Enforcement Officer, on an annual basis, inspect the rod and gun club operation and report back to the Board with regard to the permit holder's compliance with the provisions of this chapter, any special permit conditions imposed and the requirements of the site plan approved by the Planning Board. Such restrictions and conditions may include, but shall not necessarily be limited to, the following:
(1)
Increased limitations on hours of operation and discharge of firearms.
(2)
Increased setback requirements for certain activities involving the
discharge of firearms.
(3)
Requirement of vegetative screening, buffering and/or berming of
target, skeet and trapshooting ranges and other rod and gun club activities.
(4)
Limitation or prohibition of certain activities involving discharge
of firearms.
(5)
Prescribed siting, configuration or orientation of activities involving
discharge of firearms and/or storage of ammunition.
(6)
Requirement that boundaries or a portion of the boundaries of the
club property be enclosed in a certain prescribed manner.
(7)
Limitations on the number of club members.
(8)
The requirement of additional inspections of the property and operation
by the Zoning Enforcement Officer with reports back to the Zoning
Board of Appeals.
M.
Wholly enclosed parcel of land. For purposes of this section, the
term "wholly enclosed parcel of land" shall mean lands, the boundaries
of which are indicated by wire, ditch, hedge, fence, road, highway
or water or in any visible or distinctive manner which indicates a
separation from the surrounding contiguous territory.
N.
Material to be submitted by applicant. In addition to those materials required by § 180-27 of this chapter, to be submitted with any application for a special use permit, an applicant for a rod and gun club special use permit shall submit the following additional materials:
(1)
A declaration as to the nature and extent of the proposed rod and
gun club operation.
(2)
A description of all proposed club activities, including those which
involve the discharge of firearms or the provision of overnight lodging
and food to members.
(3)
Copies of the written membership qualifications, constitution and
bylaws for the rod and gun club.
(4)
A site plan, drawn at a scale of not less than 50 feet to the inch, prepared by a professional engineer, architect and/or land surveyor licensed to practice in the State of New York and as required by law, showing all of the information set forth in § 180-35C of this chapter and, in addition, showing the location of all target shooting, skeet shooting and trapshooting, ranges and other activities involving the discharge of firearms.
(5)
A statement concerning the proposed hours of operation for all club
activities and the proposed membership qualifications and number of
members anticipated.
(6)
Any other information or documentation requested by the Board of
Appeals deemed necessary to assist it in its decision-making process.
[Added 5-4-1995 by L.L. No. 4-1995]
A.
Department of Environmental Conservation license. No special use
permit for a shooting preserve shall be granted until the applicant
has obtained a shooting preserve license issued by the Department
of Environmental Conservation pursuant to § 11-1903 of the
Environmental Conservation Law.
B.
Minimum acreage. No special use permit shall be granted for a shooting
preserve unless such preserve is located on a lot or lots having an
area of not less than 500 contiguous acres. For purposes of this section,
portions of a lot divided by a state, county or Town highway shall
not be deemed to be contiguous.
C.
Setback requirements. No shooting preserve activities involving the
discharge of firearms shall be conducted nearer than 1,000 feet to
a property line.
D.
Use of lead shot. No shooting preserve activities shall involve the
discharge or use of lead shot on preserve property.
E.
Accessory buildings. A shooting preserve may have a main building
for the conduct of the preserve business and for congregation of users
or patrons of the preserve and one or more accessory buildings for
the storage of equipment. The main building may also contain no more
than three bedrooms and a kitchen and dining room for use by preserve
members, but no overnight lodging or food service shall be made available
to transients or the general public.
F.
Alcoholic beverages. No alcoholic beverages may be served in conjunction
with shooting preserve activities involving or held in conjunction
with the discharge of firearms.
G.
Harboring of dogs. The harboring of more than three dogs on shooting
preserve property shall be prohibited unless the applicant applies
for and receives a special use permit for the operation of a kennel
as may be permitted by this chapter.
H.
Hours of operation. Shooting preserve activities involving the discharge
of firearms shall not be conducted prior to 9:00 a.m. or after 6:00
p.m. on weekdays or Saturday or prior to 12:00 noon or after 6:00
p.m. on Sundays and state and federal holidays. No shooting preserve
activities involving discharge of firearms shall occur before sunrise
or after sundown.
I.
Hunting. Hunting may be conducted on shooting preserve property only
in season in accordance with the provisions of Article 11 of the Environmental
Conservation Law and the rules and regulations adopted pursuant thereto.
J.
Discretion of Zoning Board of Appeals. It is recognized that the operation of a shooting preserve in a residential neighborhood could have an adverse impact on the surrounding neighborhood. The extent of this impact will necessarily depend on such factors as: the size of the property on which the preserve will be sited; the topography of the preserve property; the natural vegetation, screening and buffering existing on site; the size of the preserve; whether the preserve will be operated as a commercial, a nonprofit or a family shooting preserve pursuant to § 11-1903 of the Environmental Conservation Law; the proposed hours of operation of the preserve; and the proximity of the preserve to existing residences. Notwithstanding the fact that a shooting preserve is a use permitted in the Town's A5A District, subject to the issuance of a special use permit, the Board of Appeals shall retain full discretion to deny a permit application for a shooting preserve if the Board determines that the use does not comply with the standards set forth in this section; does not comply with the general standards for special permit uses contained in § 180-26 of this chapter; or will result in a significant adverse impact on the surrounding neighborhood in terms of increased noise, decreased public safety or diminution in property values which cannot be adequately mitigated by the imposition of special permit conditions.
K.
Special permit conditions. In addition to the authority vested in the Board of Appeals to impose reasonable conditions and restrictions on special use permits as set forth in § 180-26 of this chapter, the Board of Appeals shall impose such conditions and restrictions on the operation of the shooting preserve which, in its discretion, are necessary to mitigate such problems as noise, public safety and diminution of property values. The Board of Appeals shall, as a condition of each special use permit issued for the operation of shooting preserve, require that the Zoning Enforcement Officer, on an annual basis, inspect the shooting preserve operation and report back to the Board with regard to the permit holder's compliance with the provisions of this chapter, any special permit conditions imposed and the requirements of the site plan approved by the Planning Board. Such restrictions and conditions may include, but shall not necessarily be limited to, the following:
(1)
Increased limitations on hours of operation and discharge of firearms.
(2)
Increased setback requirements for shooting preserve activities involving
the discharge of firearms.
(3)
The requirement of vegetative screening, buffering and/or berming
of shooting preserve property.
(4)
Limitations on areas within the preserve property in which firearms
may be discharged.
(5)
Prescribed siting, configuration or orientation of activities involving
discharge of firearms and/or storage of ammunition.
(6)
Requirement that boundaries or a portion of the boundaries of the
preserve property be enclosed in a certain prescribed manner.
(7)
Limitation on the number of shooting preserve users.
(8)
The requirement of additional inspections of the property and operation
by the Zoning Enforcement Officer with reports back to the Zoning
Board of Appeals.
L.
Wholly enclosed parcel of land. For purposes of this section, the
term "wholly enclosed parcel of land" shall mean lands, the boundaries
of which are indicated by wire, ditch, hedge, fence, road, highway
or water or in any visible or distinctive manner which indicates a
separation from the surrounding contiguous territory.
M.
Material to be submitted by applicant. In addition to those materials required by § 180-27 of this chapter to be submitted with any application for a special use permit, an applicant for a shooting preserve special use permit shall submit the following additional materials:
(1)
A declaration as to the nature and extent of the proposed shooting
preserve operation.
(2)
A description of all proposed shooting preserve activities, including
those which involve the discharge of firearms or the provision of
overnight lodging and food to users.
(3)
A copy of the Department of Environmental Conservation shooting preserve
license issued to the applicant pursuant to § 11-1903 of
the Environmental Conservation Law.
(4)
A site plan, drawn at a scale of not less than 50 feet to the inch, prepared by a professional engineer, architect and/or land surveyor licensed to practice in the State of New York and as required by law, showing all of the information set forth in § 180-35C of this chapter and in addition showing the location of any sporting clay courses and activities involving the discharge of firearms.
(5)
Any other information or documentation requested by the Board of
Appeals deemed necessary to assist it in its decision-making process.
A.
Minimum acreage. No special use permit shall be granted for a game
or wildlife preserve unless such preserve is located on a lot or lots
having an area of not less than 150 contiguous acres. For purposes
of this section, portions of a lot divided by a state, county or Town
highway shall not be deemed to be contiguous.
B.
Accessory buildings. The preserve may have one or more accessory
buildings for the storage of equipment.
C.
Harboring of dogs. The harboring of more than three dogs on the preserve
shall be prohibited unless the applicant applies for and receives
a special use permit for the operation of a kennel as may be permitted
by this chapter.
D.
Department of Environmental Conservation permit requirement. No special
use permit shall be issued to an applicant for operation of a game
or wildlife preserve until a permit has been issued to the applicant
by the Department of Environmental Conservation pursuant to Article
11 of the Environmental Conservation Law, if such a permit for preserve
activities is required.
E.
Hunting. Hunting may be conducted on the preserve only in season
in accordance with the provisions of Article 11, §§ 11-0903,
11-0905 and 11-0907, of the Environmental Conservation Law and the
rules and regulations adopted pursuant thereto.
F.
Discretion of Zoning Board of Appeals. It is recognized that the operation of a game or wildlife preserve in a residential neighborhood could have an adverse impact on the surrounding neighborhood. The extent of this impact will necessarily depend on such factors as: the size of the property on which the preserve will be sited; the topography of the preserve property; the natural vegetation, screening and buffering existing on site; the types and numbers of game or wildlife which will be contained within the preserve; the nature and scope of the preserve operation; and the proximity of the preserve to existing residences. Notwithstanding the fact that a game or wildlife preserve is a use permitted in the Town's A5A, R3A, and LC Districts, subject to the issuance of a special use permit, the Zoning Board of Appeals shall retain full discretion to deny a permit application for a game or wildlife preserve if the Board determines that the use does not comply with the standards set forth in this section; does not comply with the general standards for special permit uses contained in § 180-26 of this chapter; or will result in a significant adverse impact on the surrounding neighborhood in terms of increased noise, decreased public safety or diminution in property values which cannot be adequately mitigated by the imposition of special permit conditions.
G.
Special permit conditions. In addition to the authority vested in the Board of Appeals to impose reasonable conditions and restrictions on special use permits as set forth in § 180-26 of this chapter, the Board of Appeals shall impose such conditions and restrictions on the operation of a game or wildlife preserve which, in its discretion, are necessary to mitigate such problems as noise, public safety and diminution of property values. The Board of Appeals shall, as a condition of each special use permit issued for the operation of game or wildlife preserve, require that the Zoning Enforcement Officer, on an annual basis, inspect the game or wildlife preserve operation and report back to the Board with regard to the permit holder's compliance with the provisions of this chapter, any special permit conditions imposed and the requirements of the site plan approved by the Planning Board. Such restrictions and conditions may include, but shall not necessarily be limited to, the following:
(1)
Limitations on hours of operation and discharge of firearms.
(2)
Setback requirements for activities involving the discharge of firearms.
(3)
Requirement of vegetative screening, buffering and berming of the
preserve.
(4)
Limitation on or prohibition of the discharge of firearms in the
preserve.
(5)
Requirement that boundaries or a portion of the boundaries of the
preserve property be enclosed in a certain prescribed manner.
(6)
The requirement of additional inspections of the property and operation
by the Zoning Enforcement Officer with reports back to the Zoning
Board of Appeals.
H.
Wholly enclosed parcel of land. For purposes of this section, the
term "wholly enclosed parcel of land" shall mean lands, the boundaries
of which are indicated by wire, ditch, hedge, fence, road, highway
or water or in any visible or distinctive manner which indicates a
separation from the surrounding contiguous territory.
I.
Material to be submitted by applicant. In addition to those materials required by § 180-27 of this chapter to be submitted with any application for a special use permit, an applicant for a game or wildlife preserve special use permit shall submit the following additional materials:
(1)
A declaration as to the nature and extent of the proposed game or
wildlife preserve.
(2)
A description of all proposed preserve activities, including those
which involve the discharge of firearms.
(3)
A site plan, drawn at a scale of not less than 50 feet to the inch, prepared by a professional engineer, architect and/or land surveyor licensed to practice in the State of New York and as required by law, showing all of the information set forth in § 180-35C of this chapter.
(4)
A copy of the permit issued by the Department of Environmental Conservation
for operation of the preserve if such a permit is required by Article
11 of the Environmental Conservation Law.
(5)
Any other information or documentation requested by the Board of
Appeals deemed necessary to assist it in its decision-making process.
[Added 7-10-1997 by L.L. No. 1-1997]
A roadside farm stand shall be permitted in the A5A, R3A, R1A,
R20,000 and LC Districts as a seasonal accessory use related to an
agricultural activity occurring on either a farm or a nonfarm parcel,
subject to the following regulations:
A.
Such roadside farm stand shall not exceed 400 square feet in total
floor area.
B.
Such roadside farm stand shall be located a minimum of 30 feet from
any street line.
C.
Such roadside farm stand shall be solely for the seasonal display
and sale of agricultural products grown on premises. However, in the
case of a farm stand operated on a farm, agricultural products may
be grown on parcels owned or leased by the farm in conjunction with
the farming operation.
E.
The Zoning Board of Appeals shall have the power to permit a roadside
farm stand exceeding the maximum total floor areas prescribed by this
section and/or increased numbers or sizes of signs for farm stands
operated on a farm, pursuant to an application for an area variance,
provided that the applicant can demonstrate that a farm stand of greater
floor area or that additional or larger signs are necessary to meet
the needs of the existing and/or future farm operation and all other
criteria for the granting of an area variance are met.
G.
A vehicle not exceeding 6,000 pounds net weight may be considered
a permitted roadside farm stand. However, a vehicle or any part thereof
customarily known as an over-the-road tractor/trailer or any containerized
storage unit shall not be permitted.
H.
A roadside farm stand may be permitted year-round in an enclosed
structure, provided that it meets the setback requirements of the
Zoning District and all other requirements of this chapter.
[Added 7-10-1997 by L.L. No. 1-1997]
A farm market shall be a use permitted in the A5A and R3A Districts
as an accessory use related to an agricultural activity occurring
on a farm, subject to the following regulations:
B.
Such farm market must be operated as an accessory use to the principal
use of agricultural production and/or the practice of animal husbandry
on the farm and shall only be for the use of the farmer-applicant.
C.
The farm market structure shall not exceed 1,000 square feet of floor
space and shall consist of a single story. Nothing herein shall preclude
the use of a legally existing agricultural accessory building on a
farm for this use, provided that no more than 1,000 square feet of
floor area is utilized as a farm market.
D.
The farm market shall be located on the same parcel as the farm and
shall comply with all district regulations and supplementary regulations
relating to parking and signs. The farm market may sell products grown
on any number of other parcels, provided that all parcels are part
of a single agricultural operation under the control of the farmer-applicant,
the parcel on which the farm market is located is a conforming lot
and at least 1/2 of the lot is in agricultural production.
E.
At least 2/3 of the total amount of the annual retail sale of agricultural,
horticultural, floricultural, vegetable and fruit products, soil,
livestock and meats, poultry, eggs, dairy products, nuts, honey, wool
and hides and other agricultural or farm products shall be grown,
raised or produced on the farm on which the market is located. Notwithstanding
the aforementioned restrictions, the farm market may sell supporting
farm products and farm products not grown by the farmer-applicant,
provided that said products do not exceed one-third of the total annual
retail sales of the farm market and the products are purchased regionally
(i.e., within a radius of 100 miles). Processed food, where the majority
of the ingredients are grown on the farm, shall not be considered
supporting farm products subject to the one-third annual sales limitation.
Receipts and records of such purchases must be kept by the farmer-applicant.
Supporting farm products include but shall not necessarily be limited
to baked goods, eggs, dairy products, preserves, syrups, herbal vinegars
and salad dressings. Supporting farm products shall not include prepackaged
grocery items or tropical fruits.
F.
The farm market may also sell food prepared on premises for off-site
consumption, utilizing agricultural and farm products sold at the
farm market.
G.
The farm market may also sponsor and conduct farm and harvest festivals on site, provided that the number of festivals conducted by the farm market each year is not greater than four and the festivals are designed to provide agricultural marketing and promotional opportunities for the farm and/or the region's agricultural producers, and further provided that each such festival receives a building permit pursuant to § 180-85 of this chapter. An applicant may be permitted to conduct farm and harvest festivals exceeding four per year pursuant to an area variance issued by the Zoning Board of Appeals, provided that all criteria for the granting of such variance are met.[1]
H.
A farm market may be operated on a year-round basis and may contain
bathrooms and/or an area for food preparation occupying no more than
10% of the gross floor area of the farm market.
I.
The Zoning Board of Appeals shall have the power to permit a structure
or use of space exceeding 1,000 square feet and/or a structure containing
a second story and/or the food preparation area to occupy a greater
percentage of the gross floor area of the market without the requirement
of an application for an area variance, provided that the applicant
can demonstrate that such additional square footage and/or storage
area and/or larger food preparation area are shown to be necessary
to the proposed farm market operation and will not produce an undesirable
change in the character of the neighborhood or a detriment to nearby
properties and will not have an adverse effect or impact on the physical
or environmental conditions of the neighborhood or district.
[Added 7-10-1997 by L.L. No. 1-1997]
A farmers' market is a use permitted in the Highway Business
I, Highway Business II and Boulevard Districts of the Town and shall
mean any building, structure or place on property owned by a municipal
corporation or under lease to or in possession of a public or private
agency used or intended to be used by two or more producers for the
direct sale of farm and fruit products from producers to consumers
and food buyers subject to the following regulations:
A.
A farmers' market shall be permitted only pursuant to a special use permit issued by the Zoning Board of Appeals in conjunction with the provisions of Article VI of this chapter and site plan approval by the Planning Board pursuant to Article VII of this chapter in the Highway Business I, Highway Business II and Boulevard Districts and shall be a permitted use, subject to site plan approval, in each of the Boulevard Districts.
B.
The farmers' market structure shall not exceed 10,000 square feet
of floor space.
C.
The farmers' market shall be located on a parcel of land of at least
two acres and shall comply with all district regulations and supplementary
regulations relating to parking and signage.
D.
The farmers' market may also include facilities for packing, shipping,
first instance processing or storage of farm and food products and
may include equipment used or intended to be used in connection with
such facilities. Such market may also include other business which
reasonably serves the public or makes the market more convenient,
efficient, profitable or successful, including but not limited to
food service, baking and nonfood retailing.
E.
All provisions and definitions contained in Article 22 of the Agriculture
and Markets Law relating to farmers' market shall apply to a farmers'
market in the Town of North East.
[Added 1-26-1998 by L.L. No. 1-1998]
A.
Compliance required.
[Amended 1-7-1999 by L.L. No. 1-1999]
(1)
No communications facility or personal wireless service facility
or tower shall be erected, constructed, placed or installed without
first obtaining a special permit from the Zoning Board of Appeals
and site plan approval from the Planning Board.
(2)
No existing communications or personal wireless facility shall be
modified, moved, reconstructed, expanded, changed or structurally
altered (hereinafter collectively referred to as "modification or
change") except in accordance with the following procedures and requirements:[1]
(a)
Initial application for any facility modification or change shall be made to the Zoning Enforcement Officer ("ZEO") and shall be accompanied by a proposed revised site plan showing the plans, elevations and details of such change and an RF emissions certification (see the definition of "RF emissions certification" in § 180-5).
(b)
If the proposed modification or change involves the upgrade
or replacement of an existing antenna with an antenna in kind, no
further review shall be required, and the ZEO shall issue a building
permit for the proposed modification or change.
(c)
All other proposed modifications or changes to existing facilities shall be immediately forwarded by the ZEO to the Planning Board for amended site plan review and approval in accordance with the provisions of Article VII of this chapter. However, the Planning Board shall process all such applications on an expedited basis and, in so doing, shall have the power to waive any of the submission requirements of Article VII not reasonably necessary for adequate review of the application. After the amended site plan is approved, the application shall be immediately referred back to the ZEO for the issuance of a building permit.
(d)
In the event of an emergency which results in a disruption of
service, a facility may be replaced in kind without prior issuance
of a building permit, provided that application for a building permit
be made as soon as practicable to the ZEO.
(3)
No existing communications or personal wireless tower shall be modified,
moved, reconstructed, expanded, changed or structurally altered (hereinafter
collectively referred to as "modification or change") except in accordance
with the following procedures and requirements:
(a)
Initial application for modification or change to an existing
tower shall be made to the ZEO and shall be accompanied by a proposed
revised site plan showing the plans, elevations and details of such
modification or change.
(b)
If the proposed modification or change involves structural reinforcement
of the tower that does not affect the height of the tower, the ZEO
shall issue a building permit for the modification or change, provided
that the structure as modified or changed complies with applicable
building codes, rules and regulations.[2]
(c)
All other proposed modifications or changes to existing towers shall be immediately forwarded by the ZEO to the Planning Board for amended site plan review and approval in accordance with the provisions of Article VII of this chapter. However, the Planning Board shall process all such applications on an expedited basis and, in so doing, shall have the power to waive any of the submission requirements of Article VII not reasonably necessary for the adequate review of the application.
B.
Application requirements. In addition to all documentation and submissions required by Article VI, § 180-27A, the application shall include the following:
[Amended 1-7-1999 by L.L. No. 1-1999]
(1)
The legal name, address, principal place of business and telephone
number of the applicant. If the applicant is not a natural person,
it shall also identify the state in which it was created or organized,
and the date of creation or organization.
(2)
If the applicant is not the owner of the property on which the proposed
facility or tower is to be located:
(a)
The name, address and telephone number of the property owner
to apply for the permit.
(b)
A copy of the applicant's lease or other agreement with the
owner of the property for the applicant's use of the same. The applicant
may redact portions of the agreement which are commercially sensitive
or confidential in nature and which do not reasonably relate to the
criteria or standards for special permit approval. However, the applicant
shall provide proper certification of the entire cost of the project,
including all property acquisition costs, to enable the lead agency
to determine the appropriate amount of SEQRA review fees to be charged
to the applicant.
(c)
Written consent of the property owner to the application for
the special permit and to the imposition of reasonable conditions
by the ZBA on any approval regarding use of the property, such as
collocation and removal of the facility or tower when no longer in
use.
(3)
Copies of all submittals relating to the proposed facility and/or
tower pertaining to: FCC licensing; environmental impact statements;
environmental assessments and findings, if any, prepared pursuant
to the National Environmental Policy Act of 1969; FCC Form 854; FAA
Form 7460-1 (Notice of Proposed Construction or Alteration); aeronautical
studies; and all data, assumptions and calculations relating to service
coverage and power levels regardless of whether categorical exemption
from routine environmental evaluation under the FCC rules is claimed.
(4)
If applicable, copies of existing FCC licenses for the proposed uses.
(5)
Site plans and engineering plans, prepared, stamped and signed by
a professional engineer licensed to practice in New York specializing
in electrical engineering with expertise in radio communication facilities,
and, if a monopole or tower is proposed, also specializing in structural
engineering, containing the following information:
(a)
For applications involving new tower construction or major modification
of an existing tower:
[1]
A written, irrevocable commitment valid for the duration of
the existence of the tower to rent or lease available space for collocation
on the tower, to the extent structurally and electromagnetically able,
at fair-market prices and terms, without discrimination to other personal
wireless and/or other communications service providers.
[2]
If applicable, a copy of the applicant's existing lease or contract
with the personal wireless service provider(s).
[3]
The following plans and maps:
[a]
Location map. Copy of the portion of the most recent
United States Geological Survey (USGS) Quadrangle Map, 7.5 Minute
Series, at a scale of 1:24,000 or 1:25,000, and showing the area within
at least two miles from the proposed tower site. Indicate the tower
location and the exact latitude and longitude (degrees, minutes and
seconds).
[c]
Existing conditions plan. A map showing existing
utilities, property lines, existing buildings or structures, stone
walls or fence lines and wooded areas within a two-hundred-foot radius
from the base of the proposed tower and showing the boundaries of
any wetlands, floodplains or watercourses within 200 feet of the tower
or any related facilities or accessways or appurtenances.
[d]
Proposed tower location and any appurtenances,
including supports and guy wires, if any, and any accessory building.
Indicate facility site boundaries and setback distances to the base(s)
of the tower and to the nearest corners of each of the appurtenant
structures.
[e]
Indicate proposed spot elevations at the base of
the proposed tower and at the base of any guy wires, and the corners
of all appurtenant structures.
[f]
Proposed utilities, including distance from source
of power, sizes of service available and required, locations of any
proposed utility or communication lines, and whether underground or
aboveground.
[g]
Limits of areas where vegetation is to be cleared
or altered, and justification for any such clearing or alterations.
[h]
Any direct or indirect wetlands alteration proposed.
[i]
Detailed plans for drainage of surface and/or subsurface
water; plans to control erosion and sedimentation both during construction
and as a permanent measure.
[j]
Plans indicating locations and specifics of proposed
screening, landscaping, ground cover, fencing, any exterior lighting
or signs.
[k]
Preliminary plans of proposed access driveway or
roadway and parking area at the tower site, including proposed grading
and traveled width and depth of gravel paving or surface materials.
[4]
Details of the proposed tower and appurtenances including:
[a]
Plans, elevations, sections and details at appropriate
scales but no smaller than one inch equals 10 feet.
[b]
Two cross sections through the proposed tower drawn
at right angles to each other and showing the ground profile to at
least 100 feet beyond the limit of clearing, and showing any guy wires
or supports. Dimension the proposed height of the tower above average
grade at tower base. All proposed antennas, including their location
on the tower, must be shown.
[c]
Preliminary plans for proposed tower foundation
and ground attachments, such as wire anchors.
[d]
Details of the proposed exterior finish of the
tower.
[e]
Indicate the relative height of the tower to the
tops of surrounding trees as they presently exist, and the height
to which they are expected to grow in 10 years.
[f]
Illustration of the modular structure of the proposed
tower indicating the heights of sections which could be removed or
added in the future to adapt to changing communications conditions
or demands or to accommodate collocation.
[g]
A structural professional engineer's written description
of the proposed tower structure and its capacity to support additional
antennas or other communications facilities at different heights,
and the ability of the tower to be shortened if future communications
facilities no longer require the original height, and that the tower
is designed to withstand winds in accordance with the ANSI/E1A/T1A
222 standards (latest revision).
[h]
In the event that the applicant proposes the erection
of a particular make or model tower, the make, model number and photograph
of the tower proposed to be erected shall be provided. In addition,
the applicant shall provide the manufacturer's recommendations, if
any, with regard to such matters as wind loading, falldown potential
and setback requirements for the tower.
[5]
Details of proposed communications equipment shelter and other
accessory structures:
[6]
Sight lines:
[a]
View lines reasonably requested by the ZBA in a
zero- to two-mile radius from the site, shown beginning at true North
and continuing clockwise at intervals of 45°.
[b]
A plan map of a circle within a two-mile radius
of the facility site on which visibility of the proposed tower from
public ways reasonably specified by the Zoning Board shall be indicated.
[c]
Profile drawings on a horizontal scale of one inch
equals 400 feet with a vertical scale of one inch equals 40 feet.
Trees shall be shown at existing heights and at projected heights
in 10 years.
[7]
A plan showing the exact location of each antenna or other broadcast
or receiving facility on the existing tower.
[8]
If required by the Zoning Board, the applicant shall arrange
to fly or raise upon a temporary mast a three-foot-diameter brightly
colored balloon at the maximum height of the proposed tower during
daylight hours at times and durations reasonably determined by the
Zoning Board. Reasonable advance notice of the test shall be advertised
by the applicant in the Town's official newspaper with due regard
to the fact that weather conditions may dictate the actual date of
the conduct of the test.
(b)
For applications involving a new personal wireless service facility
or modification of an existing facility, the submission must also
include the following:
[1]
The applicant must submit:
[a]
Documentation, from a professional engineer licensed
in the State of New York and with an expertise in telecommunications
and radio frequency engineering, showing that the tower and/or facility
is needed to provide adequate coverage to an area within the applicant's
licensed service area that currently has inadequate coverage, including
a scaled graphical depiction of the inadequate coverage area.
[b]
An RF emissions certification.
[2]
A location map at a scale of one inch equals 1,000 feet showing
the entire property on which the facility will be located and all
easements and streets and existing structures within 200 feet of the
facility site. The location shall include the names of the owners
of record for all parcels within 200 feet of the property on which
the facility is located.
[3]
Proposed facility plan. A recent survey of the facility site
at a scale of one inch equals 50 feet showing:
[a]
Horizontal and radial distances of antenna(s) to
the nearest point on the facility site line.
[b]
Horizontal and radial distances of antenna(s) to
the nearest inhabited or occupied buildings or structures.
[c]
Proposed utilities, including the distance from
the source of power, sizes of service available and required, locations
of any proposed utility or communication lines, and whether underground
or aboveground.
[d]
Changes to be made to the existing facility's landscaping,
screening, fencing, lighting, drainage, wetlands, grading, driveways
or roadways, parking or other infrastructure as a result of proposed
modification to an existing facility.
[4]
Proposed communications equipment shelter and other accessory
structures.
[5]
Proposed equipment plan:
[a]
Plans, elevations, sections and details at appropriate
scales but no smaller than one inch equals 10 feet.
[b]
The number of antennas and repeaters (if any) and
the exact location of this equipment located on a map.
[c]
Mounting locations on the tower or structure, including
height aboveground.
[d]
Antenna(s) type, manufacturer and model number
for each antenna.
[e]
For each antenna, the antenna gain and radiation
pattern.
[f]
The number of channels per antenna, projected and
maximum.
[g]
The power input to each antenna.
[h]
The power output (ERP), in normal use and at maximum
output, for each antenna and all antennas as an aggregate.
[i]
The output frequency of the transmitter(s).
(c)
For applications involving tower construction or modification
to accommodate a personal wireless service facility:
[1]
The applicant shall provide a listing of all existing and planned
(if known) personal wireless service facility sites and all existing
antenna sites within the Town of North East and within a seven-mile
radius of the proposed tower site. The list shall include site elevation,
tower height, type of service, antenna type(s), orientation, center
of radiation and ERP for each site, where such information is known
or available.
[2]
The applicant shall provide written documentation of any facility
sites in North East, and within a seven-mile radius of the proposed
site, in which it has a legal or equitable interest, whether by ownership,
leasehold or otherwise. For each such facility site, it shall demonstrate
with written documentation that the facility site is not already providing,
or does not have the potential by adjusting the site to provide, adequate
coverage and/or adequate capacity to the Town of North East. The documentation
shall include, for each facility site listed, the exact location (in
longitude and latitude, to degrees, minutes and seconds), ground elevation,
height of antennas on tower or structure, output frequency, number
of channels, power input and maximum power output per channel. Potential
adjustments to these existing facility sites, including changes in
antenna type, orientation, gain, height or power output, shall be
specified. Radial plots from each of these facility sites as they
exist, and with adjustments as above, shall be provided as part of
the application, where such information is known or available.
[3]
The applicant shall demonstrate with written documentation that
it has examined all facility sites towers or structures located in
North East and within a seven-mile radius of the proposed site in
which the applicant has no legal or equitable interest to determine
whether those existing facility sites can be used to provide adequate
coverage and/or adequate capacity to the Town of North East. The documentation
shall include, for each facility site examined, the exact location
(in longitude and latitude to degrees, minutes and seconds), ground
elevation, height of tower or structure, type of antennas proposed,
proposed antenna gain, height of proposed antennas on tower or structure,
proposed output frequency, proposed number of channels, proposed power
input and proposed maximum power output per channel. Radial plots
from each of these facility sites, as proposed, shall be provided
as part of the application, where such information is known or available.
[4]
The applicant shall demonstrate with written documentation that it has analyzed the feasibility of repeaters or non-tower-mounted PWSFs in conjunction with all sites listed in compliance with Subsections B(5)(c)[1], [2] and [3] to provide adequate coverage and/or adequate capacity to the Town of North East. Radial plots indicating such consideration shall be provided as part of the application.
[5]
The applicant shall describe in detail all other personal wireless
service facilities and/or towers which it anticipates it will require
in the future within the Town of North East to provide adequate coverage
to this area.
(d)
Completed Part I of the long form environmental assessment form
(EAF) and completed visual EAF addendum.
(e)
The Zoning Board shall have the power to modify or waive any
of these application requirements, or general requirements, where
the application is for installation of a repeater only or if it determines
that the requirement is not applicable to, or necessary for, the complete
review and evaluation of the particular project, or is unduly burdensome
to the applicant, and that the waiver of such requirement will not
pose a risk to the public health or safety. The Zoning Board may also
require such additional documentation or information as it determines
may be reasonably necessary for complete review and evaluation of
the application.
C.
General requirements.
(1)
Communications and personal wireless facilities and towers may only
be located on lots having a minimum of five acres. This limitation
shall not apply to repeaters and non-tower-mounted PWSF's. However,
the Zoning Board shall have the power to waive the five-acre requirement
if the applicant demonstrates that the proposal meets all setback
and other requirements of the Code and will not adversely affect the
health, safety and welfare of the neighboring community.
[Amended 1-7-1999 by L.L. No. 1-1999]
(2)
No more than one communications or personal wireless tower shall
be located on a single lot.
(3)
New towers shall be set back at least two times the height of the
tower from all boundaries of the facility site on which the tower
is located.
[Amended 1-7-1999 by L.L. No. 1-1999]
(4)
If the facility or tower site is in a wooded area, a vegetated buffer
strip of undisturbed trees shall be retained for at least 50 feet
in width around the entire perimeter of the facility site, except
where the access drive is located.
[Amended 1-7-1999 by L.L. No. 1-1999]
(5)
Fencing and signs. The area around the tower and communication equipment
shelter(s) and other accessory structures shall be completely fenced
for security to a height of six feet and gated. A sign of no greater
than two square feet indicating the name of the facility owner(s)
and a twenty-four-hour emergency telephone number shall be posted
adjacent to the entry gate. In addition, "no trespassing" or other
warning signs may be posted on the fence.
[Amended 1-7-1999 by L.L. No. 1-1999]
(6)
Communication equipment shelters and accessory buildings shall be
designed to be architecturally similar and compatible with each other
and shall be a single story. The buildings shall be used only for
the housing of equipment related to the particular site. Whenever
possible, the buildings shall be joined or clustered so as to appear
as one building.
[Amended 1-7-1999 by L.L. No. 1-1999]
(7)
New towers, including masts, antenna and other accessory facilities,
shall not exceed the minimum height necessary to provide adequate
coverage for any personal wireless service facilities proposed for
use on the tower, but in no event shall they be constructed to a height
greater than 199 feet above the ground on which the tower is to be
located.
(8)
Tower finish. New tower(s) shall have a galvanized finish unless
otherwise required. The Zoning Board may require the tower to be painted
or otherwise camouflaged to minimize the adverse visual impact.
(9)
Monopole and other less obtrusive tower designs shall be encouraged.
However, where practicable, towers should be designed and constructed
in a manner which will accommodate future sharing.
(10)
The use of repeaters and/or non-tower-mounted PWSF's to assure adequate coverage for personal wireless service, or to fill holes within areas of otherwise adequate coverage, while minimizing the number of required towers, is permitted and encouraged. An applicant who has received a special permit for a personal wireless facility, with at least 30 days' written notice to the Code Enforcement Officer and Zoning Board of Appeals, may install one or more additional repeaters on an existing structure without the necessity for special permit application, but such installation shall be subject to site plan review and approval by the Planning Board. Notwithstanding the provisions of Article V of the Town Code, a repeater is a use for which the Zoning Board may issue a special permit, subject to site plan review, in the Medium Density Residential (R20,000); Highway Business I (HB-I); Highway Business II (HB-II); Highway Business III (HB-III); Industrial (M); Light Industrial (M-A); and Boulevard Districts.
(12)
Unless required by the Federal Aviation Administration, no night
lighting of towers or the personal wireless service or communication
facility is permitted, except for manually operated emergency lights
for use only when operating personnel are on site. This prohibition
shall not apply to lighting requirements imposed on existing towers
or facilities by amendments to the statutes, rules or regulations
of the Federal Aviation Administration enacted subsequent to the approval
of those towers or facilities.
[Amended 1-7-1999 by L.L. No. 1-1999]
(13)
No tower or personal wireless service or communications facility
that would be classified as an obstruction hazard to air navigation,
as defined by the Federal Aviation Regulations (Title 14 CFR), is
permitted.
(14)
No tower shall be located:
[Amended 1-7-1999 by L.L. No. 1-1999]
(a)
Closer than 750 feet, on a horizontal plane, to any structure
existing at the time of application which is, or is able to be occupied
or habitable on the property of any school (both public and private).
(b)
Closer than 750 feet, on a horizontal plane, to an existing
dwelling unit or day-care center, hospital, nursing home, church,
synagogue or other place of worship.
(c)
Closer than 300 feet, on a horizontal plane, to the nearest
property line or 500 feet to the nearest habitable structure.
(d)
Closer than twice its height, on a horizontal plane, to a power
line.
(e)
Within any of the following prohibited areas:
[1]
Wetland regulated by the Department of Environmental Conservation
(DEC) or federally regulated.
[2]
The habitat of any state-listed rare or endangered wildlife
or rare plant species.
[3]
Within 100 feet horizontally of the boundary of any wetland
regulated by New York or the DEC.
[4]
Within 100 feet horizontally of the edge of any watercourse
and/or water body.
[5]
Within 500 feet horizontally of any historic district or property
listed on the State or Federal Register of Historic Places.
[6]
Within 500 feet horizontally of any known archaeological site.
D.
Standards for siting.
(1)
Visual/aesthetic. Towers shall, when possible, be sited off ridge
lines, and where their visual impact is least detrimental to significant
scenic areas.
(2)
The use of sites distant from residential properties, and where visual
impact can be minimized, shall be encouraged.
(3)
Shared use of communications and personal wireless service facilities
shall be strongly encouraged.
(4)
Communications and personal wireless service towers and facilities
shall be located so as to provide adequate coverage and adequate capacity
with the least number of towers and antennas which are technically
and economically feasible.
E.
Approval criteria. In addition to meeting all approval criteria for
special permits, no special permit for a communication or personal
wireless service tower or facility shall be granted unless it has
been demonstrated:
(1)
That the applicant is not already providing adequate coverage and/or
adequate capacity to the Town of North East.
(2)
That the applicant is not able to use existing communications facility
or PWSF sites, either with or without the use of repeaters, to provide
adequate coverage and/or adequate capacity to the Town of North East
due to:
(a)
The absence of existing towers or facilities in the area requiring
service;
(b)
An inability to use existing sites in a technologically feasible
manner consistent with the personal wireless service provider's system
requirements;
(c)
Structural or other engineering limitations such as frequency
incompatibilities; or
(d)
An inability to secure permission of the owner(s) of the existing
site(s) and/or antenna(s) facility at fair market cost to allow collocation.
(3)
That the proposed facility is the minimum height and aesthetic intrusion
necessary to provide adequate coverage to the Town of North East.
(4)
That the applicant has agreed to rent or lease available space on
the tower, under the terms of a fair-market lease, without discrimination
to other personal wireless service providers.
(5)
That the proposed personal wireless service facility or tower will
not have an undue adverse impact on historic resources, scenic views,
residential property values and/or natural or man-made resources.
(6)
That the applicant has agreed to implement all reasonable measures
to mitigate the potential adverse impacts of the tower and/or facility.
(7)
That the proposal shall strictly comply with FCC regulations regarding
emissions of electromagnetic radiation and that the required monitoring
program is in place, and paid for by the applicant.
F.
Consultant fees. The Zoning Board may, in its discretion, retain the services of independent consultants of its own choosing to assist in the review and determination of the application. All costs to the Town for these consultants shall be reimbursed to the Town by the applicant as set forth in Chapter 92, Article I, Reimbursement of Professional Fees. These costs shall be charged to the applicant in accordance with a schedule of fees adopted by the Town Board, which schedule shall contain a reasonable limitation on the total amount of fees which can be charged to the applicant. The Zoning Board may require the applicant to fund an account which the Town may draw on to ensure reimbursement of those fees.
[Amended 1-7-1999 by L.L. No. 1-1999[5]]
G.
Decision. Any decision of the Zoning Board to grant or deny an application
shall be in writing and supported by substantial evidence on the record.
H.
Inspection of facilities.
[Amended 1-7-1999 by L.L. No. 1-1999]
(1)
Structural inspection. Tower owner(s) shall conduct inspections of
the tower's structural integrity and safety by an independent licensed
professional structural engineer. Guyed towers shall be inspected
every three years. Monopoles and non-guyed lattice towers shall be
inspected every five years. A report of the inspection results shall
be certified and submitted to the Town Board and the Zoning Enforcement
Officer. Any major modification of an existing facility which includes
changes to tower dimensions or antenna numbers or type shall require
a new structural inspection.
(2)
Unsafe structures. Should the inspection of any tower reveal any
structural defect(s) which, in the opinion of the inspecting engineer,
render(s) that tower unsafe, the following actions must be taken.
Within 10 business days of notification of unsafe structure, the owner(s)
of the tower shall submit a plan to remediate the structural defect(s).
This plan shall be initiated within 10 business days of the submission
of the remediation plan, and completed within 10 business days after
commencement. Failure to accomplish this remediation of structural
defect(s) within 10 business days shall be a violation of the special
use permit and shall be grounds for revocation of the special permit
by the Planning Board, after public hearing, and subject the facility
owner and/or operator to other enforcement and penalty provisions
provided in the Town Code.
I.
Removal requirements. Any personal wireless service facility which
ceases to operate for a period of one year shall be removed. "Cease
to operate" is defined as not performing the normal functions associated
with the personal wireless service facility and its equipment on a
continuous and ongoing basis. The facility site shall be remediated
by removal of all personal wireless service facility improvements
which have ceased to operate. If the full height of the tower is not
required for the operation of the remaining service(s), and if technically
feasible, depending on the construction of the tower, the tower shall
be reduced in height accordingly. If all facilities on a tower have
ceased to operate, the tower shall also be removed, and the site shall
be revegetated. Existing trees shall only be removed if necessary
to complete the required removal. The foundations of buildings and
structures shall not necessarily be required to be removed. The applicant,
upon obtaining a permit, shall provide financial surety in an amount
set by the Town Board, and in a form approved by the Town Attorney,
to cover the cost of removal of the personal wireless service facility
and the remediation of the landscape, should the facility cease to
operate.
[Amended 1-7-1999 by L.L. No. 1-1999]
J.
Fees and insurance. Towers and personal wireless service facilities
shall be insured by the owner(s) of towers and/or personal wireless
service facilities against damage to persons or property. The owner(s)
of towers and/or personal wireless service facilities shall provide
a certificate of insurance to the Town Clerk on an annual basis.
[Amended 1-7-1999 by L.L. No. 1-1999]
[Added 10-9-2003 by L.L. No. 3-2003]
A.
The maximum gross floor area of a convenience store shall be 3,000
square feet.
B.
The number of fuel-dispensing nozzles shall be restricted to a maximum
of 24, and the number of pump dispensers (which may have service on
both sides) shall be limited to a maximum of four.
C.
Adequate parking shall be made available on site for customers making
purchases at the store but not buying gasoline. The parking area shall
be located in a manner that does not interfere with the safe entry
and exit of vehicles purchasing gasoline.
D.
An enclosed or fenced area trash dumpster for disposal of stock packings
removed by store employees and trash receptacles for customer use
on the premises shall be supplied.
E.
There shall be no outdoor displays of merchandise.
F.
All vending machines shall be located within the building.
G.
All rooftop heating/ventilation/air-conditioning or refrigeration
units shall be directed away from adjacent residential properties.
H.
All standards contained in § 180-52 of this Code relating to motor vehicle service stations shall be adhered to, where applicable.
I.
In the site plan approval process, the Planning Board shall apply
the following design principles to the facility:
[Added 6-12-2014 by L.L.
No. 1-2014]
A.
Manure may be stored on a property within the A5A and R3A Districts only as an accessory use to the principal use of that property as that term is defined in § 180-5 of this chapter.
B.
The storage of manure, whether for purposes of composting or for staging for subsequent removal from the property or application to crop fields, shall be deemed to be a normal and customary accessory use to a farm, as that term is defined in § 180-5 of this chapter.
C.
Manure
shall not be stored for composting or staging for subsequent removal
or crop field application or for any other purpose within 100 feet
of the center line of any public road or highway. This prohibition
shall not, however, apply to a farm or farm operation if stored within
a closed container or other structure designed to store and/or compost
manure in a location which does not encroach on the road or highway
right-of-way and shoulders.
D.
Manure
stored 100 feet or more from the center line of any public road or
highway need not be stored in a closed container or other structure
designed to store and/or compost manure.
[Added 10-11-2018 by L.L.
No. 3-2018]
A.
Solar energy is a renewable and nonpolluting energy resource that
can prevent fossil fuel emissions and reduce a municipality's
energy load. Energy generated from solar energy systems can be used
to offset energy demand on the grid where excess solar power is generated.
The use of solar energy equipment for the purpose of providing electricity
and energy for heating and/or cooling is both a necessary and priority
component of the Town of North East's current and long-term sustainability
agenda. It is also part of North East's commitment to be a "climate
smart" community. Because it is in the public interest to provide
for and encourage renewable energy systems and a sustainable quality
of life, the purpose of this section is to facilitate the development
and operation of renewable energy systems based on sunlight while
minimizing adverse impacts on neighboring properties so as to protect
the public health, safety and welfare.
B.
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM
COLLECTIVE SOLAR INSTALLATION
FLUSH-MOUNTED SOLAR PANEL
FREESTANDING OR GROUND-MOUNTED SOLAR ENERGY SYSTEM
GLARE
HISTORIC DISTRICT
NET METERING
PERMIT GRANTING AUTHORITY
PHOTOVOLTAIC (PV) SYSTEM
QUALIFIED SOLAR INSTALLER
ROOFTOP OR BUILDING-MOUNTED SOLAR ENERGY SYSTEM
SETBACK
SOLAR ACCESS
SOLAR CARPORT
SOLAR COLLECTOR
SOLAR ENERGY SYSTEM
SOLAR ENERGY SYSTEM BUILDING PERMIT
SOLAR FARM
SOLAR MODULE SURFACE AREA
SOLAR PANEL
SOLAR STORAGE BATTERY
SOLAR THERMAL SYSTEM
Definitions. As used in this section, the following terms shall have the meanings indicated, unless the context or subject matter otherwise requires. The definitions set forth in § 180-5 of this chapter shall also apply where appropriate.
A solar energy system that consists of integrating photovoltaic
modules into the building envelope system, such as vertical facades
including glass and other materials, semitransparent skylight systems,
roofing materials, and shading over windows.
A solar energy system owned collectively through subdivision
homeowners' associations, condominium associations, a group of
individual property owners or other similar collective arrangements.
A photovoltaic panel or tile that is installed flush to the
surface of a roof and which cannot be angled or raised.
A solar energy system that is directly installed in the ground
and is not attached or affixed to an existing structure. Pole-mounted
solar energy systems shall be considered freestanding or ground-mounted
solar energy systems for purposes of this chapter.
The effects by reflections of light with intensity sufficient
to cause annoyance, discomfort or loss in visual performance and visibility
in any material respects.
A group of buildings, properties, or sites that have been
designated by the United States of America, New York State, the Town
of North East or the Village of Millerton as historically or architecturally
significant.
A billing arrangement that allows solar customers to get
credit for excess electricity that they generate and deliver back
to the public utility grid so that they only pay for their net electricity
usage at the end of the month or year.
The Town's Code Enforcement Officer (as described in § 180-83 of this chapter), who is charged with granting permits for the operation of solar energy systems.
A solar energy system that produces electricity by the use
of semiconductor devices, called "photovoltaic cells," that generate
electricity whenever light strikes them.
A person who has skills and knowledge related to the construction
and operation of solar electrical equipment and installations and
has received safety training on the hazards involved. Persons who
are on the list of eligible photovoltaic installers maintained by
the New York State Energy Research and Development Authority ("NYSERDA"),
or who are certified as a solar installer by the North American Board
of Certified Energy Practitioners ("NABCEP"), shall be deemed to be
qualified solar installers for the purposes of this definition. Persons
who are not on NYSERDA's list of eligible installers or NABCEP's
list of certified installers may be deemed to be qualified solar installers
if the Town's permit granting authority or such other Town officer
or employee as the Town Board designates determines such persons have
had adequate training to determine the degree and extent of the hazard
and the personal protective equipment and job planning necessary to
perform the installation safely. Such training shall include the proper
use of special precautionary techniques and personal protective equipment,
as well as the skills and techniques necessary to distinguish exposed
parts from other parts of electrical equipment and to determine the
nominal voltage of exposed live parts.
A solar energy system in which solar panels are mounted on
top of the structure of a roof of any legally permitted building either
as flush-mounted solar panels or as panels fixed to frames which can
be tilted toward the south at an optimal angle.
The required minimum distance from a front lot line, side
lot line or rear lot line of a parcel within which a freestanding
or ground-mounted solar energy system is installed.
Space open to the sun and clear of overhangs or shade, including
the orientation of streets and lots to the sun so as to permit the
use of active and/or passive solar energy systems on individual properties.
A solar photovoltaic cell, panel or array, together with
any related equipment as defined in "solar energy system," located
over an existing or proposed parking facility.
A solar photovoltaic cell, panel or array, or solar hot air
or water collector device, which relies upon solar radiation as an
energy source for the generation of electricity or transfer of stored
heat.
Solar collectors, controls, energy storage devices, heat
pumps, heat exchangers, and other materials, hardware or equipment
necessary to the process by which solar radiation is collected, converted
into another form of energy, stored, protected from unnecessary dissipation
and distributed. Solar energy systems include solar thermal and photovoltaic
applications. For the purposes of this section, a solar energy system
does not include any system with a solar collector of four square
feet or less in surface area.
A building permit in the form approved by the Town Board
for the construction of a solar energy system.
An energy generation facility or area of land principally
used to convert solar energy to electricity, whether by photovoltaics,
concentrating solar thermal devices or various experimental solar
technologies, with the primary purpose of wholesale or retail sales
of electricity. It may also be referred to as a "solar power plant."
The aggregate square footage of all solar panels which are
part of a solar energy system installation, based upon the outer dimension
length times width of each of the modules.
A photovoltaic device capable of collecting and directly
converting solar energy into electricity. It may also be referred
to as a "solar module."
A device that stores energy from the sun and makes it available
in an electrical form.
A solar energy system that directly heats water or other
liquid using sunlight. The heated liquid is used for such purposes
as space heating and cooling, domestic hot water or heating pool water.
C.
Applicability.
(1)
The requirements of this section shall apply to all solar energy
systems and equipment installations modified or installed after the
effective date of this section.
(2)
Solar energy systems for which a valid building permit has been
issued or, if no building permit is presently required, for which
installation has commenced before the effective date of this section
shall not be required to meet the requirements of this section.
(3)
Modifications to an existing solar energy system that increase
the solar energy system area by more than 25% of the original area
of the solar energy system (exclusive of moving any fencing) shall
be subject to this section.
(4)
All solar energy systems shall be designed, erected and installed
in accordance with all applicable codes, regulations and industry
standards as referenced in the New York State Uniform Fire Prevention
and Building Code (the "Building Code"), the New York State Energy
Conservation Construction Code (the "Energy Code") and the Town Code,
as well as may be required by Public Service Commission regulations.
(5)
No solar energy system shall be permitted to be installed if
it is determined by the Code Enforcement Officer that such system
presents an unreasonable safety risk because of weight load, wind
resistance, ingress or egress in the event of fire or other emergency,
or any other reason.
(6)
In order to make this assessment, the Code Enforcement Officer
may require certification from a New York State licensed professional
engineer that the system design conforms with applicable codes, regulations
and industry standards and that the system has been properly installed
and anchored to prevent flotation, collapse or lateral movement.
(7)
All solar energy systems and related equipment shall be surfaced,
designed and sited so as not to reflect glare onto adjacent properties
or roadways, and all solar panels shall have anti-reflective coatings.
(8)
Solar energy systems, unless part of a solar farm or solar power
plant, shall be permitted only to provide power for the reasonably
projected on-site consumption use by owners, lessees, tenants, residents,
or other occupants of the property on which they are erected, but
nothing contained in this provision shall be construed to prohibit
collective solar installations or the sale of excess power through
a net metering arrangement in accordance with New York Public Service
Law § 66-j or similar state or federal statute.
(9)
All solar energy systems shall be subject to the lot coverage
requirements of this chapter. The lot coverage of a solar energy system
shall include:
(a)
Foundation systems, typically consisting of driven piles or
monopoles or helical screws with or without small concrete collars;
(b)
All mechanical equipment of the solar energy system, including
any pad-mounted structure for batteries, switchboard, transformers
or storage cells;
(c)
Paved access roads servicing the solar energy system; and
(d)
The total surface area of a regular geometric form enveloping
the freestanding or ground-mounted solar energy system.
(10)
No solar carport on a residential parcel shall be larger than
an area sufficient to cover two motor vehicles.
D.
Permitting and approval requirements.
(1)
All solar energy systems shall require the issuance of a solar
energy system building permit.
(2)
Rooftop or building-mounted solar energy systems that generate
electricity primarily for use on site shall be permitted as an accessory
use in all zoning districts.
(3)
Building-integrated photovoltaic systems are permitted as an
accessory use in all zoning districts, provided they are shown on
the plans submitted for the building permit application for the building
containing the system approved by the Town's Code Enforcement
Officer.
(4)
Rooftop or building-mounted solar energy systems which are to
be located in any historic district shall, in addition to a solar
energy system building permit, require the issuance of a special use
permit from the Zoning Board of Appeals ("ZBA").
(5)
Freestanding or ground-mounted solar energy systems, including
solar carports, that generate electricity primarily for use on site
shall be permitted in all zoning districts, subject to the issuance
of a solar energy system building permit and issuance of a special
use permit by the ZBA.
(6)
Solar thermal systems that generate hot water or electricity
primarily for use on site shall be permitted in all zoning districts
and shall only require a special use permit if ground-mounted.
(7)
In addition to any other requirements for issuance of a special
use permit set forth in this chapter, the applicant shall submit the
following information in connection with the application for a special
use permit; provided, however, that the information required in Subsection
D(1)(a) shall not be required for rooftop or building-mounted solar
energy systems, building-integrated photovoltaic systems or solar
carports:
(a)
A soil map of the parcel on which the solar energy system is
to be located, prepared by the Dutchess County Soil and Water Conservation
District, showing any federal or state wetlands, streams or other
bodies of water, prime agricultural land, slope and 100-year and 150-year
floodplains.
(b)
Blueprints, signed by a professional engineer or registered
architect, of the solar energy system, showing the layout of the system.
(c)
Equipment specification sheets for all photovoltaic panels,
significant components, mounting systems and inverters to be installed.
(d)
A description of any clearing of trees incident to construction
of the system.
(e)
All information required by the solar energy system building
permit.
(g)
Any other information or documentation which the Zoning Board
deems necessary for adequate review of the application.
(h)
Review by the ZBA shall, in addition to the other requirements
for issuance of a special use permit, include consideration of the
requirements of this section and the visual impact of the proposed
solar installation, including on scenic and historic resources, and
any related mitigation that may be deemed reasonably undertaken. The
ZBA may require an applicant to submit a viewshed analysis meeting
the requirements set forth in the New York State Department of Environmental
Conservation's SEQRA publication entitled "Assessing and Mitigating
Visual Impacts," http://www.dec.ny.gov/documents/permits_ej_operations_pdf/visual_2000.pdf.,
or other generally accepted viewshed analysis.
(i)
The ZBA and the Planning Board are encouraged to condition their
approval of proposed developments on sites adjacent to solar energy
systems so as to protect their access to sufficient sunlight to remain
economically viable over time.
E.
Additional requirements for rooftop and building-mounted solar energy
systems.
(1)
Rooftop installations shall incorporate, when feasible, the
following design requirements:
(a)
Solar panels on pitched roofs shall be mounted with a maximum
distance of eight inches between the roof surface and the highest
edge of the system.
(b)
Solar panels on pitched roofs shall be installed parallel to
the roof surface on which they are mounted or attached.
(c)
Solar panels on pitched roofs shall not extend higher than the
highest point of the roof surface on which they are mounted or attached.
(d)
Solar panels on flat roofs shall not extend above the top of
the surrounding parapet, or more than 24 inches above the flat surface
of the roof, whichever is higher.
(2)
Rooftop and building-mounted solar energy systems shall not
exceed the maximum height limitations for the zoning district within
which they are located.
(3)
All such installations shall comply with the New York State
Code to ensure firefighter and other emergency responder safety and
access.
F.
Additional requirements for freestanding and ground-mounted solar
energy systems.
(1)
In all zoning districts, a lot must have a minimum area of one
acre in order for a freestanding or ground-mounted solar energy system
to be permitted.
(2)
The location of a ground-mounted or freestanding solar collector
shall comply with the applicable setback requirements set forth in
this chapter for the applicable district.
(3)
No freestanding or ground-mounted solar energy system shall
be permitted in either a required front yard as set forth for the
zoning district within which the system is proposed or between the
principal building on the lot and the fronting street or roadway,
whichever is the greater distance.
(4)
Any structures designed and/or constructed to position, hold
and/or otherwise support any freestanding or ground-mounted solar
energy system equipment shall not cause the top edge of the solar
panel to be greater than 12 feet above ground level when oriented
at a maximum vertical tilt.
(5)
Any on-site power lines shall, to the maximum extent practicable,
be underground installations.
(6)
Freestanding or ground-mounted solar energy systems shall be
screened to the extent practicable from adjoining residential lots
and public rights-of-way through the use of architectural features,
earth berms, landscaping, fencing or other features which will harmonize
with the character of the property and surrounding area. The proposed
screening shall not, however, interfere with the normal operation
of the solar collectors.
(7)
Solar energy systems shall be located in a manner to reasonably
minimize shading of property to the north while still providing adequate
solar access for collectors.
(8)
The area both beneath and between ground-mounted and freestanding
solar collectors, i.e., within the regular geometric form cited above,
shall be included in calculating whether the lot meets the maximum
permitted building coverage and lot coverage and minimum open space
standards for the zoning district within which the system is located.
The system shall, however, not be considered in calculating whether
any limitation on either the number or aggregate square footage of
accessory structures is exceeded.
(9)
The location of any freestanding or ground-mounted solar system,
or any portion thereof, shall not encroach upon any ecologically sensitive
land or water resource or be permitted on any land subject to a conservation
or agricultural easement, the terms of which would preclude construction
of the solar energy system.
(10)
Setback, screening and other requirements for solar carports
may be modified or waived by the ZBA as part of the special use permit
process where appropriate to permit, for example, the construction
of a solar carport in an existing or proposed commercial parking lot.
G.
Additional requirements for Small-Scale Solar Thermal Systems. To
the extent applicable, the installation of ground-mounted and freestanding
solar thermal systems shall be subject to the same requirements as
those set forth above for ground-mounted and freestanding solar energy
systems.
H.
Safety and maintenance requirements for solar energy system installation.
(1)
Except for those systems where the electricity generated is
for residential use only and which are not part of a collective solar
installation, the installation of all solar energy systems and any
related equipment must be performed by a qualified solar installer.
(2)
Prior to operation, electrical connections must be inspected
by the Town's Building Inspector and by an appropriate electrical
inspection person or agency, as determined by the Town.
(3)
Any connection to the public utility grid must be inspected
by and comply with the requirements of the appropriate public utility
and with any additional requirements of the New York State Public
Service Commission.
(4)
Solar energy systems shall be maintained in good working order.
(5)
If a solar storage battery is included as part of the solar
energy system, it must be placed in a secure container or enclosure
meeting the requirements of the State Uniform Fire Code when in use,
and when no longer used shall be disposed of in accordance with the
laws and regulations of the Town and other applicable laws and regulations.
Markings on such a storage battery shall be in accordance with the
provisions of the state code and the National Electrical Code.
(6)
If a solar energy system ceases to perform its originally intended
function for more than 12 consecutive months, the property owner shall
remove all equipment associated with the solar energy system by no
later than 90 days after the end of the twelve-month period.
(7)
Marking of Equipment.
(a)
Solar emergency systems and equipment shall be marked in order
to provide emergency responders with appropriate warning and guidance
with respect to isolating the solar energy system. Materials used
for marking shall be weather-resistant. For residential applications,
the marking may be placed within the main service disconnect. If the
main service disconnect is operable with the service panel closed,
then the marking should be placed on the outside cover.
(b)
For commercial application, the marking shall be placed adjacent
to the main service disconnect in a location clearly visible from
the location where the lever is operated.
I.
Solar farms.
(2)
In addition to any other requirements for issuance of a special
use permit, the applicant shall submit the following information:
(a)
A soil map of the parcel on which the solar energy system is
to be located, prepared by the Dutchess County Soil and Water Conservation
District, showing any federal or state wetlands, streams or other
bodies of water, prime agricultural land, slope and 100-year and 150-year
floodplains.
(b)
Property lines and physical features, including roads, for the
project site.
(c)
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, and screening vegetation
or structures.
(d)
Drawings showing the location and size of any proposed towers
or utility lines.
(e)
A one- or three-line electrical diagram detailing the solar
energy system layout, solar collector installation, associated components,
and electrical interconnection methods, with all National Electrical
Code compliant disconnects and overcurrent devices.
(f)
Name, address and contact information of proposed or potential
system installer and the owner and/or operator of the solar energy
system. If the final system installer is different, the requested
information for such final installer shall be submitted prior to the
issuance of a building permit.
(g)
Name, address, phone number and signature of the project applicant,
as well as all property owners, demonstrating their consent to the
application and the use of the property for the solar energy system.
(h)
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming.
(i)
Erosion and sediment control and stormwater management plans
prepared to New York State Department of Environmental Conservation
standards, if applicable, and to such standards as may be established
by the ZBA.
(j)
Blueprints, signed by a professional engineer or registered
architect, of the solar energy system showing the layout of the system.
(k)
Equipment specification sheets for all photovoltaic panels,
significant components, mounting systems and inverters to be installed.
(l)
A description of any clearing of trees incident to construction
of the system.
(m)
In the course of its review of a proposal for development of
a solar farm, the Zoning Board of Appeals and/or Planning Board may
require an applicant to submit a viewshed analysis meeting the procedures
identified within the New York State Department of Environmental Conservation's
SEQRA publication entitled "Assessing and Mitigating Visual Impacts,"
http://www.dec.ny.gov/documents/permits_ej_operations_pdf/visual_2000.pdf
or any other generally accepted viewshed analysis.
(n)
Such other documentation and information which the ZBA deems
necessary for adequate review of the application.
(3)
No solar farm shall be permitted:
(a)
On federal or state wetlands, or their buffer areas;
(b)
Ecologically sensitive land or water resources;
(c)
On land subject to conservation or agricultural easements the
terms of which easement would preclude construction of a solar farm;
or
(d)
To remove prime agricultural land or farmland of statewide importance
from potential agricultural production.
(4)
The installation of the solar power plant shall cause neither
the cutting, within or at the periphery of a forested or woodland
area, of more than 50% of the trees of six inches or more in diameter
at breast height over any continuous land area of 1/4 acre nor overall
site disturbance caused by grading, tree removal or other work on
the solar farm site and its access exceeding a total of one acre.
(5)
The parcel on which a solar farm is sited shall be a minimum
of 10 acres.
(6)
No solar farm shall be larger than 30 acres, including fencing.
(7)
No part of any structure shall be closer than 100 feet to any
property line or to any public road. However, the Zoning Board of
Appeals shall have the authority to impose greater setbacks as it
determines necessary to preserve the rural character and scenic qualities
of the surrounding community or to mitigate adverse visual impacts
of the solar farm facility.
(8)
Solar farms shall be enclosed by perimeter fencing, eight feet
in height and set back at a sufficient distance from all components
of the solar installation to restrict unauthorized access or other
safety hazard. The type of perimeter fencing shall be subject to approval
by the ZBA.
(9)
Agricultural uses, including the raising of organic crops and
small animals, such as sheep, rabbits and chickens, may be carried
out within the fenced perimeter of a solar farm.
(10)
The ground within the fenced perimeter of a solar farm shall
not be tamped, compressed, or otherwise specially conditioned with
herbicides, pesticides or similar other treatments to inhibit the
growth of natural vegetation.
(11)
The manufacturer's or installer's identification and
appropriate warning signage and emergency contact information shall
be posted at the site and clearly visible.
(12)
Solar farm buildings and accessory structures shall, to the
maximum extent practicable, use materials, colors and textures that
will blend the facility into the existing environment. Appropriate
landscaping and/or screening materials may be required to help screen
the solar power plant and accessory structures from scenic roadways,
parklands, historic properties and neighboring residences.
(13)
The average height of the solar panel arrays shall not exceed
12 feet.
(14)
Solar farm and solar power plant panels and equipment shall
be surfaced, designed and sited so as not to reflect glare onto adjacent
private properties and public roadways.
(15)
There shall be no outdoor lighting associated with the solar
farm except as considered desirable for activation in the case of
an emergency.
(16)
The use of paving and concrete shall be minimized in the design
and construction of a solar farm.
(17)
Any on-site power lines shall, to the maximum extent practicable,
be underground installations.
(18)
Decommissioning.
(a)
All applications for solar farms shall be accompanied by a decommissioning
plan to be implemented upon abandonment, or cessation of activity,
or in conjunction with removal of the structure. The decommissioning
plan shall acknowledge the above requirements and explain how the
removal of all aboveground material and the remediation of soil and
vegetation shall be conducted to return the parcel to its original
state prior to construction. The plan shall also include an expected
timeline for execution, which shall in no event exceed one year. As
part of the plan, the applicant shall also acknowledge that, should
the removal not occur in accordance with the plan, the Town may remove
the system and restore the property and impose a lien on the property
to cover any costs to the Town exceeding those covered by the bond
or other performance guarantee.
(b)
The site shall be restored to as natural a condition as possible
within six months of the removal.
(19)
Bond.
(a)
Prior to issuance of a building permit or special use permit,
the owner or operator of the solar farm shall post a performance bond
or other suitable guarantee in a face amount of not less than 150%
of the estimated costs, as determined by the Planning Board upon recommendation
of the Town Engineer, to ensure removal of the solar energy system
or facility or structure in accordance with the decommissioning plan
described below. The form of the guarantee must be reviewed and approved
by the Attorney to the Town and the Town Board, and the guarantee
must remain in effect until the system is removed. Review of the guarantee
by the Town Engineer and Town Attorney shall be paid from an escrow
established by the applicant. Prior to removal of a solar farm or
solar power plant, a demolition permit for removal activities shall
be obtained from the Town.
(b)
In lieu of a removal bond, the Town Board, in its discretion, may permit the owner and/or operator to enter into a decommissioning agreement with the Town which provides, in relevant part, that if the decommissioning of the site is not completed within six months of the time period set forth in § 180-72.1I(15) above, the Town may, at its own expense, enter the property and remove or provide for the removal of the structures and equipment and/or the restoration of the site, as the case may be, in accordance with the decommissioning plan. Such agreement shall provide, in relevant part, that the Town may recover all expenses incurred for such activities from the defaulting property owner and/or operator. The cost incurred by the Town shall be assessed against the property and shall become a lien and tax upon said property and shall be added to and assessed as part of the taxes to be levied and assessed thereon and enforced and collected with interest in the same manner as other taxes. If such a decommissioning agreement is made, it shall be recorded by the landowner with the land records of Dutchess County and shall be an agreement which binds subsequent owners of the property. A copy showing the stamp of the Recorder of Deeds shall be given by the landowner to the Town Clerk. This provision shall not preclude the Town from collecting such costs and expenses by any other manner by action in law or in equity. In the event of any such legal proceedings, the owner and/or operator, as the case may be, shall be liable for all legal expenses, costs and disbursements in connection with said litigation, as awarded by a court of competent jurisdiction.
J.
Conforming amendments. [To be provided]
K.
Enforcement. Any violation of this section shall be subject to the
same enforcement requirements, including civil and criminal penalties,
as provided for in § 121-71 of the Town Code.
