Town of Cornwall, NY Supplementary Regulations

Accessory buildings constructed at the same time may be located in pairs or groups in the required rear or side yard along the common side lot line or rear lot line of contiguous lots.

(3)

An accessory building on that portion of a lot not included in any required yard shall conform to the height regulations for principal buildings.

(4)

No accessory building shall project nearer to the street on which the principal building fronts than such principal building. Should topographic conditions be such that practical difficulties would be caused by this requirement with respect to the location of garages, the Zoning Board of Appeals may authorize the erection of such garages under the following conditions:

(a)

If the natural slope is from 10% to 20% within 25 feet of the street line, the Board may permit a garage not closer than 20 feet to the street line; and

(b)

Where such slope exceeds 20%, a garage may be permitted not closer than 18 feet to the street line.

Corner lots.

(1)

Obstruction to vision at street intersections. At all street intersections in all districts, no obstructions to vision, including landscaping, exceeding 30 inches in height above curb level shall be erected or maintained on any lot within the triangle formed by the street lines of such lot and a line drawn between points along such street lines 30 feet distant from their point of intersection.

(2)

Rear and side yards. On a corner lot, front yards are required on both street frontages, and one yard other than the front yard shall be deemed to be a rear yard and the other or others, side yards.

Exceptions to yard requirements.

(1)

Permitted obstructions. Cornices or cantilevered roofs may project not more than three feet into a required yard. Belt courses, windowsills and other ornamental features may project not more than six inches into a required yard. Fences or walls over 6 1/2 feet in height may not be erected in front or side yards. Fences or walls with a height in excess of 6 1/2 feet shall conform to the requirements set forth herein for buildings. Paved areas (other than such as are needed for access to the buildings on the lot) shall not project within 15 feet of a street line or four feet of lot lines.

(2)

Entries and porticoes. A roofed-over but unenclosed projection in the nature of an entry or portico not more than eight feet wide and extending not more than six feet out from the front wall of the building shall be exempt from front yard requirements when the building otherwise complies with all other yard restrictions of this chapter.

(3)

Existing setback. No proposed one- or two-family dwelling need have a setback greater than the farthest setback of any existing dwelling within 200 feet on each side of said proposed dwelling on the same side of the street [notwithstanding the provisions of Subsection C(2)].[1]

[1]

Editor's Note: Former Subsection C(4), Front yards on narrow streets, which immediately followed this subsection, was repealed 12-12-1994 by L.L. No. 4-1994.

Fences. All fences shall be installed with one finished side facing away from the property enclosed.

[Added 12-14-1987 by L.L. No. 5-1987]

Farm housing accessory to certain agricultural operations. In any residential zone, by special permit as an accessory use to active agricultural operations on a parcel of not less than 100 acres, small-scale farm housing will be allowed, limited to not more than three buildings on 100 acres. The small-scale farm housing shall be not more than four efficiency units or three one-bedroom units in any one building. Minimum parking of 1.5 spaces per living unit must be provided, and the access drive shall not count toward the parking requirement. The units within a building may share a common well and/or septic system; however, each building must be separately served by an individual well or central water supply system and an individual septic system or community sewer system. The buildings may have shared facilities, such as laundry rooms, accessible only to the occupants of the small-scale farm housing. Each building shall be sited so as to render possible future subdivision from the farm parcel feasible and in accordance with the town's Subdivision and Zoning Regulations.[2] The small-scale farm housing accessory use shall not be permitted if the agricultural operations cease.

[Added 12-14-1987 by L.L. No. 5-1987]

[2]

Editor's Note: See Ch. 125, Subdivision of Land.

§ 158-15 Supplementary regulations for nonresidential buildings.

Height regulations. Structures such as chimneys, flues, towers and spires may exceed the maximum height listed in § 158-12 by no more than 30%, provided that in exceeding such limits, such structures shall not exceed the elevation of ridgelines by more than one foot for each 200 feet from the crest of such ridges. These provisions shall apply whether such ridgelines are on the actual site under application or adjacent to the site.

Waiver of yards. No side yard or rear yard shall be required where such yard abuts an operating railroad right-of-way.

Courts. The minimum dimension of an inner court shall not be less than twice the height of the highest surrounding wall. However, in no case shall an inner court have a dimension of less than 30 feet. The height of walls surrounding an inner court shall be measured from finished grade at the base thereof to the top of such wall, except that in the case of roofs with a slope exceeding five inches vertical to 12 inches horizontal, the height shall be measured to the mean point between the top of said wall and the highest point of the roof. The minimum dimension of an outer court shall be 20 feet, and its depth shall not exceed its width.

§ 158-16 Accessory parking and loading; private roads.

Off-street parking requirements and private roads. Off-street parking spaces, open or enclosed, are permitted as an accessory to any use, subject to the following provisions:

[Amended 12-14-1978 by L.L. No. 5-1987; 8-9-1993 by L.L. No. 3-1993; 12-12-1994 by L.L. No. 4-1994]

(1)

Schedule of parking requirements. Accessory off-street parking spaces, open or enclosed, shall be provided for any use as specified in § 158-9. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these parking regulations. Reasonable and appropriate off-street parking requirements for structures and uses which do not fall within the categories listed shall be determined by the Planning Board upon consideration of all factors entering into the parking needs of each such use.

(a)

Parking waiver in Main Street Business District. In conjunction with site plan approval, the Planning Board may permit a thirty-percent reduction in the total number of required off-street parking spaces for business establishments which are located within the Main Street Business District (Main Street between the traffic circle and Willow Avenue) and which are separately assessed for the use of off-street parking facilities operated by the Town of Cornwall Public Parking District.

[Added 7-12-1999 by L.L. No. 1-1999]

(2)

Areas computed as parking spaces. Areas which may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking, other than a street or a driveway. However, a driveway within a required front yard for a one-family or two-family residence may count as one parking space, other than on that portion of a corner lot which is subject to the provisions of § 158-14B(1).

(3)

Size of spaces. Required parking stalls for automobiles shall be a minimum of nine feet wide and 19 feet in length. Minimum aisle space shall be as follows: for ninety-degree angle parking, 25 feet; for sixty-degree angle parking, 18 feet; for forty-five-degree angle parking, 15 feet. Additional requirements may be made of the applicant regarding reserved, handicapped spaces and directions for vehicular circulation patterns. Painted delineation of spaces is required unless waived by the Planning Board. The geometric requirements for parking stalls and aisle size may be waived by the Planning Board only for uses accessory to residences if the applicant can demonstrate that sufficient area for parking and access aisles can be provided.

(4)

Access. Unobstructed access to and from a street with internal turnaround area shall be provided. Such access shall consist of at least one twenty-foot lane for parking areas with 20 spaces or more. No entrance or exit for any off-street parking area shall be located within 75 feet of any street intersection. Where access driveways are also used for the purpose of parking stall access aisles, as in § 158-16A(3), the access driveways shall meet the requirements of that section.

(5)

Drainage and surfacing. All open parking areas shall be properly drained, and all such areas shall be provided with a bituminous paved surface of structure adequate for the intended use as approved by the Planning Board and engineer for the Town, except for parking spaces accessory to a one-family or a two-family residence. Other type surfaces may be approved if the requirement for a paved surface is specifically waived by the Planning Board.

[Amended 8-6-2007 by L.L. No. 1-2007]

(6)

Parking in front yards. In any residential zone for any permitted use, not more than one parking space shall be located in any required front yard.

(7)

Combined spaces; shadow parking; parking offset.

(a)

When any lot contains two or more uses having different parking requirements, the parking requirements for each use shall apply to the extent of that use. Where it can be conclusively demonstrated that one or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation, the Planning Board may reduce the total parking spaces required for that use to the least requirement.

(b)

In appropriate cases, the Planning Board may reduce the number of parking spaces to be constructed prior to the issuance of a certificate of occupancy. As a condition of such reduction, the applicant shall demonstrate that an appropriate area is available to meet the parking area requirements of this section, and such area shall be identified in reserve for parking purposes on the site plan for a period of three years following approval of the site plan. The Planning Board shall require the applicant to provide sufficient performance security to insure construction of the improvements in such parking area as a condition of site plan approval, which said performance security shall be maintained for a period of three years following the issuance of a final certificate of occupancy for full occupancy of the approved use, and may require construction of the improvements at any time during the three-year period on its finding, after notice to the applicant, that the additional parking area is necessary to accommodate the actual parking requirements of the occupied site.

[Added 8-6-2007 by L.L. No. 1-2007]

(c)

At the time of site plan approval for nonresidential uses located in nonresidential districts, the adequacy of accessory parking and truck loading spaces shall be subject to review and determination by the Planning Board. After consideration of an appropriate parking needs analysis for the proposed site use, the Planning Board may reduce the actual number of parking spaces and, if applicable, loading spaces that would otherwise be required by this section by up to 75% where it is demonstrated to the satisfaction of the Planning Board that the specific use or combination of uses on the site will require less parking than otherwise mandated by this section. A reference to this finding shall be included on the site plan as well as in the Planning Board's approval resolution and shall be filed with the Building Inspector. The Planning Board may require, at its option, that the site be capable of accommodating any portion of the reduced number of parking spaces and may require performance security for a period of three years to insure the installation of such additional parking.

[Added 8-6-2007 by L.L. No. 1-2007]

(8)

Location and ownership. Required accessory parking spaces, open or enclosed, shall be provided upon the same lot as the use to which they are accessory or elsewhere, provided that all spaces therein are located within 500 feet walking distance of such lot. In all cases, such parking spaces shall conform to all the regulations of the district in which the parking spaces are located, and in no event shall such parking spaces be located in any residence district unless the use to which the spaces are accessory is permitted in such residence districts. Such spaces shall be in the same ownership as the use to which they are accessory and shall be subject to deed restriction, approved by the Planning Board, binding the owner and his heirs and assigns to maintain the required number of spaces available either throughout the existence of the use to which they are accessory or until such spaces are provided elsewhere.

(9)

On lots divided by district boundaries. When a parking lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of parking spaces shall apply to the entire lot. Parking spaces on such lot may be located without regard to district lines, provided that no such parking spaces shall be located in any residence district unless the use to which they are accessory is permitted in such district or except upon approval by the Planning Board.

(10)

Private roads for residential subdivisions.

[Amended 7-12-1999 by L.L. No. 1-1999; 6-13-2005 by L.L. No. 3-2005]

(a)

A private road shall be defined as a road privately owned and maintained as an accessway for between two to four lots, connecting to a public street. Up to two additional lots may use the private road, if a private agreement so allows, provided that those two additional lots have the minimum required frontage on a public road. For purposes of the private road use count, no distinction shall be made between developed or undeveloped lots having the right to utilize said private road. However, the private road use count as addressed under Subsection A(10)(b) below must be considered prior to any building permit being issued for any lot.

(b)

Private roads shall only be permitted to serve residential lots for single-family and two-family residential uses. If a two-family dwelling exists or is proposed on a private road, it shall be considered to be the equivalent of two single-family lots for purposes of the private road use count as described in Subsection A(10)(a) above. For purposes of the private road use count as described in Subsection A(10)(a) above, caretaker dwellings shall be counted as the equivalent of an additional single-family lot. Accessory dwelling units as defined in this chapter shall be permitted on private roads, and the same shall not in any way affect the private road use count described in Subsection A(10)(a) above.

(c)

In general, no subdivision shall contain more than one private road. If the Planning Board determines that more than one private road is required to serve a given property due to particular circumstances such as its shape or slope, and if the Planning Board determines that the provision of more than one private road is not being done to avoid the construction of a public road where a subdivision would exceed the lot count described in Subsection A(10)(a) above, the Planning Board may have the option of approving more than one private road. In the event that more than one private road is proposed, such roads shall have adequate separation and shall not be interconnected. In no case shall any lot have legal access and/or frontage on more than one private road.

(d)

In no case shall a private road connecting solely to another private road be created. However, this language shall not prohibit the extension of an existing private road in compliance with the provisions of Subsection A(10)(a) above, in the event that the provisions of the original maintenance agreement for said existing private road do not prohibit the same.

(e)

In order to create in excess of four lots other than the two additional lots specified in Subsection A(10)(a) above on an existing private road, said private road shall first have been improved to the current applicable street specifications in the Town of Cornwall,[1] dedicated to and accepted by the Town of Cornwall or other applicable governmental body as a public road, in which case the same shall cease to be a private road.

[1]

Editor's Note: See Ch. A161, Road Specifications.

(f)

The Planning Board shall not approve the use of a private road in any subdivision if it is determined that the use of said private road is not consistent with the health, safety, welfare and convenience of the proposed users of the road and the people of the Town of Cornwall in general.

(g)

To the extent practicable, the owner of any lot having access only to an approved private road shall be the owner of the portion of the private road adjacent to his lot to the center line of said private road, unless other ownership provisions have been shown on the filed subdivision plat as approved by the Planning Board.

(h)

In all cases, dimensions used in determining compliance with zoning bulk, frontage and setback regulations shall be measured from or along the right-of-way lines indicated for the private road.

(i)

Responsibility for maintenance.

[1]

Where a subdivision plat containing a private road is approved and filed with the Orange County Clerk, such subdivision plat shall contain a note clearly stating that the subdivision contains a private road which the Town of Cornwall has no responsibility to maintain, nor provide services for, nor make any improvements to; that all such costs shall be borne by the property owners approved to use said road in accordance with the terms of a maintenance declaration or agreement, as referenced hereinbelow.

[2]

All private roads will have provisions for the maintenance of said private road, pertinent drainage facilities and other improvements incorporated in a maintenance declaration or agreement which shall be recorded in the Orange County Clerk's office at the time of filing of the subdivision plat and prior to the transfer in ownership of any subdivision lot.

[3]

A private road may not be offered for dedication to the Town of Cornwall unless the owners of the private road shall first have caused it to meet the current applicable street specifications in the Town of Cornwall.

(j)

Private road construction specifications. If the Planning Board shall authorize the construction of a private road in accordance with the standards set forth in this chapter, said private road shall at a minimum conform to the standards set forth below.

[1]

No private road shall exceed six times the minimum required lot width; except that the Planning Board may waive this provision upon a finding that the same would not be detrimental to the public health, safety, welfare and general convenience.

[2]

The private road will have the subbase prepared and compacted to the maximum density. Where grade alteration is required, the same shall be by use of run-of-bank or other non-frost-susceptible material, compacted to maximum density.

[3]

Said private road will have a base course which shall consist of at least eight inches of bulk shale that is 1 1/2 inches to three inches in diameter as a base, with four inches of Item 4 type shale placed on top of said base, all of which will be compacted to maximum density. A final surface treatment finish of double application oil emulsion and stone shall be applied to result in a dust-free surface. Each oil application shall be 0.5 gallon per square yard, and stone utilized shall be three-eighths-inch diameter.

[4]

A private road shall not be less than 18 feet in width and shall have, in addition, shoulders three feet in width on both sides of the road, which shoulders shall be compacted to maximum density, and shall also have a three-foot-wide drainage swale adjacent to each shoulder.

[5]

The right-of-way reserved for all private roads shall not be less than 50 feet in width; rights-of-way for culs-de-sac shall not be less than 80 feet in diameter.

[6]

If any private road shall end in a cul-de-sac, said cul-de-sac shall have a finished surface being not less than 60 feet in roadway diameter. Alternate layouts utilizing T-shaped turnarounds may be approved subject to any specific requirements set by the Planning Board.

[7]

No portion of any private road shall have a grade exceeding 14%; except that all work within the public road rights-of-way shall conform to the appropriate standards of the agency having jurisdiction over the same. Where the slope of a private road exceeds 10%, the Planning Board may set reasonable requirements, including but not limited to the provision of temporary parking areas, in order to protect the public health, safety and welfare.

[8]

All side slopes of lands adjacent to the private road within the private road right-of-way shall not be steeper than a slope of 2:1. A two-on-one slope is defined as a drop of one unit of distance vertically for every two units of distance horizontally. Alternate side slopes using alternate methods of stabilization and control may be approved by the Planning Board on a case-by-case basis.

[9]

If a private road is constructed over a place where water runs regularly or intermittently underneath said road or will be caused to do so as part of the proposed subdivision, coated corrugated metal pipe (CMP) culvert or any alternative pipe materials approved by the Planning Board shall be installed underneath the road to permit the passage of water under said road. The size of such pipe shall be as determined to be acceptable by the Town Engineer.

[10]

All private road names shall be approved by the Town Board. Such road name shall be posted by street sign which is identical in construction, character and manner of posting as those currently installed by the Town of Cornwall for public roadways, except that the sign shall also be equipped with a separate additional sign of similar construction which identifies the road as a private road.

[11]

Unless the private road shall be completed at the time the Planning Board Chair signs the subdivision plat incorporating the private road, the applicant shall post a performance guaranty in an amount determined by the Town Board in a form acceptable to the Town Attorney to insure the proper installation of the private road and any associated improvements. The performance guaranty shall cover the cost of any uncompleted improvements in the subdivision. The applicant shall have a period of not more than two years from the date of issuance of the first building permit within the subdivision to complete the improvements. Whether there is performance security posted or not, the applicant shall post a maintenance guaranty with the Town at the time the subdivision plat is signed if no performance security is posted or at the time the performance security is released by the Town as a condition of the release of the performance security. The maintenance security shall be for a period of three years from the date of the issuance of the first building permit within the subdivision.

[Added 7-12-1999 by L.L. No. 1-1999]

(11)

Private roads for commercial, industrial and planned adult communities. Private roads shall be allowed, with the approval of the Town Board and provided they meet the minimum construction standards for public Town roads, within commercial developments, office or industrial parks and planned adult communities. Said private roads shall be owned and controlled by a single individual, corporation or legal entity acceptable to the Town Board with the right and obligation to maintain said roads. Access to said roads by the Town's emergency services and the right to enforce parking standards shall be required as a condition for allowing said private roads.

Minimum off-street parking requirements shall be as follows:

[Added 12-14-1987 by L.L. No. 5-1987]

(1)

Single-family dwellings: two spaces per dwelling with full turnaround area.

(2)

Outdoor recreation areas: one space for each five persons for which the facility is designed, but not less than four spaces per acre.

(3)

Boat docks, ramps, marinas and clubhouses: one space for each three persons for which seating is provided and one space for each two berths or each two members, whichever is greater. If open to the public, a permit shall be considered as membership.

(4)

Home occupation: one space per 300 square feet of floor area in such use, in addition to those required for the residential use. Full turnaround for the residence and the home occupation shall be provided, except that the Planning Board may waive such turnaround requirement for lots having frontage on and access to a minor street.

[Amended 12-12-1994 by L.L. No. 4-1994]

(5)

Golf courses and clubs: five parking spaces for each tee.

(6)

Skiing areas: one parking space for every 10 persons of practical lift capacity.

(7)

Country clubs: one space for each 100 square feet of floor area occupied by all principal or accessory structures, except those used for parking purposes.

(8)

Buildings or open stands for display and sale of agricultural products: one space for each five feet of front wall of such stand or 300 square feet of floor space, whichever is greater.

(9)

Essential services: one space for each on-site employee.

(10)

Permitted uses not elsewhere listed in regulations: reasonable and appropriate parking areas based on highest anticipated parking required to meet maximum employee parking and visitor parking as determined by the Planning Board.

(11)

Schools: one space per six student seats, plus one space for each administrative personnel. The parking requirements for schools may be waived or modified by the Planning Board if school policy does not allow for student vehicles on campus.[2]

[Amended 2-12-2020 by L.L. No. 1-2020]

[2]

Editor's Note: Former Subsection B(11), regarding off-street parking for vacation campgrounds, was repealed 2-12-2020 by L.L. No. 1-2020. This local law also provided for the redesignation of Subsection B(12) through (46) as Subsection B(11) through (43), respectively.

(12)

Cemeteries: off-street parking areas to accommodate 50 automobiles.

(13)

Churches: one space for each four seats.

(14)

Home professional offices: one parking space per 200 square feet of space used for the conduct of the home professional office, including offices, work space and waiting rooms, in addition to those required for the residential use. Full turnaround for the residence and the home professional office use shall be provided.

[Amended 12-12-1994 by L.L. No. 4-1994]

(15)

Hospitals: one space for each two beds, plus five spaces for each operating room and clinic suite.

(16)

Sanatorium: one space for each five beds, plus one space for each employee in the maximum working shift.

(17)

Nursing homes: one space for each four beds.

(18)

Mobile homes in a mobile home development: two spaces per mobile home space.

(19)

Libraries, museums and art galleries: one space for each 300 square feet of floor area.

(20)

Two-family dwellings: a total of four parking spaces, two of which are fully enclosed.

(21)

Multiple dwellings or for structures equivalent to attached dwellings: if on-street parking is allowed by the Planning Board to be incorporated in the design of the development, one parking space per bedroom and a minimum of two spaces per unit; and for all other multiple dwellings, one parking space per bedroom with a minimum of 2.5 spaces per unit. In addition to the preceding requirements, additional parking spaces shall be provided for the use of guests: a minimum of 20% of the total number of spaces required under the preceding calculations. Such additional guest parking shall be distributed in accessible locations about the site.[3]

[Amended 12-12-1994 by L.L. No. 4-1994]

[3]

Editor's Note: Former Subsection B(21), regarding off-street parking for a clubhouse or lodge, was repealed 2-12-2020 by L.L. No. 1-2020.

(22)

Retail stores and shops: one space per 200 square feet of floor area in sales use.

(23)

Banks: one space per 300 feet of floor area.

(24)

Business and professional offices: one space per 200 square feet of floor area.

(25)

Gasoline service stations: four spaces for each service bay, plus one space per 300 square feet of floor area outside service areas, with a minimum of 10 spaces.

(26)

Restaurants or other eating places: at least one parking space for each three seats, except when it is in a building which provides parking space as otherwise required herein, in which case the number of places already provided may be allowed, at the discretion of the Planning Board, to be available for the restaurant or eating place.

(27)

Undertaking establishments and funeral parlors: 25 spaces per chapel for two or fewer chapels; with an additional 15 spaces per chapel for three or more chapels in any such establishment.

[Amended 12-12-1994 by L.L. No. 4-1994]

(28)

Medical and dental clinics or offices: one space for each 200 square feet of floor area.

(29)

Laundromats: one space per four machines installed and one additional space per 200 square feet of floor area.

(30)

Automotive repair facilities: three spaces per bay, plus one per 200 square feet of office or retail use associated with said use.

[Amended 12-12-1994 by L.L. No. 4-1994]

(31)

Hotels and motels: one space per accommodation unit, plus one space for each five units.

(32)

Schools of special instruction: one space for each 200 square feet of floor area.

(33)

Social halls, meeting rooms, catering facilities: one space for each two persons of capacity use as determined by the Fire Marshal.

(34)

Auditorium, stadium, theater or other place of public assemblage: at least one parking space for each three seats provided for its patrons based on maximum seating capacity.

(35)

Shopping centers and department stores: 5.5 spaces per 1,000 square feet of leasable floor area.

(36)

Car sales: two spaces per salesperson's desk. Parking requirements for vehicle storage or associated with any repair shop use that is accessory to car sales uses shall be separately considered.

[Amended 12-12-1994 by L.L. No. 4-1994]

(37)

Light manufacturing establishments: at least one parking space for each 400 square feet of floor area or each two workers, whichever is greater.

(38)

Wholesale establishments or warehouses: one space for each two employees in the maximum working shift or every 1,000 square feet of floor area, whichever is greater.

(39)

Automobile food concessions: one space per 40 square feet of floor area.[4]

[4]

Editor's Note: Former Subsection B(39), regarding off-street parking for commercial recreation facilities, was repealed 2-12-2020 by L.L. No. 1-2020.

(40)

Laboratory or research offices, manufacturing use: one space for every two employees in the maximum working shift or one space for every 400 square feet of floor area, whichever is greater.

(41)

Day-care centers: one space per employee plus one additional space for every five children. A turnaround shall be provided so that no vehicle is required to exit the facility by backing onto a public or private road. One-way traffic flow designs are considered preferable where possible. Parking areas must be provided with a dust-free surface.

[Amended 12-12-1994 by L.L. No. 4-1994]

(42)

Accessory dwelling units: in addition to the residence requirement, one space with full turnaround area, unless the Building Inspector waives the turnaround requirement for lots having access to minor streets.

[Added 12-12-1994 by L.L. No. 4-1994]

(43)

Filling station: Parking requirements for any convenience, retail component shall apply at one space per 200 square feet of floor area in sales use. Any deli or restaurant seating that may be approved for inclusion shall provide at least one additional space per three seats.

[Added 12-12-1994 by L.L. No. 4-1994]

Off-street loading berths, open or enclosed, are permitted or may be required by the Planning Board as set forth in § 158-9, subject to the following:

[Amended 12-14-1987 by L.L. No. 5-1987]

(1)

Size, location and access. Such facilities should be a minimum of 12 feet by 20 feet, with sufficient backup and turning space, or of any such other dimension as may be approved by the Planning Board as adequate for the prospective use. All loading berths shall be located so as to avoid obstructing internal and external site traffic circulation. Loading docks shall be located so as not to be visible from a public road, unless this provision is waived by the Planning Board.

[Amended 12-14-1987 by L.L. No 5-1987; 12-12-1994 by L.L. No. 4-1994]

(2)

Joint facilities. Permitted or required loading berths, open or enclosed, may be provided in spaces designed to serve jointly two or more adjacent establishments, provided that the number of required berths in such joint facilities shall not be less than the aggregate of all such requirements.

(3)

On lots divided by district boundaries. Loading berths on such lot may not be located in any residence district unless the use to which they are accessory is permitted in such district.

[Amended 12-12-1994 by L.L. No. 4-1994]

(4)

Sufficient loading berths to provide adequately for the proposed use shall be provided. The Planning Board shall, in consultation with the applicant, determine the appropriate number of loading berths specific to such use.

[Added 12-12-1994 by L.L. No. 4-1994[5]]

[5]

Editor's Note: This local law also repealed former § 158-16C(4), Miscellaneous uses, added 12-14-1987 by L.L. No. 5-1987.

Parking regulations in multiple-residence or attached dwelling developments. Wherever space is provided for the parking of five or more vehicles in the open, such spaces shall be individually identified by means of pavement markings. No parking space shall be located in any front yard or within 10 feet of any lot line in side or rear yards. The parking of motor vehicles is prohibited within 15 feet of any wall or portion thereof of a two-or-more-family dwelling, which wall contains windows (other than bathroom or kitchen windows) with a sill height of less than eight feet above the level of the said parking space. No service of any kind shall be permitted to be extended to users of the lot, including automobile service, repair or fueling, and no gasoline, oil, grease or other supplies shall be stored or sold in any such lot. Parking areas shall be screened by a substantial wall, fence or thick hedge approved by the Planning Board. Generally such screening shall not be less than 61/2 nor more than eight feet in height or, if plant materials, not less than three feet when planted and pruned to a height of not less than 61/2 feet.

Regulations for parking spaces adjacent to lots in any residence district.

[Amended 12-12-1994 by L.L. No. 4-1994]

(1)

Wherever a parking area of over five spaces abuts or is within 15 feet of the side or rear lot lines of a lot in any residence district, said parking lot shall be screened from such adjoining lot by a substantial wall, fence or thick hedge approved by the Planning Board. Generally, such screen shall be not less than three nor more than eight feet in height. Except that, in the event that specific existing topography, vegetation or existing uses effectively screen the parking or otherwise reduce or obviate the need for such plantings, the Planning Board may waive such requirement in its discretion.

(2)

Whenever a parking area of over five spaces is located across the street from other land in any residence district, it shall be screened from the view of such land by a thick hedge, wall or fence approved by the Planning Board, located along a line drawn parallel to the street and a distance of 20 feet therefrom, such screening to be interrupted only at points of ingress and egress. Generally, no such screening shall be less than three feet nor more than eight feet in height. The open area between such screening and the street shall be landscaped in harmony with the landscaping prevailing on neighboring properties fronting on the same street. Two identification and directional signs located on the street side of such screening shall be permitted; however, they shall not exceed an area of three square feet each. Except that, in the event that specific existing topography, vegetation, or existing uses effectively screen the parking or otherwise reduce or obviate the need for such plantings, the Planning Board may waive such requirement in its discretion.

Driveways.

[Amended 12-12-1994 by L.L. No. 4-1994]

(1)

No driveway shall provide access to a lot located in another district, which lot is used for any purpose prohibited, except residential, in the district in which said driveway is located.

(2)

No portion of any driveway shall have a grade exceeding 15%. Where the slope of a driveway exceeds 10% the Planning Board may set reasonable requirements, including but not limited to the provision of a temporary parking area, in order to protect the public health, safety and welfare.

(3)

A driveway or accessway to a property or properties with commercial or multifamily use shall be constructed to standards in Chapter A161 of the Code unless a waiver is approved by the Planning Board.

Commercial vehicles.

(1)

One commercial vehicle not exceeding 25 feet in length may be parked on an occupied lot in any residence district, but not within the required yards of such lot and in no case between the street line and the principal building.

(2)

One commercial vehicle not exceeding 25 feet in length may be parked within a private garage in any residence district.

(3)

Whenever said lot is more than one acre but less than five acres, three such commercial vehicles may be parked thereon. However, only one such vehicle may be parked between the street line and the principal building.

(4)

Whenever said lot is more than five acres, five such commercial vehicles may be parked thereon. However, only one such vehicle may be parked between the street line and the principal building.

(5)

Commercial farm vehicles are permitted as an accessory to a commercial farm use in any residence district.

Trailers and boats.

(1)

The outdoor storage or parking and use of a trailer which exceeds 25 feet in length by any person or persons is hereby prohibited in all districts, except that one such trailer only may be stored, but not used for any purpose, on an occupied lot of 40,000 square feet or more in a residence district, and provided that such trailer is not stored between the street line and the principal building nor in any required yard. For each dwelling unit, one trailer under 25 feet in length may be stored or parked, but not used for any purpose, on an occupied lot, provided that such trailer is not located between the street line and the principal building nor in any required yard.

(2)

One boat per dwelling unit in any ARR, SLR, SR-1 or SR-2 Zone may be stored out-of-doors on an occupied lot, provided that such boat is not stored between the street line and the principal building nor in any required yard.

(3)

Where a building permit has been issued for the construction or alteration of a building, the Building Inspector may issue a temporary permit for one trailer for a period not to exceed one year. Said temporary permit may be extended for additional one-year periods if the Building Inspector finds that construction has been diligently pursued and that justifiable circumstances require such an extension. Said trailer may be occupied during the term of the temporary permit and shall be situated upon the lot for which the building permit has been issued. Prior to the issuance of such a temporary permit, the Building Inspector shall approve the location of the trailer on the lot.

[Amended 12-14-1987 by L.L. No. 5-1987]

Unregistered vehicles.

(1)

An unregistered vehicle may not be stored in any district unless it is stored in an authorized motor vehicle sales and service area, service station or public garage or within an enclosed building on the premises.

[Amended 12-12-1994 by L.L. No. 4-1994]

(2)

An unregistered vehicle which is undergoing repairs by an occupant of the premises upon which it is located may be stored for a period of 60 days upon the occupant's obtaining a permit from the Building Inspector which will identify the vehicle by make, model number, serial and/or motor number, the work proposed to be done on the vehicle and when the vehicle is proposed to be completed. Such a vehicle may receive a sixty-day permit with an additional sixty-day extension, but in no event shall such vehicle remain on the premises beyond four months unless the owner obtains a current registration for the vehicle. Said vehicle, while undergoing repairs, must be stored in such a way that it meets with the yard requirements for the particular district in which it is located. Not more than three such permits may be issued and outstanding at any one time for work to be done on any single premises within the Town of Cornwall. No more than three work permits may be issued for any given vehicle. No work permit shall be issued to a person whose property includes a garage where the vehicle is located.

[Amended 12-12-1994 by L.L. No. 4-1994]

(3)

The Building Inspector shall not issue a new or renewal permit for any premises for which violations of record pursuant to the zoning are outstanding.

[Amended 12-12-1994 by L.L. No. 4-1994]

(4)

The fee for each permit to store an unregistered vehicle shall be in accordance with the Standard Schedule of Fees of the Town of Cornwall.[6]

[6]

Editor's Note: The schedule referred to is on file in the office of the Town Clerk.

§ 158-17 Dangerous and objectionable elements; performance standards.

Every use subject to performance standards shall conform to the restrictions set forth in Subsections A and B.

Measurement at the point of emission. The existence of the following dangerous and objectionable elements shall be determined at the location of the use creating the same or at any point beyond, and these shall be limited as follows:

(1)

Fire hazards. All activities involving, and all storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and adequate fire-fighting and fire-suppression equipment and devices standard in this industry. Burning of waste materials in open fires is prohibited. The relevant provisions of other state and local laws and regulations shall also apply.

(2)

Radioactivity or electrical disturbance. No activities shall be permitted which emit dangerous radioactivity at any point. No activities shall be permitted which produce electrical and/or electromagnetic disturbance (except from domestic household appliances and from communications equipment subject to control of the Federal Communications Commission or appropriate federal agencies) adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.

(3)

Smoke. No emission shall be permitted at any point from any chimney or otherwise of visible gray smoke of a shade darker than No. 1 on the Ringelmann Smoke Chart as published by the United States Bureau of Mines (Power's Micro-Ringelmann Chart, McGraw-Hill Publishing Company, 1954, may be used). This provision, applicable to visible gray smoke, shall also apply to visible smoke of a different color but with an equivalent apparent opacity.

(4)

Other forms of air pollution. No emission of fly ash, dust, fumes, vapors, gases and other forms of air pollution shall be permitted which can cause any damage to health, to animals or vegetation or to other forms of property or which can cause any excessive soiling of any paint; and in no event shall any emission of any solid or liquid particles in concentrations exceeding zero and 0.3 grain per cubic foot of the conveying gas or air at any point be permitted. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500° F. and 50% excess air.

(5)

Liquid or solid wastes. No discharge shall be permitted at any point into any private sewage disposal system or street or into the ground of any materials in such a way or of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous objectionable elements, except in accord with standards approved by the State Department of Health, the State Department of Environmental Conservation, Water Pollution Control Board or County Health Department. No accumulation of solid wastes conducive to the breeding of rodents or insects shall be permitted.

[Amended 12-14-1987 by L.L. No. 5-1987]

Measurement at the lot line. The existence of the following dangerous and objectionable elements shall be determined at the lot line of any use creating the same or at any point beyond said lot line, and these shall be limited as follows:

[Amended 12-12-1994 by L.L. No. 4-1994]

(1)

Noise. At the specified points of measurement, the sound-pressure level of noise radiated continuously from a facility at nighttime shall not exceed the values for octave bands lying within the several frequency limits given in Table I after applying the corrections shown in Table II. The sound-pressure level shall be measured with a sound-level meter and an octave band analyzer conforming to specifications prescribed by the American Standards Association, Inc., New York, New York. (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, 224.3-1944, American Standards Association, Inc., New York, New York, and American Specification for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, 224.10-1953, or latest approved revision thereof, American Standards Association, Inc., New York, New York, shall be used.)

(2)

Table of maximum permissible sound-pressure levels.

	TABLE I
	Maximum permissible sound-pressure levels at specified points of measurement for noise radiated continuously from a facility between the hours of 7:00 p.m. and 7:00 a.m.

Frequency Ranges Containing Standard Octave Bands (cycles per second)		Octave Band Sound-Pressure Level (decibels) (re 0.0002 dyne/cm)
20	75	67
75	150	66
150	300	61
300	600	54
600	1,200	47
1,200	2,400	39
2,400	4,800	29
4,800	10,000	20

(3)

Table of corrections. If the noise is not smooth and continuous and/or is not radiated between the hours of 7:00 p.m. and 7:00 a.m., one or more of the corrections in Table II below shall be added to or subtracted from each of the decibel levels given above in Table I.

	TABLE II
	Type of Operation or Character of Noise	Correction (decibels)
	Daytime operation only	Plus 5
	Noise source operates less than 20% of any one-hour period	Plus 5*
	Noise source operates less than 5% of any one-hour period	Plus 10*
	Noise of impulsive character (hammering, etc.)	Minus 5
	Noise of periodic character (hum, screech, etc.)	Minus 5

*NOTE: Apply one of these corrections only.

(4)

Vibration. No vibration shall be permitted which is discernible to the human sense of feeling for three minutes' or more duration in any one hour of the day between the hours of 7:00 a.m. and 7:00 p.m. or for 30 seconds' or more duration in any one hour between the hours of 7:00 p.m. and 7:00 a.m. No vibration at any time shall produce an acceleration of more than 0.1 gravity or shall result in any combination of amplitudes and frequencies beyond the safe range of Table 7, United States Bureau of Mines Bulletin No. 442, Seismic Effects of Quarry Blasting, on any nearby structure. The methods and equations of said Bulletin No. 442 shall be used to compute all values for the enforcement of this section.

(5)

Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be offensive at the specified points of measurement. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors, Table III (Odor Thresholds) in Chapter 5, Air Pollution Abatement Manual, Copyright 1951 by Manufacturing Chemists' Association, Inc., Washington, D.C.

(6)

Glare. No direct or sky-reflected glare shall be permitted, whether from floodlights or from high-temperature processes such as combustion or welding or otherwise, so as to be visible at the specified points of measurement. This restriction shall not apply to signs otherwise permitted by the regulations.

Prohibited uses. The uses which are listed in this subsection are prohibited in the town.

(1)

Manufacturing uses involving primary production of the following products from raw materials:

(a)

Asphalt, cement, charcoal and fuel briquettes.

(b)

Chemicals: aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black and bone black, creosote, hydrogen and oxygen, industrial alcohol nitrates; potash, plastic materials and synthetic resins, pyroxylin, rayon yarn; and hydrochloric, nitric, phosphoric, picric and sulfuric acids.

(c)

Coal, coke and tar products, including gas manufacturing; explosives; fertilizers; animal gelatin, glue and size.

(d)

Oilcloth; matches; paints, varnishes and turpentine.

[Amended 12-14-1987 by L.L. No. 5-1987]

(e)

Rubber (natural and synthetic); soaps, including fat rendering; starch.

(2)

The following processes: nitrating of cotton or other materials; milling or processing of flour, feed or grain; magnesium foundry; reduction, refining, smelting and alloying of metal or metal ores; refining secondary aluminum; refining petroleum products, such as gasoline, kerosene, naphtha, lubricating oil; distillation of wood or bones; reduction and processing of wood pulp and fiber, including paper mill operations.

(3)

Operations of stockyards and slaughterhouses and of grain elevators and slag piles.

(4)

Storage of explosives and/or manufacture of explosives.

[Amended 12-14-1987 by L.L. No. 5-1987]

(5)

Bulk or wholesale storage of gasoline aboveground.

(6)

Incineration of waste materials, except in a plant owned and operated by the Town as a principal use.

(7)

Disposal of septic or sewage wastes, except as approved by or permitted by the Orange County Department of Health or such other government agency with jurisdiction over the disposal.

[Amended 12-12-1994 by L.L. No. 4-1994]

(8)

Storage, display or sale of goods on sidewalks, other than special events or activities approved by the Town Board as to location, duration, season, time and extent of display.

[Amended 12-12-1994 by L.L. No. 4-1994]

(a)

Stores open in part or more on one or more sides so arranged and designed to make sales to persons on the street or sidewalk.

(b)

The placing of any items on or above any sidewalk for the purposes of sale, display or storage within 48 inches of the outside edge of the sidewalk.

(c)

All such uses and/or activities shall be subject to Planning Board approval.

(9)

Open-air sales establishments other than for motor vehicles, automotive fuels or horticultural products.

(10)

Storage, other than off-street parking accessory to any business or commercial use, except in a building completely enclosed on all sides or as expressly permitted herein.

(11)

Vending machines not located entirely within a principal or accessory building or other enclosure approved by the Planning Board for such use as part of site plan approval.

[Amended 12-12-1994 by L.L. No. 4-1994]

(12)

Amusement parks and circuses.

[Amended 2-12-2020 by L.L. No. 1-2020]

(13)

Junkyard or dump, except a dump established as an official Town dump or duly licensed as a dump by the Town Board.

(a)

Truck terminal.

[Added 6-13-2005 by L.L. No. 3-2005]

(14)

The temporary or permanent storage, parking or use for storage purposes or for other purposes, including but not limited to the shelter of animals, of an unlicensed or unregistered van, truck box, trailer box, truck, bus or other vehicle or vehicle body of any size with or without wheels. The storage, parking or use of any such object as described herein on the effective date of this section shall not be deemed to be of such substantial nature as to achieve preexisting use status for the object or its use. This shall not preclude uses involving truck trailers as approved by the Planning Board.

[Added 12-12-1994 by L.L. No. 4-1994[1]]

[1]

Editor's Note: This local law also provided for the renumbering of former Subsection C(14) and (15) as Subsection C(15) and (16), respectively.

(15)

Any other use, whether specified above or not, that is of such a nature as to be detrimental to neighboring properties by reason of emission of odor, dust, refuse matter, garbage, smoke, vibration, gas, noise or any other factor that is dangerous to the comfort, peace, enjoyment, health or safety of the area or the community.

(16)

The uses prohibited under this subsection or any other section of this chapter are not intended and shall not be deemed to be an exhaustive list, but such list is made for the purpose of clarity and emphasis and to illustrate by example some of the uses frequently proposed that are deemed undesirable and are thus not permitted.

§ 158-18 Supplementary sign regulations.

[Amended 12-14-1987 by L.L. No. 5-1987; 7-12-1999 by L.L. No. 1-1999]

No sign, billboard, advertising display, structure, poster or similar device shall be erected, moved, enlarged or reconstructed except as expressly permitted in this chapter.

Sign permit applications. Applications to erect a sign within the Town shall be made to the Building Inspector upon a form provided by the Building Inspector and shall be accompanied by such information as may be required to assure compliance with all applicable federal, state and local laws and regulations. This information shall include but not be limited to the following:

(1)

The name and address of the owner of the premises on which the sign is to be located.

(2)

A clear and legible drawing, with a description and nominal dimension, showing the location of the sign which is the subject of the permit. Typical drawings may be as follows:

(a)

Mounted on building facades: building elevation showing sign location, copy, dimensions and mounting details.

(b)

For freestanding identification or directory signs: a site plan showing approximate sign locations and setbacks, elevation, copy and dimensions of the sign and details of the post and base assembly.

Issuance.

(1)

The Building Inspector shall issue a permit for the erection, alteration or relocation of all signs within the town, with the exception of exempt signs, as defined herein, when the permit application is properly made and all appropriate fees have been paid.

(2)

No permit for a sign issued hereunder shall be deemed to constitute permission or authorization to maintain an unlawful sign nor shall any permit issued hereunder constitute a defense in an action to abate an unlawful sign. For purposes of determining the expiration date of any permit, the date of issuance of the permit shall be deemed the date on which the sign is erected or installed.

Permit fees. Application for permits shall be filed with the Building Inspector, together with the required permit fee. The amount of the fee shall be in accordance with the Standard Schedule of Fees of the Town of Cornwall.[1]

[1]

Editor's Note: The schedule referred to is on file in the office of the Town Clerk.

Sign permit appeals. When a sign permit application is denied by the Building Inspector, he shall give written notice of the denial to the applicant, together with a brief written statement of the reason or reasons for denial. Any appeal shall be taken to the Zoning Board of Appeals in accordance with § 158-39.

Permit exceptions. The following operations shall not be considered as creating a sign insofar as requiring the issuance of a sign permit, but the signs must be in conformance with all other codes, electrical laws and regulations of the town:

(1)

The changing of the advertising copy or message on an existing approved painted or printed sign, marquee, changeable copy sign or a similar approved sign, which are all specifically designed for the use of replaceable copy.

(2)

The painting, repainting, cleaning or other normal maintenance and repair of a sign not involving structural changes. Replacement of the plastic face will be included as an exempt operation, provided that it is due to a change caused by breakage and/or deterioration of the face but not for the substitution of a new or different advertiser.

(3)

Changes in the content of show window displays and permitted temporary signs with a valid permit.

Required signs.

(1)

Each residential and/or commercial building, structure or development in the Town shall be required to install satisfactory identification indicating the street number assigned to that property using Arabic numerals four inches in height for residential properties and at least six inches in height but not more than eight inches in height for commercial properties, configuration and background so that the same are easily readable from the road providing access to the property. The street numbers may be affixed either to the improvement, if such numbers would then be easily readable from the road, or upon a structure by the road itself, or at both locations. Such sign may include, as applicable, the name of the occupant or the location. The requirement to install numbers shall be deemed necessary for health, safety and general welfare to facilitate the provision of emergency services to the occupants of all improvements within the Town and to the improvements themselves. Required signs shall comply with the applicable provisions of this Code and shall be subject to the guidelines of the Building Inspector.

(2)

All commercial parks and/or multifamily developments shall provide, where required by the Fire or Building Inspector or as required by the Planning Board, a directory and directional sign intended to assist emergency response units to locations within the development. Such signs shall be subject to review of the Building Inspector and/or the Board requiring the installation.

(3)

Installation of required signs under this chapter shall be exempt from permitting requirements.

Permitted accessory signs.

(1)

Nonresidential Zoning Districts (PIO, PCD, HC, GC, LS):

(a)

Freestanding signs.

[1]

For any nonresidential business site, permitted by right, by special permit or by variance, one freestanding, indirectly illuminated sign supported by an ornamental post or base set in the ground behind the property line or sidewalk line so as to be free of pedestrian traffic, not obstructing sight distance or otherwise posing a hazard or be a nuisance.

[2]

Such sign shall not exceed 32 square feet, total all faces, nor be more than 12 feet above ground level, measured from the top of the sign to the average ground level at the sign base.

[3]

Such sign shall not be illuminated in a manner so as to create a hazard or nuisance to traffic or adjoining properties.

[4]

If the site has two main vehicular entrances, the Planning Board may approve, at its discretion, one additional full-size freestanding sign at the second entrance, but in no case shall the signs be spaced closer than 300 feet as measured along the road frontage.

(b)

Facade signs.

[1]

For any nonresidential business site, in addition to any permitted freestanding signs, one sign for each permitted business may be located on the building facade, with the sign face not to exceed 2.5 feet in height and 10 feet in width. Such facade sign may either be mounted flat against the building face or may be mounted so as to extend perpendicularly from the building face, but in no case shall such sign extend over the property line or sidewalk line so as to interfere with pedestrian traffic; shall not obstruct sight distance or otherwise pose a hazard or be a nuisance.

[2]

If the building face at the location where the facade sign is to be mounted is greater than 300 feet from the property line which it fronts, the maximum permitted height of the facade sign can be increased to 3.5 feet.

[3]

If a permitted business or establishment has more than one main building entrance, one additional full-size facade sign will be permitted, but in no case shall the additional sign be located on the same building face as the other permitted sign.

(c)

Temporary signs. Temporary signs meeting the following requirement shall be exempt from permit requirements pursuant to this chapter, except that all such signs shall be securely mounted and located so as not to impede pedestrian or vehicular traffic and visibility, nor otherwise to create a hazard or nuisance.

[1]

Defined as a sign related to a single activity or event.

[2]

Temporary signs, not to exceed 32 square feet, total all faces (unless otherwise specifically noted), may be displayed for not more than 45 consecutive days in any consecutive twelve-month period, except as permitted under Subsection H(1)(c)[3], [4], and [5] below.

[3]

One temporary sign shall be permitted for any structure for sale or for rent, provided that such sign is located entirely on the property to which the sign applies, with such sign not to exceed six square feet. The sign shall be removed not more than 30 days after sale or rental is consummated.

[4]

Not more than three temporary contractor signs in connection with a building improvement or repair project shall be permitted, and further provided that such sign is located entirely on the property to which the sign applies, with no such sign to exceed six square feet. Such use shall cease within 30 days, or within 10 days after said building improvement or repair project is completed, whichever is later. The permitted total of three temporary contractor signs shall apply to signs from different contractors; no contractor shall be permitted to place more than one sign on a given property in connection with a building improvement or repair project.

[5]

One temporary subdivision or site plan development sign in connection with the marketing of lots or structures in a subdivision or site plan application shall be permitted, subject to the following conditions:

[a]

Such permits may be issued for a period not to exceed one year for each permit, upon written application at least 30 days prior to its expiration.

[b]

Legend. The sign may contain advertising in connection with the name of the subdivision, development, firm, building contractor or real estate sales firm and may refer to materials, appliances, supplies and building trades used in the construction of the dwelling units or services provided by the developer.

[c]

No such sign shall be permitted to remain in one subdivision for the purpose of advertising the sale of lots or structures in another subdivision.

[d]

Such signs are not to exceed 24 square feet, total all faces, nor be more than 12 feet above ground level, measured from the top of the sign to the average ground level at the sign base.

[e]

The temporary development sign use shall cease within 30 days after the sale of the last subdivision lot or rental/sale of the last site plan structure/occupancy.

[6]

Temporary signs shall be placed on the property so as not to obstruct any pedestrian traffic, so as not to obstruct sight distance nor otherwise pose a hazard or be a nuisance.

[7]

If illuminated, temporary signs shall be internally illuminated or, if directly illuminated, shielded to prevent glare or a nuisance, and shall not include any flashing-type lights.

(d)

Portable signs.

[1]

A new business, or a business in a new location, awaiting installation of a permanent sign may utilize a portable sign for a period of not more than 60 days or within 30 days from installation of a permanent sign, whichever occurs first. One thirty-day extension will be permissible, if approved by the Building Inspector.

[2]

A "portable sign" is hereby defined as a sign, whether on its own trailer, wheels or otherwise, designed to be movable and not structurally attached to the ground, a building, a structure or another sign.

[3]

Portable signs shall be placed on the property so as not to obstruct any pedestrian traffic, not obstruct sight distance nor otherwise pose a hazard or be a nuisance.

[4]

If illuminated, portable signs shall be internally illuminated and shall not include any flashing-type lights.

[5]

Portable signs are not permitted other than for that use noted under Subsection H(1)(d)[1] above.

(2)

Residential Zoning Districts (MCR, ARR, SLR, SR-1, SR-2):

(a)

Freestanding signs.

[1]

For any nonresidential business site or multiple-residence development permitted by right, by special permit or by variance, one freestanding, illuminated sign supported by an ornamental post or base set in the ground behind the property line or sidewalk line, so as to be free of pedestrian traffic, not obstruct sight distance or otherwise pose a hazard or be a nuisance.

[2]

For uses other than multiple-residence developments, such signs shall not exceed 12 square feet, total all faces, nor be more than eight feet above ground level, measured from the top of the sign to the average ground level at the sign base. For multiple-residence developments, such signs shall not exceed 32 square feet, total all faces, nor be more than eight feet above average ground level.

[3]

Such signs shall not be illuminated in a manner so as to create glare, a hazard or a nuisance to traffic or adjoining properties.

[4]

Accessory to permitted residences, one nonilluminated occupation or professional sign with an area not to exceed two square feet, total all faces, nor exceed six feet above ground level.

[5]

If a multiple-residence development has more than one main vehicular entrance, the Planning Board may approve, at its discretion, additional full-size freestanding signs at the additional entrances, but in no case shall the signs be spaced closer than 300 feet as measured along the road frontage.

Facade signs.

Temporary signs, other than real estate type signs, development signs and contractor signs, are not permitted in residential zoning districts.

[2]

Real estate sign shall comply with Subsection H(1)(c)[3] above.

[3]

Development signs shall comply with Subsection H(1)(c)[4] above.

[4]

Not more than three temporary contractor signs in connection with a home improvement or repair project, provided that such sign is located entirely on the property to which the sign applies, with no such sign not to exceed six square feet. Such use shall cease within 30 days, or within 10 days after said home improvement or repair project is completed, whichever is later. The permitted total of three temporary contractor signs shall apply to signs from different contractors; no contractor shall be permitted to place more than one sign on a given property in connection with a home improvement or repair project.

(d)

Portable signs.

[1]

Portable signs are not permitted in residential zoning districts.

Prohibited signs. The following types of signs or artificial lighting are prohibited:

(1)

Billboards. (See definition in § 158-3.)

(2)

Flashing signs, including any sign or device on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use, or signs including materials which move or appear to move.

(3)

Signs which compete for attention with or may be mistaken for a traffic signal, or signs which purport to be or are an imitation of or resemble an official traffic sign or signal or which bear the words, "stop", "go slow," "caution," "warning" or similar words.

(4)

The outlining by direct illumination of all or any part of a building such as a gable, roof, side, wall or corner, except for temporary holiday lighting.

(5)

Signs made of cardboard, paper, canvas or similar impermanent materials.

(6)

Swinging signs.

(7)

A-frame or sandwich board, sidewalk or curb signs are prohibited except as set forth in § 158-18M(19) of this chapter.

(8)

Signs which project over a public street or right-of-way, except as set forth in § 158-18M(18) of this chapter.

(9)

Electronic changing message centers. (See definition in § 158-3.)

(10)

Gas-filled figures or objects.

Abandoned signs. Such business signs that advertise an activity, business, product or service which is no longer conducted or available on the premises on which the sign is located shall be prohibited.

Parking of advertising vehicles prohibited. No person shall park any vehicle or trailer on a public right-of-way, public property or on private property so as to be visible from a public right-of-way if said vehicle or trailer has attached thereto, or located thereon, any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same premises. This subsection is not intended to prohibit any form of vehicular signage, such as a sign attached to a bus or lettered on a motor vehicle, provided that such vehicles have current year registrations.

Public areas. No sign shall be permitted which is placed on public property or over or across any street or public thoroughfare, except as may otherwise expressly be authorized by this chapter.

Exempt signs. The following signs are exempt from permit requirements, except that, where noted, size, quantity and other indicated limitations shall apply as indicated for the specific type sign, and that maintenance of all signs as described elsewhere in this chapter shall be required.

(1)

Nonelectrical, nonilluminated, directional or instructional signs as reasonably necessary to provide direction or instruction and are located entirely on the property to which they pertain, signs identifying rest rooms, public telephones or walkways or signs providing direction such as parking lot entrances and exit signs and those of similar nature, except that, where the project is subject to site plan review, at the discretion of the Building Inspector, these signs may require application to the Planning Board for approval.

(2)

Flags, emblems or insignia-type signs of any nation, state or political subdivision, or corporate flag. The maximum permitted height for these type signs shall be 25 feet in residential zones and 35 feet in nonresidential zones. No more than three such signs, flags, emblems or insignia in total shall be installed or displayed, unless the additional signs are approved by the Planning Board as an element of a site plan.

(3)

Governmental signs for control of traffic and other regulatory purposes, street signs, danger signs, railroad crossing signs and signs of public service companies indicating danger and aids to service or safety which are erected by or on the order of a public officer in the performance of his public duty.

(4)

Temporary holiday decoration signs of a primarily decorative nature, clearly incidental and customary and commonly associated with a national, local or religious holiday.

(5)

House numbers and nameplates (nonilluminated) for each residential dwelling unit, not to exceed two square feet, total all faces, indicating the name of the occupant and/or the location. (See also § 158-18G.)

(6)

Interior signs located within a building or stadium or within an enclosed lobby or court of any building and signs for and located within the inner or outer lobby, court or entrance of any theater.

(7)

Memorial signs, tablets, plaques or names of buildings and dates of erection when cut into any masonry surface, inlaid or otherwise directly fastened to the building so as to be part of the building or when constructed of bronze or other noncombustible material.

(8)

Notice bulletin boards not over 20 square feet in area for medical, public, charitable, civil or religious institutions, where the same are located on the premises of said institution.

(9)

"No trespassing," "no dumping" or similar signs not to exceed 11/2 square feet in area per sign, spaced evenly along the property, spaced no closer than 250 linear feet, measured along the property line; however, in each case, one such sign will be permitted on each side of the property, regardless of spacing.

(10)

Public notices. Official notices posted by public officers or employees in the performance of their duties.

(11)

Public signs required or specifically authorized by any law, statute or ordinance, which signs may be of any type, number, area, height above grade, location, illumination or animation required by the law, statute or ordinance under which the signs are erected.

(12)

Religious symbols, commemorative plaques of recognized historical agencies or identification emblems of religious orders or historical agencies, provided that no such symbol, plaque or identification emblem shall exceed four square feet in area, and provided further that all such symbols, plaques and identification emblems shall be placed flat against a building.

(13)

Warning signs, alerting the public to the existence of danger but containing no advertising material, of a size as may be necessary, to be removed upon subsidence of danger.

(14)

(Reserved)

(15)

(Reserved)[2]

[2]

Editor's Note: Former Subsection M(15), which included provisions on political signs, was repealed 1-14-2002 by L.L. No. 2-2002.

(16)

At gasoline stations and repair garages:

(a)

Integral graphics or attached price signs on gasoline pumps, and graphics or company identification on island canopies; however, the size or shape of the canopy shall not be modified to expand the same for purposes of additional signage use. This does not exempt canopies from the required reviews and approvals of the Building Inspector and Planning Board.

(b)

Two price, product or promotional signs, each not exceeding 12 square feet (total all faces) or six square feet per side, if located on the pump island, or set not closer than 10 feet from the edge of the roadway pavement, nor exceeding eight feet above grade, nor situated so as to impair visibility for pedestrians or motorists.

(17)

Signs of a temporary nature erected as participation in approved public parades, public events or public celebrations. Such signs shall not be erected or otherwise displayed for more than a total of 20 days, nor three days after the event. Such signs shall not obstruct vehicular or pedestrian sight distance or movement, nor otherwise create a nuisance.

(18)

Banners, pennants and related signs. Banners, pennants, flags not otherwise addressed in § 158-18M(2) and related-type signs will be permitted as special promotion in nonresidential districts only, for a total period not to exceed 30 days in any consecutive twelve-month period, and will be allowed in residential districts in conjunction with an open house or model home demonstration to five days after and not to exceed a total period of 15 days.

(a)

Banners, pennants and related signs pertaining to temporary fairs, carnivals and other events requiring special permission of the Town Board pursuant to the requirements of this chapter shall be addressed within the purview of such Town Board approval.

(19)

Sandwich boards. A-frame or sandwich board, sidewalk or curb-type signs shall not be placed within the public sidewalk, nor shall they be placed within a public thoroughfare nor otherwise placed so as to interfere with pedestrian or vehicular movement, visibility and/or public safety. No more than one sandwich board-type sign may be used for any one building, regardless of how many business establishments may be housed in such structure.

Construction specifications. All signs shall comply with the provisions of the New York State Uniform Fire Prevention and Building Code and the National Electrical Code, or their successor code for the year of latest revision, and the additional construction standards hereinafter set forth in this subsection.

(1)

Obstruction to exits. No signs shall be erected, constructed or maintained so as to obstruct any fire escape, required exit, window or door opening used as a means of egress.

(2)

Obstruction to ventilation. No sign shall be attached in any form, shape or manner which will interfere with any opening required for ventilation, except that such signs may be erected in front of and may cover a transom when not in violation of the provisions of the Uniform Fire Prevention and Building Code.

(3)

Clearance from high-voltage power lines. Signs shall be located in such a way that they maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with National Electrical Code specifications, depending on voltages concerned. However, in no case shall a sign be installed closer than 24 inches horizontally or vertically from any conductor or public utility guy wire.

(4)

Drainage. The roofs of all marquees shall be properly guttered and drained.

Freestanding sign materials. All freestanding sign structures or poles shall be self-supporting structures erected on or permanently attached to concrete foundations.

(1)

Wind loads. All signs except those attached flat against the wall of a building shall be constructed to withstand wind loads as follows (Note: The wind loads set forth below are normal averages and must be adjusted for areas subjected to unusually high-velocity winds, for signs of extraordinary height or for certain wind tunneling effects created by large buildings.):

(a)

For solid signs: 30 pounds per square foot of the total face area of the letters and other sign surfaces.

Sign anchoring. Signs shall be anchored to prevent any lateral movement that would cause wear on supporting members or connections.

Removal and disposition of signs.

(1)

Maintenance and repair. Every sign, including but not limited to those signs for which permits or for which no permits or permit fees are required, shall be maintained in a safe, presentable and good structural, material condition at all times, including the replacement of defective parts, painting, repainting, cleaning, graffiti removal and other acts required for the maintenance of said sign. The Building Inspector shall require compliance with all standards of this chapter. If the sign is not made to comply with adequate safety standards, the Building Inspector shall require its removal in accordance with this subsection.

(2)

Abandoned signs. Except as otherwise provided, any sign which is located on property which becomes vacant and unoccupied for a period of three months or any sign which pertains to a time, event or purpose which no longer applies shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of six months or more. An abandoned sign is prohibited and shall be removed by the owner of the premises.

(3)

Dangerous or defective signs. No person shall maintain or permit to be maintained on any premises owned or controlled by him any sign which is in a dangerous or defective condition. Any such sign shall be removed or repaired by the owner of the premises.

(4)

Unlawful signs. No person shall erect on any premises owned or controlled by him any sign which does not comply with the provisions of this chapter.

(5)

Street improvements projects. Any existing sign projecting over a public right-of-way at the time of the effective date of this provision, which sign was subject to removal or relocation at the owner's expense, pursuant to a permit from the town, shall be removed by the owner or altered at the owner's expense to comply with the regulations of this chapter if, as the result of or after completion of a street improvement project, said sign does not or would not comply with the provisions of this chapter.

Removal of signs by the town.

(1)

The Building Inspector shall cause to be removed any sign that endangers the public safety, such as an abandoned, dangerous or materially, electrically or structurally defective sign or a sign for which no permit has been issued.

(2)

The Building Inspector shall prepare a notice which shall describe the sign and specify the violation involved and shall state that if the sign is not removed or the violation is not corrected within 30 days, the sign shall be removed in accordance with the provisions of this subsection. All notices mailed by the Building Inspector shall be sent by certified mail, return receipt requested. Any time periods provided in this section shall be deemed to commence on the date of the mailing of the certified mail. The notice shall be mailed to the owner of the property on which the sign is located as the ownership as shown on the latest assessment roll for the town. Any person having an interest in the property on which the sign is located may appeal the determination of the Building Inspector ordering removal or compliance by filing a written notice of appeal with the Zoning Board of Appeals within 30 days of the notice.

(3)

In cases of emergency, the Building Inspector may cause the immediate removal of a dangerous or defective sign without notice.

(4)

Any sign removed by the Building Inspector shall become the property of the Town and may be disposed of in any manner deemed appropriate by the town. The cost of removal of the sign by the Town shall be considered a debt owed to the Town by the owner of the property and/or sign and may be recovered in an appropriate court action by the Town or by assessment against the property. The cost of removal shall include any and all incidental expense incurred by the Town in connection with sign removal.

(a)

In cases of nuisance signs, which are clearly of a temporary and nonsubstantial value, including but not limited to paper, cloth, flags or cardboard signs affixed to telephone poles or stuck in the ground, the Building Inspector may remove such signs on the spot or direct the immediate removal of such signs without notice.

Legal nonconforming signs.

(1)

Notification of nonconformance. After the effective date of this section, the Building Inspector shall, as soon as practical, survey the Town for signs which do not conform to the requirements of this chapter. Upon determination that a sign is nonconforming, the Building Inspector shall advise the property owner in writing by certified mail to the owner of the property on which the sign is located as shown on the latest assessment roll for the town, as follows:

(a)

The sign's nonconformity.

(b)

Whether the sign is eligible for characterization either as legal nonconforming or unlawful.

(2)

Signs eligible for characterization as legal nonconforming. Any sign located within the Town on the effective date of this section which does not conform with the provisions of this chapter is eligible for characterization as a legal nonconforming sign and is permitted, provided that it also meets the following requirements:

(a)

The sign was covered by the sign permit or variance on the effective date of this section, if one was required under applicable law.

(b)

If no sign permit was required under applicable laws for the sign in question, the sign was, in all respects, in compliance with applicable law on the effective date of this section.

(3)

Loss of legal nonconforming status. A legal nonconforming designation may be lost in the event that:

(a)

The sign is altered in any way in structure or copy, except for changeable copy signs or normal maintenance replacement due to damage, provided that the replaced portion is a duplicate of the original, which tends to or makes the sign less in compliance with the requirements of this chapter than it was before the alteration.

(b)

The sign is relocated to a location or position making it less in compliance with the requirements of this chapter.

(c)

The sign is replaced.

(d)

On the occurrence of any of Subsection S(3)(a), (b) or (c), the sign shall be immediately brought into compliance with this chapter, with a new permit secured therefor, or shall be removed.

(4)

Legal nonconforming sign maintenance and repair. Nothing in this section shall relieve the owner or user of a legal nonconforming sign, or the owner of the property on which the legal nonconforming sign is located, from complying with the provisions of this chapter regarding the safety, maintenance and repair of signs, however, that any repainting, cleaning and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure or copy in any way which makes it more nonconforming or the sign may lose its legal nonconforming status.

Special exceptions. The intent of this section is to allow certain provisions of this chapter to be modified, where such modification will encourage excellence in the planning and design of signs. Nothing in this section, however, is intended to permit the erection or maintenance of signs which are prohibited by this chapter. In the event that any party wishes to construct or install a sign or signs other than as permitted in this chapter, that party shall be entitled to a hearing before the Zoning Board of Appeals. Governing rules for appeals and use variances required by the Zoning Board of Appeals shall apply.

§ 158-19 Site development plan review.

In all cases where this chapter requires approval of site plans, no building permit or certificate of occupancy shall be issued by the Building Inspector except upon authorization of and in conformity with the plans approved by the Planning Board.

[Amended 12-14-1987 by L.L. No. 5-1987]

(1)

All site plans must be prepared by a New York State licensed design professional.

(2)

All special permit uses require site plan approval from the Planning Board, including the following, which also require special permit approval of the Town Board:

(a)

Family and group care facilities, subject to § 158-21P.

(b)

Institutional and eleemosynary uses, subject to § 158-21Q.

(c)

On-site alcoholic beverage licenses, discotheques, cabarets, dance or live entertainment establishments whether or not incidental or accessory to some other permitted use.

(d)

Cluster developments.[1]

[1]

Editor's Note: Former Subsection A(2)(d), regarding carnivals and similar amusements, was repealed 2-12-2020 by L.L. No. 1-2020. This local law also provided for the redesignation of former Subsection A(2)(e) and (f) as Subsection A(2)(d) and (e), respectively.

(e)

Day care.

[Added 12-12-1994 by L.L. No. 4-1994]

Objectives. In considering and acting upon site plans, the Board shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the residents of the proposed development and of the immediate neighborhood in particular, and may prescribe such appropriate conditions and safeguards as may be required in order that the result of its action shall, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular:

(1)

Traffic access. That all proposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street corners or other places of public assembly; and other similar safety considerations.

(2)

Circulation and parking. That adequate off-street parking and loading spaces are provided to prevent parking on public streets of vehicles of any persons connected with or visiting the use and that the interior circulation system is adequate to provide safe accessibility to all required off-street parking lots.

(3)

Landscaping and screening. That all playground, parking and service areas are reasonably screened at all seasons of the year from the view of adjacent residential lots and streets and that the general landscaping of the site is in character with that generally prevailing in the neighborhood. Existing trees over eight inches in diameter as measured three feet above the base of the trunk shall be retained unless Planning Board approval is obtained to remove them. All storage, parking and loading areas shall be screened from surrounding uses as required by the Planning Board.

[Amended 12-14-1987 by L.L. No. 5-1987; 12-12-1994 by L.L. No. 4-1994]

(4)

Drainage. That all drainage which may be the result of any new construction shall be reasonably contained on subject property or that an acceptable plan be approved by the Planning Board for diversion to an off-site drainage system or watercourse. The downstream effects of site drainage shall be evaluated in accordance with the town's requirements.

[Added 12-14-1987 by L.L. No. 5-1987; amended 12-12-1994 by L.L. No. 4-1994]

(5)

Erosion control. Plans must be presented for an acceptable method and approved by the Planning Board for erosion control during construction and replanting of all disturbed ground following construction.

[Added 12-14-1987 by L.L. No. 5-1987]

(6)

Lighting. That all lighting be erected to avoid direction upon a street, highway, sidewalk or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or a nuisance.

[Added 12-12-1994 by L.L. No. 4-1994]

Effect of site plan approval.

(1)

No building permit shall be issued for any structure covered by this section until an approved site plan or approved amendment of any such plan has been secured by the applicant from the approval authority and presented to the Building Inspector.

(2)

The Board shall require, as a condition of final approval, that an improvement cost estimate be submitted for all site-plan-related improvements shown on the final site plan and as otherwise required by the Town Code. The cost estimate must be based on current and prevailing wage rates and the cost of materials for the completion of such improvements. The cost estimate shall include a statement that the applicant agrees to the improvement cost contained in the statement. The cost estimate shall be reviewed by the Engineer for the Board; and when he is satisfied with the cost estimate, the cost estimate shall be submitted to the Board for its review and acceptance. At such time that a certificate of occupancy is requested for any improvement on the final site plan, performance security shall be filed with the Town to guarantee the completion of any site improvements not then completed. The amount of the performance security shall be based upon the cost estimate submitted to and accepted by the Board for the site plan. The form of the performance security shall be subject to review and approval by the Attorney for the town. Upon completion of the improvements covered by the performance security and upon recommendation of the Board Engineer and approval by the Board, the performance security shall be released to the applicant.

[Amended 10-15-1991 by L.L. No. 1-1991]

Procedure.

(1)

Presubmission conference. Prior to the submission of a site plan, the applicant shall meet in person with the Board. The purpose of such conference shall be to discuss proposed uses or development in order to determine which of the site plan elements listed in Subsection E hereof shall be submitted to the Board in order for said Board to determine conformity with the provisions and intent of this chapter.

(2)

Within six months following the presubmission conference, eight copies of the site plan and any related information shall be submitted to the Building Inspector at least 14 days prior to the Board meeting at which approval is requested, and copies shall also be submitted to the Attorney for the town, Engineer for the town, Planner for the Town and Town Clerk. If not submitted within the six-month period another presubmission conference shall be required.

[Amended 3-12-1984 by L.L. No. 1-1984; 12-14-1987 by L.L. No. 5-1987]

(3)

The Building Inspector shall review each site plan or amendment to determine (to the best of his knowledge) whether the plan meets the requirements of the zoning provisions other than those of this section regarding site plan approval.

(4)

The Building Inspector shall retain one copy and transmit seven copies of the certified site plan to the Chairman of the Planning Board at least seven days prior to the Board meeting at which approval is requested.

[Amended 3-12-1984 by L.L. No. 1-1984]

(5)

The Board may hold a public hearing on the site plan for uses which require only site plan approval not combined with special permit approval. The public hearing will be held in accordance with the procedure contained in Article X of this chapter. The Board shall act to approve or disapprove the final site plan within 90 days after the meeting at which approval is sought or the close of the public hearing, whichever case may apply. Disapproval shall include written findings upon any site plan element found contrary to the provisions or intent of this chapter. In reviewing the application, the Board may secure the advice or assistance of one or more expert consultants to advise whether a proposed use will conform to the requirements of this chapter. A copy of any report from the consultants shall be furnished to the applicant.

[Amended 8-9-1993 by L.L. No. 3-1993]

(6)

Amendments to a site plan shall be acted upon in the same manner as the approval of the original plan.

(7)

The Board may require that site plan approval be periodically approved.

(8)

Fee for site plan review shall be in accordance with the Standard Schedule of Fees of the Town of Cornwall.[2]

[2]

Editor's Note: The schedule referred to is on file in the office of the Town Clerk.

(9)

At the time of site plan approval, and prior to any approved site plan being stamped by the Chair of the Planning Board, the applicant shall submit an approval cost estimate for all key site improvements indicated on the approved site plan and as otherwise required in the Town Code. The cost estimate shall be based on current and prevailing wage rates and cost of materials for completion of the improvements. The estimate shall be signed by the applicant acknowledging that the applicant agrees to the amount set forth. The cost estimate must be approved by the Town Engineer.

[Added 7-12-1999 by L.L. No. 1-1999]

Site plan elements. The applicant shall cause a site plan map to be prepared by a person licensed by the State of New York to prepare site plans. The site plan shall include those of the elements listed herein which are appropriate to the proposed development or use as indicated by the Board in the presubmission conference.

(1)

Legal data.

(a)

Section, plate, block and lot number of the property taken from the latest tax records.

(b)

Name and address of the owner of record.

(c)

Name and address of the person, firm or organization preparing the map.

(d)

Date, North point and written and graphic scale.

(e)

Sufficient description or information to define precisely the boundaries of the property. All distances shall be in feet and tenths of a foot. All angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in 10,000.

(f)

The locations, names and existing widths of adjacent streets and curblines.

(g)

The locations and owners of all adjoining lands as shown on the latest tax records, and also the locations of adjacent wells and/or septics if public water or sewer is not proposed.

[Amended 12-14-1987 by L.L. No. 5-1987]

(h)

Location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjoining the property.

(i)

A complete outline of existing deed restrictions or covenants applying to the property.

(j)

Existing zoning, with zoning bulk tables to be included on the plan.

[Amended 12-14-1987 by L.L. No. 5-1987]

(k)

A vicinity map at a convenient scale, which shall include railroads, streams, the location of the nearest public roads on all four sides, schools, firehouses and recreation areas.

(2)

Natural features.

(a)

Existing contours at intervals of five feet or less, referred to a datum satisfactory to the Board.

(b)

Approximate boundaries of any areas subject to flooding or stormwater overflows.

(c)

Location of existing watercourses, marshes, wooded areas, rock outcrops, isolated trees with a diameter of eight inches or more as measured three feet above the base of the trunk, stone walls and other significant existing features.

(3)

Existing structures and utilities.

(a)

Location of uses and outlines of structures, drawn to scale, within 100 feet of the lot line.

(b)

Paved areas, sidewalks and vehicular access between the site and public streets.

(c)

Locations, dimensions, grades and flow direction of existing sewers, culverts, waterlines as well as other underground and aboveground utilities within and adjacent to the property.

(d)

Other existing development, including fences, landscaping and screening.

(4)

Proposed development.

(a)

The location and dimensions of proposed buildings or structural improvements.

[Amended 12-14-1987 by L.L. No. 5-1987]

(b)

The location and design of all uses not requiring structures, such as off-street parking and loading areas.

(c)

The location, direction, power and time of use for any proposed outdoor lighting, public address system or any other noise-generating activity, whether enclosed or unenclosed.

[Amended 12-10-2012 by L.L. No. 6-2012]

(d)

The location and plans for any outdoor signs.

(e)

The location and arrangement of proposed means of access and egress, including sidewalks, driveways or other paved areas; profiles indicating grading and cross sections showing width of roadway, location and width of sidewalks and location and size of water- and sewer lines.

(f)

Any proposed grading, screening and other landscaping, including types and locations of proposed street trees.

(g)

The location of all proposed waterlines, valves and hydrants and of all sewer lines or alternate means of water supply and sewage disposal and treatment.

(h)

An outline of any proposed easements, deed restrictions or covenants.

(i)

Any contemplated public improvements on or adjoining the property.

(j)

If the site plan only indicates a first stage, a supplementary plan shall indicate ultimate development.

(5)

Any other information deemed by the Board necessary to determine conformity of the site plan with the intent and regulations of this chapter.

When any development of land is proposed to be made and site plan approval is required, before any application for a building permit is made and before the erection of any structure within such proposed site plan shall commence or any grading, clearing, construction or any other improvements undertaken thereon, final approval of such proposed site plan in accordance with the procedures set forth in this chapter must be approved, unless the Planning Board approves grading, clearing, construction or any other improvements prior to the granting of final site plan approval.

[Added 4-10-1989 by L.L. No. 1-1989]

Expiration of site plan approval.

[Added 10-15-1991 by L.L. No. 1-1991]

(1)

Following the approval of a site plan by the Board, the applicant shall have a period of 180 days from the date of the adoption of the Board resolution approving the plan to satisfy all conditions and to secure the stamp and signature of the Planning Board Chairperson. In the event that the applicant does not satisfy the conditions and secure the stamp and signature within the one-hundred-eighty-day period, except as hereinafter set forth, the approval shall automatically expire. The applicant may apply to the Board for not more than two ninety-day extensions of the original one-hundred-eighty-day period to satisfy all conditions of approval and to secure the stamp and signature of the Planning Board Chairperson. Any application for an extension must be in writing and set forth the basis for the request and must be received by the Board during the time period within which the approval is still valid and in force. Before granting such extension, the Planning Board shall require the applicant to appear before it and demonstrate 1) that there have been no significant changes in the neighborhood or the provisions of state law and the Town Code pertaining to the proposed development of the subject property and 2) that the applicant has been actively pursuing such actions as are necessary for satisfaction of conditions of approval.

[Amended 10-4-2021 by L.L. No. 3-2021]

(2)

The applicant shall have not more than 180 days from the date of the Planning Board Chairperson's signature on the site plan to secure a building permit for the construction of improvements on the site. In the event that the applicant fails to secure a building permit within the one-hundred-eighty-day period, the site plan approval shall expire. The applicant may apply, in writing, to the Board for not more than two ninety-day extensions of the original one-hundred-eighty-day period to secure a building permit. The application must include the basis for the request. Any application for an extension must be received by the Board during the time period within which the approval is still valid and in force. Before granting such extension, the Planning Board shall require the applicant to appear before it and demonstrate that there have been no significant changes in the neighborhood or the provisions of state law and the Town Code pertaining to the proposed development of the subject property.

[Amended 10-4-2021 by L.L. No. 3-2021]

(3)

Any site plan which has received final approval from the Board on or before the effective date of this section of the Code shall be deemed to have been approved on the effective date of this amendment to the Code for all time periods set forth in this section.

(4)

Notwithstanding any other provision of this chapter, in the event that a legal challenge is brought to a site plan approval granted by the Planning Board, the time period prescribed herein for satisfying all conditions and securing the stamp and signature of the Planning Board Chairperson, and for securing a building permit for the construction of improvements on the site, shall be stayed for a period of one year from the date of commencement of such litigation or until the date upon which the said litigation is finally terminated, whichever occurs first.

[Added 10-4-2021 by L.L. No. 3-2021]

As a condition of approval the Planning Board may require that a performance guaranty or maintenance guaranty, or both, be posted with the Town to insure the installation of key site improvements and the upkeep of landscaping, screening and safety devices and to insure the proper maintenance of the site improvements installed pursuant to the site plan approval. The performance guaranty and the maintenance guaranty shall be posted when a certificate of occupancy is requested. The amount of the performance guaranty shall cover the cost of any uncompleted improvements on the site plan and shall be in an amount determined by the Town Engineer and approved by the Town Board in a form approved by the Town Attorney. The installation of the improvements secured by the performance guaranty shall be completed not less than two years from the date of the certificate of occupancy unless extended by the Town Board. The maintenance security shall have a term of three years from the date of the certificate of occupancy unless extended by the Town Board.

[Added 7-12-1999 by L.L. No. 1-1999]

There shall be a fee of 4% of the accepted improvement cost estimate for site plan improvements as determined pursuant to § 158-19D(9) paid to the Town at the time the site plan is stamped and signed by the Planning Board Chair.

[Added 7-12-1999 by L.L. No. 1-1999; amended 1-12-2009 by L.L. No. 3-2009]

§ 158-20 Landscaping and environmental control.

The use of living plant material as an adjunct to all uses subject to these regulations shall be mandatory. Landscape materials shall be utilized in a positive manner in all developments for: architectural elements, space articulation, screening, privacy control, erosion control, acoustical control, atmospheric purification, traffic control, glare and reflection control, solar radiation control, wind control, precipitation control and temperature control.

Land area restricted from development coverage by the bulk tables, Column 10,[1] shall be preserved in natural landscape or shall be reestablished to the following general standard: one deciduous or evergreen tree, 3 1/2 inches caliper per 2,000 square feet of area.

[1]

Editor's Note: The bulk tables are included at the end of this chapter.

The area constituting the development coverage (refer to definitions in § 158-3) shall be landscaped to the following general standard: one deciduous or evergreen tree per 5,000 square feet of area; one low-planting species per 10 linear feet of parcel perimeter.

Erosion and sedimentation controls shall be in accordance with Guidelines for Erosion and Sediment Control in Urban Areas of New York State by United States Department of Agriculture Soil Conservation Service and shall be the minimum requirements.

All site plans shall include landscaping information on the general plan except where the Planning Board shall require the submission of a separate landscaping plan prepared by a licensed landscape architect.

[Added 12-12-1994 by L.L. No. 4-1994[2]]

[2]

Editor's Note: This local law also repealed former Subsection D, dealing with uses requiring a site plan review, as amended, and former Subsection E, dealing with the adoption of the publication Plant/People and Environmental Quality.

§ 158-20.1 Limited architectural review.

[Added 7-12-1999 by L.L. No. 1-1999]

The Planning Board shall exercise limited architectural review of subdivision applications in any historic district. The review shall be limited to encouraging compatibility of architectural style of the building line with existing structures in the historic district.

§ 158-21 Supplemental use regulations.

In addition to the use regulations set forth in Article IV, the following specific regulations and standards for uses listed herein shall be the minimum requirements for the protection of the public health, welfare and safety:

Animal kennels (not including stables). The harboring, boarding or training of animals, whether enclosed in a structure or on open land and whether or not accessory to other principal uses of the land, shall be conducted in accordance with the following general standards:

(1)

In issuing the special permit for animal kennels, the permit shall stipulate the maximum number and type of animals to be boarded, harbored or trained.

(2)

In considering the application for a special permit for the animal kennel use, the Planning Board may consider the number, size, breed and temperament of animals to be sheltered and impose reasonable conditions to protect proximate uses, aesthetic impact and safety of the animals sheltered in order to ensure the health, safety and general welfare of the community.

Stables and riding academies.

(1)

The minimum area shall be three acres for the first horse stabled, plus one additional acre for each additional horse. There shall be no stabling of animals or storage or use of manure or other dust-producing substances within a distance of 150 feet of any lot line. Riding trails may be no closer than 50 feet to any lot line, nor shall any riding trail cross a public way, road, street or highway unless by special resolution of the Town Board as set forth in the Vehicle and Traffic Code of the Town of Cornwall.[1] If outdoor lighting is provided for riding areas, the applicable setbacks shall be doubled. All lighting shall be so located as not to be visible at the source from any adjoining property. Screening shall be required between such use and any other nonagricultural use.

[1]

Editor's Note: See Ch. 143, Vehicles and Traffic.

(2)

Public events, demonstrations, horse shows, rodeos or competitive events held in connection with riding academies or stables shall be by separate special permit of the Town Board.

(3)

In passing upon any application for a stable or riding academy, the Planning Board shall consider the drainage, percolation and topography of the proposed site and its proximity to public or private water supplies.

Gasoline service stations. By special permit of the Planning Board, gasoline service stations are permitted, provided that no lot line of any station shall be closer than 200 feet to the nearest lot line of any school, playground, church, hospital, library or institution for the elderly or children. Refer to § 158-9 for restrictions on proximity of other gasoline service stations. As used in this section, the terms "gasoline service stations" and "gasoline service facilities" shall include filling stations as defined in this Code.

[Amended 12-14-1987 by L.L. No. 5-1987; 12-12-1994 by L.L. No. 4-1994]

(1)

Ingress and egress.

(a)

Ingress and egress points for gasoline service facilities shall be located a minimum of 75 feet from the intersection of right-of-way lines of town, state or county roads and not closer than 10 feet to any property line.

(b)

Setback. Pump islands shall be set back at least 30 feet from street lines and property lines.

(c)

(Reserved)

(d)

Gasoline storage tanks shall conform to all federal, state and county regulations.

(2)

Maintenance and operation.

(a)

All vehicles at gasoline service facilities shall be stored within a building when the facilities are not open for business. However, licensed vehicles at gasoline service stations for minor repairs may be left outside for a period not to exceed 72 hours but not parked within any required yard. At no time shall any unlicensed or dismantled automobiles, trucks, tractors, trailers or accessories thereof be outside of a building.

(b)

There shall be no outside storage or display of accessories or portable signs when gasoline service facilities are not open for business.

(c)

Rubbish, oil cans, tires, discarded motor vehicle parts and components and any other waste materials may be stored up to one week in a completely fenced-in opaque enclosure adjacent to the gasoline service facility building but not in any required yard. The area of such enclosure shall not exceed 200 square feet. There shall be no storage at any time of any of the above-mentioned items outside of such enclosure.

(d)

No repair work may be performed out of doors. This does not preclude, however, adding oil to motor vehicles, changing windshield wipers or other similar simple repairs normally performed in conjunction with the sale of gasoline.

(e)

During the hours that a gasoline service facility is open, all cars of employees, customers and tow trucks must be parked only in areas designated on the site plan for such vehicles.

(f)

All landscaped areas designated on the gasoline service facility site plan and/or landscaping plan shall be maintained in a neat and healthy condition.

(3)

Discontinuance of use.

(a)

In the event that a gasoline service facility is abandoned, as determined by the Town Board, the owner, lessee and motor fuel supplier of said gasoline service facility will immediately remove the tanks, gasoline pumps, all identification signs and lighting poles and paint the exterior, if other than brick, a neutral color. In lieu of removing the tanks, said owner and/or lessee shall remove the flammable liquids therefrom and fill all tanks with water for a three-month period only and thereafter with a solid material. The owner and/or lessee shall also provide adequate protection against unlawful entry into the buildings and on the property and shall close all vehicular entrances to the property to prevent the storage of abandoned vehicles thereon.

(b)

After the abandonment of said gasoline service facility is determined as necessary by the Town Board through written notice to the owner, lessee and motor fuel supplier, said owner and/or lessee shall have a period of one year from the date of written notice to petition the Town Board for an alternate commercial use. If the owner and/or lessee has not petitioned said Town Board within the prescribed one-year period and obtained a permit for some other commercial use, then the Town may, on its own petition, require the owner and/or lessee to remove all buildings and structures from the site and level, grade, landscape, seed and maintain the subject property at the owner's and/or lessee's expense.

(c)

In the event of failure to comply with any of the aforementioned within 30 days after the issuance of a written directive to do so by the town, the Town may take such steps as are deemed necessary to enforce these conditions.

(d)

The Zoning Board of Appeals shall be empowered to extend the above-noted time limits for a discontinued use.

(4)

(Reserved)[2]

[2]

Editor's Note: Former § 158-21C(4), Signs, was repealed 7-12-1999 by L.L. No. 1-1999.

(5)

Accessory uses. The sale of cigarettes, candy, soft drinks and other items from vending machines pursuant to the provisions of the Code.

Mechanical automobile washing establishments. Mechanical automobile washing establishments may be permitted by the Planning Board as provided in § 158-9, subject to the following regulations:

(1)

Such establishments shall not be located closer than 100 feet to any residential district boundary line or the nearest lot line of a school, hospital, nursing home or other similar institutional use.

[Amended 12-14-1987 by L.L. No. 5-1987]

(2)

Each establishment shall provide parking/waiting areas equal in number to six times the maximum capacity. Four times the maximum capacity shall be provided for automobiles beyond the exit of the equipment, so situated as to be usable for the hand finishing of the washing process and which shall be no closer than 50 feet to any street right-of-way line. A maximum capacity shall be determined by dividing the equipment line by 20 feet.

(3)

Water supply shall be by an independent well separate and apart from the Town water system and shall, with the disposal of the same, be subject to approval by the Planning Board and Town Engineer.

(4)

Where gasoline service facilities are either a principal use or accessory use with mechanical automobile washing establishments, the requirements of Subsection C hereof shall also be adhered to in granting approval of such uses.

Hotels and motor lodges. Hotels and motor lodges may be permitted by the Planning Board as provided in § 158-9, subject to the following regulations:

(1)

Hotel and motor lodge units shall not contain kitchen facilities of any nature and shall not be used as apartments for nontransient tenants.

(2)

Hotel and motor lodge units shall not contain more than two rooms and shall not be connected by interior doors in groups of more than two.

(3)

An accommodation unit shall not be occupied by more than four adults at any one time.

(4)

There shall be no more than one hotel accommodation unit for each 400 square feet of site area. There shall not be more than one motel accommodation unit for each 2,400 square feet of site area.

(5)

Each hotel or motor lodge room shall have an area of at least 240 square feet, and a hotel or motor lodge unit containing bath and closet facilities shall be not less than 300 square feet. Each hotel or motor lodge unit shall have a bath facility with a shower or bath, one toilet facility and a sink.

(6)

The following accessory uses shall be permitted such that the gross area of the combined accessory uses shall not exceed 20% of the total hotel or motor lodge room area:

[Amended 12-12-1994 by L.L. No. 4-1994]

(a)

One house or apartment with or without kitchen facilities for the use of the hotel or motor lodge manager or caretakers and his family.

(b)

Restaurants and/or coffee shops or cafeterias providing food and drink, provided that such are integral to the hotel or motor lodge.

(c)

Amusements and sports facilities for the exclusive use of hotel guests, including:

[1]

Swimming pool.

[2]

Children's playground.

[3]

Tennis and other game courts.

[4]

Game or recreation rooms.

(d)

Office and lobby, provision of which shall be mandatory for each hotel or motor lodge.

(e)

Meeting and/or conference rooms.

(7)

(Reserved)[3]

[3]

Editor's Note: Former § 158-21E(7), concerning permitted signs for motels, was repealed 7-12-1999 by L.L. No. 1-1999.

(8)

Landscaping requirements of § 158-20 shall be increased by 50% for all motor lodge development.

(9)

The exterior treatment, including colors, textures and materials, of all structures within a hotel or motor lodge development shall be muted and blend into the surrounding landscape or adjacent land uses. Lighting throughout the area shall not exceed 1.5 footcandles (average-reflective method) at ground level except in the case of recreational facilities, which may be illuminated in excess of that standard, provided that opaque screening is utilized to entirely block the reflected glare of the area from adjacent uses.

Mobile home developments. Mobile home developments with site connections to public water supply and sewage disposal may be permitted by the Planning Board as provided in § 158-9, subject to the bulk regulations set forth in § 158-12.

(1)

In granting any permit hereunder, and in addition to the findings required by § 158-40, the Planning Board shall ensure that any mobile home development is adequately buffered or designed into the existing character of the neighborhood. Where no development currently exists adjacent to the proposed mobile home development, the design of such mobile home development will be consistent with the potential uses of adjacent property in accordance with the zoning. Permits under this subsection shall be limited in number in order that at no time will the total number of mobile home dwelling units in the community exceed 2% of the total number of year-round dwelling units. In making such determination, only year-round housing units with full plumbing facilities, as defined by the United States Department of Commerce, Bureau of the Census, and the State of New York, shall be considered.

[Amended 12-14-1987 by L.L. No. 5-1987]

(2)

The total number of mobile home sites or units in any mobile home development will not exceed the number obtained by dividing the gross acreage of the parcel by the per unit site area stipulated in § 158-12. The Planning Board may permit an additional 10% of the number thus obtained where mobile home developments make arrangements acceptable to the Planning Board to restrict occupancy of at least 20% of the total number of mobile home sites to persons 55 years of age or older and not more than one person under the age of 55 years is an occupier of the dwelling. In addition to such occupancy restrictions, adequate design and specialized facilities for senior citizens shall be required for use by such persons.

(3)

Each mobile home site shall comply with the lot, area and yard requirements for single-family dwellings with public water supply and sewage disposal for the district in which such development is located. The Planning Board may, as a condition of approval of the special permit hereunder, permit the approval of smaller sites, provided that no greater density of development is permitted than as set forth in Subsection F(2) and that the bulk requirements are not less than 1/3 the requirement applying to single-family homes, and further provided that the area thus preserved from development is utilized for transition space between conventionally developed areas and for recreation space as set forth in the Town Subdivision Regulations.[4]

[4]

Editor's Note: See Ch. 125, Subdivision of Land.

(4)

Code requirements. Mobile home units shall meet the requirements of American Standards Association Code Provision A-119.1, American Standards for Installation in Mobile Homes of Electrical, Heating and Plumbing Systems, or Mobile Home Manufacturers Association's Mobile Home Standards for Plumbing, Heating and Electrical Systems, and any state-administered code ensuring equal or better standards, and shall have a visible official certification of compliance with such code or codes.

[Amended 12-14-1989 by L.L. No. 5-1987]

(5)

Mobile home stands. The mobile home shall be placed upon a stand consisting of appropriate material properly placed, graded and compacted so as to be durable and adequate for the maximum load anticipated during all seasons. Each mobile home stand shall have attachments for waste disposal and water supply, and the waste disposal and water supply facilities shall be properly connected to the public sewer and water system.

(6)

Each individual mobile home space shall be provided with a four-inch concrete slab on a stable surface of at least 10 feet by 18 feet in size for use as a terrace and so located as to be adjacent and parallel to the mobile home, unless waived by the Planning Board.

(7)

Each individual mobile home space shall contain an underground electrical outlet to which the electrical system of the mobile home can be connected. A weatherproof overcurrent protection device and disconnecting means shall be provided for each mobile home space. Individual mobile home space overcurrent protection devices and disconnecting means and branch services shall be a minimum 100 amperes for service of 220 volts. Branch services shall be installed underground and shall terminate in a weatherproof receptacle located three feet above grade adjacent to the water and sewer outlets provided for each mobile home space. The receptacle shall be of the polarized type with grounding conductor and shall have a four-prong attachment for 110 and/or 220 volts.

(8)

Tenant storage space shall be provided at a minimum of 90 cubic feet per mobile home space, exclusive of space used for fuel oil storage. Such space shall be fully enclosed and located within a convenient distance of the mobile home space it is intended to serve.

(9)

All mobile homes and other structures within the mobile home court site shall be set back at least 50 feet from the right-of-way of any public street and at least 50 feet from the perimeter property lines. No mobile home shall be less than 30 feet from any other mobile home.

(10)

Anchors.

(a)

Anchors and tie-downs shall be placed at least at each corner of the structure, and each shall be able to sustain a minimum tensile force of 2,800 pounds.

(b)

Anchors shall be such as cast-in-place concrete deadmen, eyelets embedded in concrete, screw augers, arrowhead anchors or similar devices.

(11)

Skirting. Each mobile home shall be skirted around the bottom portion with approved metal, wood or other durable material properly ventilated, within 60 days from the date of placement of the unit.

(12)

Landscaping shall be provided equivalent to the standards set forth in § 158-20. All landscaping shall be approved by the Planning Board and properly maintained after planting.

(13)

Awnings may be provided of any size, provided that they are not placed closer than eight feet to an adjacent mobile home lot.

(14)

Access to a mobile home development from a public highway shall be provided by at least two means of egress. All interior roadways shall be developed in accordance with the applicable Town highway specifications.[5]

[5]

Editor's Note: See Ch. A161, Street Specifications for Town Roads.

(15)

Two off-street parking spaces shall be provided for each mobile home site. One such parking space shall be adjacent to or within the required individual mobile home site; the second parking space may be contained in one or more group parking areas.

(16)

Sufficient exterior illumination of the site shall be required to provide convenience and safety. All such illumination shall be shielded from the view of all surrounding properties and streets.

(17)

Fuel supply and storage.

(a)

Liquefied petroleum gas storage containers having a capacity exceeding 125 gallons shall be located not less than 25 feet from the nearest mobile home, structure, building and lot line and be placed underground.

(b)

Supports or standards for fuel storage tanks are to be of a noncombustible material.

(c)

All fuel oil tanks shall be placed at the rear of the mobile home and not located less than five feet from any exit.

(18)

When telephone service is provided to mobile home spaces, the distribution system shall be placed underground.

(19)

Service buildings.

(a)

Service buildings, if provided, housing sanitation facilities shall be permanent structures complying with all applicable ordinances and statutes regulating buildings, electrical installations and plumbing and sanitation systems.

(b)

The service building shall be well-lighted at all times of the day and night, shall be well-ventilated with moistureproof material, which may be painted woodwork, as shall permit repeated cleaning and washing, and shall be maintained at a temperature of at least 68° F. during the period from October 1 to May 1. The floors of service buildings shall be of water-impervious material.

(c)

All service buildings and the grounds of the park 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.

(20)

Fire protection and control.

(a)

Every mobile home park shall be equipped at all times with fire-extinguishing equipment in good working order, of such type, size and number and so located within the park as to satisfy applicable regulations of the fire district within which the mobile home park is located.

(b)

No open fires shall be permitted at any place within the mobile home park, with the exception of outdoor grills used for the preparation of food.

Light manufacturing.

[Amended 12-12-1994 by L.L. No. 4-1994]

(1)

The performance standards of § 158-17 shall be strictly adhered to. All applications under this subsection shall describe in detail the procedures and equipment to be utilized and shall further indicate the anticipated characteristics of the light manufacturing process in the framework of measurements provided by § 158-17.

(2)

All uses, processing and storage shall be within fully enclosed structures, and no tanks, cupolas, vents or other apparatus peculiar to the processing shall be visible outside the approved buildings. The facade of buildings and structures in light manufacturing uses shall be compatible with adjacent development and shall be fully landscaped. The landscaping standards of § 158-20 shall be increased 50% on all sites in light manufacturing uses.

Multiple-residence development. The following standards shall apply to multiple-residence developments constructed after the effective date of this chapter. Existing multiple residences shall not be considered nonconforming or noncomplying by virtue of the following supplementary regulations:

(1)

All multiple-residence developments shall be serviced by approved public sewage disposal facilities and public water supply.

(2)

Access and egress from the proposed development shall be to a public road. Such access and egress points shall be at least 100 feet from any intersection and shall at a minimum meet the same standards as for an equivalent Town road in Chapter A161 of the Code for both construction and sight distance.

[Amended 12-14-1987 by L.L. No. 5-1987; 12-12-1994 by L.L. No. 4-1994]

(3)

No building shall be located within 100 feet of any pond, reservoir, lake or watercourse which is part of a water supply system.

(4)

Number of dwelling units.

[Amended 12-14-1987 by L.L. No. 5-1987]

(a)

The maximum number of dwelling units shall be calculated by dividing the net lot area of the parcel by 10,000 square feet.

[Amended 12-12-1994 by L.L. No. 4-1994]

(b)

There shall not be more than eight units per acre and not more than 11 bedrooms per acre. Three-bedroom-or-larger units shall be limited to a maximum of 25% of the total units.

(c)

For efficiency and one- or two-bedroom units which are designed for use by senior citizens, which units are by separate covenant restricted to such occupancy and use, an additional 25% of the base permitted number of units may be added to the number of units or bedrooms. The placement of such additional housing units shall be integrated into the development phasing, if any phasing is proposed, subject to review and approval by the Planning Board.

[Amended 12-12-1994 by L.L. No. 4-1994]

(5)

Multiple-residence uses shall be buffered from surrounding uses by landscaping and fenced areas occupying the required yards, as directed by the Planning Board.

(6)

Multiple-residence structure design features.

(a)

No multiple-residence building shall be longer than 160 feet.

(b)

No roofline of any structure will exceed 80 feet without a break of at least 5% of the building width.

(c)

No face of any multiple residence shall consist of less than two planes interrupted by a distance of at least 10% of the building width for each four units contained therein.

(d)

Multiple-residence primary structures shall be separated from each other by a minimum of 50 feet. Residential structures shall be deemed to be primary structures.

[Amended 12-14-1987 by L.L. No. 5-1987; 12-12-1994 by L.L. No. 4-1994]

(e)

Provision for enclosed storage of garbage shall be provided. If garbage dumpsters or other containers are provided, they shall be housed within enclosures of a similar appearance to the primary structures, and constructed with the same materials as the primary structures if possible.

[Amended 12-12-1994 by L.L. No. 4-1994]

(f)

Unless waived by the Planning Board, for each two-bedroom-or-larger unit provided, one child play space (seat, apparatus or play space) shall be provided. Usable active and/or passive recreation area of 100 square feet per bedroom shall be provided.

[Amended 12-12-1994 by L.L. No. 4-1994]

(g)

In addition to the standards for landscaping set forth in § 158-20, the ground and vicinity of buildings shall be provided with decorative landscape materials subject to Planning Board approval.

(h)

The Planning Board may request renderings of the proposed structures and shall approve the architectural design and exterior finish of the structures in order to ensure that they are in harmony with any adjacent residential development.

[Amended 12-12-1994 by L.L. No. 4-1994]

(i)

Exterior lighting shall be provided along walks, parking areas and near buildings and shall provide an average 1.0 footcandle, not to exceed 5.0 footcandles measured at ground level. Details of light fixtures and mountings shall be submitted to the Planning Board. Isolux curves of the lighting superimposed on the plan shall be submitted unless this requirement is waived by the Planning Board.

[Amended 12-12-1994 by L.L. No. 4-1994]

(j)

Walks shall be provided throughout the development area that will ensure that drives shall not be required for pedestrian circulation.

(7)

Notwithstanding any financing or governmental assistance requirements, all multiple-residence developments shall conform to the requirements of the United States Department of Housing and Urban Development's Minimum Property Standards-Multifamily Housing, HUD 4910.1, as revised to the date of application.

(8)

A full environmental assessment form under the State Environmental Quality Review Act shall be submitted with any application for approval of a multiple dwelling.

[Added 10-4-2021 by L.L. No. 3-2021]

Hospitals. Hospitals may be permitted provided that there are no facilities for treatment or incarceration of the criminally insane or other institution for the involuntary commitment for psychiatric care or addictive therapy.

[Amended 12-14-1987 by L.L. No. 5-1987; 6-13-2005 by L.L. No. 3-2005; 2-12-2020 by L.L. No. 1-2020]

(1)

Hospitals providing community general hospital care, including outpatient mental health services, but not including drug clinics, chronic disease treatment, extended care facilities and inpatient psychiatric care, are permitted on lots with 1/2 the area and minimum lot width specified in § 158-12, provided that all other requirements are in full compliance with these regulations.

(2)

Homes for the aged, assisted living facilities and senior citizens residences providing only for incidental medical care of ambulatory residents, also known as "adult home," may be permitted on lots with 1/2 the area and minimum lot width as specified in § 158-12. All other forms of nursing home facilities, including extended care facilities, convalescent homes and the like, shall be in full conformance with the requirements of § 158-12.

(3)

The grant of any special permit hereunder shall be conditioned on direct access to a county road or state highway for any facility other than those specified in Subsection I(2). Emergency access routes will not require any use of local residential streets, whether or not presently so developed.

(4)

In addition to approval of a special permit for a hospital, the Planning Board may also allow in separate facilities upon the same or abutting lot offices and facilities for administration, doctors' offices, dispensaries, community mental health centers and the like, provided that such facilities shall observe the setbacks for the principal use from any property line other than property lines which adjoin such hospital. Such facilities need not be in the same ownership.

Planned industrial development groups. In order to facilitate the growth of employment and ensure a viable tax base for the Town of Cornwall and to prevent the conflicts of incompatible industrial uses, planned industrial development groups are permitted, subject to the following:

(1)

Exterior walls of adjacent buildings shall be located no closer than 1.5 times the height of the higher building wall, but in no case closer than 50 feet.

(2)

The standards set forth for light manufacturing uses, Subsection G, shall be adhered to, except that the maximum floor space in one structure may be increased 50%.

(3)

All facilities shall be serviced by approved sewer and water supply systems and the Planning Board may, as a condition of approval of such developments, require the improvement of any necessary services and facilities off-site, including access roads necessary to serve such development.

(4)

Shared commercial accessways may be used to provide access to planned industrial development groups. Public road frontage requirements set forth in the bulk regulations of this chapter shall not apply to planned industrial development facilities fronting on shared accessways. In all cases, dimensions used in determining compliance with zoning bulk, frontage and setback regulations shall be measured from or along the right-of-way lines indicated for the shared commercial accessways.

[Added 12-12-1994 by L.L. No. 4-1994]

Private residential swimming pools. In-ground and aboveground swimming pools are permitted, subject to the following:

(1)

Such pool shall not be located in any required front or side yard and not closer than 20 feet to any rear lot line.

(2)

Pool enclosures shall be provided in compliance with the requirements of any New York State statute, including but not limited to the New York State Uniform Fire Prevention and Building Code.

[Amended 12-12-1994 by L.L. No. 4-1994]

(3)

Every gate or other opening in the fence enclosing such pool shall be kept securely closed and locked at all times when said pool is not in use.

(4)

No loudspeaker or amplifying device shall be permitted which can be heard beyond the bounds of the property or lot where said pool is located.[6]

[6]

Editor's Note: Former Subsection K(4), dealing with the balance of yard area, Subsection K(5), dealing with pool water supply, Subsection K(6) dealing with pool construction and maintenance, Subsection K(8) dealing with screening, and Subsection K(9), dealing with use requirements and certification, were repealed 12-12-1994 by L.L. No. 4-1994. This local law also provided for the renumbering of former Subsection K(7) as Subsection K(4).

(5)

Such pool shall not be closer than 15 feet to any side yard lot line on lots of 100 feet or less in width, and shall not be closer than 20 feet to any side yard lot line on lots of greater than 100 feet in width.

[Added 10-4-2021 by L.L. No. 3-2021]

Animal hospitals and veterinary clinics. Animal hospitals shall be subject to standards for kennels, Subsection A, and stables, Subsection B, if provided thereon, and further:

(1)

All facilities shall be maintained in enclosed structures which shall be of soundproof construction and so maintained as to produce no dust or odors at the property line. Exercise pens and runways shall not be maintained within 300 feet of any lot line.

[Amended 12-14-1987 by L.L. No. 5-1987]

Churches or places of worship. Churches or places of worship designed or intended to serve, be used by or occupied by 20 or fewer persons at any given time shall be permitted subject to the requirements prescribed in Table of Bulk Requirements[7] and a grant of a special use permit and site plan approval. Churches or places of worship designed or intended to serve, be used by or occupied by 20 or more persons at any given time shall be permitted subject to the requirements prescribed in Table of Bulk Requirements and a grant of a special use permit and site plan approval, provided that they have principal frontage with access on a state or county highway or access off an equivalent roadway and they are serviced by approved central sewage facilities and central water facilities. Further, a full environmental assessment form under the State Environmental Quality Review Act shall be submitted with any application for approval of churches or places of worship designed or intended to serve, be used by or occupied by 20 or more persons at any given time.

[Amended 12-14-1987 by L.L. No. 5-1987; 2-12-2020 by L.L. No. 1-2020; 10-4-2021 by L.L. No. 3-2021]

[7]

Editor's Note: Said table is included as an attachment to this chapter.

Earth operations, including quarrying operations for sand, gravel or other aggregate but limited solely to the removal of the product from the earth and its loading for transportation. No washing, screening, crushing or other processing shall be permitted at the site. In addition, the following conditions shall prevail, provided that when a mining and restoration requirement is more stringent, the Department of Environmental Conservation requirement will take precedence.

[Amended 12-14-1987 by L.L. No. 5-1987]

(1)

No permit shall be valid for a period of more than three years.

(2)

The applicant shall file a proposed plan for site rehabilitation and shall post a performance bond in form satisfactory to the Town Attorney and the Town Board in a sum sufficient to secure such rehabilitation. If a bond has been posted with the Department of Environmental Conservation, the Town Board may waive the posting of an additional bond.

[Amended 12-14-1987 by L.L. No. 5-1987]

(3)

Rehabilitation of any worked-out areas shall be commenced notwithstanding that quarrying operations are still in progress at the site, provided that such rehabilitation shall not unduly interfere with continued operations.

(4)

The proposed operation shall not adversely affect soil fertility, drainage and lateral support of abutting land or other properties, nor shall it contribute to soil erosion by water or wind.

(5)

All machinery shall be electrically operated, except for bulldozers, shovels and other equipment used for excavation, collection of material, loading or hauling.

(6)

There shall be no operations of any kind on Sundays or public holidays. Within 1,000 feet of any residence, there shall be no operation on weekdays between 7:00 p.m. and 7:00 a.m. except by special permission of the Zoning Board of Appeals.

(7)

Where any open excavation will have a depth of 10 feet or more and create a slope of more than 30° with the horizontal, there shall be a substantial fence at least six feet high with suitable gates effectively blocking access to the area in which such excavation is located. Such fence shall be approved by the Planning Board and be located 50 feet or more from the edge of the excavation. All operations shall be screened from nearby residential uses.

(8)

The slope of material in any excavation shall not exceed the normal angle of repose or 45°, whichever is less.

(9)

That portion of access roads within the area of permit and located within 500 feet of a lot line of an excavation operation shall be provided with a dustless surface.

(10)

The top of the natural slope in cut for any excavation and any mechanical equipment shall not be less than 50 feet from any lot line.

(11)

After any such operation, the site shall be made reusable for a use permitted in the district. Where topsoil is removed, sufficient arable soil shall be set aside for retention on the premises and shall be respread over the premises after the operation. The area shall be brought to final grade by a layer of earth of two feet or original thickness, whichever is less, capable of supporting vegetation. Fill shall be of suitable material approved by the Planning Board and shall consist of clean, noncombustible material containing no garbage, refuse or deleterious matter.

(12)

Proper measures, as determined by the Planning Board, shall be taken to minimize the nuisance of noise and flying dust or rock. Such measures may include, when considered necessary, limitations upon the practice of stockpiling excavated materials upon the site.

(13)

At all stages of operations, proper drainage, subject to approval of the Town Engineer, shall be provided to prevent the collection and stagnation of water to prevent harmful effects upon surrounding properties.

(14)

Before site plan approval is granted, the owner or his agent shall execute a certified check made payable to the Town of Cornwall or a bond sufficient in the opinion of the Planning Board to secure the rehabilitation of the site in accordance with the approved site plan. Any such bond shall be approved by the Town Board as to form, sufficiency and manner of execution and shall run for the same term as the term of the site plan approval. The amount of such bond may be reduced when, in the opinion of the Planning Board, upon a public hearing, a lower amount will be sufficient to accomplish its purposes. In the event that the owner or his agent does not fulfill the conditions of the bond, the Town shall, after due notice to the operator and to his bonding or surety company and upon their failure to comply with the terms of the site plan approval, proceed to rehabilitate the premises in accordance with the plan prescribed in Subsection N(2) above, either with its own forces or by contract, and shall charge the costs to the owner, his agent or the bonding or surety company. If a bond has been posted with the Department of Environmental Conservation, the Town Board may waive the posting of an additional bond.

[Amended 12-14-1987 by L.L. No. 5-1987]

(15)

Fees for the special permit, site plan approval and an inspection fee based upon the proposed annual yield in cubic yards shall be payable in accordance with the Standard Schedule of Fees of the Town of Cornwall.[8]

[8]

Editor's Note: A schedule of fees is on file in the office of the Town Clerk.

Health clubs. Health clubs operated wholly or in part outdoors shall be subject to the following regulations:

[Amended 12-12-1994 by L.L. No. 4-1994; 2-12-2020 by L.L. No. 1-2020]

(1)

Lighting. If outdoor lighting is provided, the applicable setback requirements shall be doubled. All lighting shall be located so as not to be visible at the source from any adjoining property. Floodlights on poles not less than 75 feet from any property line, directed toward the center of property and shielded from any nearby residential areas, shall be deemed to comply with the latter regulations.

(2)

Noise. In addition to compliance with the provisions of the Town Code's chapter regarding noise, all health clubs shall be subject to such additional and further noise requirements as the Planning Board shall reasonably require to ensure minimization of adverse impacts on neighboring properties.

Family and group-care facilities. Family and group-care facilities may be permitted by special permit of the Town Board as provided in § 158-9, subject to the following standards:

[Amended 2-12-2020 by L.L. No. 1-2020]

(1)

Such facilities shall in all cases comply fully with the licensing requirements of the State Department of Mental Hygiene or other designated authority.

(2)

In order to prevent the concentration of family and group-care facilities and impaction of a neighborhood by a concentration of these facilities, the Town Board shall exercise care in considering such special permit application in order that the total population of such facilities shall in no case exceed the expected conventional residency of the structure or structures in which such use is to be conducted.

(3)

The total population of such facilities in aggregate shall not exceed 1% of the total population of any census tract in which located.

(4)

The Town Board may require as a condition of approval any safeguards necessary to protect the character and value of lands in the area, including a requirement for reservation of lands or funds to increase public recreation facilities supportive of such facilities. Additionally, where such facilities are eligible for tax exemption, the approval of such special permit may be conditioned on an equitable payment of fees in lieu of taxes representing the real costs of public services to such facilities.

Social hall for fraternal organization. The Planning Board shall consider the compatibility of such uses with surrounding land uses, and in addition to other factors, shall consider the following: the generation of traffic, noise, odors, solid waste, and such other factors as the Planning Board may determine to be associated with such use, and the time and frequency and duration of such use.

[Amended 12-12-1994 by L.L. No. 4-1994; 2-12-2020 by L.L. No. 1-2020]

(1)

In addition to compliance with the provisions of the Town Code's chapter regarding noise, all social halls for fraternal organizations shall be subject to such additional and further noise requirements as the Planning Board shall reasonably require to ensure minimization of adverse impacts on neighboring properties.

(Reserved)[9]

[9]

Editor's Note: Former Subsection R, regarding dormitories and fraternity houses, as amended, was repealed 2-12-2020 by L.L. No. 1-2020.

Arcade. Arcades are permitted subject to the following supplemental regulations:

[Added 12-12-1994 by L.L. No. 4-1994]

(1)

There must be at least one person present to supervise said facility whenever the facility is in operation.

(2)

The exterior of the establishment and its site shall be designed so as not to promote the congregation of people.

Rental trucks and trailers.

[Added 12-12-1994 by L.L. No. 4-1994]

(1)

Rental trailers. An additional 100 square feet of area shall be provided for each rental trailer. Not more than 10 rental trailers shall be stored on a site at one time. Storage shall be to the rear of the front building line.

(2)

Rental trucks. An additional 200 square feet of area shall be provided for each rental truck. Not more than eight trucks shall be stored on a site at any one time. Storage shall be to the rear of the front building line.

(3)

Rental combination. When both trailers and trucks are offered for rental, not more than 12 units total shall be located on a site at any one time.

Bed-and-breakfast residences are permitted accessory uses in residential districts subject to site plan approval and the following supplemental regulations:

[Added 12-12-1994 by L.L. No. 4-1994]

(1)

The operator of the bed-and-breakfast residence establishment shall be an owner of the property and an occupant of the single-family residential dwelling to which the guest rooms are accessory.

(2)

Bed-and-breakfast residences shall be permitted accessories only to single-family detached dwellings. However, in no case shall bed-and-breakfast residences be permitted as an accessory to a single-family detached dwelling having physical road access only to a private road. The driveway serving the bed-and-breakfast residence shall have direct physical access to a public road.

(3)

Full vehicular turnaround for the single-family detached dwelling and the bed-and-breakfast residence shall be provided, unless the Planning Board waives such turnaround requirement for lots having frontage on an access to a minor street.

(4)

The establishment and operation of the bed-and-breakfast residence shall not alter the appearance of the residence structure as a single-family detached dwelling.

(5)

Not more than three bedrooms of the single-family detached dwelling shall be permitted to be used for rental purposes. Upon conversion of any portion of floor area in the single-family residential dwelling to a bed-and-breakfast residence establishment, the dwelling shall retain at least one bedroom for the exclusive use for the owner of the dwelling to which the bed-and-breakfast residence is accessory.

(6)

Room rental shall be for transient usage only. There shall be a limit of not more than 14 consecutive days for the length of stay by any guest.

(7)

The sanitary and water supply systems serving the dwelling shall be found to be adequate to meet the needs of the dwelling, together with the bed-and-breakfast residence use, and adequate waste enclosures shall be provided to contain the solid waste generated by the use.

(8)

Parking shall be provided to meet the residence requirement, together with one additional space for each bed-and-breakfast bedroom.

(9)

Hard-surfaced walkways equipped with low-level lighting shall be provided from the parking spaces to the bed-and-breakfast residence entrance.

(10)

If any outside recreation or any other exterior improvements exist or are planned to be constructed for use of the guests of the bed-and-breakfast residence, those improvements shall be part of the approved site plan.

(11)

Food service shall be limited to those renting rooms.

Bed-and-breakfast inns are permitted only as special permit uses in all residential districts, subject to the following supplemental regulations:

[Added 12-12-1994 by L.L. No. 4-1994]

(1)

The bed-and-breakfast inn is not required to be the principal residence of the operator of the same, although the principal residence of the operator may be permitted to be included within the bed-and-breakfast inn. In the event that the bed-and-breakfast inn does not serve as the principal residence of the operator, the Planning Board shall require that adequate supervision be provided for such use. The bed-and-breakfast inn shall provide a reception/office area, which area is not required to be a room that is dedicated solely to that purpose, provided that such area is not within the confines of a rental guest room.

(2)

The number of guest rooms permitted for rental in a bed-and-breakfast inn shall be limited to 14 rooms.

(3)

The appearance of the bed-and-breakfast inn shall be compatible and consistent with the appearance of the residences in its immediate neighborhood.

(4)

Bed-and-breakfast inns shall be permitted accessory uses only to single-family detached dwellings. In no case shall bed-and-breakfast inns be permitted where physical road access is only to a private road. The driveway serving the bed-and-breakfast inn shall have direct physical access to a public road.

(5)

Full vehicular turnaround for the bed-and-breakfast inn shall be provided.

(6)

Room rental shall be for transient usage only. There shall be a limit of not more than 14 consecutive days for the length of stay by any guest.

(7)

The sanitary and water supply systems serving the structure shall be found to be adequate to meet the needs of the bed-and-breakfast inn use, and adequate waste enclosures shall be provided to contain the solid waste generated by the use.

(8)

Parking shall be provided to meet the residence requirement, if applicable. In addition, one space for each full-time employee, together with 1.25 additional spaces for each bed-and-breakfast bedroom or suite shall be provided.

(9)

Hard-surfaced walkways equipped with low-level lighting shall be provided from the parking spaces to the bed-and-breakfast inn entrance.

(10)

If any outside recreation or any other exterior improvements exist or are planned to be constructed for use of the guests of the bed-and-breakfast inn, those improvements shall be part of the approved site plan.

(11)

Food service shall be limited to those guests renting rooms at the bed-and-breakfast inn, unless otherwise specifically approved by the Planning Board.

Day-care centers.

[Added 12-12-1994 by L.L. No. 4-1994]

(1)

A buffer landscape strip shall be required by the Planning Board in order to protect play yards from dust, dirt and noise as well as to screen and protect adjacent properties from any site-generated noise. The landscaped strip shall be densely planted in shrubs or trees to create an opaque screen. No plantings shall cause an interference with required lines of sight for entry and exit drives.

(2)

Outdoor play areas shall be provided with a minimum space of 40 square feet per design child. Play areas shall include turf grass areas and space for play equipment and circulation. Play areas shall not exceed 10% in slope.

(3)

Fencing not less than four feet high shall be required in addition to a buffer strip, unless it can be demonstrated to the satisfaction of the Planning Board not to be necessary for the protection of health and safety. Only a day-care center which is on a local road may apply for the waiver.

[10]Cannabis establishments.

[Added 7-23-2021 by L.L. No. 1-2021[11]]

(1)

Retail sales of cannabis. The retail sale of cannabis within the unincorporated portion of the Town of Cornwall is a prohibited use.

(2)

Establishments for on-site consumption. Establishments for on-site consumption of cannabis, whether by smoking, ingestion, or other means, are a prohibited use within the unincorporated portion of the Town of Cornwall.

[10]

Editor's Note: Former Subsection X, regarding planned adult communities, added 6-13-2005 by L.L. No. 3-2005, was repealed 2-12-2020 by L.L. No. 1-2020.

[11]

Editor’s Note: This local law was subject to permissive referendum; no valid petition was received.

Wind turbines.

[Added 3-8-2010 by L.L. No. 3-2010]

(1)

Purposes. The Town Board of the Town of Cornwall wishes to promote renewable energy resources by permitting residential and commercial wind turbines and limiting their location to protect the public health, safety and welfare.

(2)

Definitions. As used in this Subsection Y, the following terms shall have the meanings indicated:

APPLICANT

The individual seeking approval to construct, operate and maintain a residential or commercial wind turbine. An applicant must be either the property landowner or a lessee. If a lessee, the written consent of the property landowner must be provided as part of a complete application.

SHADOW FLICKER

A potential visual impact caused when the blades of the turbine rotor cast shadows that move across the ground and nearby structures.

WIND TURBINE FACILITY

A residential or commercial wind turbine, including all related infrastructure, electrical lines and substations, access roads and accessory structures necessary to operate said wind turbine and transmit the electrical power which is generated. residential or commercial wind turbines are not classified as public utilities.

WIND TURBINE HEIGHT

The total height of the structure including blades, above the existing ground level.

WIND TURBINES, RESIDENTIAL OR COMMERCIAL

A wind turbine that provides electrical or mechanical power to an individual residence, operating farm or single commercial enterprise and can be either the primary or a secondary source of energy. Sale or credit of excess electricity to the utility grid is permitted as a tertiary use.

(3)

Required approvals.

(a)

Special use permit. Applicants shall submit an application and be required to obtain special use permit approval from the Town of Cornwall Planning Board to install or operate a residential or commercial wind turbine.

(b)

Site plan.

[1]

Applicants shall submit an application and be required to obtain site plan approval from the Town of Cornwall Planning Board before a building permit may be issued for the construction or operation of a residential or commercial wind turbine in the Town.

[2]

A site plan drawn in sufficient detail to show the following shall be required:

[a]

Location of the wind turbine(s) on the site and the tower height, including blades, rotor diameter and ground clearance.

[b]

Utility lines, both above and below the ground, within a radius equal to the proposed tower height, including blades.

[c]

Property lot lines, lot size, and location and dimensions of all existing structures and uses on site within 500 feet of the wind turbine facilities.

[d]

Surrounding land use and all structures within 1,000 feet of the location of towers.

[e]

Dimensional representation of the various structural components of the tower construction, including base and footing.

[f]

Design data indicating the basis of design, including manufacturer's dimensional drawings and installation and operation instructions.

[g]

Certification by a registered professional engineer that the tower design is sufficient to withstand wind-load requirements for structures as established by the New York State Uniform Fire Prevention and Building Code.

[3]

A written narrative describing the application and how the proposed wind turbine will be constructed, operated, and maintained shall be required as part of a complete application.

[4]

Manufacturer information and specifications for the proposed wind turbine shall be required as part of a complete application.

[5]

A written narrative describing the eventual decommissioning of the wind turbine that describes the anticipated life of the wind turbine, the estimated decommissioning costs, the method for insuring funds will be available for decommissioning and restoration of the site shall be required as part of a complete application.

[6]

The Planning Board may require any further information it finds necessary to review the application.

(4)

Environmental review.

(a)

Compliance with the State Environmental Quality Review Act shall be required. Applicants shall be required to prepare and submit a short-form Environmental Assessment Form; however, the Planning Board may subsequently require the applicant to submit a completed Part I of a full Environmental Assessment Form if deemed necessary, together with any other such additional analyses as may be required by the Planning Board.

(b)

For any wind turbine proposed within the Ridge Preservation Overlay District (RPOD), the applicant shall submit a visual impact analysis conforming to the requirements of the visual impact analysis guidance established by the New York State Department of Environmental Conservation. The Planning Board may deny approval for any wind turbine within the RPOD upon its finding that there will be a significant adverse impact on the environment, and that such impact has not been adequately mitigated by the applicant.

(c)

Depending on the location of a proposed wind turbine in relation to surrounding properties, the Planning Board may require an assessment and mitigation of potential impacts caused by shadow flicker.

(d)

The Planning Board may deny any application for a wind turbine when the Planning Board finds that a wind turbine would cause an environmentally deleterious effect on neighboring residences, including, but not limited to, a finding that unacceptable visual and noise impacts would result from the approval.

(5)

Review standards. In addition to the bulk area requirements and the criteria set forth in Town Code §§ 158-19B and 158-41B, the following supplementary standards shall govern the siting and use of residential and commercial wind turbines in the Town of Cornwall:

(a)

Bulk area requirements.

[1]

All residential or commercial wind turbines shall meet or exceed the following bulk area requirements:

[a]

Maximum height: 100 feet, as measured at the proposed location from the ground to the edge of a blade extended vertically.

[b]

Setbacks, ice and blade throw: Setbacks from adjacent property lines, rights-of-way, easements, public ways or power line (not to include individual residential feed lines) shall be 1 1/2 times the maximum structure height.

[c]

Setbacks, anchor points: Setbacks for any wind turbine tower from any property line shall be a distance of 50 feet from any anchor point for guy wires or cables.

[d]

Number of residential or commercial wind turbines allowed per site: one. However, two wind turbines shall be allowed for sites with more than 500 acres in common ownership.

[e]

Permitted tower types: Wind turbines may be either a freestanding monopole, guyed pole, or roof mounted. No lattice poles shall be permitted.

[f]

A minimum lot size of two acres is required to construct a wind turbine.

[2]

Residential or commercial wind turbine location is not restricted to rear or side yards. The Planning Board shall address location on lot during site plan review.

(b)

Noise level limit. Residential and commercial wind turbines shall be located with relation to property lines so that there shall be no significant change to the total level of noise, as measured at the boundaries of all of the closest parcels that abut the site parcel and are not owned by the applicant.

(c)

Tower requirements. All guy wires or cables shall be marked with high-visibility orange or yellow sleeves from the ground to a point 10 feet above the ground.

(d)

Lighting. No wind turbine tower shall be lighted artificially unless such lighting is required by a state or federal agency. Use of nighttime, and overcast daytime condition stroboscopic lighting to satisfy tower facility lighting requirements for the Federal Aviation Administration shall be subject to on-site field testing before the Planning Board, as a prerequisite to approval, with consideration of existing residential or commercial uses within 2000 feet of each tower for which such strobe lighting is proposed.

(e)

Soil samples. Soil analysis for tower installation must be conducted to meet the minimum standards as specified by the wind turbine manufacturer and to ensure that the turbine is designed to meet local engineering standards.

(f)

Broadcast interference.

[1]

No individual tower facility shall be installed in any location along the major axis of an existing microwave communications link where its operation is likely to produce electromagnetic interference in the links operation.

[2]

No individual tower facility shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antenna (including residential reception antenna) for radio, television, or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception.

[3]

The recipient of the special use permit must correct any unforeseen interference to the satisfaction of the Code Enforcement officer within 60 days of notification to the recipient of any such complaint.

(g)

Specifications.

[1]

Kilowatt limit: 100 kilowatts.

[2]

Color: Residential and commercial wind turbine color will be determined by the manufacturer with the Planning Board's approval. No painting or other color alterations are permitted unless an agency of the state or federal government mandates a specific color.

[3]

Structure: solid tube.

[4]

Ice buildup sensors: Ice buildup sensors are not required for residential or commercial wind turbines.

[5]

Connecting lines: All power transmission distribution lines from the electricity generation facilities shall be underground from the wind turbine to the collection station. All other circumstances would be reviewed during the site plan review process.

[6]

Blade-to-ground distance: The lowest portion of the blade may not be closer than 30 feet to the ground.

[7]

Fencing and signage: Access to the tower shall be limited by secured entry to the tower base. This shall be accomplished by removing the climbing foot rungs on the lower 10 to 12 feet of the tower or by fastening sheet metal to the lower 10 to 12 feet of the tower to cover all hand or foot holds. Each tower must display "Danger--High Voltage" or "Caution--Electric Shock Hazard" signs. Fencing of the tower is not permitted.

[8]

Limit tip speed: No wind turbines shall be permitted that lack an automatic braking, governing, or feathering system to prevent uncontrolled rotation, over speeding, and excessive pressure on the tower structure, rotor blades, and turbine components.

[9]

Landscaping: Upon completion of installation, the site shall be returned as close as possible to its natural state. Seeding of disturbed areas is a minimum. The Planning Board may require screening of wind turbine facilities as part of the site plan approval.

[10]

Standards and certifications.

[a]

The applicant shall show that all applicable manufacturers', New York State, and United States standards for the construction, operation and maintenance of the proposed wind turbine have been met or are being complied with. Wind turbines shall be built, operated and maintained to applicable industry standards of the Institute of Electrical and Electronic Engineers (IEEE) and the American National Standards Institute (ANSI). The applicant for a wind turbine special use permit shall furnish evidence, over the signature of a professional engineer licensed to practice in the State of New York, that such wind turbine is in compliance with such standards.

[b]

The applicant shall show that all applicable manufacturers', New York State and United States standards for the construction, operation and maintenance of the proposed wind turbine have been or are being complied with.

[c]

Certification is required by a registered professional engineer that the tower design is sufficient to withstand wind-load requirements for structures as established by the Building Code of New York State.

(h)

Operating considerations and requirements.

[1]

Removal if not operational.

[a]

Any wind turbine, which has been out of active and continuous service for a period of one year, shall be removed from the premises to a place of safe and legal storage, recycling or disposal. Any and all structures, guy cables, guy anchors and/or enclosures accessory to such wind turbine shall also be removed. The site shall be restored to as natural a condition as possible. Such removal shall be completed within one year of the cessation of active and continuous use of such wind turbine. In the event the owner fails to remove the wind turbine within the prescribed time period, the wind turbine shall be classified as a nuisance and treatment of it as such under Chapter 115, Property Maintenance, may result.

[b]

If transmission/distribution service from a wind turbine has been discontinued for a period of six months, then the owner of said wind turbine must notify the Code Enforcement Officer within 30 days; that is six months and 30 days from the last date of service.

[c]

The owner of a wind turbine, after such application has been approved and before a building permit is issued, shall submit a letter of credit or other acceptable surety sufficient to ensure the removal if the use of the wind turbine is discontinued.

[2]

Buildings and grounds maintenance. Any damaged or unused parts shall be removed from the premises within 30 days or kept in a fenced designated storage area or legally disposed of. All maintenance equipment and spare parts shall also be kept fenced in a designated storage area. Oil shall be disposed of legally.

[3]

Ownership changes. If the ownership of a wind turbine operating under a special use permit changes, the special use permit shall remain in force. All conditions of the special use permit, including bonding, letters of credit or continuing certification requirements of the original owner shall continue to be obligations of succeeding owners. However, the change in ownership shall be registered with the Code Enforcement Officer.

[4]

Modifications. Any and all modifications, additions, deletions or changes to wind turbines that operate under a special use permit, whether structural or not, shall be subject to the Planning Board's approval of an amendment of the special use permit, except that such amendment shall not be required for repairs which become necessary in the normal course of use of such wind turbine.

[5]

Inspection report. An inspection report prepared by the turbine supplier/manufacturer licensed in the State of New York will be required at the time of installation and every three years thereafter. The inspection report required at the time of installation and thereafter will be for the structure and the electronics and will be given to the Code Enforcement Officer.

[6]

No part of the wind turbine, including the tower and blades, shall be used for the display of any advertising, flags, streamers, or any other decorative items.

(i)

Waiver of requirements. The Planning Board, in its sole discretion, may waive or modify the requirements of this Subsection Y, upon good cause shown, and upon a showing and determination that such wavier or modification will not adversely effect the public health, safety, or welfare.

§ 158-22 Public communications facilities. [1]

[Added 4-13-1998 by L.L. No. 3-1998]

the Town of Cornwall recognizes the need to provide for the siting of telecommunications facilities for the transmission and reception of radio and telecommunications within the town, to provide, among other things, for the communication needs of emergency services. At the same time, the Town wishes to ensure that the placement of such facilities be done in a way to minimize adverse impacts, in particular adverse impacts affecting historic, cultural or visual resources, consistent with providing the necessary services to the town. The Town understands that the issue of potential health and safety effects of radio frequency emissions which meet federal regulatory standards is outside of the town's jurisdiction.

The Town desires to preserve the aesthetic, visual and community character within and throughout the Town and, in particular, desires to preserve the unique scenic and visual qualities within selected areas of the Town which are of exceptional importance, in a manner that is consistent with the Federal Telecommunications Act of 1996. Areas of high visual and aesthetic sensitivity include lands within the viewshed of the Storm King Art Center, lands within the Schunnemunk Mountain Agricultural/Scenic Area as shown on the Town of Cornwall Master Plan, lands within the Black Rock Forest and its viewshed, including the portion of New York State designated Scenic Byway on Route 9W located between Angola Road and the intersection of Route 9W with Route 218, as well as lands within view of historically or culturally significant properties, including National or State Historic Register or Register-eligible properties.

The Town notes the potential for significant visual incompatibility between tall and highly visible structures such as public utility communications towers and devices mounted thereon, and areas of high visual and aesthetic sensitivity. At the same time, the Town also recognizes that the placement of public utility communications towers may be needed within selected areas of the town, notwithstanding their potential visual incompatibility with the surrounding aesthetic and community character of the town, in order to provide vital utility services within the Town and the surrounding region. Accordingly, the Town Board has provided for the needs of public utility communications within the Town by the adoption of this section.

Definitions. As used in this section, the following terms shall have the meanings indicated:

COLLOCATION

(1)

The placement of a new public communications transmission or reception device on another existing public communications utility tower.

(2)

The placement of a new public communications utility tower in the same location to replace an existing tower to support an existing public communications transmission or reception device and/or a new transmission or reception device in addition to a new transmission or reception device.

(3)

The placement of a new, additional public communications tower on the same site as a previously existing one.

PUBLIC COMMUNICATIONS UTILITY TOWER

A support structure for antennas having a location on the ground and including any and all accessory equipment, buildings, structures, utilities and access roads supplying commercial personal wireless communications for the public. A public communications utility tower does not include ham radio or citizens band radio antennas.

STRUCTURALLY MOUNTED

The placement of a public communications utility transmission or reception device on any existing structure other than tower constructed specifically for that purpose. Examples of such existing structure shall include but not be limited to the following: a silo, water tower, bell tower, church steeple, sign, bridge or fire tower.

Special permit procedure for § 158-22.

(1)

The construction or erection of new radio antennas, radio towers and other public communications utility towers and equipment mounted thereon and/or the reconstruction, addition or alteration to existing towers, antennas and equipment mounted thereon used to send, receive and relay wireless communications transmissions shall constitute a special permit use in all zoning districts of the Town and shall be subject to the provisions of Article X of Chapter 158, except as modified by the provisions of this section. Public communications utility towers may be specially permitted on any lot, regardless of whether or not there is an existing use of such lot.

(2)

(3)

The applicant requesting to site a public utility communications device shall constitute an entity which is engaged in the supply of commercial communications services to the public. Any public utility communications device to be located within the Town shall fully conform to the Federal Communications Commission's current regulations and requirements concerning radio frequency emissions, as the same may be amended from time to time.

(4)

The Town encourages the collocation of public communications facilities, recognizing that collocation at a suitable site reduces the potential impacts that may be associated with a proliferation of such sites across the town. The Town therefore has established an expedited review procedure for such applications as follows:

(a)

The applicant shall demonstrate that the supporting structure is structurally sufficient to provide for an additional facility or, in the alternative, can be modified to do so.

(b)

The applicant shall demonstrate that access, parking and other existing site facilities are sufficient to meet its needs or, in the alternative, the same shall be modified to do so.

(c)

In the event that a new or a reconstructed or an additional tower or support structure is proposed for the site, the applicant shall demonstrate that the lot size is sufficient pursuant to the safety considerations set forth in Subsection H of this section, in which case no additional lot area or setback requirements shall apply.

(d)

In the event that a new or a reconstructed or an additional tower or support structure is proposed for the site, the Planning Board may require a visual impact assessment to evaluate the potential visual impacts of the new or additional element, subject to the guidelines set forth in this section. The Planning Board shall waive any requirements of the Town of Cornwall Code, including the public hearing requirement, where it shall determine that the same are not relevant to the review of such collocated facility. Planning Board review of collocated facilities pursuant to this section shall be strictly limited to those elements which are proposed to be changed. The provisions of this section shall supersede the provisions of Town Law § 274-b(6) which require a public hearing for special use permits, pursuant to the provisions of Municipal Home Rule Law § 10(1)(ii)(d)(3).

[Added 7-12-1999 by L.L. No. 1-1999]

The Town encourages the structural mounting of public communications facilities, recognizing that structural mounting on an existing structure may reduce the potential impacts that may be associated with a proliferation of new support structures in the town. The Town therefore has established an expedited review procedure for such applications as follows:

(1)

The applicant shall demonstrate that the structure on which its communications device is to be mounted is structurally sufficient to support the proposed installation or, in the alternative, can be modified to do so.

(2)

The applicant shall demonstrate that the access, parking and other existing site facilities are sufficient to meet its needs or, in the alternative, the same shall be modified to do so. No lot area or setback requirements shall apply to structurally mounted facilities, except for any equipment or buildings installed at grade.

(3)

The Planning Board may require a visual impact assessment to evaluate the potential visual impacts of the structurally mounted facility. The Planning Board shall waive any requirements of the Town of Cornwall Code, including the public hearing requirement, where it shall determine that the same are not relevant to the review of such structurally mounted facility. Planning Board review of structurally mounted facilities pursuant to this section shall be strictly limited to those elements which are proposed to be changed. The provisions of this section shall supersede the provisions of Town Law § 274-b(6) which require a public hearing for special use permits, pursuant to the provisions of Municipal Home Rule Law § 10(1)(ii)(d)(3).

[Added 7-12-1999 by L.L. No. 1-1999]

(a)

The applicant shall demonstrate that the proposed structurally mounted public communications utility device will not pose a threat to public health or safety as a result of falling or blowing ice and/or other debris, and that public access has been restricted, consistent with and considering the use of the facility on which the device is proposed to be structurally mounted.

An applicant shall endeavor to collocate or structurally mount its facility pursuant to the requirements of this section. In the event that an applicant proposes to construct a new facility, the applicant shall demonstrate to the Planning Board that it has considered the use of existing public communications facilities and other structures within a one-half-mile radius of the proposed new facility, or a smaller radius if the same can be shown to be applicable to the proposed facility. In the event that an applicant is unable to collocate or structurally mount its facility, notwithstanding the presence of a suitably located existing tower or structure, the applicant shall demonstrate this to the Planning Board. If applicable and deemed necessary, the Planning Board may require a good-faith demonstration that the owner(s) of such structure(s) were contacted and either denied permission for such shared use, failed to respond within a thirty-day time period or that there are other overriding reasons rendering the use of such an existing structure infeasible. In the event that the utility requesting such use has demonstrated that the necessary service cannot be provided by locating such device(s) on existing communications or other existing towers or existing structures in the requested service area, then the location of a new communications device shall be permitted, subject to the requirements of site plan approval and the requirements of this section.

Lot size, setbacks and height. The lot size and setback requirements for a new, freestanding public communications utility tower and antenna shall be related to the height of said supporting tower only. The lot shall measure not less than one-half the height of said tower in length and width, and all required yard setbacks shall measure one-half the height of the tower, so that in the event that the structure should collapse or fail, no structure or persons on any adjoining properties will be placed at risk. Notwithstanding the foregoing, the Planning Board shall be permitted in its discretion to waive the foregoing setback requirements in the event they are not deemed necessary for safety purposes or for other valid planning purposes for the site proposed. The Planning Board shall also have the power to waive the setback requirements for fences as set forth in § 158-14C(1) for public utility communications facilities. No height limitations established in this chapter of the Cornwall Code shall apply to public utility communications facilities approved in accordance with this section.

Visual impacts. All new public utility communications structures shall be sited to create the least practicable adverse visual impact on the surrounding community and on any historic structures and resources. The applicant shall provide visual impact assessment information as shall be required by the Planning Board to evaluate the visual effects of a proposed communications tower/antenna or device with particular attention to the areas of high visual and aesthetic sensitivity. Consideration shall be given to the visual effects of the structure under daytime conditions. Consideration must only be given to nighttime visual impact conditions in the event that the structure is required to be lighted by any applicable governmental regulation.

(1)

The applicant shall provide visual impact assessment information to the Planning Board addressing the effects within a three-mile radius of the proposed site. Visual impact assessments shall incorporate photographic studies of colored balloons or an acceptable alternative flown at the proposed site location at the proposed tower height with photos to be taken at key vantage points from public thoroughfares and publicly accessible properties, and from private properties if permission is granted for access. Notification shall be provided to the Town as far in advance as possible prior to the date on which such studies are to be conducted.

(2)

To the extent practicable, reasonable screening shall be provided or existing features retained so as to preserve the views of visually sensitive areas and scenic vantage points, together with other means of minimizing the visual effects of the facility, including an appropriate color choice for the tower where applicable to reduce the visual impact of the tower, where such color choice does not conflict with other requirements and regulations. The Planning Board may permit the use of vegetation, either alone or in combination with topography, fences, walls or other features to achieve sufficient screening of the base of any public communications utility tower from any visually sensitive areas. Where vegetative plantings are proposed for screening purposes, the Planning Board shall require planting and replacement specifications which ensure that the intended effect is achieved and maintained. Siting of such facilities shall, where possible. avoid the need for compliance with FAA lighting requirements. In the event that FAA regulations require lighting, the applicant and the Planning Board shall arrive at the most suitable and least intrusive type of lighting which still meets the FAA requirements. Siting of new facilities shall be done with consideration of the potential ability to collocate other services on such site, to the extent reasonable and practicable.

Access and parking. The Planning Board shall review the means of access to the public communications utility tower/antenna site and shall consider its sufficiency with regard to relevant factors specific to the needs of the requested facility, including but not limited to width, surfacing, slope, side slopes, drainage and erosion control, access control devices restricting unauthorized entry, as appropriate to the needs of the facility and any emergency vehicles needed to access the site. Adequate parking and turnaround area shall be provided for the needs of the site. Care shall be taken to minimize the visual impacts of the means of access, parking and turnaround area as seen from areas of high visual sensitivity, and the visual impacts of the same shall be evaluated and, if necessary, mitigated as set forth in this section.

Public safety. The applicant shall demonstrate that the proposed communications utility tower/antenna and/or appurtenant device(s) will not pose a threat to public health and safety as a result of falling or blowing ice and/or other debris, that public access to the same has been restricted in order to prevent climbing or other trespass on the structure itself.

Other utility structures, such as storage buildings necessary to the operation of said tower/antenna, may be located on the same lot if such location is related to the operation of said facility, subject to site plan approval by the Planning Board as to color, location, visual screening, access control and/or other applicable site plan review considerations.

Existing facilities. Nothing herein shall be construed as preventing the maintenance and continued operation of any existing wireless telecommunications facilities within the town, including the utilization of state-of-the-art equipment for the facility in order to maintain its existing level of service consistent with current technology. However, any increases in tower/antenna height or visibility for the purpose of increasing the service area or population shall be considered a new application and shall conform to the locational and other requirements set forth in this section.

Removal. In the event that antennas on a public communications utility tower are not in use for a period of not less than one year, the public communications utility tower shall be removed and the site restored to its condition prior to the construction of the public communications utility tower and the related facilities. In the event that the public communications utility tower is not removed as required by this section, then, upon written notice to the applicant securing the approval from the Planning Board for the special permit for the erection of the public communications utility tower, which said written notice shall be mailed to the applicant by registered mail to the applicant's address on the application filed with the Planning Board, or such other address as the applicant may provide to the Planning Board from time-to-time, the applicant shall remove the public communications utility tower and related facilities and restore the premises to the extent practicable. In the event that the applicant fails to remove the public communications utility tower following notice and demand that the applicant do so, the Town shall then have the right to proceed to secure such relief against the applicant to cause the removal and restoration as the Town may deem appropriate, including but not limited to injunctive relief. The prevailing party in any action brought by the Town against the applicant and such other parties as the Town may deem to be necessary and appropriate shall recover reasonable attorneys' fees and any engineering and other consultants' fees, as well as the costs and disbursements of the action.

[1]

Editor's Note: Former § 158-22, Planned residential development regulations and procedures, as amended, was repealed 8-9-1993 by L.L. No. 3-1993.

§ 158-22.1 Accessory business communication towers and amateur radio towers.

[Added 7-12-1999 by L.L. No. 1-1999]

The Town desires to preserve the aesthetic, visual and community character within and throughout the Town and, in particular, desires to preserve the scenic viewsheds more particularly characterized within the Town Master Plan, in a manner that is consistent with the Memorandum Opinion and Order of the Federal Communications Commission 85-506 and the Federal Telecommunications Act of 1996, as applicable.

The Town notes the potential for significant visual incompatibilities from tall and highly visible structures such as accessory business and amateur radio communications towers and devices mounted thereon in areas of extreme visual and aesthetic sensitivity; the Town also notes the general obtrusiveness and potential for visual incompatibility of the same in residential districts. At the same time, the Town also recognizes that the placement of such accessory business and/or amateur radio communications structures may be called for within selected areas of the town, notwithstanding their potential visual obtrusiveness and effect on the surrounding aesthetic and community character of the town, in order to provide necessary accessory communications services and/or effective, reliable, amateur radio communications within the Town and/or its surrounding region consistent with federal regulation and the determination of the Federal Communications Commission. Accordingly, the Town Board has provided for accessory business and amateur radio communications within the Town in the following way:

(1)

An applicant requesting to site an accessory business communications tower shall constitute a business entity operating within the town, which is not engaged in the supply of commercial communications services to the public. Any such accessory communications device to be located within the Town shall fully conform to the Federal Communications Commission's (FCC's) current regulations and requirements concerning radio frequency emissions, as applicable, as the same may be amended from time to time.

(2)

Lot size, height and setbacks. Notwithstanding any requirements to the contrary, lot size and setback requirements for accessory business communications towers and amateur radio towers shall be related to the height of said supporting tower. Said lot shall measure not less than 1/2 the height of said tower in length and width, and all required yard setbacks shall measure 1/2 the height of said tower, so that in the event said structure should collapse or fail, no structure or persons on any adjoining properties will be placed at risk. Notwithstanding the foregoing, the Planning Board shall be permitted in its discretion to waive the foregoing lot size and setback requirement(s) in the event such is not needed for safety purposes or for other valid planning purposes. No height limitations established pursuant to Article V of this Chapter shall apply to accessory business communications towers and amateur radio towers approved in accordance with this section.

(3)

Waiver of additional requirements.

(a)

In the event that the Planning Board shall find that an accessory business communications tower is proposed to be mounted on an existing or proposed structure and to exceed the height of said structure by no more than 30%, and said tower is designed to resemble an architectural feature of the aforementioned structure, then no additional requirements under this section shall apply, except that the applicant shall demonstrate that the structure on which its communications device is to be mounted is structurally sufficient to support the proposed installation if requested by the Planning Board.

(b)

In the event that the Planning Board shall find that an accessory business communications tower is proposed to be located elsewhere on the business site, but is designed, located and mounted in such a way and is of such a height as to resemble another approved site feature such as a parking lot light pole, then no additional requirements under this section shall apply.

(c)

In the event that the Planning Board shall find that an amateur radio tower is proposed to be mounted on an existing or proposed residential structure or accessory and to exceed the height of said structure by no more than 30%, and said tower is designed to resemble an architectural feature of the aforementioned structure, then no additional requirements under this section shall apply. The applicant shall demonstrate that the structure on which its communications device is to be mounted is structurally sufficient to support the proposed installation upon the request of the Planning Board.

(4)

Additional requirements.

(a)

In the event that an accessory business communications or amateur radio tower is proposed which does not meet the requirements of Subsection B(3) of this section, the applicant shall demonstrate that the lot size is sufficient pursuant to the considerations set forth in Subsection B(2) of this section.

(b)

In the event that an accessory business communications or amateur radio tower is proposed which does not meet the requirements of Subsection B(3) of this section, the Planning Board may if it determines the same is necessary, require a visual impact assessment to evaluate the potential visual impacts of the same, subject to the guidelines of Subsection B(5)(a) of this section.

(c)

In the event that an accessory business communications or amateur radio tower is proposed which does not meet the requirements of Subsection B(3) of this section, and a visual impact analysis performed in accordance with the requirements of this section demonstrates that the proposed location would have a harmful visual impact on areas of extreme visual sensitivity or on adjoining residential properties or districts, then the applicant shall be required to consider alternative locations and installations and their relative visual impacts. Such alternative locations shall include, but not be limited to, alternate mountings and locations on the site itself, collocation on other communications towers or structural mounting on facilities located within a one-mile radius of the site, or a smaller radius if the same can be shown to be applicable. If so required, the applicant shall demonstrate factually to the Planning Board that it has considered the use of existing public communications facilities and other structures within a one-mile radius of the proposed new facility, or a smaller radius if the same can be shown to be applicable to the proposed facility. In the event that an applicant is unable to relocate, collocate or structurally mount its facility, notwithstanding the presence of a suitably located existing tower or structure, said applicant shall demonstrate this factually to the Town Planning Board. If applicable and deemed necessary, the Planning Board may require a good faith demonstration that the owner(s) of such structure(s) were contacted and either denied permission for such shared use, failed to respond within a thirty-day time period; or that there are other overriding reasons rendering the use of such an existing structure infeasible. In the event that the applicant requesting such use has demonstrated that either the necessary service cannot be provided by locating such device(s) on existing communications or other existing towers or existing structures in the prescribed one-mile radius, or that there is no alternate location on the site available that would avoid the visual impact of the proposed tower, then the installation shall be screened to the maximum extent possible pursuant to Subsection B(5)(b).

(d)

The applicant shall demonstrate that an accessory business communications or amateur radio tower which does not meet the requirements of Subsection B(3) of this section will not pose a threat to public health or safety as a result of falling or blowing ice and/or other debris, and that public access to the same has been restricted as deemed necessary, consistent with and considering the use of the site to which the device is proposed to be accessory.

(5)

Visual impacts.

(a)

All accessory business communication and amateur radio towers shall be sited to create the least practicable adverse visual impact on the surrounding residential or residentially zoned properties and on any visually significant properties, historic structures and resources. Any applicant pursuant to this section shall provide visual impact assessment information as shall reasonably be required to evaluate the visual effects of a proposed accessory business communication and amateur radio towers pursuant to this section. Consideration shall be given to the visual effects of such structure under daytime conditions; consideration must only be given to nighttime visual impact conditions in the event that the structure is required to be lighted. The applicant shall provide visual impact assessment information to the Planning Board addressing the effects within a three-mile radius of the proposed site, or a smaller radius as may be applicable based upon the height and location of the proposed tower. Visual impact assessments shall incorporate photographic studies of colored balloons flown at the proposed site location at the proposed tower height or an acceptable alternative, with photos to be taken at key vantage points from public thoroughfares and publicly accessible properties, and from private properties if permission is granted for access. Notification shall be provided to the Town as far in advance as practicable prior to the date on which such studies are to be conducted.

(b)

To the extent practicable, reasonable screening shall be provided or existing features retained so as to preserve the views of visually sensitive areas and scenic vantage points and/or other means of minimizing the visual effects of said facility shall be employed, including an appropriate color choice and construction type for the tower, where applicable, to reduce the visual impact of the same, where such color choice and construction type does not conflict with other requirements and regulations. The Planning Board may permit the use of vegetation, either alone or in combination with topography, fences, walls or other features, to achieve sufficient screening of the base of the tower from any visually sensitive areas. Where vegetative plantings are proposed for screening purposes, the Planning Board shall require planting and replacement specifications which ensure that the intended effect is achieved and maintained. Siting of such facilities shall where possible avoid the need for compliance with FAA lighting requirements.

(6)

Nothing herein shall be construed as preventing the maintenance and continued operation of any existing accessory business communications or amateur radio tower within the town, including the utilization of state of the art equipment for the facility in order to maintain its existing level of service consistent with current technology. However, any increases in tower/antenna height or visibility for the purpose of increasing or improving the service area shall be considered a new application and shall conform to the locational and other requirements set forth in this section.

§ 158-23 Clustered open space.

Open space land created as part of a subdivision or planned residential development and not dedicated fee simple to the Town of Cornwall for recreation purposes shall be in one of the following forms of ownership:

(1)

A homes’ association approved by the Federal Housing Administration for mortgage insurance as a planned unit development and by the Town Board; or

(2)

A homes’ association approved by the Town Board; or

(3)

Any other arrangements approved by the Town Board as satisfying the intent of this chapter.

Whenever a homes’ association is proposed, the Town Board shall retain the right to review and approve the Articles of Incorporation and Charter of said homes’ association and to require whatever conditions it shall deem necessary to ensure that the intent and purpose of this chapter are carried out.

§ 158-24 Senior citizen housing area.

[Amended 2-12-1990 by L.L. No. 1-1990; 5-13-1996 by L.L. No. 1-1996; 10-14-1997 by L.L. No. 4-1997; 12-3-2002 by L.L. No. 8-2002; 6-13-2005 by L.L. No. 3-2005]

It has been determined that there is a need for housing developments specifically located and designed to meet the needs of older people, to be known as "senior citizen housing areas," which housing areas may include independent living or assisted living, arrangements or a combination thereof. Such housing developments will tend to contribute to the dignity and independence of older persons in their retirement years. It is recognized that such housing areas, if not properly located, constructed and maintained, may be detrimental to the general welfare, health and safety of the occupants of such developments and the Town of Cornwall at large. A senior citizen housing area shall be permitted in the SR-1 and SR-2 Residential Zones, upon obtaining a special permit and site plan approval from the Planning Board, in accordance with the procedures hereinafter set forth and upon compliance with the following standards and regulations and compliance with the bulk requirements for Residential Districts for the SR-2 Residential Zone Use Group B, except as modified below.[1] In addition, a senior citizen housing area shall be permitted in the GC Nonresidential Zone, upon obtaining a special permit and site plan approval from the Planning Board, in accordance with the procedures hereinafter set forth and upon compliance with the following standards and regulations and compliance with the bulk requirements for GC Nonresidential Districts Use Group B.[2]

A certificate of occupancy shall be required for each dwelling unit in a senior citizen housing area, and said certificate shall only permit occupancy in accordance with the floor area and requirements as stated below.

A certificate of compliance shall be filed for each apartment occupied. It shall be the duty of the owner or his agent to file a certificate of compliance with the Building Inspector, indicating compliance with this chapter, as amended, as to its requirements relating to the number of occupants and the age of the occupants in each apartment. The certificate shall be filed for each apartment within 30 days after its initial occupancy. A new certificate shall be filed within 30 days after any change of occupancy.

Required standards.

(1)

All buildings shall be serviced by back-up emergency generators sufficient to provide electricity to all units within the building for no less than 24 hours in the event of power outage.

[Added 10-4-2021 by L.L. No. 3-2021]

(2)

(Reserved)

(3)

Maximum density: 10 units per buildable acre for two-bedroom units; 11 units per buildable acre for one-bedroom units.

(a)

A buildable acre shall exclude the following:

[1]

All lands lying within the bounds of mapped New York State freshwater wetlands and/or within federal jurisdictional wetlands as identified in the field, whichever is more inclusive.

[2]

All lands included within any right-of-way or easement which precludes development.

[3]

All contiguous lands over 10,000 square feet in area which are sloped in excess of 15%.

(b)

No plan for a senior citizen housing area shall employ lands deemed to be unbuildable as set forth herein for construction purposes, except to the extent needed in order to provide access and/or services to, or otherwise to permit the use of, buildable lands.

(4)

Minimum floor area. The minimum floor area for an efficiency-type dwelling unit shall be 350 square feet. A one-bedroom dwelling unit shall have a minimum floor area of 500 square feet, and a two-bedroom dwelling unit shall have a minimum floor area of 650 square feet. No more than two persons shall be permitted to occupy an efficiency or a one-bedroom dwelling unit, and no more than three persons shall be permitted to occupy a two-bedroom dwelling unit. No dwelling unit shall contain more than two bedrooms.

(5)

Building design. There shall be a minimum five feet horizontal offset in the front and roof line elevation every 40 feet of building length.

(6)

(Reserved)

(7)

Maximum height: 25 feet or two stories, whichever is greater. However, all rooms of a dwelling must be on one level.

(8)

(Reserved)

(9)

Off-street parking requirements. One space shall be provided for each dwelling unit. Parking areas shall be permanently improved and screened. Such screening shall be approved by the Planning Board. No parking or other paved areas shall be located within 25 feet of any street or lot line, with the exception that this may be reduced when the facilities face onto an interior private drive serving the senior citizen housing area and located entirely within the senior citizen housing area. In addition to the parking provided for each dwelling unit, parking spaces equivalent to not more than 20% additional parking for guests shall be provided if determined to be necessary by the Planning Board based upon the design and location of the senior citizen housing area.

(10)

Landscaping. The entire lot, except for areas covered by buildings, service or parking areas, shall be suitably landscaped. All landscaping shall be properly maintained and shall be approved by the Planning Board.

(11)

Utilities. All buildings shall be serviced with adequate public water and public sewer systems or alternate systems with the approval of the Planning Board and the Town Board.

(12)

Site illumination. Sufficient exterior illumination of the site shall be required to provide convenience and safety. All such illumination shall be shielded from the view of all surrounding properties and streets.

(13)

Recreation area. Suitably equipped and adequately maintained recreation and open space areas shall be provided. A minimum of 400 square feet of usable open space shall be provided, such open space area to be defined as an unenclosed portion of the ground of a lot which is not devoted to driveways or parking spaces, which is free of structures of any kind, of which not more than 25% is roofed for shelter purposes only and which is available and accessible to all occupants of the building or buildings on the said lot for purposes of active or passive outdoor recreation.

(14)

Drives and walkways. There shall be provided a safe and convenient system of drives, service access roads and walks. In planning such facilities, due consideration shall be given to such items as handrails and ramps. Gradient of walks shall not exceed 8%.

(15)

Other related uses. Within the senior citizen housing area, certain related facilities may be permitted, such as cafeterias, self-service laundries or medical infirmaries, only to the extent that they meet the personal needs of the occupants of the senior citizen housing area. Such facilities shall be subordinate to the residential character of the area. The facilities shall be located out of public view, with no outside advertising. Such facilities must be expressly approved by the Planning Board. Approval of a special permit and site plan for dwelling units in a senior citizen housing area in no way constitutes approval for installation of any type of related facility.

(16)

The occupancy of a senior citizen housing area shall be limited to persons who are 55 years of age or over, with the following exceptions:

(a)

Children residing with their parent, parents or legal guardians where their parent, parents or legal guardians are 55 years old or over.

(b)

Adults under 55 years of age will be permitted as residents if it is established that the presence of such persons is essential for the physical care of an eligible occupant or occupants.

(17)

The Town shall have the right to require the applicant to dedicate to the Town all new streets. The Town shall also have the right to require that the applicant execute such agreements and covenants as may be required, in the opinion of the Town Board, in order to assure the Town that the premises shall be used in accordance with the terms of the special permit to be issued. Said agreements or covenants shall be such as may be recorded in the Orange County Clerk's office and shall constitute a covenant running with the land. Such covenant or agreement may only be modified or released as set forth in said covenant or agreement or by ordinance of the Town of Cornwall. All site improvements shall be constructed to Town specifications.

(18)

All buildings shall be provided with an adequate heating system with a designed capacity to maintain a temperature of 80° F. in all bathrooms and of 75° F. in all habitable rooms and corridors when the outside temperature is zero degrees Fahrenheit.

(19)

Whenever natural ventilation is not adequate for comfort and health, mechanical ventilation should be provided. Kitchens and bathrooms not having windows on exterior walls shall be provided with mechanical ventilation.

(20)

The location of buildings, the arrangement of dwelling units within the buildings and suitable materials and methods of construction shall be utilized to reduce the transmission of sound.

(21)

Each dwelling unit shall have bath facilities, including as a minimum a lavatory, water closet and bathtub or stall shower.

(22)

The size of the bathroom and arrangement of the fixtures shall be adequate for the convenient use of the fixtures by older persons. The floor finish shall be impervious to water, have nonslip characteristics and slope inward. The threshold shall be flush with the floor.

(23)

All plumbing fixtures, accessories and trim shall be selected for and provide the maximum features of design that contribute to the safety, convenience and aid of older persons.

(24)

Shower stalls will include a built-in seat or bench or room enough for a bath stool.

(25)

Openable windows operated from across the bathtub will not be permitted.

(26)

Ventilation fans will be so controlled that they can be operated independently from the lighting. Convenience outlets in bathrooms shall be integrated with electric wall fixtures. No other convenience outlets will be permitted in the bathroom.

(27)

Provision for enclosed storage of garbage shall be provided. If garbage dumpsters or other containers are provided, they shall be housed within enclosures of a similar appearance to the primary structure and constructed with the same materials as the primary structure to the extent possible, subject to all applicable codes.

(28)

(29)

Community buildings and community common areas serving the senior citizen housing area shall be centrally located to the extent possible.

(30)

The required minimum side yard shall be 25 feet with a total minimum side yard of 50 feet.

[1]

Editor's Note: See the Table of Bulk Requirements for Residential Districts at the end of this chapter.

[2]

Editor's Note: See the Table of Bulk Requirements for Nonresidential Districts at the end of this chapter.

§ 158-25 Additional district regulations.

[Added 12-14-1987 by L.L. No. 5-1987]

Any use not listed in § 158-9, Use tables, shall be deemed a prohibited use in all districts.

Any use not listed in a particular district pursuant to § 158-9, Use tables, shall be deemed a prohibited use in that district.[1]

[1]

Editor's Note: Local Law No. 4-1994, adopted 12-12-1994, provided for the renumbering of former Subsections C, D, E and F, which immediately followed this subsection, as new § 158-41F and I, respectively.

Ground-mounted solar panels on any residential property:

[Added 10-4-2021 by L.L. No. 3-2021]

(1)

Shall not be installed on lots of less than one acre in lot area;

(2)

Shall not be installed in the front yard;

(3)

Shall be set back no less than 25 feet from rear yard and side yard lot lines; and

(4)

Shall not exceed 10% of the lot area of property on which it is installed.

Portable on-demand storage units (PODS) may be maintained on a property for no more than 90 days in total during any calendar year.

[Added 10-4-2021 by L.L. No. 3-2021]

(Reserved)

Supplemental use regulations shall apply pursuant to Article VI and Article VII.

(Reserved)[2]

[2]

Editor's Note: Former Subsection H, Soil limitations, was repealed 8-9-1993 by L.L. No. 3-1993.

(Reserved)[3]

[3]

Editor's Note: Former Subsection I, Supplemental dwelling credit, was repealed 8-9-1993 by L.L. No. 3-1993.

(Reserved)[4]

[4]

Editor's Note: Former Subsection J, Parking in front yards, was repealed 12-12-1994 by L.L. No. 4-1994.

(Reserved)[5]

[5]

Editor's Note: Former Subsection K, dealing with the installation of public water and/or sewer service, was repealed 8-9-1993 by L.L. No. 3-1993.

Any permitted or accessory uses within 50 feet of any residential use or district or across any street from such a use shall be provided with protective buffers of not less than 10 feet which shall be adequately landscaped or screened.

(Reserved)[6]

[6]

Editor's Note: Former Subsection M, dealing with the screening of storage and parking, was repealed 12-12-1994 by L.L. No. 4-1994.

Highway access and improvements. Approval of any special permit use shall be conditioned on adequate access to an improved highway. The applicant shall be responsible for any widening or road improvements occasioned by additional traffic or changed characteristics of traffic anticipated by the special permit use.

[Amended 8-9-1993 by L.L. No. 3-1993]

§ 158-25.1 Ridge Preservation Overlay District.

[Added 7-12-1999 by L.L. No. 1-1999]

Purpose and policy. Topography in the Town includes dramatic ridgeline elevations in the Schunnemunk Mountains and the Hudson Highlands, running in a generally northeast to southwest direction. These elevations afford sweeping views of the surrounding countryside, and are in turn prominently visible from many other locations, forming the scenic backdrop that is an important visual element in the town. Much of the more highly developed land in the Town has been concentrated in valleys, as the higher elevations are rocky and steeply sloped, being difficult to build and access, so that these ridges are sparsely developed and heavily wooded. Although many of these lands are either publicly owned or owned in a manner which pre-empts structural land uses, not all are so protected. Therefore, the Town has enacted the following regulations in order to protect these important visual and aesthetic resources in the town.

Applicability. All lands so designated on the Zoning Map within the MCR and ARR Districts shall be incorporated within the Ridge Preservation Overlay District.

[Amended 6-13-2005 by L.L. No. 3-2005]

Restrictions and procedures.

(1)

Any new structure within the Ridge Preservation Overlay District for which a building permit is required shall be located to the maximum practical extent so as not to be visible from any point on a state, county or interstate highway, or such structures shall be made to blend unobtrusively into the hillside. The Building Inspector shall refer such applications for building permit to the Planning Board for special permit review pursuant to this chapter. The Planning Board shall require a visual impact assessment to evaluate the potential visual impacts of the new structure. The visual impact assessment may include a photographic study taken from designated vantage points or areas along state, county or interstate highways, with the location of the proposed clearing, new structure and its site indicated thereon. The Planning Board may waive any requirements of the Code, including the public hearing requirement, when it determines that such requirements are not relevant to the review of the new structure where the Planning Board determines that the new structure will not be visible from any point along a state, county or interstate highway. The provisions of this section shall supersede the provisions of Town Law § 274-b(6), which require a public hearing for special use permits, pursuant to the provisions of Municipal Home Rule Law Section 10(1)(ii)(d)(3).

[Amended 10-12-1999 by L.L. No. 4-1999]

(2)

Any proposal for construction within the Overlay District shall include a survey showing the topography of the parcel and indicating the current areas of vegetative cover by type. Such plot plan shall indicate the proposed location and elevation of the structure, all structural and nonstructural accessories thereto, and proposed grading and vegetation clearing. Said application shall also include an architectural rendering of the proposed structure, indicating the size and shape of the house, its siding color and material, window locations, size and type, and roofing color.

In reviewing the visibility and compatibility of proposed structures and lot development, the Planning Board shall consider:

(1)

The building design.

(2)

The location of the building and nonstructural accessories, and any tree clearing required to locate the same. To the greatest extent practicable, tree clearing performed in order to accommodate such construction shall be minimized and carried out so as to avoid creating a large or significant discontinuity in the surrounding vegetation cover, particularly avoiding situations where a treeline at the peak of a ridge is interrupted so that the backdrop of sky protrudes through such opening. Structures should be located where possible at lower elevations in order to avoid piercing the skyline.

(3)

The building color and visibility/reflectivity of broad expanses of window and/or skylight glass. Structures should be finished with earth-tone or neutral colors in order to blend in with the tree cover and should employ nonreflective glass in order to reduce its prominence.

(4)

The planting of appropriate native deciduous and/or evergreen vegetation to screen the structure or its accessories.

§ 158-25.2 Natural Resource Inventory and Scenic Resource Inventory

[Added 7-12-2021 by L.L. No. 2-2021]

Use of the Town of Cornwall Natural Resource Inventory (NRI) and Scenic Resource Inventory (SRI) is required for all land use approvals under this chapter that are subject to review under the State Environmental Quality Review Act (SEQRA).[1]

[1]

Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

Each land use application that is subject to this section shall include a written statement of consistency with the NRI and the SRI. Such statement shall set forth whether the project encompasses or otherwise affects resources identified within the NRI and/or the SRI and shall specifically identify which resources, if any, identified within the NRI and/or the SRI are affected and how such resources are affected by the project.

Before granting any land use application that is subject to this section, the permitting board shall make a finding that any potential significant adverse environmental impacts of the project on resources identified within the NRI and/or the SRI have been mitigated to the maximum extent practicable.