The following supplementary regulations are
applicable to all zoning districts within the Town of Woodstock unless
otherwise provided herein.
No use shall be permitted and/or maintained
that does not conform to the following standards of use, occupancy
and operation, in addition to all relevant provisions of other local,
state and federal laws, rules or regulations.
A.
Noise.
(1)
No person shall operate or cause to be operated any
source of sound in such a manner as to create a sound level which
exceeds the limits set forth for the receiving land use category stated
below when measured at or within the property boundary of the receiving
land use.
|
Receiving Land Use Category
|
Time
|
Sound Level Limit
(dBA)
| |
|---|---|---|---|
|
Residential Districts R8, R5, R3, R1.5, HR and
PRD
|
7:00 a.m. to 7:00 p.m.
7:00 p.m. to 7:00 a.m.
|
57
53
| |
|
Commercial Districts HC, NC1 and NC2
|
7:00 a.m. to 9:00 p.m.
9:00 p.m. to 7:00 a.m.
|
64
60
| |
|
Industrial Districts LI/SLI
|
7:00 a.m. to 9:00 p.m.
9:00 p.m. to 7:00 a.m.
|
68
63
|
(2)
For any source of sound which emits a pure tone, a
discrete tone or impulsive sound, the maximum sound limits set forth
above shall be reduced by five dBA.
(3)
For noises created and measured at outdoor locations
within the Hamlet Commercial (HC) and Neighborhood Commercial (NC)
Districts, the sound level shall not exceed the above limits for those
districts when measured at a point 10 feet or greater from the sound
source or at a property boundary.
B.
Atmospheric effluence. No dust, dirt, smoke, odor
or noxious gases that would not normally be associated with a residential
premises shall be disseminated beyond the boundaries of the lot where
such use is located.
C.
Glare and heat.
(1)
Any outdoor lighting fixture, with the exception of incandescent fixtures up to and including one-hundred-fifty-watt intensity per light source, and string, rope or similar low-voltage lighting as provided in § 260-54 of this chapter, shall be shielded from above in such a manner that:
(a)
The edge of the shield is below the light source;
(b)
Direct rays from the light source are confined
to the property boundaries, except when lighting accesses to commercial
and/or industrial uses where footcandle values shall be permitted
up to one footcandle at the point where the site access meets the
pavement of adjoining public roads; in no instance shall site access
lighting spill into the carriageways of said public roads; and
(c)
Direct rays are prevented from escaping toward
the sky.
(2)
In the Scenic Overlay (S-O) District and for all home
occupations, the above shielding requirements shall apply to all outdoor
lighting, including incandescent fixtures of one-hundred-fifty watt
intensity or less.
(3)
For the purpose of these provisions, "light source"
includes any refractor, reflector or globe.
(4)
Outdoor lighting shall be of substantially minimum
intensity needed for the particular purpose.
(5)
Mercury vapor lighting is prohibited.
(6)
No heat shall be produced that is perceptible beyond
the boundaries of the lot on which such source is located.
(7)
No light shall be mounted higher than 25 feet above
grade, except landscape lighting for a property used exclusively for
residential purposes, provided that said parcel is not in the Scenic
Overlay District and the lamp is 150 watts or less.
(8)
Parking lot lighting shall be required to be consistent with the
use and character of an area:
[Amended 7-3-2013 by L.L. No. 1-2013]
(a)
All luminaries over 2,000 lumens shall be full cutoff, nontilting
with the lamp not visible below the shield.
(b)
Pedestrian walkway lighting below 18 feet.
(c)
Pole spacing no greater than four times height.
(d)
Average light levels below two footcandles with higher security
areas below Illuminating Engineering Society (IES) standards may be
applied.
(e)
Gasoline canopy lighting fully recessed with average footcandles
below 20.
(f)
Wayfinding lighting encouraged at site entrances also delineated
with landscaping.
(g)
Utilization of energy efficient luminaries to include LEDs or
induction lighting.
(h)
Photometric submittals and photometric plots may be required.
(i)
Parking lot lighting shall be reduced to that needed for security
one hour after close of business.
(9)
Any outdoor lighting fixture already installed on
the effective date of this chapter shall be brought into compliance
with these provisions within 24 months of said effective date.
D.
Industrial and commercial waste. No solid or liquid
waste, including solvents, grease cutters, paint thinners, oils, pesticides,
herbicides, heavy metals, or radioactive materials, shall be discharged
into any public sewer, common or private sewage disposal system, or
stream or on or into the ground, except in strict conformance with
the standards approved by the Ulster County Health Department, or
with the standards established by any applicable local law or ordinance,
or other duly empowered agency. Where more than one standard exists,
the most stringent shall apply. No solid or liquid waste containing
radioactive material shall be stored.
E.
Radioactivity or electromagnetic disturbance. No activity shall be permitted which emits any radioactivity beyond the building in which such activity is located. No electrical disturbance adversely affecting the operation of any equipment other than that of the generator of such disturbance shall be permitted. No emission or discharge of radioactive gases, liquids or solids shall be permitted. The manufacture or assembly of devices which contain or which utilize substances that emit ionizing radiation, as well as the manufacture or processing of food or merchandise utilizing ionizing radiation, shall be prohibited. The storage of radioactive waste by-products shall be prohibited. The handling and disposal of radioactive material or waste by-products, whether or not licensed by the Nuclear Regulatory Commission, shall be conducted only in accordance with the standards established in Title 10, Chapter 1, Part 20, Code of Federal Regulations, Standards for Protection Against Radiation, and in accordance with any other applicable laws, regulations or ordinances, including those established by the Town of Woodstock.
F.
Fire and explosion 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 explosion
and with adequate fire-fighting suppression equipment and devices
standard in the industry. All applicable requirements of the New York
State Uniform Fire Prevention and Building Code, as well as the provisions
of the National Fire Protective Association (NFPA) Code, shall be
fully observed. All burning of such waste material in open fires is
prohibited.
G.
Maintenance of developed lots. All open portions of
any developed lot shall have adequate grading and drainage and shall
be continuously maintained in a dust-free and erosion-resistant condition
by suitable landscaping with trees, shrubs, grass or other planted
ground cover, or by paving with asphalt, concrete, crushed rock or
other material.
In all districts, at the time any new building
or structure is erected, any existing building or structure is enlarged,
a new or changed use of either land or structure is established, or
a subdivision is completed, off-street parking and loading space shall
be provided in accordance with the minimum standards set forth below.
A.
Required number of off-street parking spaces. The
minimum number of parking spaces stated below shall be required in
addition to one parking space for each company vehicle associated
with a commercial, business or light industrial use.
(2)
General uses.
(a)
Church or other place of worship, meeting hall,
membership club, auditorium, theater or other place of public seating
assembly not otherwise specified: one space per four seats or 50 square
feet of seating area where fixed seating is not provided.
(b)
School: one space per 12 classroom seats or
the auditorium requirements as specified above, whichever is greater.
(c)
Cultural facility (museum, library), art gallery
or philanthropic and institutional use: one space for each 400 square
feet of gross floor area plus one space for each employee.
(d)
Hospital, convalescent home or nursing home:
one space for each two beds.
(e)
Cottage development: one space for each bedroom,
plus necessary spaces for employees.
(f)
Artist studio: one space per 250 square feet
of such use, plus one space per artist or artisan who does not reside
on premises.
(3)
Accessory uses.
(a)
Home occupation: one space per 250 square feet
of such use, if customers or clients routinely visit the use, plus
one space per employee.
(b)
Bed-and-breakfast home: one space per rented
room plus required spaces for other dwelling units.
(c)
STR home, and supplemental businesses, STR establishment and
STR non-owner-occupied: one parking space per bedroom plus required
spaces for the principal residence.
[Added 5-21-2019 by L.L. No. 1-2019]
(4)
Business uses.
(a)
Bed-and-breakfast establishment: one space per
rented room, plus required spaces for other dwelling units.
(b)
Funeral home: one space per three seats within
public areas.
(c)
Medical clinic and related health service office:
five spaces per professional, plus one space per employee.
(e)
Retail business, store or service shop: one
space per 200 square feet of floor area used to display or sell merchandise
or provide a service, plus one space per employee.
(f)
Hotel or motel: one space per bedroom plus necessary
spaces for employees.
(g)
Eating and drinking establishment: one space
per three seats or 50 square feet of floor space available to patrons,
whichever is greater, whether such seats or floor area is situated
within an enclosed building or outdoor service area.
(h)
Bowling alley, billiard hall, golf course, tennis
club, or similar use: one space per alley, tee, court, table or similar
measure.
(5)
Light industrial uses: one space per employee on largest
shift, plus necessary spaces for visitors and company vehicles.
(7)
In the case of a combination of uses on a single parcel,
the requirement for off-street parking spaces shall be the sum of
the requirements for the various individual uses, unless it can be
established by the applicant to the satisfaction of the Planning Board
that staggered hours of use would permit modification.
B.
Design standards for off-street parking spaces.
(1)
Areas which may be considered as meeting off-street
parking space requirements may include a garage, carport or other
properly developed area available for parking. All permitted or required
parking areas shall be on the same lot as the use for which the parking
is required.
(2)
No parking area shall encroach on any portion of a
required front yard or within 15 feet of any public right-of-way.
Open parking and related driveways may, however, encroach on a required
side or rear yard to within five feet of a property line, except that
if abutting a residential district a minimum of 10 feet of separation
shall be maintained. For parking areas of three or more spaces which
are in a residential district, or which abut a residential district
or property of residential use, there shall be provided and maintained
a dense natural screen or other barrier so designed as to form an
effective visual screen from the adjoining property. This provision
is not, however, to be construed as prohibiting a common driveway
which may, by agreement between adjacent property owners, encroach
wholly to the lot line.
(3)
In any residential district, required parking spaces
shall be fully provided in the side or rear yard of the same lot so
long as they shall not encroach on any required front yard or within
five feet of any side or rear property line.
(4)
Size of parking space; driveway access and maneuvering
area.
(a)
In all districts, each parking space provided
shall be at least nine feet wide and 20 feet long. Each space shall
have direct and usable driveway access to a street and adequate maneuvering
area between spaces as follows:
[1]
Parallel curb parking: end-to-end measurement
of twelve-foot aisle width for one-directional flow and twenty-four-foot
aisle width for two-directional flow.
[2]
Thirty-degree parking: thirteen-foot aisle width
for one-directional flow and twenty-six-foot aisle width for two-directional
flow.
[3]
Forty-five-degree parking: sixteen-foot aisle
width for one-directional flow and twenty-six-foot aisle width for
two-directional flow.
[4]
Sixty-degree parking: twenty-one-foot aisle
width for one-directional flow and twenty-six-foot aisle width for
two-directional flow.
[5]
Perpendicular parking: twenty-six-foot aisle
width for one-directional and two-directional flow.
(b)
The average parking lot area per automobile
parking space shall not be less than 300 square feet, including adjacent
circulation areas.
(5)
All parking areas shall be suitably drained. Except for one-family or two-family dwellings and as required by the Americans with Disabilities Act (ADA) and the New York State Uniform Fire Prevention and Building Code, parking lot surfacing requirements shall be established by the Planning Board under site plan review, as provided for in Article VII of this chapter, with particular consideration given to the number of vehicles accommodated and the proposed intensity and season(s) of use.[1]
(6)
All off-street parking areas shall be designed to
eliminate the need to back out onto any public street, road or highway.
(7)
All gravel parking areas shall be constructed to a
minimum standard of 12 inches of compacted pervious subbase (quarry
rubble, run-of-bank gravel, creek gravel) topped with three to four
inches of Item 4 or 400 fines and shall be maintained to these standards.
Subbase standards may be modified by the Planning Board or the Zoning
Enforcement Officer based on existing soil and subsoil conditions.
C.
Cash payment in lieu of on-site provision of required off-street parking spaces. Within the Hamlet Commercial (HC) and Hamlet Residential (HR) Districts, in those instances where the Planning Board has determined that parking cannot be sufficiently and/or safely accommodated on site, provision of the minimum required number of off-street parking spaces, as calculated in accordance with Subsection A above, may be alternatively satisfied for any commercial use, whether permitted by right or by special use permit, by payment to a special Town Parking Fund of an initial charge followed by an annual maintenance fee per parking space required but not provided on site. Said Town Parking Fund shall be used exclusively by the Town Board for the development and subsequent maintenance of municipal parking spaces to service the needs of the affected properties and zoning districts within the Hamlet Commercial (HC) and Hamlet Residential (HR) Districts. The amount of said initial charge and annual fee per parking space alternatively provided shall be in accordance with the fee schedule established and annually reviewed by the Town Board. In setting such fee, the Town Board shall take into account the costs of acquiring property, carrying out suitable site development, and maintaining municipal parking facilities. Before utilizing this subsection, the Planning Board must make every effort, including reducing the proposed development, to establish sufficient on-site off-street parking.
D.
Required number of off-street loading berths. Off-street
loading berths, either open or closed, shall be required for the following
uses:
(1)
General uses. One berth per 10,000 to 25,000 square
feet of floor area and one additional berth for each additional 25,000
square feet, unless truck deliveries do not exceed one vehicle per
day.
(3)
Light industrial uses. One berth for the first 10,000
square feet of floor area and one additional berth for each additional
40,000 square feet.
E.
Design standards for off-street loading berths.
(1)
Each required loading berth shall be at least 12 feet
wide, 35 feet long, and 14 feet high.
(2)
Unobstructed access, at least 12 feet wide, to and
from a street shall be provided. Such access may be combined with
access to a parking lot. All permitted or required loading berths
shall be on the same lot as the use to which they are accessory, except
as permitted below. No entrance or exit for any off-street parking
or loading area shall be located within 50 feet of any street intersection,
nor shall any off-street loading berth encroach on any required front
yard or required side yard, accessway or off-street parking area,
except that in a commercial district off-street parking areas may
be used for loading and unloading, provided that such areas shall
not be so used or restricted for any more than three hours during
the daily period that the establishment is open for business.
(3)
Permitted or required loading berths, open or enclosed,
may be provided in spaces designed to serve jointly two or more adjacent
establishments.
A.
General regulations. The provisions contained within
this section shall apply to all signs and to all districts, regardless
of designation, within the Town of Woodstock.
(1)
Any sign or use of signs not specifically permitted
by provision of these regulations is prohibited, including but not
limited to the following:
(a)
Real estate "sold" and "under contract" signs;
(b)
Movable signs, except permitted temporary signs;
(c)
Multiple-faced, other than double-faced, signs;
(d)
Billboards;
(e)
Signs or other advertising devices which advertise
a profit-making business or organization and which appear upon permanent
pickup and delivery containers;
(f)
Directly illuminated signs or advertising devices,
unless specifically permitted;
(g)
Signs which employ reflective or luminous material
or paint in their construction;
(h)
Neon signs or signs with letters or features
formed of internally illuminated glass or transparent tubing;
(i)
All internally lighted signs; and
(2)
No sign shall be located in such a way as to interfere
with driver vision, pedestrian traffic or other traffic.
(3)
Any illuminated sign or lighting device shall employ
only lights emitting a light of constant intensity, and no sign shall
be illuminated by or contain flashing, intermittent, rotating, or
moving light or lights. String, rope or similar low-voltage lighting
products shall not be formed into words or pictorial representations
of commercial products. In no event shall an illuminated sign or lighting
device be so placed or directed so as to permit the beams and illumination
therefrom to be directed or beamed upon a public street, highway,
sidewalk or adjacent premises so as to cause glare or reflection that
may constitute a traffic hazard or other nuisance.
(4)
No sign shall be erected or maintained which would
project above the front or face of a building a distance of more than
12 inches, except as otherwise provided herein, such as those projecting
from the face of a theater or motel marquee. Any projecting or freestanding
sign which projects into or above any pedestrian right-of-way or sidewalk
shall have clearance of not less than eight feet above the sidewalk
or the surrounding ground level. No projecting or freestanding sign
shall be permitted to project into or above any public driveway or
thoroughfare for vehicular travel.
(5)
No sign shall be placed on the roof of any building.
(6)
No portable or temporary sign shall be placed on the
front or face of a building or on any premises, except as otherwise
provided herein.
(7)
No sign or part thereof shall contain or consist of
banners, posters, pennants, ribbons, balloons, streamers, spinners,
or similar moving, fluttering or revolving devices. Included within
this prohibition are signs which are mechanically animated, such as
moving, rotating or revolving signs. Said devices shall not be used
for the purpose of advertising or attracting attention when not part
of a sign.
(8)
All signs shall be constructed of wood, metal or other
durable material approved by the Zoning Enforcement Officer. All signs
shall be so constructed as to withstand reasonable wind and weather
and to be neither a detriment nor a hazard to the public health, safety,
and welfare. The Zoning Enforcement Officer shall issue notice to
owners of signs in violation of this provision. Said owners shall
be permitted 10 days within which to make necessary repairs to or
remove all signs in violation of the provisions of this section.
(9)
Any sign may consist in whole or in part of three-dimensional
elements designed to physically represent the object advertised. A
representational sign shall not project more than three feet beyond
the principal structure to which it is attached and shall be limited
to a sign area of not more than 10 square feet. Only one such sign
per establishment shall be permitted. In calculating the sign area,
the largest cross-sectional area, considering all possible views,
shall be used.
B.
Administrative standards.
(1)
For the purpose of determining the number of signs,
a sign shall be considered to be a display surface or device containing
elements organized, related and composed to form a unit. Where advertising
material is displayed in a random manner without an organized relationship
of elements, each element shall be considered to be a single sign.
(2)
The surface area of a sign shall be computed to include
the entire area within a regular geometric form, or contiguous combination
of forms, comprising all of the display area of the sign and including
all of the elements of the material displayed. Structural support
members shall not be included in the calculation of sign surface area.
Areas permitted are maximums for each face of the sign, whether single-sided
or two-sided, with the total area of all faces of any sign not exceeding
twice the permitted area of one face.
(3)
For the purposes of this chapter, the term "sign" shall not include any sign erected and maintained pursuant to, and in the discharge of, any governmental function, or required by law, ordinance or governmental regulation, with the exception that government building or facility identification and/or name signs shall adhere to Subsection C(1) of this section. The term "sign" shall additionally not include the following:
(a)
Memorial signs or tablets, names of buildings
and/or dates of erection when cut into any masonry surface or when
constructed of bronze, stainless steel or similar material.
(b)
Displays of automotive maintenance merchandise
by gasoline stations, located between the principal building and the
gasoline pump island(s).
(c)
Signs integral to gasoline pumps and racks for
the display of automotive maintenance merchandise. The display of
gasoline prices upon signs other than those integral to gasoline pumps
shall be considered as signs.
(d)
Traditional barber poles.
C.
Permitted signs in all districts.
(1)
The following signs are permitted in any use district
without issuance of a sign permit or payment of a permit fee:
(a)
For each bed-and-breakfast establishment, artist
studio, governmental use, boardinghouse or apartment building, one
wall or borderless sign not exceeding eight square feet in area or
one freestanding double-faced sign not exceeding eight square feet
per side or face.
(b)
One double-faced freestanding, projecting or
single-faced wall sign denoting the name and address of the occupant
of a single-family premises, such sign not exceeding two square feet
in area per side or face, provided that a projecting sign shall not
project more than three feet from the principal building on the lot.
(c)
One double-faced freestanding, projecting or
single-faced wall sign denoting the name, address, profession or home
occupation of the occupants of the single-family premises on which
the sign is located, such sign not exceeding two square feet in area
per side or face, provided that a projecting sign shall not project
more than three feet from the principal building on the lot.
(2)
The following signs are permitted in any use district as a special permit use subject to the procedures and requirements of Article VI of this chapter and the further requirement that a sign permit be issued in accordance with Subsection G of this section:
(a)
Any sign advertising a commercial or not-for-profit enterprise, other than the uses listed in Subsection C(1), in a district zoned residential. Such sign shall not exceed 10 square feet in area and shall advertise only the name of the owner, trade names, products sold and/or the business or activity conducted on the premises where such sign is located.
D.
Permitted signs in commercial and light industrial districts. Within the Hamlet Commercial (HC), Neighborhood Commercial (NC), and Light Industrial (LI) Districts, no sign, except those allowed without a permit under Subsection C(1), shall be erected and maintained unless a sign permit is issued prior to installation in accordance with Subsection G of this section.
(1)
The primary purpose of each sign shall be for identification and may state the owner's name, trade names, trademarks, products sold, and/or commercial activity conducted on the premises on which the sign is located. All signs must be located on the premises of the business activity, except as noted in Subsection F of this section which relates to directional signs.
(2)
Each business or industrial establishment so located
shall be permitted one of the following alternative sign displays:
(a)
One projecting double-faced sign, not exceeding
10 square feet per side, provided that such sign shall not project
more than five feet beyond the principal building on the lot, and
provided further that such sign shall not extend more than 13 feet
above ground level or exceed the height of the building at the point
of location of the sign, whichever is more restrictive.
(b)
One freestanding double-faced sign, not exceeding
10 square feet per side or face, provided that such sign shall not
extend more than 10 feet above ground level at the point of location
of the sign. Furthermore, the sign shall not be located closer than
eight feet to said ground level if located in an area of pedestrian
traffic.
(c)
Not more than two wall, hanging, or borderless
signs having an aggregate area of not more than 25 square feet, provided
that neither of the signs extends above the height of the building
at the point of location of such sign, and provided further that neither
sign extends beyond the end of the building at the point of the location
of such sign.
E.
Temporary signs.
(1)
All signs of a temporary nature, such as political
posters, banners, and signs of a similar nature, restricted to church,
school, civic and other nonprofit functions, shall be permitted for
a period of 30 days, except as otherwise explicitly provided by this
section, without issuance of a sign permit or payment of a fee. Such
signs shall not, however, be attached to fences, trees, utility poles,
traffic signs, or the like, nor be placed in a position that will
either obstruct or impair vision of traffic or in any manner create
a hazard or disturbance to the health, welfare or safety of the general
public. Such signs may not represent a commercial product, activity
or enterprise and shall not exceed 24 square feet per side. All such
signs shall be removed within seven days of the close of the advertised
event.
(2)
The following specific temporary sign types are more
explicitly addressed by this chapter as provided below:
(a)
Temporary window signs and posters shall be
permitted without permit or fee, provided that they do not exceed
15% of the aggregate surface of the establishment's windows on the
side of the building in which the temporary window signs and posters
appear.
(b)
Temporary "for sale" real estate signs and signs
of a similar nature not exceeding four square feet per side in area
within any residential or commercial district or 10 square feet per
side in any light industrial district shall be permitted without any
permit or fee. All such signs shall be removed immediately upon sale
or lease of the premises.
(c)
A temporary single-sided real estate development
sign not exceeding 10 square feet shall be permitted without fee or
permit on property being sold, leased or developed and is to be erected
parallel to the fronting highway, set back not less than 15 feet,
or attached to the building face. The sign shall be limited to a duration
of 24 months unless otherwise authorized by the Planning Board.
(d)
A temporary single-sided construction sign denoting
the architect, engineer, and/or contractor shall be permitted without
permit or fee when placed upon premises under construction and for
which a building permit has been issued, not exceeding four square
feet in sign area. Said sign shall be removed immediately upon issuance
of a certificate of occupancy or use for the premises or upon termination
or revocation of the building permit.
(e)
A temporary garage sale, yard sale, barn sale, tag sale, or similarly descriptive sign, not exceeding six square feet per side in area, located fully on the property on which such sale is being conducted, and restricted to a period of not more than 48 hours in advance of the sale nor more than 12 hours after its completion shall be permitted. Such signs shall be further restricted by the provisions of § 260-50 of this chapter.
F.
Directional and notification signs.
(1)
Business and public destinations that are isolated from primary routes of travel shall be permitted a maximum of two off-site directional signs subject to the issuance of a sign permit in accordance with Subsection G and the following additional requirements:
(a)
In locations with more than one directional
sign, all such signs shall be affixed to a common standard and shall
be graphically coordinated and arranged so as to present a neat and
orderly appearance. Any such standard shall be designed to accommodate
the later addition of further directional signs.
(b)
No directional sign shall be more than three
square feet in area. In locations with more than one directional sign,
the aggregate area of all such directional signs shall not exceed
12 square feet.
(c)
An off-premises directional sign permit shall
be acquired from the New York State Department of Environmental Conservation
(DEC).
(d)
A letter of authorization shall be obtained
from the owner of the property on which the sign will be located.
[Amended 11-18-2008 by L.L. No. 2-2008]
(2)
Each general, business or light industrial use may erect on-site directional and notification signs, provided that the individual signs do not exceed two square feet in area and are limited to such text as "Office," "Entrance," "Exit," "Reserved Parking" or "No Parking." Permits shall be granted only if the applicant can clearly demonstrate that any such on-site directional or notification sign will be set back not less than five feet from any public right-of-way or any property line. During site plan review, as governed by Article VII of this chapter, the Planning Board may recommend that the Zoning Enforcement Officer issue sign permits for such signs.
G.
Sign permit required. Except as otherwise stated herein,
no sign or other device for advertising or notification purposes of
any kind shall be erected, established, added to, or altered until
a sign permit has been issued by the Zoning Enforcement Officer. All
applications shall include such information as may be required by
the Zoning Enforcement Officer to determine compliance with these
sign regulations and shall be accompanied by payment of the required
sign permit fee in accordance with a schedule established and reviewed
annually by the Town Board.
A.
Except as otherwise provided in Subsection B or D below, in any residential or commercial district, fences and walls shall not exceed six feet in height when erected in a rear or side yard nor four feet in height when erected within a front yard. Height shall be measured from the finished grade to the top of fence.
[Amended 7-3-2013 by L.L. No. 1-2013]
B.
In the Light Industrial (LI) District, fences and
walls shall not exceed eight feet in height, except that on a residential
district boundary line such fences or walls shall not exceed six feet
in height, as determined by the Planning Board.
C.
In any district, all fences and walls shall conform to the requirements of § 260-27B of this chapter, as pertains to corner lots where special sight clearance considerations are necessary to protect traffic safety.
D.
Fences and walls shall be permitted within the required
front, side and rear yard, except that fences and walls shall be set
back five feet from the edge of pavement (or alternative surface)
or ditch line when bordering a public or private road, highway, shared
drive, or right-of-way. Further, fences and walls, for the purposes
listed below, shall be permitted as follows, but shall not be located
within the required front yard nor within 20 feet of any lot line
in the R8, R5, R3, and LI Districts nor within 10 feet of any lot
line in the HC, HR, R1.5, and NC Districts unless otherwise specified
herein. All such fences shall be removed within 12 months of the termination
of the use for which they were erected.
[Amended 7-3-2013 by L.L. No. 1-2013]
(1)
Tennis court enclosure. Chain link fence is permitted
up to 10 feet in height.
(2)
Swimming pool enclosure. Fence is permitted up to
six feet in height.
(3)
Enclosures to prevent animal intrusion or escape.
(a)
Vegetable garden enclosure. Chain link or open
mesh fence is permitted up to eight feet in height. If the fence is
to be less than four feet in height, it may be located within the
front yard or within 20 feet of any lot line and may be built from
material chosen by the property owner or lessee. No such fence shall
enclose a residence or other principal building.
(b)
Electric fence enclosure.
[1]
Electric fence is permitted in all districts
except the Floodway (FW) District up to eight feet in height and permitted
in the required front yard, provided that a twenty-foot setback from
the front lot line is maintained. Area enclosed must not exceed 70%
of the property.
[2]
Electric fence shall be conspicuously posted
at intervals of not more than 25 feet so as to warn the public that
it is electrified.
[3]
The area around the electric fence must be cleared
of undergrowth and debris for a minimum of six feet on the exterior
side and two feet on the interior side of the fence.
[4]
High-tensile smooth steel wire (12 1/2
gauge) utilizing current supplied by a high-voltage, low-impedance
charger or a conventional charger emitting short, high-voltage pulses
must be used.
[5]
Fences that conduct a continuous electric current,
such as those advertised as pet deterrents or weed burners, are prohibited.
[6]
All electric fences shall comply with the minimum
specifications of the Underwriters' Laboratories, Inc.
(c)
Livestock enclosure. Fencing, other than electric
fencing, is permitted up to six feet in height.
(d)
Dog enclosure. Chain link or open mesh fence
is permitted up to six feet in height. Area enclosed must not exceed
20% of the property if one acre or less. If the property is more than
one acre in size, the area enclosed must not exceed 10% of the property
or 9,000 square feet, whichever is greater.
(e)
Enclosure for fowl. Chain link or open mesh
fence or cage is permitted up to eight feet in height, which fence
must be at least 25 feet from any property line.
E.
Barbed wire fence is prohibited in all districts.
F.
Any fence, wall or gate erected or installed in accordance
with this section shall be maintained in good order.
G.
The height of gates shall not exceed permitted fence
heights, except that ornamental overhead architectural features, such
as arches and trellises, shall be allowed provided that the feature's
height shall not exceed 15 feet above ground level at the location
of the gate.
Nothing contained herein shall prohibit the
excavation of sand, gravel, shale, topsoil or similar material from
a lot preparatory to construction of a building for which a building
permit has been issued, or to move such material from one part of
a site to another part of the same site, when such excavation or removal
is clearly incidental to the approved building construction and/or
site development and necessary for improving the property for a use
permitted in the district in which the property is located. Provision
shall be made to restore an effective cover crop to any area of land
from which topsoil has been removed or covered within the first growing
season following the start of such operation.
[Amended 8-18-2009 by L.L. No. 1-2009; 10-25-2011 by L.L. No.
8-2011]
It shall be unlawful for any person to undertake any regulated activity, as defined in § 260-34C, in any wetland, watercourse, water body or their associated buffer without a wetland and watercourse permit (hereinafter referred to as "wetland and watercourse permit") issued by the Town of Woodstock.
A.
ACOE
ACTIVITY, PREEXISTING, NONCONFORMING
ACTIVITY, REGULATED
AREAL
BANK
BERMING
BOUNDARY OF A WETLAND
BUFFER, WATERCOURSE
BUFFER, WETLAND
CHANNEL
CHANNELIZATION
CHROMA
DAMS AND WATER CONTROL MEASURES
DEPOSIT (DEPOSITING)
DISCHARGE
DOMINANT SPECIES
DRAIN
DURATION, LONG
DURATION, VERY LONG
FACULTATIVE SPECIES
(1)
(2)
(3)
FLOOD, ONE-HUNDRED-YEAR OR BASE
FLOODPLAIN or FLOOD-PRONE AREA
GROWING SEASON
HEC-RAS
HISTOSOLS/ORGANIC SOILS
HYDRIC SOILS
HYDROPHYTIC VEGETATION
MITIGATION PLAN
MUNSELL SOIL COLOR CHARTS
NATIONAL LIST OF PLANT SPECIES THAT OCCUR IN WETLANDS, 1988,
NEW YORK
NYCDEP
OBLIGATE UPLAND SPECIES (UPL)
OBLIGATE WETLAND SPECIES (OBL)
ORGANIC SOILS
POLLUTION OF WETLAND OR WATERCOURSE
REGULATED ACTIVITY
REGULATED AREA
UCSWCD
VERNAL POOL
WATER BODY
WATERCOURSE
WATERCOURSE BUFFER AREA
WATERSHED
WETLAND AND WATERCOURSE INSPECTOR
WETLAND BUFFER AREA
WETLAND DELINEATION
WETLAND DELINEATOR
WETLAND (FRESHWATER WETLAND)
(1)
(a)
(b)
(c)
(2)
(a)
(b)
WETLAND HYDROLOGY
WETLAND PERMIT
Definitions specific to wetland permits. Words and phrases used in this section shall be interpreted as defined below, and where ambiguity exists, words or phrases shall be interpreted so as to give this section its most reasonable application in carrying out the regulatory purpose and intent as set forth herein. Words and phrases of broad application to the general provisions of this chapter shall be found in § 260-123, Word usage and definitions.
Army Corps of Engineers.
Those actions and activities occurring within a wetland,
water body, watercourse or their associated buffer areas which were
approved prior to the effective date of this section and for which
the approval has not expired and is still valid. These actions and
activities may not be expanded, changed, enlarged, or altered; or
discontinued for a period of 12 consecutive months without losing
their preexisting, nonconforming status. Preexisting, nonconforming
activities destroyed by human activities or a natural catastrophe
must be reconstructed within 12 months and be completed within 24
months or lose their preexisting, nonconforming status.
See "regulated activity."
Of or relating to or involving an area.
The side slopes of a watercourse.
The process of building up stream banks higher than surrounding
floodplain elevations to contain water unnaturally in the channel.
The outer limit of wetland soils, wetland hydrology, and
wetland vegetation as defined under "wetland/freshwater wetland."
See "watercourse buffer area."
See "wetland buffer area."
A surface feature open to the air that conveys surface water
and has existed long enough to establish a stable route and/or biological
community.
The process of straightening, widening, and excavating gravel
from a watercourse.
See "Munsell Soil Color Charts."
Barriers which intentionally or unintentionally obstruct
the natural flow of water either to raise it, lower it, or artificially
maintain its level.
The act of filling, grading, discharging, emitting, dumping,
or the placement of any material.
The emission of any water, substance, or material into a
wetland, watercourse or wetland/watercourse buffer.
A dominant species is one that exhibits either the greatest
areal extent (ground or canopy cover) or greatest density (number
of plants per unit area) within one or more layers (tree, shrub, herb)
of a naturally occurring plant community.
To deplete or empty of water by drawing off by increments.
A duration class referring to flooding or inundation in which
inundation for a single event ranges from seven days to one month.
A duration class referring to flooding or inundation in which
inundation for a single event is greater than one month.
Plant species that, because of their broader ecological requirements
or tolerances, can occur in both wetlands and uplands to varying degrees.
Subcategories of facultative species include:
FACULTATIVE WETLAND SPECIES (FACW)Plant species that usually occur in wetlands (estimated probability 67% to 99%), but occasionally are found in nonwetlands;
FACULTATIVE SPECIES (FAC)Plant species that are equally likely to occur in wetlands or nonwetlands (estimated probability 34% to 66%); and
FACULTATIVE UPLAND SPECIES (FACU)Plant species that usually occur in nonwetlands (estimated probability 67% to 99%), but occasionally are found in wetlands.
The highest level of the flood that, on the average, is likely
to occur once every 100 years, i.e., has a one-percent chance of occurring
each year.
A land area adjoining a river, stream, lake, watercourse,
water body or wetland, which is likely to be inundated by water from
any source.
The portion of the year when soil temperatures are above
biologic zero (5° C.); the growing season for Ulster County is
approximately May 15 through September 15.
River analysis system software developed by the Hydrological
Engineering Centers of the Institute for Water Resources of the United
States Army Corps of Engineers.
A taxonomic soils order composed of organic soils (mostly
peats and mucks) that have a predominance of organic materials to
a depth of 16 inches or more, or to any lesser depth if bedrock is
closer than 16 inches to the surface.
A soil that is saturated, flooded, or ponded long enough
during the growing season to develop anaerobic conditions in the upper
part; see expanded definition under "wetland." For field identification
delineation purposes, soil in the upper 18 inches with a predominant
chroma of two or less on the Munsell Color Charts, whether streaked
with brighter colors (mottled) or not, generally meet the field criterion
of hydric soils.
The sum total of macrophytic plant life that occurs in areas
where the frequency and duration of inundation or soil saturation
produce permanently or periodically saturated soils of sufficient
duration to exert a controlling influence on the plant species present.
A plan prepared and implemented by an applicant in accordance
with a wetland and watercourse permit issued upon demonstration that
either losses or impacts to wetlands/watercourses and/or wetland/watercourse
buffer areas are necessary and unavoidable.
A soils color designation system based on a collection of
color-reproduced chips that visually demonstrate the relative degree
of the three fundamental variables of color: hue, value, and chroma,
as produced by the Kollmorgen Corporation, 1975, or as amended or
updated from time to time. Each color chart shows the range and variation
in value and chroma for a specific hue.
The list of obligate and facultative upland and wetland plant
species developed by the United States Department of the Interior
Fish and Wildlife Service in cooperation with the National and Regional
Wetland Plant List Review Panels, as amended and updated from time
to time.
New York City Department of Environmental Protection.
Plant species that, under natural conditions, nearly always
occur in nonwetland uplands (i.e., greater than 99% of the time).
The less-than-one-percent difference allows for anomalous wetland
occurrences (i.e., occurrences that are spontaneous or unexplainable
or are the result of human-induced disturbances and transplants).
Plant species that, under natural conditions, nearly always
occur in wetlands (i.e., greater than 99% of the time). The less-than-one-percent
difference allows for anomalous wetland occurrences (i.e., occurrences
that are spontaneous or unexplainable or are the result of human-induced
disturbances and transplants).
See "histosols."
The contamination or the departure from the range of normal
variation in physical or chemical factors of any wetland or watercourse
by reason of erosion, or by any waste or other materials discharged
or deposited therein.
Wetlands, waterbodies, vernal pools, watercourses and their
associated wetland/watercourse buffer areas as defined in this section.
Ulster County Soil and Water Conservation District.
Seasonally flooded, isolated pool of standing water that
is devoid of naturally occurring fish and that persist, in a year
of average, precipitation for at least two months (average annual
precipitation in the Woodstock area is 48 inches). Vernal pools are
essential breeding habitat for certain amphibians, including, but
not limited to, the following species: spotted salamander (Ambystoma
maculatum), marbled salamander (Ambystoma opacum), Jefferson salamander
(Ambystoma jeffersonianum), blue-spotted salamander (Ambystoma laterale),
Northern spring peeper (Hyla c. crucifer), and wood frog (Rana sylvatica).
Any natural or artificial pond, lake, reservoir, or other
area which usually or intermittently contains water and which has
a discernible shoreline. For the purposes of this chapter, a water
body is also a wetland, and the appropriate wetland buffer area shall
apply. An artificial pond of less than 1/10 of an acre (i.e., 4,356
square feet) shall not be considered a regulated water body, provided
its creation and maintenance does not alter the flow, function or
values of existing waterbodies, wetlands or watercourses.
Any natural, artificial, permanent, seasonal, or intermittent,
public or private water segment, such as rivers, streams, brooks,
or other waterways that are contained within, flow through, or border
on the Town of Woodstock. A watercourse contains a discernible channel,
bed, and/or banks and usually flows in a particular direction. Artificial
water segments, such as swales and ditching shall not be considered
a regulated watercourse, provided they do not discharge directly into
a naturally occurring wetland water body or watercourse.
A specified area surrounding a watercourse that is intended
to provide some degree of protection to the watercourse from human
activity or other encroachment associated with development. The watercourse
buffer area shall be subject to the regulations for watercourses as
defined herein and shall be determined by consulting the map entitled,
"Applicable Watercourse Buffers" which is maintained in the office
of the Planning Board and Building Inspector. The buffer area is the
area extending horizontally away from and paralleling the edge of
bank of a watercourse. Buffer widths vary from 30 to 45, 60, 75, 90
or 100 feet (each side) depending on the upstream drainage area and
the slope of the land. The default buffer for all watercourses is
30 feet from the edge of bank.
The region draining into a river, river system, or other
body of water.
The agent appointed by the Town Board, who may or may not
be employed by the Town also as a Building Inspector, charged with
enforcement and permit-processing responsibilities associated with
regulated activities within regulated areas. The determination of
the Wetland and Watercourse Inspector shall be of the same force and
effect and subject to the same laws and regulations as those of the
Building Inspector. The Wetland and Watercourse Inspector must be
certified in basic wetland delineation.
A specified area surrounding a wetland, that is intended
to provide some degree of protection to the wetland from human activity
or other encroachment associated with development. The wetland buffer
area shall be subject to regulations and site conditions for wetlands
and watercourses as defined herein. The wetland buffer area shall
consist of the area extending 100 feet horizontally away from and
paralleling the outer wetland boundary limits of a wetland of greater
than 1/10 of an acre (i.e., 4,356 square feet) and 50 feet horizontally
away from and paralleling the outer wetland boundary limits of a wetland
of equal to or less than 1/10 of an acre.
The process by which the boundary or edge of a wetland is
determined. Delineations shall be in accordance with Part IV of the
US Army Corps of Engineers Wetland Delineation Manual (1987) herein
referred to as the Wetland Delineation Manual.
A person who has demonstrated training and experience in
the identification of wetlands and watercourses, and the use of the
Corps of Engineers Wetland Delineation Manual (January, 1987) including
preparation of federal data forms and federal level wetland delineation
reports. A wetland delineator must have a degree from an accredited
university in a related field and a minimum of two years of continuous
wetland and watercourse delineation experience as set forth above.
All areas that comprise hydric soils and/or are inundated or
saturated by surface water or groundwater at a frequency and duration
sufficient to support, and that under normal circumstances do support,
a prevalence of vegetation typically adapted for life in saturated
soil conditions. For the purposes of this chapter, the term "wetland"
shall refer to freshwater wetlands and shall generally include swamps,
marshes, bogs, vernal pools, and similar areas. Wetlands must have
the following three general diagnostic environmental characteristics:
Wetlands vegetation. The prevalent vegetation consists of macrophytes
that are typically adapted to areas having hydrologic and soil conditions
as described above. Hydrophytic species, due to morphological, physiological,
and/or reproductive adaption(s), have the ability to grow, effectively
compete, reproduce, and/or persist in anaerobic soil conditions. Indicators
of vegetation associated with wetlands are listed in Paragraph 35
of the Wetland Delineation Manual.
Wetlands Soil. Soils are present and have been classified as
hydric, or they possess characteristics that are associated with saturated
soil conditions. Indicators of these soils are listed in Paragraphs
44 and 45 of the Wetland Delineation Manual.
Wetlands hydrology. Wetlands are inundated either permanently
or periodically at mean water depths equal to or less than 6.6 feet,
or the soil is saturated to the surface at some time during the growing
season. Indicators of hydrologic conditions that occur in wetlands
are listed in Paragraph 49 of the Wetland Delineation Manual.
Regulated wetlands do not include:
Detention, infiltration and retention basins created as part
of an approved local, state or federal stormwater pollution prevention
plan; or
An artificial pond of less than 1/10 of an acre (i.e., 4,356
square feet), provided the pond's creation and maintenance does not
alter the flow, function or values of existing waterbodies, wetlands
or watercourses.
The sum total of wetness characteristics in areas that are
inundated or have saturated soils to within 18 inches of the surface
for a sufficient duration to support hydrophytic vegetation.
That form of written approval required by § 260-34 of this chapter allowing for a specific regulated activity in a regulated area.
C.
Regulated activities. The following activities shall require a wetland
and watercourse permit when conducted within a regulated area:
(1)
Any form of mining, dredging or excavation and any grading or removal
of soil, mud, sand, gravel, peat, silt or any other earth material,
either directly or indirectly.
(2)
Any form of dumping, filling or depositing of any soil, stones, sand,
gravel, mud, rubbish or fill of any kind, either directly or indirectly.
(3)
Construction or enlargement of any building or structure except as allowed by § 260-34D(13) and (14), whether or not the same affects the ebb and flow of water.
(4)
Construction of any road, driveway or parking facility, or paving,
or establishment of trails consisting of impervious surfaces for vehicles,
whether or not the same affects the ebb and flow of water.
(5)
Placement of any obstructions within a wetland, water body and/or
watercourse, whether or not the same affect the ebb and flow of water.
(6)
Draining or ditching with the intent of mosquito control.
(7)
Creation of a diversion of water flow on any watercourse, including
but not limited to constructing dams, docks (pilings), or bridges.
(8)
Timber harvesting or clearing of vegetation, except as allowed without a wetland and watercourse permit pursuant to § 260-34D of this chapter.
(9)
Commercial use or storage of any chemicals, dyes, fertilizers, fuels,
herbicides, pesticides, petroleum products, de-icing materials, or
similar materials in any regulated area, such that the same may cause
pollution of waters.
(10)
Introduction of any influents of high thermal content to a wetland,
water body or watercourse, as may be capable of causing deleterious
ecological effect. Deleterious effects shall be defined in accordance
with the New York State Department of Environmental Conservation,
Chapter X, Division of Water, Part 704 regulations, or its successor.
(11)
Installation of septic disposal systems or swimming pool drainage
systems; discharging sewage treatment effluent or other liquid wastes;
construction of wells; or installation of any pipe or other conduit
in a regulated area; whether or not said activities affect the ebb
and flow of water.
(12)
Withdrawal of ground- or surface water in excess of 2,500 gallons
per day for more than seven days in the course of one year which may
cause an increase or decrease in the flow, velocity or volume of water
in any watercourse or water body (excluding the natural seasonal fluctuations
of said watercourse or water body and controlled dam releases);
(13)
Interbasin transfers of water (such as water supply distribution
systems and sewer systems) of more than 10,000 gallons per day from
one watershed to another watershed.
D.
Nonregulated activities. The following activities may be conducted within a regulated area, as defined in § 260-34B of this chapter, without a wetland and watercourse permit to the extent that such activities do not constitute a pollution or erosion hazard or interfere with proper drainage. Such non-regulated activities shall conform to all other applicable ordinances and/or laws.
(1)
Creation or maintenance of an artificial pond less than 1/10 of an
acre (4,356 square feet) in size, provided the pond does not alter
the flow, function or value of existing, regulated waterbodies, wetlands
or watercourses as defined herein.
(2)
Creation of an artificial water segment, such as a ditch or swale,
to collect diffuse surface runoff, provided that the artificial water
segment does not discharge directly into a naturally occurring water
body, wetland or watercourse.
(3)
Construction of an addition to an existing single-family residence
or existing customary detached accessory structure within a wetland
buffer area or watercourse buffer area, which addition shall be no
greater than 300 square feet in structure coverage, and provided that
such addition shall be constructed no closer than the existing structure
to the top of bank of a regulated watercourse or the delineated wetland
or water body boundary.
(4)
Construction or placement of one accessory structure or portable accessory building per lot with a maximum floor area of 80 square feet within a wetlands buffer or watercourse buffer area, providing construction or placement maintains a minimum distance of 1/2 the applicable regulated buffer width from the top of bank of a regulated stream and/or delineated wetlands boundary, does not involve land clearing, grubbing, grading, excavation or fill activities and conforms to the applicable provisions of § 260-16 of this chapter.
(5)
Ordinary maintenance and repair of existing functional structures,
facilities, or improved areas which do not involve expansion or substantial
restoration, reconstruction, rehabilitation or modification, including
but not limited to bridges, roads, highways, driveways, walkways,
walls, fences, railroad beds, bulkheads, docks, piers, or pilings.
(6)
Installation of fences in a wetland or watercourse buffer if post
holes are hand dug and are the only permanent disturbance.
(7)
Public health activities, orders, and regulations of the Ulster County
Department of Health and/or the New York State Department of Health
for emergencies.
(8)
Operation and maintenance (but not expansion, replacement or enlargement)
of dams, retaining walls, terraces, sluices, culverts, or other water
control structures or devices, involving the adjustment of water elevations
of no greater than 18 inches from existing levels.
(9)
Normal ground maintenance of existing landscaped or improved areas,
including mowing, trimming of vegetation, and removal of dead or diseased
vegetation, including trees.
(10)
Harvesting of trees and firewood for the personal use of the
property owner providing at least 60 trees of five inches or more
in diameter at 4 1/2 feet above ground level are left per acre.
(12)
Any actual and ongoing emergency activity which directly addresses
an imminent threat to the protection or preservation of life, property
or natural resource values. Such emergency activities include, but
are not limited to search-and-rescue operations; activities intended
to remedy large-scale contamination of streams or other bodies of
water; response to imminent floods, hurricanes, and other storms that
follow established emergency response plans for a watercourse; firefighting
and public health concerns.
(13)
Deposition or removal of natural products of wetlands in the
process of recreational or commercial fishing, aquaculture, hunting,
or trapping where otherwise legally permitted and required but excluding
excavation and removal of peat, timber or mined material such as gravel.
(15)
Removal of invasive species by recipients of grants under the
New York State Department of Environmental Conservation's Aquatic
Invasive Species Eradication Grant Program or similar program with
the same standards of issuance. A copy of such standards shall be
available at the offices of the Town of Woodstock Building Inspector
and/or Wetland and Watercourse Inspector.
(16)
Preexisting, nonconforming activity or use approved prior to
the effective date of this chapter, whether or not such activity or
use has commenced provided that the:
(a)
Approval of such activity or use has not expired and is still
valid;
(b)
Activity or use is not expanded, changed, enlarged, or altered
except in accordance with the provisions and procedures set forth
herein;
(c)
Activity or use is not discontinued for a period of 12 consecutive
months;
(d)
Activity or use once destroyed by human activities or a natural
catastrophe begins reconstruction within 12 months and is completed
within 24 months.
(17)
The Woodstock Highway Department shall be exempt from the permitting
requirements named herein.
E.
Wetland and watercourse permit determination.
(1)
Any person proposing to conduct or causing to be conducted an activity
in or near a regulated area as defined in this chapter shall file
a request for a wetland and watercourse permit determination with
the Town of Woodstock on forms provided by the Building Department
as follows:
(a)
The wetland and watercourse permit determination request shall
be filed with the Building Inspector on forms provided by the Building
Department for all building permit applications.
(b)
The wetland and watercourse permit determination request shall
be filed with the Planning Board office if the project involves site
plan, subdivision or special permit approval.
(2)
Within seven business days of receipt of a complete wetland and watercourse
determination application, the Town of Woodstock Building Inspector
or the Planning Board office shall forward the application to the
Wetland and Watercourse Inspector.
(3)
Site visit(s). The Wetland and Watercourse Inspector, or his/her
agent, may enter upon lands or waters so as to undertake investigations,
examinations, surveys, or other activity, including the review of
applications and determinations of compliance with permits.
(4)
Duties and considerations. The Wetland and Watercourse Inspector
shall:
(b)
Determine, after a site visit to the subject property(ies),
whether the proposed regulated activity is within a regulated area.
The Wetland and Watercourse Inspector may utilize all available information
to make such a determination, including but not limited to:
[1]
New York State Department of Environmental Conservation Freshwater
Wetland Maps.
[2]
United States Department of the Interior National Wetlands Inventory
Maps.
[3]
USDA — Natural Resources Conservation Service Revised
Soil Survey for Ulster County.
[4]
Aerial photographs, which may be obtained from the USDA-Soil
Conservation Service in Ulster County, or from the Town of Woodstock's
Geographic Information System.
[5]
Flood Insurance Rate Maps, Drainage Reports, and Flood Insurance
Studies produced by the Federal Emergency Management Administration.
[6]
Stable stream channel geometry dimension data as available from
NYCDEP or the UCSWCD.
(5)
Written response. Within 10 business days of receipt of a complete
wetland permit determination application, the Wetland and Watercourse
Inspector shall transmit in writing to the Building Department, Planning
Board and applicant the determination on whether a wetland and watercourse
permit is required. If a determination cannot be made due to lack
of information, the Wetland and Watercourse Inspector shall request
additional information, including but not limited to a wetland delineation,
at this time.
F.
Wetland and watercourse permit application. Upon a determination
by the Wetland and Watercourse Inspector that a wetland and watercourse
permit is required, a wetland and watercourse permit application shall
be filed by the applicant with the Planning Board on forms furnished
by the Planning Board office. An application for a wetland and watercourse
permit shall include the following information:
(1)
The completed original application and five copies of all forms.
(2)
The application fee as specified by the fee schedule established
by the Town Board and available from the Planning Board office.
(3)
A description of the proposed work and the purpose thereof, and an
explanation why the proposed activity cannot be located outside of
wetlands, watercourses and associated buffer areas.
(4)
Owner's permission to allow site visits to subject property by Town
authorities.
(5)
The name(s) and mailing address(es) of the owner(s) of record of
lands adjacent to the property(ies) where the proposed regulated activity
will be located. The names and addresses shall be as they appear on
the tax roll of the Town of Woodstock.
(7)
Copies of all applicable local, county, state, and federal permits
or other permit applications that are required for proposed activities.
(8)
A project location map which indicates the approximate boundaries
of the property in relation to surrounding land and roadways on a
United States Geological Survey or New York State Department of Transportation
topographic map having a scale of no less than one inch equals 2,000
feet.
(9)
A detailed map of the subject property(ies), drawn to a scale of
not less than one inch equals 50 feet and showing:
(a)
An existing conditions plan depicting all existing structures
and improvements, including buildings, drainage structures, wells
and septic systems, and depicting all natural resources to be impacted
such as trees, ridgelines, woodlands, and stone walls located on the
subject property(ies).
(b)
The approximate boundaries of all areas of one-hundred-year
floodplains, wetlands, watercourses and associated buffer areas.
(c)
A grading and drainage plan showing contour lines at two-foot
intervals in the area to be disturbed and depicting existing and proposed
topographic conditions.
(d)
All proposed site improvements, including all areas to be disturbed,
structures, roads, parking areas, sewage disposal facilities, water
supply facilities, drains, culverts, stormwater treatment facilities,
fences and walls.
(e)
A stormwater pollution prevention plan (SWPPP) in accordance
with the New York State Stormwater Management Design Manual where
required by state law.
(f)
Where creation of a lake, pond, detention or other water impoundment
is proposed, details of the construction of any dams, berms, embankments,
outlets or other water control devices.
(g)
A request for any waivers in accordance with § 260-34G(6) of this chapter.
G.
Planning Board procedures and standards. Upon receipt of a completed
application, the Clerk of the Planning Board shall schedule the application
for sketch review at the next available time on the agenda and shall
transmit a copy of said application to the Woodstock Environmental
Commission for its review. Planning Board review shall follow the
procedures and standards set forth herein.
(1)
Planning Board review of application. At sketch review, the Planning Board shall determine whether the application is complete pursuant to § 260-34F. When the wetland and watercourse permit application is in conjunction with a site plan, subdivision and/or special permit application pursuant to the Town of Woodstock Town Code, the Planning Board shall consider whether the following additional information is required based on the project's scope, the basic land use and design:
(a)
A wetland delineation report in accordance with the standards
set forth in this chapter and prepared by a qualified wetland delineator.
The report shall include the identification of hydrophytic vegetation,
wetland hydrology, and a description of the soil types on site, including
all hydric inclusions per soil type and field-observed indicators
of hydric soils and shall confirm the limits of the wetlands as shown
on the plans. The description of the vegetative cover of the regulated
area shall include the dominant species and their wetland classified
status [Facultative (FAC), Facultative Wetland (FACW), Facultative
Upland (FACU), Obligate Wetland (OBL)].
(b)
Detailed maps of the proposed site improvements containing the elements required by § 260-34F(9) above and certified by an engineer, architect, land surveyor, or landscape architect licensed in the State of New York, drawn at a scale of no greater than one inch equals 50 feet, and supplemented by one or more of the following:
[1]
The boundaries of all wetlands, watercourses and associated
buffer areas as identified and delineated by a qualified scientist/wetland
delineator on a survey documenting the field delineation. This survey
shall have been completed no more than 18 months prior to the date
of filing of the application and shall utilize the Wetland Delineation
Manual.
[2]
The locations and specifications for all proposed draining,
fill, grading, dredging, drainage-way modifications and vegetation
removal, including the areas and quantities proposed for deposition
or removal, the procedures to be used and the dominant species of
vegetation to be removed.
[3]
Groundwater table elevations indicating depth to groundwater
and direction of flow and hydrologic connections with surface water
features.
[4]
Location of the construction area and proposed area of disturbance
in relation to all property lines, roads, buildings, wetlands, watercourses
and associated buffer areas within 500 feet utilizing available aerial
photography, orthoimagery, land surveys or similar resources.
[5]
A grading and drainage plan showing contours lines at two-foot
intervals in the area to be disturbed and depicting existing and proposed
topographic conditions.
[6]
Details on any existing and proposed drainage facilities, including
locations of any point discharges, artificial inlets, or other conveyances
which would discharge into the wetland, watercourse or associated
buffer, and measures proposed to control erosion both during and after
the proposed work, including a schedule for installation and maintenance
for such measures.
(c)
An analysis of wetland and watercourse hydrologic systems prepared
by a qualified wetland delineator or similar specialist. The analysis
shall include how the hydrological system will be affected by the
proposed action, including water retention capacity, water flow or
other drainage characteristics.
(d)
A floodplain encroachment analysis or a floodplain modeling
and analysis consistent with HEC-RAS procedures or its successor.
(e)
Where appropriate, the Planning Board may, at its discretion,
require that the list of contiguous property owners also include those
contiguous to the subject watercourse(s) for a distance of 500 feet
upstream and downstream from the subject property and those within
or contiguous to the subject wetland(s).
(f)
Correspondence from the New York Natural Heritage Program on
significant natural communities, rare plants and animals and threatened
and endangered species on site and in the immediate area.
(g)
Description of all proposed temporary disruptions or diversions
of local hydrology and proposed mitigation measures.
(h)
The Planning Board may require additional information deemed
necessary to evaluate the proposed regulated activity in terms of
reducing potential impacts on wetlands, waterbodies, watercourses
and wetland/watercourse buffers. Such information may include, but
is not limited to, the study of other hazards at the site, and the
effect of any protective measures that might be taken to reduce such
hazards.
(2)
Standards for permit review. In the review of permit applications
the Planning Board shall require all applicants to demonstrate the
following in priority order:
(a)
First, applicants must demonstrate that potential wetland and
watercourse impacts and losses cannot be entirely avoided.
(b)
Second, applicants must demonstrate that any unavoidable impacts
and losses to wetland and watercourse functions or benefits can and
will be minimized to the greatest extent practicable.
(c)
Finally, applicants must fully mitigate any remaining adverse impacts and losses to wetlands, watercourses and adjacent buffer areas and the functions and benefits of such resources, and must demonstrate that there will be no net loss of wetland acreage through a mitigation plan pursuant to § 260-34H.
(3)
Recordkeeping. All information relating to a wetland and watercourse
permit application, including but not limited to the application itself,
additional required materials or information, notices, record of hearings,
written comments, and findings shall be maintained on file in the
office of the Planning Board.
(4)
Consultant review. In its review of the wetland and watercourse permit application, the Planning Board may consider the recommendation(s) of the Woodstock Environmental Commission. The Planning Board may seek the advice of its designated private consultants, the Building Inspector, the Superintendent of Highways, other local and county officials, in addition to representatives of federal and state agencies, including, but not limited to the Natural Resources Conservation Service, the New York State Department of Transportation (DOT), the New York State Department of Environmental Conservation (DEC) and the Army Corps of Engineers. Designated consultant fees shall be paid by the applicant in accordance with § 260-34L.
(5)
Simultaneous review. Nothing herein shall prohibit simultaneous review
of a wetland and watercourse permit application with all other applications
requiring Planning Board approval; however, a separate fee and wetland
and watercourse permit application shall be filed by the applicant
with all other required applications. Issuance of a separate wetland
and watercourse permit shall be required.
(6)
Waivers.
(a)
Should the Planning Board determine, after reviewing the application,
and upon the recommendation of the Wetland and Watercourse Inspector,
that the proposed activity will have no significant negative impacts
on the values and functions of the regulated area, the Planning Board
shall have the power to:
(b)
The decision and reasons for any such waiver shall be clearly
set forth in the official record.
(c)
The abovementioned waivers may also be granted for a proposed
action of a significant nature when the proposed action consists of
a specific, independent watercourse, wetland or wetland/watercourse
buffer restoration project and a restoration plan has been submitted
to the Planning Board.
H.
Wetland/watercourse mitigation plan.
(1)
The Planning Board shall require the applicant to prepare and submit
a wetland/watercourse mitigation plan when the Planning Board has
determined that either losses or impacts to the wetland, watercourse
or wetland/watercourse buffer area are necessary and unavoidable.
For the purposes of this chapter, wetland, watercourse or wetland
watercourse buffer area impacts are necessary and unavoidable only
if all of the following criteria are satisfied:
(a)
The proposed regulated activity is compatible with the public
health, safety, and general welfare.
(b)
There is no feasible or practical alternative to the proposed
regulated activity, including, but not limited to, reduction in density,
change in use, revision of road and lot layout, and/or related site
planning considerations, that could accomplish the basic objectives
of the proposal.
(c)
There is no practicable alternative to the proposed regulated
activity on another portion of the subject property that is not within
a wetland, watercourse or wetland/watercourse buffer area.
(2)
Mitigation plan format. The minimum components of the wetland/watercourse
mitigation plan shall be:
(a)
A project narrative, describing:
[1]
The project name, the name of all responsible parties (applicant
and applicant representatives), a description of the proposed activities,
their location and any available watercourse or wetlands classification
(NYSDEC and National Wetlands Inventory).
[2]
Existing conditions, including soil types, vegetation, land
uses, fauna, hydrological characteristics, wetland or watercourse
size, size of undisturbed buffer areas.
[3]
The proposed action's impacts on the regulated area, including
the size of the area disturbance, effects on hydrological functions
and values, effects on vegetation and effects on fauna.
[4]
The mitigation alternatives to be employed, rationale for why
they were chosen, the sequence for implementation, their success criteria
and monitoring provisions as required by § 260-34OH(3) of
this chapter.
(b)
Elements of the mitigation plan requiring site improvements, such as constructing vegetative swales or detention areas, shall be depicted on the detailed site plan required by § 260-34F of this chapter.
(c)
A landscaping/planting plan, which shall include, but is not
limited to, drawings depicting plant species, plant distribution,
number and spacing, plant height at the time of planting, a replacement
plan for dead or dying plantings, soil enhancements if necessary,
erosion control methods and irrigation plan if necessary.
(d)
All temporary sediment and erosion controls and stream/wetlands crossing mitigation methods to be employed shall be depicted on the detailed site plan required by § 260-34F of this chapter.
(e)
Any wetland creation of restoration mitigation plan shall be
no less comprehensive than that recommended by the ACOE's, "Operation
Guidelines for Creating or Restoring Wetlands that are Ecologically
Self-Sustaining," or its successor.
(3)
Mitigation plan alternatives. Acceptable mitigation must be provided
to minimize impacts to the maximum extent practicable. Wetland and/or
watercourse mitigation measures shall employ generally accepted methodology,
including, but not limited to, the ACOE's "Operation Guidelines for
Creating or Restoring Wetlands that are Ecologically Self-Sustaining;"
NYCRR, Chapter X, Part 663.5 regulations pertaining to freshwater
wetland permit requirements; the Federal Interagency Stream Corridor
Restoration Working Group, "Stream Corridor Restoration" manual; the
New York State Department of Environmental Conservation's "Stream
Crossing: Guidelines and Best Management Practices;" and any locally
adopted guidelines or manuals. The following additional mitigation
measures may be considered:
(a)
Restricting activities within buffer areas by the establishment
of a conservation easement, deed restriction or permanent greenbelt
around wetlands and watercourses and generally prohibiting any activity
within buffer areas which would negatively impact their function.
(b)
Increasing width of the wetland/watercourse buffer area in one
area of the wetland or watercourse to compensate for unavoidable encroachment
in another area on a two-for-one areal basis. Establishment of buffer
area could include improving the density and diversity of native woody
plant species.
(c)
Submission of a mitigation fee specified in the Town of Woodstock
development fee schedule in lieu of on-site mitigation/restoration
activities where it can be proven that there is no practicable method
to mitigate and/or minimize to the maximum extent possible impacts
to a wetland, watercourse or wetland/watercourse buffer area. In no
instance shall a fee be imposed or accepted where it is found other
forms of mitigation are possible. Wetland mitigation fees must be
placed in a special reserve fund as established under the provisions
of § 6 of the General Municipal Law for Town of Woodstock
wetland and watercourse restoration projects.
(d)
As part of a wetland/watercourse mitigation plan, the applicant
may be required to provide for the hiring, by the Town at the applicant's
expense, an environmental monitor who, at the discretion of the Planning
Board, shall be responsible for either short- or long-term inspections
and assessment of permit compliance and wetland mitigation conditions,
as may be needed to assure the effectiveness of the overall mitigation
plan in protecting wetland, watercourse and/or wetland/watercourse
buffer area resources. To conduct environmental monitoring, the Town
may contract with a qualified professional consultant(s), an academic
institution, an independent research group, or other qualified professional(s).
The Town may also use its own staff expertise.
(e)
When required pursuant to § 260-34H(3)(d), the requirements for environmental monitoring procedures shall be specified in the wetland/watercourse mitigation plan in accordance with the provisions of § 260-34O and shall include but not be limited to:
[1]
The time period over which environmental monitoring shall occur,
said period to be no less than three years.
[2]
Field measurements to verify the size and location of the impacted
regulated areas and the restored/replaced mitigation area.
[3]
Date by which the restoration/replacement is required to be
completed.
[4]
Field verification of the persistency of the vegetative, hydrologic,
and soils criteria as specified in the mitigation plan and wetland
permit.
I.
Inactive applications. A wetland and watercourse permit application
must be diligently pursued by the applicant. Should any application
before the Planning Board remain inactive for one year pending submission
of required information, and in absence of a written update and request
for additional time from the applicant within this period, the application
shall be considered withdrawn. A withdrawn application may be resubmitted
as a new application, subject to all applicable fees and review requirements
of this section of this chapter.
J.
Public hearing. A public hearing shall be required as follows:
(1)
Upon a determination by the Planning Board that an application for
a wetland and watercourse permit is complete, the Planning Board shall
set a public hearing which shall commence no later than 62 days after
a determination.
(2)
Notice of the public hearing shall be published at least once in the official newspaper(s) of the Town. Said notice shall appear at least five days before such hearing. At least 10 days before the commencement of the public hearing, the Planning Board shall send a copy of said notice to all property owners whose names have been provided by the applicant pursuant to § 260-34F of this chapter.
(3)
All applications, maps, and documents relating to the proposed regulated
activity shall be available for public inspection in the office of
the Planning Board at least 10 days prior to the public hearing.
K.
Planning Board decision.
(1)
Within 62 days of the close of a public hearing, the Planning Board
shall issue a written decision approving, approving with conditions
or denying the proposed application for a wetland and watercourse
permit.
(2)
Such decision shall be filed in the office of the Woodstock Town
Clerk within five business days. A copy of the filed decision shall
be sent to the applicant, Building Inspector, Wetland and Watercourse
Inspector and any affected municipality which was given notice of
the public hearing.
(3)
Any person or persons who may be individually, jointly or severally aggrieved by any decision of the Planning Board rendered under the provisions of this Subsection K of this chapter may apply to the New York State Supreme Court for review of such decision under the provision of Article 78 of the Civil Practice Law and Rules (CPLR) of New York State, provided that such proceeding shall be instituted within 30 calendar days after the filing of the decision of the Planning Board in the office of the Town Clerk.
(4)
The Planning Board decision shall set forth, in writing, the grounds
for its determination and shall include specific findings with respect
to:
(a)
The impact of the proposed regulated activity upon wetland,
watercourse and wetland/watercourse buffer functions, including:
[1]
Infilling of a wetland and watercourse, or other modification
of topographic contours.
[2]
Disturbance or destruction of flora and fauna, including disturbance
of significant habitats and/or impacts on rare and endangered species.
[3]
Influx of sediments or other materials causing increasing water
turbidity and/or substrate aggradation.
[4]
Removal or disturbance of wetland, watercourse and wetland/watercourse
buffer area soils.
[5]
Destablization of a stream channel or stream bank.
[6]
Reductions and/or increases in wetland and watercourse water
supply.
[7]
Interference with the circulation of water within or through
a wetland or watercourse.
[8]
Damaging thermal changes and/or nutrient levels changes in the
water supply within or through a wetland or watercourse.
[9]
Any other considerations which the Planning Board deems pertinent.
(b)
Any existing wetland, watercourse or wetland/watercourse buffer
area impacts.
(c)
Impact of the proposed regulated activity and reasonably anticipated
similar activities upon flood flows, flood storage, upstream and downstream
channel and bank stability, storm barriers, and water quality.
(d)
Safety of the proposed activity from flooding, erosion, hurricane
winds, soil limitations, and other hazards, and possible losses to
the applicant and subsequent purchasers of the land.
(e)
Compliance with federal, state, county, and local land use regulations.
(f)
Availability of a practicable alternative for the proposed regulated
activity.
(g)
Whether the impacts are necessary or unavoidable based on the criteria listed in § 260-34K(4) of this chapter.
(h)
The impact of the proposed regulated activity upon neighboring
land uses (where Town records are available).
(i)
The overall impact of the proposed regulated activity upon public
health and safety.
(5)
Criteria for denial. The Planning Board shall deny a permit if it
finds that:
(a)
It has been given written notice by the appropriate federal
or state agency that the proposed regulated activity will threaten
a rare or endangered plant or animal species, or violate other federal
or state standards and regulations.
(b)
The proposed regulated activity will be a detriment to the wetland, watercourse or wetland/watercourse buffer area, and/or associated functions and values of these resources, measured by the factors listed in § 260-34K(4), and this detriment outweighs the cumulative benefits associated with the activity.
(c)
There is a feasible alternative for the proposed regulated activity
on site which does not impact a wetland, watercourse or wetland/watercourse
buffer or which can be practicably relocated on the site so as to
eliminate or reduce the intrusion into the regulated area.
(d)
The proposed regulated activity will cause a nuisance to neighboring
property(s) or threaten public health and safety.
(e)
The proposed activity will violate other local standards and
regulations.
L.
Reimbursable costs. Reasonable costs incurred, or expected to be incurred, by the Planning Board for private consultation fees for technical, biological, and engineering services, legal fees, or other expenses in connection with the review of a proposed permit application and wetland/watercourse mitigation plan shall be charged to the applicant and deposited in an escrow account. Such reimbursable costs shall be in addition to the application fee required in this section. All costs charged to the applicant shall be in accordance with the Town of Woodstock's development fee schedule. If the applicant fails to submit the necessary fees for an outside consultant review or there are unpaid amounts for which the applicant is responsible pursuant to this Subsection L, the Planning Board in its discretion may cease review of the application until such amounts are paid; or deny the application. In no event, however, shall any approval be made until all such sums have been paid in full.
M.
Approved wetland and watercourse permits. A wetland and watercourse
permit shall be issued by the Planning Board once all conditions of
written decision approving the application have been met.
(1)
All approved wetland and watercourse permits issued pursuant to this
chapter shall be filed with the Wetland Inspector, Building Inspector
and Town Clerk.
(2)
All wetland and watercourse permits shall be issued pursuant to this
chapter in written form and shall include the following conditions:
(a)
Work conducted under a wetland and watercourse permit shall
be open to inspection at any time by the Wetland and Watercourse Inspector,
Building Inspector or his/her agent.
(b)
The wetland and watercourse permit expiration date shall be
clearly noted and shall be pursuant to the time periods specified
by this chapter.
(c)
The wetland and watercourse permit issued by the Planning Board
shall be prominently displayed at the project site during the undertaking
of the activities authorized by the permit.
(3)
The Planning Board may impose such conditions to any wetland and
watercourse permit approval as may be necessary to assure compliance
with the purposes and intent of this chapter.
(4)
All wetland and watercourse permits shall expire upon completion
of the activities specified and, unless otherwise indicated, shall
be valid for a period of one year from the date of issue. Upon written
request by the original permit holder or his/her legal agent, the
Planning Board may extend the expiration date of the permit for a
time not to exceed that necessary to insure the work required by the
permit is completed, if in its opinion such extension is warranted.
Requests for extensions shall be submitted prior to the expiration
date of the permit.
(5)
Upon satisfactory completion of the work authorized under the wetland
and watercourse permit, the Wetland and Watercourse Inspector shall
recommend to the Building Inspector the issuance of a certificate
of compliance.
(6)
Failure to comply with the conditions of the wetland and watercourse
permit shall be deemed a violation of this chapter.
N.
Time extensions. The applicant and Planning Board may mutually consent
to extend the time for any determination or decision on the application.
Any such extension must be in writing or recorded in the minutes of
the Planning Board meeting at which the extension of time was granted.
O.
Environmental monitoring.
(1)
The Planning Board may require, as a form of mitigation, monitoring
of any approved wetland/watercourse mitigation plan to determine whether
the elements of the granted wetland permit and approved wetland/watercourse
mitigation plan have or are being met, and/or what additional mitigative
measures must be taken to assure compliance with the approved wetland
permit.
(2)
The Planning Board may require the applicant to establish a monitoring
escrow account with the Town to offset the costs of hiring an environmental
monitor for this purpose. The total amount to be deposited for monitoring
shall be determined by the Planning Board upon approval of a wetland
permit or may also be established prior to the commencement of any
permitted regulated activity and shall be based upon the Town of Woodstock
development fee schedule. To perform specific monitoring duties as
defined in the permit, the Planning Board may contract with a qualified
professional consultant(s), an academic institution, an independent
research group, or other qualified professional(s), or may use its
own staff expertise.
(3)
The requirements for monitoring shall be specified in the mitigation
plan and shall include but not be limited to:
(a)
The time period over which environmental monitoring shall occur,
said period to be no less than three years.
(b)
Field measurements to verify the size and location of the impacted
regulated areas and the restored/replaced mitigation area.
(c)
Date by which the restoration/replacement is required to be
completed.
(d)
Field verification of the persistency of the vegetative, hydrologic,
and soils criteria as specified in the mitigation plan and wetland
permit.
P.
Bonds and guarantees.
(1)
The Planning Board may require the permittee to file with the Town
Board a maintenance bond or letter of credit in an amount equal to
100% of the cost estimate for implementation of the required wetland/watercourse
mitigation plan. The maintenance bond or letter of credit shall be
adequate to assure the satisfactory establishment of hydrological
and vegetative restorations for a period of not less than three and
not greater that five years following the completion and acceptance
of the wetland/watercourse mitigation plan by the Town Board. Such
maintenance bond or letter of credit shall be satisfactory to the
designated Planning Board Attorney as to form, manner of execution
and surety.
(2)
A performance bond or equivalent security shall be delivered to the
Town to guarantee to the Town that the applicant shall faithfully
cause to be implemented within a reasonable time any required mitigation
plan components.
(3)
Before the Planning Board issues the wetland and watercourse permit
the applicant shall provide to the Planning Board a detailed cost
estimate of all required mitigation plan components for review and
approval by the Planning Board and its designated representatives.
(4)
In an amount set by the Planning Board, the applicant shall file
with the Planning Board office either a certified check or performance
guarantee to cover the full cost of the required mitigation plan components.
Any such performance bond or equivalent security shall be satisfactory
to the Planning Board and designated Planning Board Attorney as to
form, sufficiency, manner of execution, term and surety. A period
of one year shall be set forth in the bond or equivalent security
as the period within which the required improvements must be completed.
If an extension is requested, the Planning Board may require an increase
in the amount of the bond or equivalent security.
(5)
The applicant shall construct all required improvements to the satisfaction
of the Planning Board or its designated representatives within the
one-year period. For any required improvements not so completed, the
applicant shall file with the Planning Board office an additional
bond or certified check covering the costs of such improvements.
(6)
The performance bond or equivalent security shall not be released
until the Planning Board or its designated representative determine
the mitigation plan components successfully implemented in accordance
with the approved mitigation and site plan.
Q.
Enforcement.
(1)
Site access. Work conducted under an approved wetland and watercourse
permit shall be open to inspection by the Wetland and Watercourse
Inspector or his or her duly authorized agent.
(2)
Whenever the Wetland and Watercourse Inspector has reasonable grounds
to believe that the wetland and watercourse permit holder has not
complied with any or all of the terms of such permit, has exceeded
the authority granted in the permit, or has failed to undertake the
project in the manner set forth in the approved application, the Wetland
and Watercourse Inspector shall promptly refer the matter to the Building
Inspector for issuance of a stop-work order. All work shall be suspended
and shall not resume again until such time that the stop-work order
has been rescinded by the Building Inspector. Such order and notice
shall be in writing, shall state the nature of the noncompliance,
shall state the conditions under which the work may be resumed and
may be served upon the person to whom it is directed either by delivering
it personally to him or her, or by posting the same in a conspicuous
location on the project site and by sending a copy of the same to
the person or persons responsible by certified mail. The Building
Inspector shall file such order and notice as required for an approved
wetland and watercourse permit.
(3)
The Building Inspector is hereby empowered to issue appearance tickets
and to enforce the provisions of this chapter.
All uses within the Flood-Fringe Overlay District,
as mapped by the Federal Emergency Management Agency (FEMA), with
the addition of other lands designated by the Town Board of the Town
of Woodstock as subject to periodic flooding, shall be subject to
the following standards, as shall be certified to by a registered
architect or licensed professional engineer:
A.
All structures shall be designed and anchored to prevent
flotation, collapse or lateral movement due to floodwater-related
forces.
B.
All construction materials and utility equipment used
shall be resistant to flood damage.
C.
Construction practices and methods shall be employed
which minimize potential flood damage.
D.
Adequate drainage shall be provided to reduce flood
hazard exposure.
E.
All public utilities and facilities shall be located
and constructed to minimize or eliminate potential flood damage.
F.
All water supply and sanitary sewage systems shall
be designed to minimize or eliminate floodwater infiltration or discharges
into the floodwaters, including the provision that on-site sewage
systems shall be located so as to avoid impairment of them or contamination
from them during flooding.
G.
All new residential construction or substantial improvement
to residential structures shall have the lowest floor, including basement,
elevated to at least one foot above the water level of the one-hundred-year
flood.
H.
All new nonresidential construction or substantial
improvements to such nonresidential structures shall have their lowest
floor, including basement, elevated to at least one foot above the
water level of the one-hundred-year flood or, as an alternative, be
floodproofed up to the same water level, including attendant utility
and sanitary facilities.
I.
No use shall be permitted, including fill, dredging
or excavation activity, unless the applicant has demonstrated that
the proposed use, in combination with all other existing and anticipated
uses, will not raise the water level of the one-hundred-year flood
more than one foot at any point.
J.
Record of all necessary permits from New York State
or Ulster County agencies from which approval is required shall be
provided.
K.
Plans shall be submitted showing such information
as may be necessary to determine the suitability of the particular
site for the proposed development or use, which information shall
include but not be limited to the following:
(1)
The location of the lot or construction site in relation
to affected watercourses or other bodies of water, boundaries of the
Flood-Fringe Overlay District, topography of the site with elevations
in relation to mean sea level, existing and proposed buildings and
other structures, fill, drainage facilities, and the location and
description of any materials proposed to be stored within the Flood-Fringe
Overlay District on either a permanent or temporary basis incidental
to the proposed project;
(2)
Elevation in relation to mean sea level of the lowest
floor, including basement, of all existing and proposed structures;
(3)
Elevation in relation to mean sea level to which any
nonresidential structure is proposed to be floodproofed, together
with its attendant utility and sanitary facilities;
(4)
Details of how any nonresidential floodproofed structure
meets or exceeds essential floodproofing standards, i.e., that floodproofing
occur so that below the base flood level the structure is watertight,
with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic
and hydrodynamic loads and the effects of buoyancy; and
(5)
Description of the extent to which any watercourse
will be altered or relocated as a result of the proposed development.
L.
Any use proposed within the Flood-Fringe Overlay District
shall include as a condition the additional requirement that certification
by a registered architect or licensed professional engineer of as-built
compliance with the approved plans be submitted to the Zoning Enforcement
Officer prior to either use of the property or issuance of a certificate
of occupancy or use for the intended use or structure. This certification
shall be maintained by the Zoning Enforcement Officer as a permanent
public record available for inspection.
Within the Scenic Overlay District, as determined by the twelve-hundred-foot contour as mapped by the United States Geological Survey (USGS), the construction of new houses, house additions exceeding 300 square feet in floor area, and accessory structures exceeding 300 square feet in floor area, excluding decks and pools, shall be subject to the special use permit procedure provided by § 260-66 of this chapter. All development within the Scenic Overlay District shall conform to the standards for the mitigation of visual impact enumerated in § 260-66 of this chapter. In the event that any proposed development within the Scenic Overlay District does not, in the judgment of the Zoning Enforcement Officer, adequately conform to those standards, the relevant application for a building permit shall be referred to the Planning Board for review under the special use permit procedure provided in § 260-66 of this chapter.
Within the Hamlet Preservation Overlay District all exterior alterations which are subject to a building permit, all demolition of buildings or parts of the exteriors of buildings, any erection or relocation of any building, and any alteration subject to site plan review as provided in Article VII of this chapter shall be subject to a determination by the Commission for Civic Design, as specified in Article XII of this chapter. The boundaries of the Hamlet Preservation Overlay District shall be as defined in § 260-8C of this chapter.
A.
The Hamlet Preservation Overlay District has many
significant historic, architectural and cultural resources which it
is in the interest of the Town to preserve, protect and enhance. It
is the function of the district to protect and enhance the buildings,
landmarks, historic structures and distinctive elements of the district
in order to ensure the harmonious, orderly and efficient growth and
development of the Town. The Hamlet Preservation Overlay District
shall be maintained and preserved to promote its use for the education,
pleasure and welfare of the citizens of Woodstock and visitors.
B.
Further, the purpose of the Hamlet Preservation Overlay
District is as follows:
(1)
To encourage good qualities of exterior building design
and good appearances and to relate such design and appearances to
the sites and surroundings of structures within the district;
(2)
To preserve the prevailing aesthetic character of
the district and to enhance the district by means of complementary
building design;
(3)
To ensure that the design and location of any proposed
structure or the addition, alteration or reconstruction of existing
structures is in harmony with the existing location of its site and/or
the existing structure as well as neighboring properties and the existing
property location;
(4)
To discourage and prevent such design and appearances
that would adversely affect neighboring property(ies);
(5)
To prevent such design and appearances as are unnecessarily
offensive to visual sensibilities, which impair the use, enjoyment
or value of neighboring properties in the district and/or the health,
safety or general welfare of the community at large;
(6)
To preserve existing residential structures in the
district and to encourage their continued use as residences;
(7)
To ensure that the facades of buildings and structures
within the district shall be compatible with those of nearby buildings
and structures and, where possible, shall be of wood, with use of
plastic and metal to be kept at a practical minimum; the facade treatment
shall not impair the historic or architectural value or worth of surrounding
property and thus lead to the degradation of property values; and
(8)
To ensure that consideration shall be given to the
historic, architectural and cultural value and significance of buildings
and structures within the district and their relationship to the surrounding
area as well as any other factors deemed pertinent for the benefit
of the Town of Woodstock.
C.
Nothing contained herein shall be deemed to prevent the ordinary and necessary maintenance and repair of any exterior architectural feature(s) of a structure within the Hamlet Preservation Overlay District which does not involve a significant change in design, material or outward appearance thereof. However, all such changes shall comply with the pertinent provision of this section and Article XII of this chapter.
The purpose of the Gateway Overlay District shall be as described in § 260-8D of this chapter. All development within the Gateway Overlay District shall be subject to the special use permit procedures provided by § 260-67 of this chapter. The boundaries of the Gateway Overlay District shall be as defined in § 260-67H of this chapter.
In order to preserve, protect and enhance the
existing character of the built environment in the Town of Woodstock
while discouraging both new construction and alterations that may
be architecturally incompatible (for example, of a "highway commercial"
or "franchise modern" architectural style), development within the
Town shall be subject to design review as follows. Before either a
building permit or certificate of occupancy or use may be issued for
the following types of development, the Zoning Enforcement Officer
shall refer the full application to the Commission for Civic Design
for its review and recommendation.
A.
For individual structures or districts included within
the New York State Register of Historic Places and/or the National
Register of Historic Places. Such review shall take into account the
Secretary of the Interior's Standards for Rehabilitation.
B.
For any individual structure included within the Town
of Woodstock Local Historic Structures Register. Such review shall
address issues regarding the preservation, protection and enhancement
of significant exterior architectural and site features.
The Town Board may, after Planning Board review,
public notice and hearing, approve the development of a parcel of
land for light industrial use and establish a Special Light Industrial
District for such development to be imposed on any R5, R3, or R1.5
District, subject to the following conditions:
B.
Individual uses and structures shall comply with the specific building location, height, and open space requirements for the appropriate Light Industrial District as specified in § 260-16 of this chapter, the Schedule of Area and Bulk Regulations.
D.
Area and bulk regulations for Light Industrial Districts
in existence prior to the adoption of this chapter.
E.
Minimum size for general or professional office uses
in Light Industrial Districts. The first or single office occupancy
on a light industrial parcel shall occupy a minimum of 2,000 square
feet. Each additional occupant on said parcel shall occupy a minimum
of 1,500 square feet.
F.
Performance standards for Light Industrial Districts. The general performance standards listed in § 260-29 of this chapter, as well as all standards listed below, shall apply to all Light Industrial Districts. Where any two standards are at variance, the stricter standard shall apply.
(1)
Smoke and particulate matter.
(a)
PARTICULATE MATTER
RINGELMANN CHART
SMOKE
SMOKE UNITS
Definitions. For the purposes of this subsection,
the following terms are defined as follows:
Material, including smoke, discharged into or suspended in
the atmosphere in finely divided form.
The Ringelmann Chart described in United States Bureau of
Mines Information Circular 6888 provides standards for estimating
the light-obscuring capacity, and thus the density, of smoke. Ringelmann
numbers are used for identifying the standardized elements of the
Ringelmann Chart.
Particulate matter resulting from the process of combustion.
Numbers obtained by multiplying the number used to identify
density on the Ringelmann Chart by time of emission in minutes of
smoke at that density.
(b)
Method of smoke measurement. For the purpose
of grading the density of emission of smoke, the Ringelmann Chart
shall be employed. For the purpose of determining smoke units, the
Ringelmann density reading shall be made at least once every minute
during the period of observation. Each reading (Ringelmann number)
shall be multiplied by the time in minutes for which it was observed
during the total period of observation. This total shall then be converted
into units per hour.
(c)
(d)
Method of measuring emission of particulate
matter from all sources.
[1]
Determination of the total net rate of emission
of particulate matter within the boundaries of any lot shall be made
as follows:
[a]
Determine maximum emission in pounds per hour
from each source of emission and divide this figure by acres of lot
area, obtaining the gross hourly rate of emission in pounds per acre.
[b]
Adding together individual gross rates of emission
shall give the total net rate of emission from all sources of emission
within the boundaries of the lot.
[2]
In addition, the Town Board, in its review of
the proposed Light Industrial District, may require any smoke emission
standards which are accepted by the New York State Department of Environmental
Conservation (DEC), the United States Environmental Protection Agency
(EPA), or other appropriate governmental agency, which standards are
of equal or greater restrictiveness with respect to the above list
of standards.
(2)
Odorous matter. No discernible odor shall be permitted
at the property line of the Light Industrial District from which the
odor is emitted.
(3)
Toxic or noxious matter. No land use or operation
shall be permitted which permits or causes the escape of any toxic
or noxious fumes, gases, or other matter outside the structure in
which the use is conducted.
(4)
Solid waste. Based on the solid waste study required
under the provisions of this section, the Town Board shall set appropriate
solid waste and recycling requirements. Facilities for the storage
of solid waste shall be so located and designed as to be screened
from the street and from any adjoining property and in such manner
as to discourage the breeding of rodents or insects.
(6)
Traffic. Based on the traffic study that may be required under Subsection G(1)(d) below, the Town Board may require appropriate traffic mitigation measures to be undertaken, such as requiring the applicant to provide traffic improvements as a condition for granting the Light Industrial District designation, or to reduce the size or density of the proposed Light Industrial District.
(7)
Access drive. No access drive for any Light Industrial
District shall be within 300 feet of any school, public library, theater,
church or other public gathering place, park, playground, or fire
station unless the development proposed for such district would not
generate in excess of 60 vehicle trips using such access during the
weekday p.m. peak hour, nor more than 250 average vehicle trips per
weekday, and further provided that the level of service (LOS) of such
access roadway would not be changed by such traffic generation. Anticipated
trip generation shall be determined by the use of the most recent
ITE Trip Generation Rates for the particular use proposed. In each
instance, the Town Board shall make a specific finding that the traffic
and trip generation from the particular use(s) proposed for the special
Light Industrial District under consideration will not have a significant
adverse impact upon traffic movement and safety.
(8)
Additional standards. The Town Board may establish
any additional standards appropriate to the Light Industrial District
or to the industry or industries that will be located there.
G.
Procedure.
(1)
Application for light industrial classification of
a site shall be filed by the owner or several owners jointly, or the
holder of a written option to purchase the site, with the Town Clerk
in writing in a form required by the Town Board and shall be accompanied
by a certified check for $1,500, to be applied toward the cost of
advertising public hearings on said application and toward any consulting
fees incurred by the Town Board and/or Planning Board with respect
to the application. The applicant shall also submit the following:
(a)
A plan of the entire proposed Light Industrial
District drawn to scale and accurately dimensioned, showing the location
of existing and proposed lots, buildings, internal roadways and structures,
parking and loading areas, access roads and streets, community facilities
and topography.
(b)
The use and height of each proposed building
or structure, the number of parking spaces in each parking area, and
the expected flow of traffic in and out of the area.
(c)
A comprehensive solid waste study and its impact
on the Town of Woodstock landfill and recycling program shall be undertaken.
The solid waste study shall identify the wastes to be created by the
proposed Light Industrial District and relate the wastes to Woodstock's
recycling and waste management programs.
(d)
The Town Board or the Planning Board may require
a traffic study to facilitate the mitigation of traffic impact on
the neighborhood from the proposed Light Industrial District.
(e)
Any additional data as may be requested by the
Town Board or Planning Board in order to determine the suitability
of the tract for the proposed development.
(2)
Each application for light industrial classification
shall be referred to the Planning Board. The Planning Board shall
report its recommendations prior to the public hearing. If the Board
shall not make its report within 45 days of receiving all additional
material requested by the Planning Board, the Town Board may act without
such report.
(3)
The Town Board, by resolution, shall fix the time
and place of the public hearing and cause notice to be given as follows:
(a)
By publishing a notice of the application and
the time and place of the public hearing in a newspaper of general
circulation in the Town of Woodstock, as designated by the Town Board,
not less than 10 days prior to the date of the public hearing.
(b)
By giving notice of hearing to any required
municipal, county, state, or federal agency in the manner prescribed
by law. Upon approval of the proposed Light Industrial District, the
new district established shall be excepted from the provisions and
controls of this chapter only to the extent specified in the approval.
Such new district shall become a part of the regulations established
herein, which shall be enforced in the same manner, and shall be similarly
subject to amendment as all other districts created herein. If construction
of the proposed Light Industrial District is not commenced within
12 months after approval by the Town Board, such approval shall be
deemed to be revoked and such area shall be subject to the requirements
of the prior district regulations.
A.
The growing of field or garden crops, vineyards, orchards
and nurseries shall be allowed in all districts; the keeping of livestock
on a lot of two acres or more and the keeping of fowl on a lot of
1 1/2 acres or more shall be permitted in all districts, provided
that:
(1)
Buildings or structures for such uses shall be located
not less than 50 feet from any side or rear lot line and shall additionally
conform to the front yard requirements for their principal structure.
(2)
The storage of manure or other dust- or odor-producing
substances shall be adequately screened from adjacent properties and
located not less than 100 feet from any lot line, stream or other
water body or well providing a source of potable water, nor within
200 feet of the nearest neighboring residential structure.
(3)
Where permitted, the aggregate number of adult horses,
cows, beef cattle, sheep, goats or other four-legged domestic-type
farm animals shall not exceed two per acre of land.
(4)
In addition to four-legged domestic-type farm animals,
where permitted, the aggregate number of fully grown chickens, ducks,
geese or other fowl or farm birds shall not exceed 12 per acre of
land.
(5)
All animals shall be adequately housed, fenced, not
permitted to leave the owner's property unattended, and otherwise
maintained in a sanitary and safe manner so as not to create a nuisance,
health or safety hazard to nearby property, property owners, or inhabitants
of the neighborhood, or the animals themselves.
B.
A roadside stand, as a seasonal home occupation, is
permitted in the R5, R3 and R1.5 and NC Districts, provided that:
(1)
Such stand shall not exceed 150 square feet in total
area;
(2)
Such stand is located a minimum of 25 feet from any
street line;
(3)
Such stand is used solely for display and sale of
agricultural products grown exclusively by the operator of the roadside
stand; and
(4)
Signage is limited to 12 square feet and is located
not less than five feet from any street line.
Any outdoor swimming pool, whirlpool or hot tub, as defined in § 260-123 of this chapter, shall be subject to the following requirements:
A.
The outdoor swimming pool, whirlpool or hot tub shall
be enclosed on all sides by a security fence not less than four feet
nor more than six feet in height or, in the case of whirlpool or hot
tub, a securely locked cover shall be provided.
B.
Such security fence, as may be applicable, shall be
provided with a locking gate to prevent accidental entry or unauthorized
use of the outdoor swimming pool, whirlpool or hot tub.
C.
All other requirements of the New York State Uniform
Fire Prevention and Building Code shall be complied with.
[Amended 7-3-2013 by L.L. No. 1-2013]
In any district, a home occupation, as defined in § 260-123 of this chapter, shall conform to the following use limitations:
A.
A home occupation shall only be conducted within a dwelling, which is a bona fide residence of the principal practitioner of the occupation, or in an accessory building thereto which is normally associated with the residential use. For purposes of this chapter, a home occupation occurring fully within the dwelling shall be considered a permitted Class A home occupation. A home occupation occurring in an accessory building shall be considered a permitted Class B home occupation, which shall require authorization by special use permit in accordance with § 260-63O of this chapter.
C.
The home occupation activity or activities, whether located within
a dwelling or in a customary accessory structure, shall occupy a maximum
of 25% of a structure's livable floor area, but in no case shall exceed
800 square feet.
D.
Except for articles produced on the premises, no stock-in-trade
shall be displayed or sold on the premises. Nothing in this section
shall prevent the establishment of a mail order business.
E.
No alteration to the exterior of the principal residential
building or customary accessory building used for the home occupation
activity shall be made which changes the character thereof as a residential
premises, except that a single sign not exceeding two square feet
in area shall be permitted. Any new construction undertaken to accommodate
the home occupation activity shall also be wholly consistent with
the character of a residential premises.
F.
No outdoor display of goods or outdoor storage of equipment or materials used in the home occupation shall be allowed, except as may be permitted for a Class B home occupation in accordance with the requirements of § 260-63O of this chapter.
G.
Not more than four persons, other than members of
the household occupying such dwelling, shall be employed on site in
the conduct of the home occupation, regardless of whether one or two
home occupations are being conducted on the premises. Additional persons
may be employed off site, provided that such employment does not require
visitation to the home occupation for business purposes.
H.
There shall be permitted no sharing, letting or subletting
of space for use by others in the conduct of their profession, trade,
service or business.
[Amended 7-3-2013 by L.L. No. 1-2013]
Not more than two vehicles in excess of 20 feet in length, nor
more than a total of two camping trailers or boats may be stored outdoors
on a lot in a residential district. All such outdoor storage shall
occur as inconspicuously as practicable on the lot and shall not occur
within the minimum required front yard. No commercial vehicle shall
be stored within 100 feet of an adjoining residential lot, nor shall
any trailer or boat be stored within 25 feet of an adjoining residential
lot, unless a dense natural screen is planted and maintained, or an
opaque fence, such as a stockade fence, is constructed and maintained,
in which case the minimum distances specified above may be reduced
to 50 feet and 15 feet, respectively.
Any enclosed or unenclosed use permitted by
this chapter, other than single- or two-family residential uses, may
be required by the Planning Board to be enclosed by a fence, screen
and/or landscaping sufficient to obscure objectionable aspects of
such use from view from adjoining properties and/or public rights-of-way.
A.
Any use which is not conducted within a completely
enclosed building, including but not limited to junkyards, storage
yards, and parking lots, and which use abuts, is adjacent to, or is
located within a residential district or fronts a public right-of-way
may be required by the Planning Board to be obscured from view from
such residential districts and public rights-of-way in an effective
manner.
B.
Adequate plans for the installation of required fences, screens and landscaping shall be reviewed by the Planning Board in accordance with the requirements of site plan review set forth in Article VII of this chapter.
C.
Any required fences, screens and landscaping installed
in accordance with this section shall be maintained in good order
to achieve the objectives stated herein.
The Planning Board is authorized simultaneously
with the approval of a plat or plats, pursuant to Article 16 of the
Town Law of the State of New York and the Land Subdivision Regulations
of the Town of Woodstock, as amended,[1] to modify applicable provisions of this chapter in order
to accommodate residential cluster developments. For reasons of drainage,
traffic safety, or protection of aquifers or waterways or to enhance
the protection of aesthetic, historic, rural and environmentally sensitive
lands the Planning Board may mandate clustering under the provisions
of this section. Application of this authority shall be subject to
the conditions set forth in § 278 of the Town Law and those
further requirements and limitations set forth below:
A.
The maximum number of dwelling units that may be permitted
and approved within a cluster development shall not exceed the number
of lots shown on an approvable preliminary plat for lot-by-lot development
of the site for single-family detached dwellings. Lots shown on the
preliminary plat shall be fully consistent with both the lot area
and bulk requirements of the zoning district in which the cluster
development is proposed and the requirements of the Town's Land Subdivision
Regulations for the provision of streets and other facilities. Platting
shall be restricted to those portions of the site which are considered
by the Planning Board to be suitable for residential building development,
based on an analysis of the site's topographic, geologic and hydrological
characteristics.
B.
Central water supply and/or common sewage disposal
facilities may be required by the Planning Board and, if so, shall
be provided in accordance with the requirements of the Town of Woodstock
and the Ulster County Health Department.
C.
While either attached or detached dwelling units shall
be permissible within cluster development, no individual structure
shall contain more than four attached dwelling units in the R8, R5
or R3 District nor more than six attached dwelling units in the R1.5
or Hamlet Residential (HR) District.
D.
The minimum number of residential dwelling units that
may be considered as a cluster development shall generally be six
dwelling units, except that in the R5 and R8 Districts four dwelling
units may be considered a sufficient number to constitute a cluster
development. The minimum land area to which the cluster provision
may be applied within the districts stated shall be as follows:
E.
Common driveway access shall be provided to the extent
considered practicable by the Planning Board.
F.
Common open space totaling not less than 50% of the
total cluster development site shall be provided in perpetuity for
the use and beneficial enjoyment of all residents within the cluster
development.
G.
A homeowners' association, deeded conservation easement,
condominium association, or similar mechanism for the long-term ownership
and maintenance of common open space shall be provided, subject to
the approval of the Planning Board during the subdivision review process.
Similar provision shall be made for the long-term ownership and maintenance
of roadways, drainageways, utilities and other improvements within
the cluster development.
H.
For each cluster development, the minimum front, rear and side yards required by § 260-16 of this chapter, the Schedule of Area and Bulk Regulations, for the zoning district in which the cluster development is proposed shall be doubled, that is, increased by 100%, to establish the minimum front, rear and side yards. This doubling of the yards shall apply only to those yards which border on the outside boundary of the parcel in which cluster development is proposed.
No person shall undertake to construct any new
building or structure intended for human occupancy within the Town
of Woodstock without first meeting the requirements for a system,
or facilities, for the disposal of sewage or domestic or trade wastes
in accordance with the applicable regulations of the Town of Woodstock,
the Ulster County Health Department, and the New York State Department
of Environmental Conservation (DEC). All such systems or facilities
shall additionally be approved by the Zoning Enforcement Officer prior
to their installation or construction.
To the extent practicable, and in accordance
with Chapter 742 of the Laws of 1979,[1] the accommodation of solar energy systems and equipment,
and the protection of access to sunlight for such equipment, shall
be encouraged in the application of the various review and approval
provisions of this chapter.
[1]
Editor's Note: See Energy Law § 3–101
et seq.
No dump, landfill, septage disposal site, or
other disposal area shall be permitted within the Town of Woodstock,
except where owned or leased and operated by the Town of Woodstock,
whether such operation is through the Town's own forces or on a contract
basis.
No person or persons shall conduct a yard sale,
attic sale, barn sale, garage sale, tag sale, or similar event on
a residential premises, regardless of how the event is described,
except in accordance with the provisions of this chapter. Such event
shall occur not more than four times per calendar year on any residential
premises and shall not exceed three consecutive calendar days per
occurrence. All such events shall be restricted to the hours of 8:00
a.m. to 8:00 p.m. Any sign associated with the event shall be installed
not more than 48 hours prior to the start of the event and shall be
removed within 12 hours of its close.
A.
Antennas mounted at grade level, including dish receiving
antennas for residential use, shall be classified as accessory structures
and shall be limited to a maximum height of 65 feet.
Mobile homes shall be permitted in the R5, R3,
and R1.5 Districts on individual lots, under the following conditions:
A.
It shall be unlawful to park, place, maintain or permit
more than one mobile home on any lot.
B.
Mobile homes shall be mounted on a permanent foundation
or concrete pier, which shall be skirted so as to conceal on all sides
the area between the undercarriage and the ground. Wheels and axles
shall be removed.
(1)
Where mobile homes are provided with installation
instructions, footings, piers or supports shall be sized and located
to support the loads specified in the manufacturer's installation
instructions.
(2)
Where mobile homes are not provided with installation
instructions, the support system shall be designed by a licensed professional
engineer or architect and constructed accordingly, or supports shall
be placed in accordance with the requirements set forth by the Zoning
Enforcement Officer, and in accordance with the New York State Uniform
Fire Prevention and Building Code.
(3)
A mobile home placed on a permanent foundation shall
be affixed with sill plates and bolts into the trailer frame according
to the standards for affixing a dwelling unit to a foundation specified
in the New York State Uniform Fire Prevention and Building Code.
(4)
If a mobile home is to be placed on a concrete slab
or pier, the mobile home must be secured by means of cables run over
the frame and attached on both sides to steel cable hooks buried in
the concrete slab.
C.
Mobile homes shall have been constructed in accordance
with regulations set forth in the Code of Federal Regulations (CFR),
Title 24, Housing and Urban Development, Chapter XX, Office of Assistant
Secretary for Housing, Federal Housing Commissioner, Department of
Housing and Urban Development, Part 3280, Manufactured Mobile Home
Construction and Safety Standards.
Displays of merchandise, exhibits and/or similar
advertising devices which are located between the face of a building
or structure and the curb or edge of a public driveway or thoroughfare
are not allowed.
String, rope or similar low-voltage lighting
shall be restricted as follows:
A.
String, rope or similar low-voltage lighting shall
be prohibited on exterior surfaces and, where externally visible,
from all commercial uses, with the exception of commercial uses in
the Hamlet Commercial (HC) and Neighborhood Commercial (NC) Districts.
B.
In the Hamlet Commercial (HC) and Neighborhood Commercial (NC) Districts, no string, rope or similar low-voltage lighting fixtures, except seasonal and other temporary lighting, shall be erected or maintained unless a permit is issued prior to installation in accordance with § 260-31G of this chapter.
C.
String, rope or similar low-voltage lighting manufactured
for seasonal temporary use, or UL listed for installations not to
exceed 90 days, shall be prohibited for permanent year-round use.
D.
String, rope or similar low-voltage fixtures shall
be installed in accordance with the National Electric Code and shall
be UL listed for the intended purpose.
E.
String, rope or similar low-voltage lighting meant
for year-round use must be single-colored mini lights emitting a constant
intensity not to exceed 24 volts per bulb. These restrictions shall
not apply to temporary Christmas, carnival or other temporary seasonal
lighting.
F.
String, rope or similar low-voltage lighting shall
not be placed on roofs or on exterior surfaces of buildings where
there is no physical barrier, such as bollards or sidewalks, between
the building and vehicular traffic.
An artist studio, as defined in § 260-123 of this chapter, shall conform to the following use limitations:
A.
The originators of works produced at the studio may
offer these works for sale on site but may, in no case, exhibit or
sell works produced by other artists and/or artisans.
B.
In the R8, R5, R3, R1.5 and HR Districts, studio space,
whether located within a dwelling or in an accessory structure, shall
be restricted to not more than 1,000 square feet of floor area. Additionally,
the number of artists and/or artisans working in any one studio in
the above-mentioned districts shall be limited to not more than five
persons.
C.
An artist studio may contain bathroom facilities and
running water and must meet all requirements related to the provision
of potable water supply and sewage disposal facilities.
[Amended 5-21-2019 by L.L. No. 1-2019
Bed-and-breakfast establishments, STR establishments, bed-and-breakfast homes, STR homes, and STR non-owner-occupied establishments, as defined in § 260-123 of this chapter, require property owner application for an annual operating permit from the Building Department, including any related permitting/inspection fees, submittals and compliance with the following:
A.
Application process and required submittals:
(1)
Provide a completed annual permit application.
(2)
Provide a safety/egress plan, to be posted in the rental unit in
a visible location and on the back of each bedroom door.
(3)
A parking layout plan identifying where parking is to be located, as required in accordance with standards set forth in § 260-30 of this chapter, is to be submitted.
(4)
Provide garbage-removal plan (garbage receptacles will not be left
out for more than 24 hours).
(5)
For non-owner-occupied STRs, the name and contact information of
the designated host shall be provided to the Building Department and
shall be posted in the STR. Both the property owner and the host will
be responsible for addressing renter issues and compliance with STR
requirements within 24 hours. When host contact information changes,
the Building Department will be notified and STR-posted renter notices
shall be revised accordingly.
(6)
Occupancy shall be limited to two guests per bedroom, and total maximum
house occupancy shall be posted in the STR. Children 12 years old
and under are not counted as guests.
B.
STRs must register with Ulster County (per Ulster County Local Law
No. 5 of 1991), and a copy of said registration is to accompany STR
applications to the Town of Woodstock Building Department. Property
owners in Woodstock that are listed on an Ulster County-maintained
list of homes used for STRs shall receive notification by the Town
of the Woodstock STR law, including that law's registration and
operational requirements.
C.
STRs must pass a yearly fire/safety inspection, and the report of
said inspection is to be attached to STR annual renewal permit applications.
All STR units must comply with New York State Building Code requirements.
D.
Non-owner-occupied STRs may be rented out a maximum of 180 days per
calendar year with no more than 26 weekends or parts of weekends included
in that total. Weekends include any time between Friday evening and
Monday morning.
E.
Only the property owner is permitted to register an STR. An individual
property owner can register or have an interest in one non-owner-occupied
STR unit. Registration by a corporation whose owners have an interest
in more than one STR is prohibited in residential districts. Registrations
are transferable with a new application. Transfer must be applied
for within 30 days of sale.
F.
The Town Board will set caps on the number of both owner-occupied
STRs and non-owner-occupied STRs permitted within the Town and the
fee schedule on an annual basis.
G.
The host will provide guests with copies of local laws, especially
the noise, fire, safety ordinances and requirements. The host will
also provide emergency contact information as well as the address
of the property and will ensure the property address is clearly identifiable
from the street. The host will provide guests with a property map
that shows the property boundaries.
H.
Approved STRs will be assigned a registration number that must be
included in all rental listings, both in print and online and posted
within the STR. On-site advertising is prohibited.
I.
Failure to comply with these standards will result in denial of STR
applications.
J.
Three or more violations of local laws may lead to revocation of
an approved STR operation permit.
A.
For existing lots which were not approved by the Woodstock
Planning Board, or for lots approved by the Planning Board on which
substantial improvements, such as the construction of a structure
requiring a building permit or the installation of a driveway and
septic system, have not been undertaken within 60 months of Planning
Board approval, the following standards shall be met in the construction
of driveways:
(1)
Curb cut approval shall be obtained from the Town
of Woodstock Highway Department and, where appropriate, the County
of Ulster Department of Highways and Bridges or the New York State
Department of Transportation (DOT).
(2)
Minimum sight distance.
(a)
On private and Town roads, the following AASHTO
standards for minimum sight distances from the center of the driveway
in each direction shall be met:
(b)
If AASHTO standards cannot be met, then there
shall be a minimum clearance of not less than 150 feet of sight distance
from the center of the driveway in each direction.
(3)
There shall be a minimum of one-percent negative grade
from the edge of pavement into the first 10 feet of driveway unless
modified by the applicable county or state agency.
(4)
The average grade on the driveway shall be maintained
at 10% or lower, with the exception that there shall be allowed, on
a driveway serving a single- or two-family dwelling, a maximum grade
of 14% for not more than 500 linear feet. The driveway grades shall
not exceed 12.5% for the first 50 feet from the edge of the street
pavement.
(5)
The minimum radius on turns shall be 50 feet.
(6)
All required drainage shall be included with the building
permit application on the plot plan, as submitted, and subject to
approval of the Town of Woodstock Zoning Enforcement Officer and the
Town of Woodstock Superintendent of Highways unless modified by the
applicable county or state agency.
(7)
If the driveway is 1,200 feet or longer, there shall
be vehicle turnouts of 12 feet by 30 feet provided at eight-hundred-foot
intervals or as site conditions may allow. On grades of 12% to 14%,
turnouts may be required at more frequent intervals.
(8)
Driveways shall consist of gravel, crushed stone,
brick, asphalt, concrete or other acceptable stabilized ground surface.
(9)
The driveway's angle with the street shall be as close
to 90° as possible, but in no case shall a driveway's angle with
the street be less than 60° unless modified by the applicable
county or state agency.
(10)
Driveways shall be 12 feet wide and have a depth of
up to 12 inches of shale or run-of-bank gravel, as to be determined
by the Town of Woodstock Zoning Enforcement Officer. On top of the
12 inches there shall be a coat of 400 fines, or the equivalent, three
inches to four inches deep.
(11)
Where permitted by county and state requirements,
any waiver from these standards shall be at the discretion of the
Town of Woodstock Building and Highway Departments.
A.
Land disturbance activities on slopes 1:2 (50%) or
greater shall be prohibited.
B.
Land disturbance activities on slopes 1:3 (33%) or
greater with building site development soil limitations defined as
"severe" or soils having "slow" or "very slow" infiltration rates/high
runoff potential as defined and determined by the Soil Survey of Ulster
County, United States Department of Agriculture Soil Conservation
Service, in its most recent publication, shall be prohibited.
C.
(1)
Land disturbance activities on lots less than 50 acres in size, provided that it can be shown there is no reasonable alternative to land disturbance activities that would violate Subsections A and B. Development on said lots shall in no way create a nuisance for contiguous parcels, shall be sited on portions of the lot with the least gradient, and shall require the preparation of an erosion and sediment control plan.
(3)
Emergency activities and measures necessary to protect human life and preserve property or as provided in § 260-99G of this chapter.
(5)
Regulated activities on lands which are open to the
public for a park, nature preserve or wildlife refuge, or for recreation
or tourism.
(6)
Routine maintenance and repair, and/or expansion by
up to 25% of the original size, of any existing structure, accessory
structure or site improvement, such as roads and drainage facilities,
located on steep or very steep slopes.
(7)
Landscaping not involving clearing or regrading.
[Amended 11-18-2008 by L.L. No. 2-2008; 7-3-2013 by L.L. No.
1-2013]
An accessory apartment may be created within a single-family
dwelling under the following conditions:
A.
The single-family dwelling of which the accessory apartment is to be a part shall be on a single lot with setbacks of not less than the minimum specified in § 260-16, the Schedule of Area and Bulk Regulations,[1] of this chapter, except in the Hamlet Commercial (HC),
Hamlet Residential (HR) and R1.5 Districts, where a preexisting, noncomplying
building may be modified to hold an accessory apartment.
[1]
Editor's Note: The Schedule of Area and Bulk Regulations is
included as an attachment to this chapter.
B.
Establishment of an accessory apartment, as described herein and as defined in § 260-123 of this chapter, shall be limited to one accessory apartment of whatsoever type per lot.
C.
The floor area of the proposed accessory apartment shall be a minimum
of 250 square feet for a studio apartment, 320 square feet for a one-bedroom
apartment, and a maximum of 800 square feet for any accessory apartment.
There shall be not more than a 10% increase in the gross floor area
of each floor of the existing structure to accommodate an accessory
apartment.
D.
The accessory apartment shall be subordinate to the
principal residence and shall contain not more than 40% or 250 square
feet, whichever is greater, of the total habitable space of the existing
structure prior to the establishment of such accessory apartment.
"Habitable space" shall be that as defined in Chapter 2, Section R202
of the New York State Residential Code or its successor.
E.
The accessory apartment shall be self-contained, with
separate cooking, sleeping and sanitary facilities for use by the
occupant(s).
F.
The architectural treatment of the structure shall
be such as to maintain the character of the single-family dwelling
unit. Only one main entrance shall be permitted on the front of the
building and all other entrances shall be at the side or in the rear,
except that, for a corner lot, there may be a single main entrance
on that side of the building which has been established as the front,
and all other entrances are to be at the rear of the building, if
possible.
G.
Parking required for an accessory apartment/principal
residence shall be a minimum of 1 1/2 spaces per dwelling unit
on site and shall be designed and located to be convenient without
encroaching on any required yard/setback area.
H.
An operating permit shall be obtained from the Zoning
Enforcement Officer. Where it is proposed to use an existing dwelling
to accommodate an accessory apartment, an operating permit shall not
be issued without a prior written determination by the Zoning Enforcement
Officer that the existing structure is sound.
I.
A certificate of approval shall be obtained from the
Ulster County Health Department and/or the Town of Woodstock, as may
be applicable, for on-site sanitary and/or water supply systems when
the creation of the accessory apartment increases the number of bedrooms.
J.
One of the two apartments shall be owner-occupied
(for these purposes only, the definition of "owner" shall include
immediate family members) and the application shall indicate in which
apartment the owner will reside.
K.
Inspection and owner occupancy.
(1)
The Zoning Enforcement Officer may inspect the dwelling
unit that is not owner-occupied annually to ensure that it has been
maintained in habitable condition and that there are no violations
of this chapter or any other applicable rules and regulations related
to one- and two-family dwellings.
(2)
At the time of the inspection of the dwelling unit
by the Zoning Enforcement Officer, he or she shall also verify that
the septic system/drain field has no existing failure unless the dwelling
is connected to the Woodstock Hamlet Wastewater Treatment System.
If the dwelling is connected to a Town-constructed on-site system,
the inspection and verification shall be the responsibility of the
Water/Sewer Superintendent.
(3)
The owner shall submit an affidavit to the Building
Department stating that he or she still dwells and intends to continue
to dwell in one of the units.
L.
The owner shall be required to file an affidavit with
the Town of Woodstock and the Zoning Enforcement Officer stating that
the property shall be maintained as required by this section of this
chapter and as required by the State Residential Code, or the operating
permit may be revoked.[2]
An accessory apartment may be created within
a detached accessory structure under the following conditions:
A.
The accessory structure must be on a lot which contains
an existing single-family dwelling.
B.
Creation of a new detached accessory structure to accommodate an accessory apartment is limited to lots which comply with all the applicable area and bulk regulations of § 260-16 of this chapter.
C.
Conversion of an existing noncomplying accessory structure
to accommodate an accessory apartment shall be permitted, provided
that such noncomplying accessory structure was constructed prior to
May 19, 1989.
D.
Conversion of an existing structure or creation of a new detached structure to accommodate an accessory apartment as defined herein and in § 260-123 of this chapter is limited to one accessory apartment of whatsoever type per lot.
E.
The floor area of the proposed accessory apartment
shall be a minimum of 250 square feet for a studio apartment, 320
square feet for a one-bedroom apartment, and a maximum of 800 square
feet for any apartment. There shall be not more than a ten-percent
increase in the gross floor area of each floor of the existing structure
to accommodate an accessory apartment.
F.
The accessory apartment shall be subordinate to the
principal residence and shall contain not greater than 35% of the
total habitable space of the principal residence prior to the establishment
of such accessory apartment. "Habitable space" shall be that as defined
in Chapter 2, Section R202 of the New York Residential Code or its
successor.[1]
G.
The accessory apartment shall be self-contained, with
separate cooking, sleeping and sanitary facilities for use by the
occupant(s).
H.
The architectural treatment of the structure shall
be complementary to the character of the primary family dwelling unit
and, in instances where the detached structure in which the accessory
apartment is to be constructed is a barn or an agricultural building,
the design characteristics and outer appearance of said barn or building
shall be maintained.
I.
If the structure in which an accessory apartment is
to be constructed does not have the required front yard setback, then
the entrance shall be to the side or the rear.
J.
Parking required for an accessory apartment/principal
residence shall be a minimum of 1 1/2 spaces per dwelling unit
on site and shall be designed and located to be convenient without
encroaching on any required yard/setback area.
K.
An operating permit shall be obtained from the Zoning
Enforcement Officer. Where it is proposed to use an existing accessory
structure to accommodate an accessory apartment, an operating permit
shall not be issued without a prior written determination by the Zoning
Enforcement Officer that the existing structure is sound.
L.
A certificate of approval shall be obtained from the
Ulster County Health Department and/or the Town of Woodstock, as may
be applicable, for any required on-site sanitary or water supply system,
including, as may be applicable, a determination that the existing
on-site water supply and sewage disposal facilities are sufficient
to accommodate the additional demands of the accessory apartment on
any premises where such accessory apartment is proposed.
M.
One of the two apartments shall be owner-occupied
(for these purposes only, the definition of "owner" shall include
immediate family members) and the application shall indicate in which
apartment the owner will reside.
N.
Inspection and owner occupancy.
(1)
The Zoning Enforcement Officer may inspect the dwelling
unit that is not owner-occupied annually to ensure that it has been
maintained in habitable condition and that there are no violations
of this chapter or any other applicable rules and regulations related
to one- and two-family dwellings.
(2)
At the time of the inspection of the dwelling unit
by the Zoning Enforcement Officer, he or she shall also verify that
the septic system/drain field has no existing failure unless the dwelling
is connected to the Woodstock Hamlet Wastewater Treatment System.
If the dwelling is connected to a Town-constructed on-site system,
the inspection and verification shall be the responsibility of the
Water/Sewer Superintendent.
(3)
The owner shall submit an affidavit to the Building
Department stating that he or she still dwells and intends to continue
to dwell in one of the units.
(4)
If a permit has been granted under this section containing
an expiration date, that expiration date shall be null and void.
O.
The owner shall be required to file an affidavit with
the Town of Woodstock and the Zoning Enforcement Officer stating that
the property shall be maintained as required by this section of this
chapter and as required by the New York Residential Code, or the operating
permit may be revoked.[2]
