A.
Customary home occupations are deemed to be accessory
uses to a single-family detached dwelling subject to the requirements
contained herein. A home occupation shall not require full site development
plan submission. However, an applicant shall be required to submit
a lot survey indicating the location of the home and the area of the
home to be used for purposes of the home occupation. A home occupation
shall require a permit from the Building Inspector or special use
permit approval from the Planning Board.
B.
The Building Inspector may issue a permit for operation
of a home occupation without Planning Board review and approval, provided
the applicant may demonstrate the following:
(1)
The minimum lot size shall be 1/2 acre.
(2)
Such occupation is incidental to the residential use
of the premises and is carried on in the principal building and solely
by the owner-occupant.
(3)
Such occupation is carried on in an area not exceeding
25% of the gross floor area of the principal building.
(4)
At no time shall any premises be used in such a manner
to cause the emanation therefrom of offensive or noxious odors, vapors,
fumes, glare, dust, smoke, gas, vibration, noise or radiation or be
used in such a manner as to cause injury, annoyance or disturbance
to any of the surrounding properties and to their owners and occupants.
(5)
The existing capacity of the residence's water supply
and sewage disposal systems to handle any additional demand generated
by the home occupation shall be determined to be adequate for the
particular use.
(6)
A studio where dancing or music instruction is offered
is permitted, provided only one pupil at any one time is instructed.
Concerts or recitals are prohibited.
(7)
Equipment capable of causing interference with radio
or television reception in the neighborhood shall be prohibited unless
also equipped with means to prevent such interference.
(8)
There shall be no home deliveries of materials or
supplies associated with the home occupation.
(9)
There shall be no outdoor storage of materials, supplies,
or equipment associated with the home occupation.
C.
The Building Inspector, upon a determination that the home occupation shall exceed any of the thresholds contained in § 199-15B above, shall deny an application for a home occupation, and the applicant shall be required to obtain a special use permit from the Planning Board. The following standards shall apply:
(1)
The minimum lot size shall be 1/2 acre.
(2)
Such occupation is incidental to the residential use
of the premises and is carried on in the principal building by a resident
therein with not more than two nonresident assistants.
(3)
Such occupation is carried on in an area not exceeding
25% of the gross floor area of the principal building.
(4)
At no time shall any premises be used in such a manner
to cause the emanation therefrom of offensive or noxious odors, vapors,
fumes, glare, dust, smoke, gas, vibration, noise or radiation or be
used in such a manner as to cause injury, annoyance or disturbance
to any of the surrounding properties and to their owners and occupants.
(5)
The capacity of the residence's water supply and sewage
disposal systems to handle any additional demand generated by the
home occupation shall be determined to be adequate for the particular
use.
(6)
A studio where dancing or music instruction is offered
is permitted, provided only up to a maximum of four pupils at any
one time are instructed. Concerts or recitals are prohibited.
(7)
Equipment capable of causing interference with radio
or television reception in the neighborhood shall be prohibited unless
also equipped with means to prevent such interference.
(8)
The Planning Board may restrict the number of deliveries
of materials or supplies associated with the home occupation.
(9)
There shall be no outdoor storage of materials, supplies,
or equipment associated with the home occupation.
(10)
The Planning Board may approve the operation
of a home occupation subject to any condition it deems necessary to
ensure that the use does not diminish or impact the peace, security
and the overall residential quality of the neighborhood.
A.
Commercial vehicles. This section shall not apply
to farm equipment or vehicles operated in conjunction with agricultural
operations nor to vehicles intended for the transport of livestock
or poultry associated with agricultural operations. The on-site parking
of commercial vehicles shall be permitted only as an accessory use
to a single-family detached structure, subject to the following:
(1)
One commercial vehicle not exceeding 25 feet in length
may be parked on a residential lot. The minimum lot size shall be
one acre. No commercial vehicle shall be stored within the front yard
of the lot, nor shall any vehicle be parked within 25 feet of any
lot line or within a required yard, whichever is greater.
(2)
One commercial vehicle not exceeding 25 feet in length
may be parked within a private garage on a residential lot. The minimum
lot size shall be 1/2 acre.
(3)
The commercial vehicle shall be registered to the
owner who shall be the occupant of the dwelling.
(4)
The on-site parking of more than two commercial vehicles
shall constitute a contractor yard and shall not be allowed except
as otherwise may be permitted in this chapter.
(5)
Heavy construction equipment, i.e., bulldozers, loaders,
cranes, etc., shall not be parked or stored on any residential lot,
except as part of any construction occurring on site. The storage
of heavy construction equipment shall be deemed a contractor yard
and shall not be allowed except as otherwise permitted in this chapter.
(6)
Tractor trailers, garbage trucks, dump trucks and
similar vehicles shall not be parked or stored on any residential
lot within the Town of Mamakating.
B.
Storage of recreational vehicles. The on-site parking
of recreational vehicles shall be permitted only as an accessory use
to a single-family detached structure. The outdoor storage of one
recreation vehicle or boat is permitted for every 20,000 square feet
of lot area, provided that such trailer or boat is unoccupied and
not stored within any required yard.
A.
Purpose. The Town of Mamakating is a rural community
with existing areas of agricultural operations. In addition, the availability
of large tracts of vacant land makes the Town attractive for secondary,
vacation and large lot homes. The attractiveness of the community
and its rural character have resulted in an increase in the number
of residents who desire to maintain horses on their residential lots,
as well residents who desire to breed and raise domestic and/or exotic
animals as a hobby or as a small business. The Town has determined
that the raising and breeding of livestock is an acceptable use in
the town, provided these activities are appropriately regulated to
control the density of animals for purposes of protecting adjoining
residents as well as the animals themselves. Therefore, the following
density provisions shall apply to the raising of all livestock or
poultry, as defined in this chapter. Any person raising and breeding
livestock meeting the requirements of this section shall be considered
a conforming use. Any person raising and breeding livestock in a manner
not in conformity with these regulations shall require a special use
permit from the Planning Board. The applicant shall demonstrate the
following:
(1)
That the proposed animal density will not have a detrimental
effect on the residence or adjoining neighborhood by creating deleterious
odors, noise, or other health nuisances.
(2)
That the proposed animal density will not result in
any injury or harm to the animals themselves.
(3)
That the animals are properly housed and contained
on site.
B.
Uses that fall under the definition of "agricultural
operations" shall not be subject to the requirements of this section.
C.
The animal density shall not exceed 1,000 pounds of
livestock based on mature weight per each two acres of open land (pasture
or cropland) which may be located on an individual lot or a combination
of contiguous lots. For purposes of this chapter, mature weight shall
be deemed to be equivalent to the following:
|
Animal
|
Mature Weight
(pounds)
| |
|
Dairy cattle
|
1,200
| |
|
Beef cattle
|
1,000
| |
|
Horses
|
1,200
| |
|
Sheep
|
100
| |
|
Swine, sow
|
300
| |
|
Swine, boar
|
400
| |
|
Goats
|
100
| |
|
Llamas
|
400
| |
|
Ostrich
|
350
| |
|
Emu
|
100
| |
|
Rhea
|
75
|
D.
The following shall also apply:
(1)
Except as an agricultural operation, the raising and
breeding of rabbits shall be limited to one per 0.2 acre. The raising
of more than 10 rabbits shall constitute a hobby farm.
(2)
The raising of poultry shall be limited to one fowl per each 0.2 acre. The raising of more than 20 fowl shall require a special use permit in accordance with the provisions for poultry farms contained in Article V of this chapter.
(3)
One horse may be raised and/or boarded on any lot
with a minimum two acres without constituting a hobby farm. A stable
and/or enclosures housing the horse shall be set back 25 feet from
any lot line.
E.
The minimum lot size for a hobby farm shall be two
acres.
F.
Any structures appurtenant to a hobby farm that house
animals shall be located a minimum distance of 50 feet from any property
line. Where a lot used for the breeding or raising of livestock or
poultry adjoins a lot in residential use, livestock shall be housed
or fenced to control animals from wandering onto the adjoining lot.
G.
Dude ranches and the stabling of horses shall be subject
to these density provisions.
A.
Intent. A planned resort community (PRC) is a mixed-use
development planned as a single unit permitted by right in the Planned
Resort Office (PRO) Zoning District. The PRC is intended to provide
economic development within the community by creating a tourist destination
on a large tract of land, compatible with the natural surroundings
of the development's environs. These PRC regulations allow a range
of residential, nonresidential, recreational and open space uses in
accordance with performance criteria. A PRC is to be designed and
organized so as to permit the site to function without necessarily
requiring the supportive services of adjacent neighborhoods. This
section encourages creativity and innovations in resort design and
the protection of ecologically sensitive land.
B.
Objectives. In order to carry out the intent of this
section, a planned resort community shall achieve the following objectives.
It shall:
(1)
Promote economic development and encourage planned
resort development in a manner that protects the rural character of
the Town of Mamakating.
(2)
(3)
Provide accessory facilities normally associated with
resort-related uses and as outlined in the accompanying PRC Use Table
within the site where appropriate, subject to these regulations and
this chapter.
(4)
Protect and enhance the economic vitality of the Village
of Wurtsboro, the Village of Bloomingburg, and the hamlets in the
Town of Mamakating by ensuring that the proposed uses in the planned
resort community are compatible with, and not necessarily in direct
competition with, the uses permitted in the villages and hamlets.
(5)
To the maximum extent practicable, preserve water
bodies, wetlands, steep slopes, hilltops, ridgelines, major stands
of trees, outstanding natural topography, significant geological features,
and other areas of scenic and ecological value.
(6)
Prevent soil erosion and minimize flood hazards.
(7)
Permit the innovative and staged development of land
which allows for an orderly transition of land from vacant to occupied
use.
(8)
Allow the development of an appropriate mix of uses
in a manner that protects the town's fiscal base at all stages of
the PRC's buildout.
C.
Approvals required. Whenever any planned resort community
is proposed, and before any permits for the use of land or erection
of a building or structure in such development shall be granted, the
developer or his authorized agent shall apply for and obtain site
plan approval from the Town Planning Board.
D.
Uses allowed in a PRC. All uses listed in Schedule
II are permitted uses within a PRC.
E.
General design standards for planned resort community.
The PRC shall meet the following general design standards:
(1)
Location of planned resort community within the PRO
District. A PRC is allowed in the PRO District subject to the bulk
requirements for the individual uses as set forth in Schedule II.
(2)
Minimum area. The minimum area necessary to qualify for a PRC shall be 400 contiguous acres of land. For purposes of these provisions, property in the same ownership but separated only by a road or utility easement shall be deemed to be contiguous; however, property separated by other lands not in the same ownership shall be deemed to be noncontiguous. As a result of the large minimum lot requirement for a PRC, and the special requirements contained herein, § 199-35, Environmental constraints, of this chapter shall not apply.
(3)
Maximum density.
[Amended 7-21-2015 by L.L. No. 2-2015]
(a)
Year-round occupancy: dwelling units. The maximum density for a PRC shall be no greater than the maximum density permitted for single-family detached dwellings in the PRO District. The PRC is a use primarily intended to accommodate nonresidential resort-type facilities that promote economic development. To meet this objective, no more than 35% of the net acreage after deduction of environmental constraints pursuant to § 199-35 shall be used to calculate the residential density for dwelling units suited for year-round occupancy. The applicant shall first calculate the total number of year-round dwelling units. The remaining acreage may be used to calculate the maximum number of guest units for the PRC. The Planning Board may further restrict the year-round occupancy density to ensure that all year-round occupancy dwelling units that are to be served jointly with the resort by private water or private wastewater treatment systems have adequate lot area to allow for lawful and fully compliant installation of individual well and septic systems, including consideration of soils, slopes, all applicable standards, and the requirements of construction and access.
(b)
Transient occupancy: guest units. After the net acreage used to calculate year-round occupancy dwelling units is subtracted from the net acreage of the PRC parcel, the maximum number of guest units shall be established from the net acreage of the PRC parcel after deduction of environmental constraints pursuant to § 199-35, and using the following sliding scale:
|
Guest Unit Density
| ||
|---|---|---|
|
First 1 to 300 acres
|
5 guest units/acre
| |
|
Each acre over first 300 acres
|
6 guest units/acre
| |
(c)
A guest unit is a lodging unit, motel unit, condo-hotel unit,
bungalow unit, villa unit or similar tourist accommodation unit designed
and maintained for transient occupancy only. The Planning Board shall
have the authority to impose conditions to ensure that guest units
maintain their transient nature, including conditions on the design
of the guest units, e.g., limitations on use of kitchens and kitchenettes,
washers and dryers, limitations on the duration of visitor stays,
maintenance of visitor guest books, the filing of covenants and restrictions,
and similar conditions.
(4)
Maximum development coverage. Maximum development
coverage shall not exceed 25% of the entire site.
(5)
Ownership. The tract of land proposed for a PRC development
may have one or more owners, and every application shall require the
written consent of all individuals, firms, associations, syndicates,
partnerships, or corporations with proprietary interest in the affected
land, authorizing the applicant to act on behalf of the owner or owners
in connection with all matters pertaining to the PRC application.
In the case of multiple ownership, a plan once approved shall be binding
on all owners, their successors and assigns.
(6)
Utilities. A planned resort community shall be served by central
water and central wastewater treatment systems. Central water systems
shall be constructed in accordance with standards and specifications
as required by the New York State Department of Health and other applicable
agencies, and central wastewater treatment systems shall be constructed
in accordance with standards and specifications as required by the
New York State Department of Environmental Conservation and other
applicable agencies or standards and specifications promulgated by
the Town of Mamakating. In developing utilities to service the proposed
PRC, the applicant shall consider the infrastructure needs of adjoining
neighborhoods and shall explore methods to develop a Town-endorsed
system that accommodates the needs of adjoining neighborhoods. The
applicant shall comply with the Town of Mamakating procedures and
standards for establishment or extension of a Town water and/or wastewater
treatment district should the proposed project require establishment
or extension of a Town district. Gray water systems and water-saving
devices shall be used to the maximum extent to limit water consumption.
In the event that a Town-endorsed water and Town-endorsed sewer system
are not provided, year-round occupancy units that will or may be owned
separately from the ownership of the overall resort must be located
on individual separate lots of adequate lot size and arrangement to
accommodate the lawful and fully compliant installation of individual
well and septic systems in the event that operation of any shared
private utilities of the resort cease to properly operate. The sizing
and arrangement of such individual lots shall consider soils, slopes,
all applicable standards, and the requirements of construction and
access.
[Amended 7-21-2015 by L.L. No. 2-2015]
F.
Specific design standards. Unless otherwise waived
by the Town Planning Board, the application shall demonstrate compliance
with the following design standards:
(1)
Residential uses. A variety of residential dwelling
types are permitted by right within a PRC. These include, but are
not limited to, single-family detached and attached dwellings and
multiple residences.
(2)
Lodging facilities, hotels and motels. All lodging facilities, hotels and motels within a PRC shall meet the design standards contained in § 199-26T(3) through (7). Said facilities shall be designed and operated for transient occupancy only.
(3)
Dude ranches. The site plan shall illustrate the general
location of all horse trails. To the extent practicable, clear-cutting,
or removal of mature trees, shall be discouraged in the design of
trails. The site plan shall indicate the proposed width of horse trails
to be established. The location of stables, the storage of manure,
and other components of the facility shall meet all applicable state
agricultural and health standards.
(4)
Golf courses.
(a)
Turf management and water quality assurances.
As part of an application for site plan approval, the applicant shall
submit a turf management plan and an integrated pest management plan
specific to the operation and maintenance of the proposed golf course.
The plans shall be prepared in accordance with any guidelines established
by the New York State Department of Environmental Conservation and
shall take into account guidelines promulgated by the United States
Golf Association. These plans will include best management practices
to prevent or minimize adverse impacts of chemical applications on
the groundwater and surface water resources associated with the golf
course. In assuring compliance with the same, the Planning Board may
require the establishment of a monitoring program to protect the water
quality of groundwater and water resources, the cost to be born by
the applicant.
(5)
Existing natural features, such as streams, rock outcrops,
topsoil, trees and shrubs shall be preserved and incorporated in the
landscaping of the development to the maximum extent practicable.
Buffers along water bodies and/or wetland areas shall conform to standards
set forth by the New York State Department of Environmental Conservation
(DEC) and the Army Corps of Engineers. As a general guideline, multiple
stream crossings should be avoided and stream corridors should remain
forested to protect water quality and avoid soil erosion.
(a)
Buildings and structures shall be set back,
and no disturbance shall be permitted, within a minimum distance of
50 feet from the banks of any stream regulated by the New York State
DEC unless the applicant has obtained a stream disturbance permit
from New York State DEC. Along streams that are not regulated by New
York State DEC, buildings and structures shall be set back, and no
disturbances shall be permitted, within a minimum distance of 25 feet
from the stream's bank. Stream buffers shall be included as practicable
in the overall PRC design to protect the quality of surface water
runoff which ultimately discharges to the Bashakill natural area and
recharges the town's groundwater upon which the Town and village residents
rely for water supply.
(b)
Where the Planning Board finds, based on the
conclusions of the ecological survey and in consultation with New
York State DEC, that a proposed development may have an impact on
a rare, threatened or endangered species, or a species of special
concern, the Planning Board may require additional undisturbed buffers
or may require relocation or reduction in development density or intensity
to mitigate potential impacts.
(6)
Maximum development height. The maximum height for
buildings and structures within the stated location shall be as follows:
(7)
Optional increase in development height. The Town
Planning Board may approve an increase in maximum development height
for resort conference centers, lodging facilities, condo-hotels, hotels
and motels of up to 10 stories not to exceed 100 feet.
(a)
The Planning Board, in its deliberations, shall
determine that said increase shall have the following benefits:
[1]
The architecture of any proposed buildings that
are permitted an increase in development height shall be of superior
visual quality and its design compatible with the surrounding rural
character of the community and its natural surroundings.
[2]
The location and design of the structures shall
minimize potential visual impacts to surrounding neighborhoods.
(b)
The following information shall be submitted
by the applicant to assist the Planning Board in its decisionmaking:
[1]
A zone of visibility map shall be provided in
order to determine locations from which the building may be seen.
[2]
A computerized, three-dimensional visual simulation
of the proposed structures and/or buildings which are expected to
exceed 40 feet in height. Visual simulations and other appropriate
graphics shall be provided illustrating views from key viewpoints
within the Town and its villages, including but not limited to state
highways and other major roads, state and local parks, other public
lands, preserves and historic sites normally open to the public, and
from any other location where the site is visible to a large number
of visitors or travelers. The Planning Board shall determine the appropriate
key locations from which visual simulations prior to their preparation.
[3]
An architectural rendering of each elevation
of the structures and/or buildings which are projected to exceed the
forty-foot height limit. The renderings and other support information
shall demonstrate how the structures and/or buildings will be compatible
with the surrounding character of the natural and built environment.
[4]
A description and illustrative representation
of the site disturbance and amount of clearing associated with the
proposed development.
[5]
Such other information as the Board shall request
from time to time.
(c)
Design. The Planning Board, in its decisionmaking,
shall utilize the following general design principles:
[1]
Windows. Ribbon glass is not permitted. Windows
shall incorporate shutters, bracketed tops, entablatures or pediments,
keystone or flat lintels, multi-paned glazing, and other decorative
elements to provide visual interest and break up any monotony of the
building facade.
[2]
Building facade. The building facade shall incorporate
varied materials to provide texture and visual interest. Decorative
details which use wood, timbers, stone, brick, and similar natural
materials shall be incorporated into the design to provide a rural,
rustic character to the building.
[3]
Lighting. Exterior lighting above six stories
shall be discouraged to limit impacts to the night sky. Windows shall
include glazing which minimizes the window's illumination and impacts
to the night sky.
[4]
Building massing. The building's mass shall
be varied, and the Planning Board may require alternating heights,
square or round towers, rooftop cupolas, oriels, chimneys, building
wings, and setbacks and breaks in the plane of building walls to achieve
variations in building massing.
[5]
Rooflines. In order to avoid a monotonous roofline,
the roofline shall be varied using alternating roof pitches, a combination
of side and front gables, dormers, decorative parapets, or other elaborations
that achieve the same effect. Flat roofs are not permitted. Roofs
shall use darker, earthtone colors to minimize visibility.
[6]
Building color. The Planning Board may require
that the building be designed with darker, earthtone colors to limit
the visibility of the structure.
(8)
The arrangement, character, extent, width, grade and
location of all streets shall be considered in relation to existing
and planned streets, topography, and public convenience and safety,
and in their appropriate relation to the proposed uses of the land
to be served by said street, whether private or public. Streets shall
conform to Town of Mamakating street and road specifications.[3] A pedestrian system shall be provided to link guest units
to other on-site activities.
(9)
Internal road access. All uses shall have access to
a public or private street except residences which need no frontage
on a street but must have access thereto via a court, walkway or other
area dedicated to public use or owned and maintained by a homeowners'
association or other entity legally charged with maintenance of common
areas.
(10)
Primary road access. Primary transportation
access serving the site shall be on an improved public road with traffic
capacity suitable to handle additional volumes created by the proposed
development. The Planning Board may limit and restrict the location
of access points where said access would require reliance on Town
roads, particularly where those roads do not currently meet Town specifications.
The Planning Board may restrict access points on Town roads where
reasonable opportunities for access to the proposed site exist on
state or county highways.
(11)
Emergency services. The applicant shall demonstrate
to the satisfaction of the Planning Board that adequate emergency
access is provided to the site. Police, fire, ambulance and other
agencies that are required to service the proposed development shall
be provided with a copy of the site plan application for their review
and comment, and the Planning Board shall take said comments into
consideration in its deliberations. The Planning Board, as a condition
of approval, may require the applicant to supplement emergency service
protection, including the provision of on-site facilities, provision
of private security or other private emergency services, if it is
demonstrated that existing services, facilities or equipment is inadequate
to properly provide emergency protection.
(12)
Building area. The location and arrangement
of all structures shall be in harmony with the intent of this district.
The location and arrangement of structures shall not be detrimental
to existing or prospective adjacent development or to the existing
or prospective development of the town.
(13)
Boundary setbacks, buffer areas, screening and
transitional uses. No building, parking area or road shall be permitted
within 50 feet of any property line in order to minimize visual and
noise impacts on adjoining parcels. A combination of fencing, natural,
undisturbed areas and/or supplemental plantings shall be provided
to create a transitional separation between surrounding existing and
prospective uses and the proposed development. Buildings exceeding
50 feet in height shall be set back a minimum distance equal to the
height of the structure.
(14)
Off-street parking and loading requirements.
Off-street parking and loading facilities for any uses or structures
in a PRC shall conform to the requirements listed in Schedule II.
Parking areas shall be broken up to avoid the appearance of significant
expanses of impervious surfaces and amply landscaped. Parking garages,
if required, shall be integrated and directly attached to the principal
resort building structure, and its facade shall be consistent with
and integrated with the building facade for the resort hotel.
(15)
Common property in the PRC. Common property
in the PRC is a parcel or parcels of land, and privately owned road
or roads, together with the improvements thereon, the use and enjoyment
of which are shared by the owners and occupants of the individual
building sites. Arrangements satisfactory to the Town Board upon the
review and recommendations of the Attorney for the Town must be made
for the improvement, operation, and maintenance of such common property
and facilities, including private streets, drives, parking and recreation
areas.
(16)
Utilities. Utilities shall be designed, installed
and operated in accordance with industry standards and best management
practices. Plans for utilities shall be reviewed by the Town Engineer,
and installed and operated in accordance with required permits. To
improve the visual quality of the environment and reduce disruption
of service during inclement weather, utilities, including electric
and cable, shall be installed underground.
(17)
Stormwater management and erosion control plan.
The applicant shall submit a stormwater management and erosion control
plan and shall follow best management practices promulgated by the
New York State Department of Environmental Conservation to adequately
handle stormwater runoff and protect water quality. Stormwater management
facilities, including detention or retention ponds, swales and other
drainage features, shall be attractively landscaped. The project's
stormwater management system shall allow zero net increase in the
rate of stormwater runoff.
(18)
Landscaping. All areas of the planned resort
community shall be amply landscaped with a combination of decorative
and native plant materials. A landscaping plan shall be submitted
and approved as part of the PRC application.
(19)
Lighting. On-site lighting shall be designed
and installed in a manner that minimizes visual impacts to the night
sky. A lighting plan depicting the level and intensity of illumination
within the site and at the property boundary shall be submitted to
the Planning Board with the application for site plan review. The
level of illumination shall not exceed a minimum average horizontal
level of .5 footcandle at the property boundary. Decorative lighting
fixtures shall be incorporated into the overall design of the project;
cobra-head light fixtures shall be discouraged.
(20)
Signage. The applicant shall furnish a sign
plan illustrating the location and design of on-site signs to be approved
as part of the site plan. Signs shall be uniform and attractive in
appearance.
(21)
Additional site development standards. In addition
to the standards set forth in this section, the applicant shall also
comply with the appropriate design, site development plan and performance
standards of this chapter and the Subdivision Regulations.[4] However, where a conflict exists between the development standards contained in this section (i.e., § 199-18 et seq.) and any of the above, this section shall prevail.
G.
Application procedures. Site plan review and approval shall be conducted in accordance with the provisions contained in Article IX, Site Development Plan Review; provided, however, that a public hearing on the PRC application shall be required. The Planning Board shall cause the applicant to post notice on the subject property indicating the date, time, and location of the public hearing, and a brief description of the action being considered, at least 10 days prior the public hearing date. One notice shall be posted along each property line adjoining a road and shall be clearly visible from said road. Notices shall be affixed in a manner prescribed by the Planning Board. Said notice shall be removed following the close of the public hearing.
H.
Submission requirements. In addition to those elements
normally required as part of a site plan or subdivision plan submission,
the following additional information shall be submitted as part of
the site plan application. Alternatively, these data may be submitted
in conjunction with a draft environmental impact statement if one
is prepared.
(1)
Traffic study, indicating the ability, in terms of
capacity and geometry, of the internal and roadway network to accommodate
traffic generated by the proposed development. The traffic study shall
identify mitigation measures, if necessary, to minimize traffic impacts
on Town roads and ensure adequate traffic flow through the community.
(2)
Ecological survey, assessing the type and quality
of ecological habitat on the project site and immediately adjoining
properties, and a description of the flora and fauna determined through
on-site field investigation. The applicant shall consult with the
New York State DEC early in the application process to determine the
likely presence of rare, threatened or endangered species as well
as species of special concern, and the design of the PRC shall conform
to any mitigations required to avoid impacts to said sensitive species.
The ecological study shall take into consideration seasonal variations
in determining the likely presence of species. To the maximum extent
practicable, the design of the PRC shall maximize opportunities to
provide a contiguous system of open space which may be linked to open
space areas on adjoining parcels.
(3)
Cultural resource survey, including a Stage 1A analysis,
and, if necessary, subsequent stages of investigation, in accordance
with methods and procedures promulgated by the New York State Office
of Parks, Recreation and Historic Preservation.
(4)
Market feasibility study, demonstrating the market
demand for the proposed components of the PRC, and evidence to demonstrate
the applicant's experience and financial capability to carry out the
plan.
(5)
Demographic analysis, identifying the number and type
of housing and guest units to be constructed, the bedroom mix, and
the anticipated year-round and seasonal population, including school
children, to be generated, utilizing demographic multipliers derived
from the market area which the proposed project will serve.
(6)
Fiscal impact study and the assumptions upon which
it is based to review the estimated municipal and school district
costs, including capital and operating costs, and the services and
ratables which might be anticipated for the development.
(7)
A report demonstrating the effect of the introduction
of a water supply system to service the PRC on off-site wells prepared
by a hydrogeologist. The report will include data on existing and
proposed on- and off-site well locations, well yield test and well
pump data, well yield capacity, and aquifer recharge/water budget
analysis. The potential impact on drawdown of surrounding wetland
and water resources shall be documented.
(8)
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 160 and § 199-44 shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in § 199-44. The approved site plan shall be consistent with the provisions of Chapter 160 and § 199-44.
[Added 12-18-2007 by L.L. No. 3-2007]
I.
SEQRA. An application for a PRC shall be deemed to
constitute a Type I action, which may require the submission of a
draft environmental impact statement (DEIS). The site plan application
shall not be deemed complete until the Town Planning Board has either
adopted a negative declaration under SEQRA or has accepted a DEIS
as complete.
J.
Project phasing. If the project is to be phased, then
a phasing plan shall be submitted and approved as part of the site
plan application. The Planning Board, as a condition of site plan
approval, may require that the project and ancillary improvements
be phased in order to assure that the Town and other community services
may keep pace with the demands placed on these services as a result
of the PRC development. The Planning Board may also approve a part
or parts of the site plan in phases.
K.
Conditions. The Town Planning Board, at its discretion,
may attach any reasonable conditions to site plan approval for a PRC
as necessary to assure conformance of the PRC with the intent and
objectives of these regulations and SEQRA.
L.
Site improvements. No certificate of occupancy shall
be issued for construction of a planned resort community, or portion
thereof, until the required improvements are installed in accordance
with the approved site plan.
A.
Intent. Given the historic resort use of lands in
proximity to New York State Route 17, areas of the RVP Zoning District
are suited for limited mixed-use resort development. Use of these
areas for limited mixed-use resort development will provide economic
development activities consistent with the goals and objectives of
the Town of Mamakating Comprehensive Master Plan for Conservation
and Development.
B.
General design standards. The following standards
are set forth to provide a balanced approach for continued use of
a limited portion of the Shawangunk Ridge for a mix of resort-type
uses while maintaining the visual integrity of this area of the town.
(1)
Location. Development of mixed-use resorts shall only
be permitted on properties within the RVP District which properties
or portions thereof are located within 2,000 feet of an existing entrance
and/or exit to New York State Route 17.
(2)
Permitted uses. A limited mixed-use resort development
consists of, at a minimum, a building or buildings used for guest
overnight accommodations and recreational uses, including a golf course
(subject to the design requirements contained in 199-26I), cross-country
ski trails, horse and hiking trails, tennis and paddle ball courts,
basketball courts, indoor or outdoor swimming pool and clubhouse.
A limited mixed-use resort development may also include resort-related
single-family detached structures or single-family attached (townhome)
units subject to the design requirements contained in 199-26N(5)(a).
The following uses are allowed accessory to the resort hotel, provided
said uses are incorporated into the principal resort building: rooms
for meetings and conferences, dining rooms, indoor fitness center,
and administrative offices. Ancillary retail uses are permitted, provided
they are limited to use by resort guests and the space for said uses
is incorporated into the principal resort building. The Planning Board
may limit the size and hours of operation of accessory uses to ensure
conformity with the intent of these regulations.
(3)
Ownership. The tract of land proposed for mixed-use
resort development within the stated location may have one or more
owners, and every application shall require the written consent of
all individuals, firms, associations, syndicates, partnerships, or
corporations with proprietary interest in the affected land, authorizing
the applicant to act on behalf of the owner or owners in connection
with all matters pertaining to the site plan application. In the case
of multiple ownership, a plan once approved shall be binding on all
owners, their successors and assigns.
(4)
Utilities. Mixed-use resort projects located within the stated area
shall be served by central water and central wastewater treatment
systems. Central water systems shall be constructed in accordance
with standards and specifications as required by the New York State
Department of Health, and central wastewater treatment systems shall
be constructed in accordance with standards and specifications as
required by the New York State Department of Environmental Conservation
or standards and specifications promulgated by the Town of Mamakating,
whichever are more protective of the environment. In developing utilities
to service the proposed mixed-use resort, the applicant shall consider
the infrastructure needs of adjoining neighborhoods and shall explore
methods to develop a Town-endorsed system that accommodates the needs
of adjoining neighborhoods. The applicant shall comply with the Town
of Mamakating procedures for establishment or extension of a municipal
water and/or wastewater treatment district should the proposed project
require establishment or extension of a municipal district. Gray water
systems and water-saving devices shall be used to the maximum extent
to limit water consumption. In the event that a Town-endorsed water
and Town-endorsed sewer system are not provided, year-round occupancy
units that will or may be owned separately from the ownership of the
overall resort must be located on individual separate lots of adequate
lot size and arrangement to accommodate the lawful and fully compliant
installation of individual well and septic systems in the event that
shared private utilities of the resort cease to properly operate.
The sizing and arrangement of such individual lots shall consider
soils, slopes, all applicable standards, and the requirements of construction
and access.
[Amended 7-21-2015 by L.L. No. 2-2015]
(5)
Minimum lot area. The minimum lot area for development of mixed-use resorts shall be 200 contiguous acres. For purposes of these provisions, property in the same ownership but separated only by a road or utility easement shall be deemed to be contiguous; however, property separated by other lands not in the same ownership shall be deemed to be noncontiguous. As a result of the large minimum lot area requirement stated above, and the special requirements contained herein, § 199-35, Environmental constraints, of this chapter shall not apply in the limited purpose of meeting the minimum lot area, but shall apply in determining maximum density and for any other purpose.
[Amended 7-21-2015 by L.L. No. 2-2015]
(6)
Maximum density.
[Amended 7-21-2015 by L.L. No. 2-2015]
(a)
Year-round occupancy: dwelling units. The maximum density for a mixed-use resort is one dwelling unit per 7.5 net acres after deduction of environmental constraints pursuant to § 199-35. No more than 50% of the net acreage shall be used to calculate the density for dwelling units suited for year-round occupancy. The applicant shall first calculate the total number of year-round dwelling units. The remaining acreage may be used to calculate the maximum number of guest units for the mixed-use resort.
(b)
Transient occupancy: guest units. After the acreage used to calculate year-round occupancy is subtracted from the total net acreage of the parcel, the maximum number of guest units shall be established. Guest units shall be permitted at a density of 1.50 guest units per net acre after deduction of environmental constraints pursuant to § 199-35.
(c)
A guest unit is a lodging unit, motel unit, condo-hotel unit,
bungalow unit, villa unit or similar tourist accommodation unit, designed
and maintained for transient occupancy only. The Planning Board shall
have the authority to impose conditions to ensure that guest units
maintain their transient nature, including conditions on the design
of the guest units, e.g., limitations on use of kitchens and kitchenettes,
washers and dryers, limitations on the duration of visitor stays,
maintenance of visitor guest books, the filing of covenants and restrictions,
and similar conditions.
(7)
Maximum development coverage. Maximum development
coverage shall not exceed 25% of the entire site.
(9)
Optional increase in development height. The Town
Planning Board may approve an increase in maximum development height
for resort conference centers, lodging facilities, condo-hotels, hotels
and motels of up to eight stories not to exceed 80 feet.
(a)
The Planning Board, in its deliberations, shall
determine that said increase shall have the following benefits:
[1]
The architecture of any proposed buildings that
are permitted an increase in development height shall be of superior
visual quality and its design compatible with the surrounding rural
and rustic character of the ridgeline and its environs.
[2]
The resulting design reduces overall disturbance
to the project site, especially in areas where sensitive ecological
habitat has been documented.
(b)
The following information shall be submitted
by the applicant to assist the Planning Board in its decisionmaking:
[1]
A zone of visibility map shall be provided in
order to determine locations from which the building may be seen.
[2]
A computerized, three-dimensional visual simulation
of the proposed structures and/or buildings which are expected to
exceed 40 feet in height. Visual simulations and other appropriate
graphics shall be provided illustrating views from key viewpoints
within the Town and its villages, including but not limited to state
highways and other major roads, state and local parks, other public
lands, preserves and historic sites normally open to the public, and
from any other location where the site is visible to a large number
of visitors or travelers. The Planning Board shall determine the appropriate
key locations from which visual simulations prior to their preparation.
[3]
An architectural rendering of each elevation
of the structures and/or buildings which are projected to exceed the
forty-foot height limit. The renderings and other support information
shall demonstrate how the structures and/or buildings will be compatible
with the surrounding character of the natural and built environment.
[4]
A description and illustrative representation
of the site disturbance and amount of clearing associated with the
proposed development.
[5]
Such other information as the Board shall request
from time to time.
(c)
Design. The Planning Board, in its decisionmaking,
shall utilize the following general design principles:
[1]
Windows. Ribbon glass is not permitted. Windows
shall incorporate shutters, bracketed tops, entablatures or pediments,
keystone or flat lintels, multi-paned glazing, and other decorative
elements to provide visual interest and break up any monotony of the
building facade.
[2]
Building facade. The building facade shall incorporate
varied materials to provide texture and visual interest. Decorative
details which use wood, timbers, stone, brick, and similar natural
materials shall be incorporated into the design to provide a rural,
rustic character to the building.
[3]
Lighting. Exterior lighting above four stories
shall be discouraged to limit impacts to the night sky. Windows shall
include glazing which minimizes the window's illumination and impacts
to the night sky.
[4]
Building massing. The building's mass shall
be varied, and the Planning Board may require alternating heights,
square or round towers, rooftop cupolas, oriels, chimneys, building
wings, and setbacks and breaks in the plane of building walls to achieve
variations in building massing.
[5]
Rooflines. In order to avoid a monotonous roofline,
the roofline shall be varied using alternating roof pitches, a combination
of side and front gables, dormers, decorative parapets, or other elaborations
that achieve the same effect. Flat roofs are not permitted. Roofs
shall use darker, earthtone colors to minimize visibility.
[6]
Building color. The Planning Board may require
that the building be designed with darker, earthtone colors to limit
the visibility of the structure.
[7]
Architecture. The Planning Board shall consider
the building characteristics and features of Mohonk Mountain House
as a model of rural or rustic character. Nothing herein, however,
shall limit the Planning Board from approving other designs that similarly
complement the rural and rustic character of the Town of Mamakating.
(10)
Existing natural features, such as streams,
rock outcrops, topsoil, trees and shrubs shall be preserved and incorporated
in the landscaping of the development to the maximum extent practicable.
Buffers along water bodies and/or wetland areas shall conform to standards
set forth by the New York State Department of Environmental Conservation
(DEC) and the Army Corps of Engineers. As a general guideline, multiple
stream crossings should be avoided and stream corridors should remain
forested to protect water quality and avoid soil erosion.
(a)
Buildings and structures shall be set back,
and no disturbance shall be permitted, within a minimum distance of
50 feet from the banks of any stream regulated by the New York State
DEC unless the applicant has obtained a stream disturbance permit
from New York State DEC. Along streams that are not regulated by New
York State DEC, buildings and structures shall be set back, and no
disturbances shall be permitted, within a minimum distance of 25 feet
from the stream's bank. Stream buffers shall be included as practicable
in the overall PRC design to protect the quality of surface water
runoff which ultimately discharges to the Bashakill natural area and
recharges the town's groundwater upon which the Town and village residents
rely for water supply.
(b)
Where the Planning Board finds, based on the
conclusions of the ecological survey and in consultation with New
York State DEC, that a proposed development may have an impact on
a rare, threatened or endangered species, or a species of special
concern, the Planning Board may require additional undisturbed buffers
or may require relocation or reduction in development density or intensity
to mitigate potential impacts.
(11)
Emergency services. The applicant shall demonstrate
to the satisfaction of the Planning Board that adequate emergency
access is provided to the site. Police, fire, ambulance and other
agencies that are required to service the proposed development shall
be provided with a copy of the site plan application for their review
and comment, and the Planning Board shall take said comments into
consideration in its deliberations. The applicant may be required
to supplement emergency service protection, including the provision
of on-site facilities, if it is demonstrated that existing services,
facilities or equipment are inadequate to properly provide emergency
protection.
(12)
Building area. The location and arrangement
of all structures shall be in harmony with the intent of this district.
The location and arrangement of structures shall not be detrimental
to existing or prospective adjacent development or to the existing
or prospective development of the town.
(13)
Boundary setbacks, buffer areas, screening and
transitional uses. No building, parking area or road shall be permitted
within 50 feet of any property line in order minimize visual and noise
impacts on adjoining parcels. A combination of fencing, natural, undisturbed
areas and/or supplemental plantings shall be provided to create a
transitional separation between surrounding existing and prospective
uses and the proposed development.
(14)
Off-street parking and loading requirements. Off-street parking and loading facilities for any uses or structures shall conform to the requirements listed in Article VII, Parking Standards. Parking areas shall be broken up to avoid the appearance of significant expanses of impervious surfaces and amply landscaped. A parking garage, if required, shall be integrated and directly attached to the principal resort building structure, and its facade shall be consistent with and integrated with the building facade for the resort hotel.
(15)
Common property. Common property is a parcel
or parcels of lands, and privately owned road or roads, together with
the improvements thereon, the use and enjoyment of which are shared
by the owners and occupants of the individual building sites. Arrangements
satisfactory to the Town Board upon the review and recommendations
of the Attorney for the Town must be made for the improvement, operation,
and maintenance of such common property and facilities, including
private streets, drives, parking and recreation areas.
(16)
Utilities. Utilities shall be designed, installed
and operated in accordance with industry standards and best management
practices. Plans for utilities shall be reviewed by the Town Engineer,
and installed and operated in accordance with required permits. To
improve the visual quality of the environment and reduce disruption
of service during inclement weather, utilities, including electric
and cable, shall be installed underground.
(17)
Stormwater management and erosion control plan.
The applicant shall submit a stormwater management and erosion control
plan and shall follow best management practices promulgated by the
New York State Department of Environmental Conservation to adequately
handle stormwater runoff and protect water quality. Stormwater management
facilities, including detention or retention ponds, swales and other
drainage features, shall be attractively landscaped.
(18)
Landscaping. All areas of a limited mixed-use
resort development shall be amply landscaped with a combination of
decorative and native plant materials. A landscaping plan shall be
submitted and approved as part of the site plan application.
(19)
Lighting. On-site lighting shall be designed
and installed in a manner that minimizes visual impacts to the night
sky. A lighting plan depicting the level and intensity of illumination
within the site and at the property boundary shall be submitted to
the Planning Board with the application for site plan review. The
level of illumination shall not exceed a minimum average horizontal
level of .5 footcandle at the property boundary. Decorative lighting
fixtures shall be incorporated into the overall design of the project;
cobra-head light fixtures shall be discouraged.
(20)
Signage. The applicant shall furnish a sign
plan illustrating the location and design of on-site signs to be approved
as part of the site plan. Signs shall be uniform and attractive in
appearance.
(21)
Additional site development standards. In addition
to the standards set forth in this section, the applicant shall also
comply with the appropriate design, site development plan and performance
standards of this chapter and the Subdivision Regulations.[1] However, where a conflict exists between the development standards contained in this section (i.e., § 199-19 et seq.) and any of the above, this section shall prevail.
C.
Application procedures. Site plan review and approval shall be conducted in accordance with the provisions contained in Article IX, Site Development Plan Review; provided, however, that a public hearing on the mixed-use resort application shall be required. The Planning Board shall cause the applicant to post notice on the subject property indicating the date, time, and location of the public hearing, and a brief description of the action being considered, at least 10 days prior the public hearing date. One notice shall be posted along each property line adjoining a road and shall be clearly visible from said road. Notices shall be affixed in a manner prescribed by the Planning Board. Said notice shall be removed following the close of the public hearing.
[Amended 7-21-2015 by L.L. No. 2-2015]
D.
Submission requirements. In addition to those elements
normally required as part of a site plan or subdivision plan submission,
the following additional information shall be submitted as part of
the site plan application. Alternatively, these data may be submitted
in conjunction with a draft environmental impact statement if one
is prepared.
(1)
Traffic study, indicating the ability, in terms of
capacity and geometry, of the internal and roadway network to accommodate
traffic generated by the proposed development. The traffic study shall
identify mitigation measures, if necessary, to minimize traffic impacts
on Town roads and ensure adequate traffic flow through the community.
(2)
Ecological survey, assessing the type and quality
of ecological habitat on the project site and immediately adjoining
properties, and a description of the flora and fauna determined through
on-site field investigation. The applicant shall consult with the
New York State DEC early in the application process to determine the
likely presence of rare, threatened or endangered species as well
as species of special concern, and the design of the resort shall
conform to any mitigations required to avoid impacts to said sensitive
species. The ecological study shall take into consideration seasonal
variations in determining the likely presence of species. To the maximum
extent practicable, the design of the resort development shall maximize
opportunities to provide a contiguous system of open space which may
be linked to open space areas on adjoining parcels.
(3)
Cultural resource survey, including a Stage 1A investigation
and, if necessary, subsequent stages of investigation in accordance
with methods and procedures promulgated by the New York State Office
of Parks, Recreation and Historic Preservation.
(4)
Market feasibility study, demonstrating the market
demand for the proposed components of the resort development, and
evidence to demonstrate the applicant's experience and financial capability
to carry out the plan.
(5)
Demographic analysis, identifying the number and type
of housing and guest units to be constructed, the bedroom mix, and
the anticipated year-round and seasonal population, including school
children, to be generated, utilizing demographic multipliers derived
from the market area which the proposed project will serve.
(6)
Fiscal impact study and the assumptions upon which
it is based to review the estimated municipal and school district
costs, including capital and operating costs, and the services and
ratables which might be anticipated for the development.
(7)
A report demonstrating the effect of the introduction
of a water supply system to service the resort on off-site wells prepared
by a hydrogeologist. The report will include data on existing and
proposed on- and off-site well locations, well yield test and well
pump data, well yield capacity, and aquifer recharge/water budget
analysis. The potential impact on drawdown of surrounding wetland
and water resources shall be documented.
E.
SEQRA. An application shall be deemed to constitute
a Type I action, which may require the submission of a draft environmental
impact statement (DEIS). The site plan application shall not be deemed
complete until the Town Planning Board has either adopted a negative
declaration under SEQR or has accepted a DEIS as complete.
F.
Project phasing. If the project is to be phased, then
a phasing plan shall be submitted and approved as part of the site
plan application. The Planning Board, as a condition of site plan
approval, may require that the project and ancillary improvements
be phased in order to assure that the Town and other community services
may keep pace with the demands placed on these services as a result
of the development. The Planning Board may also approve a part or
parts of the site plan in phases.
G.
Conditions. The Town Planning Board, at its discretion,
may attach any reasonable conditions as necessary to assure conformance
with this section and SEQRA.
H.
Site improvements. No certificate of occupancy shall
be issued for construction of a resort development, or portion thereof,
until the required improvements are installed in accordance with the
approved site plan.
[Added 5-16-2006 by L.L. No. 2-2006]
A.
Intent. The Town of Mamakating wishes to protect its unique character, which is a combination of spectacular natural features, early building traditions and its cultural heritage. Traditionally, commercial and industrial buildings were located in the Town's villages and hamlet centers. Over time, the unique features of the commercial buildings in the Town helped to define its character. These features can also provide direction for outlying commercial/industrial development, while it is understood that they will be adapted in different ways. The community wishes to respect the design traditions of its past within its commercial districts while supporting the unique identity of these areas. It also wants to allow for creativity in design. Within its LIO Light Industrial Office District, the community wishes to provide design guidelines that ensure that industrial and office developments are designed in a manner that respects the character of the community and does not detract from its natural environment. These design guidelines are the outgrowth of recommendations within the Town's Comprehensive Master Plan. They shall apply to all developments within the Town's TC Town Center, HC Hamlet Center, and LIO Light Industrial Office Districts that are subject to § 199-45, Site plan review and approval, and § 199-26, Individual standards for special uses.
C.
Design guidelines adopted. To encourage high-quality
and aesthetically pleasing design of commercial and industrial properties
within the Town's TC Town Center, HC Hamlet Center, and LIO Light
Industrial Office Districts, the Town of Mamakating hereby appends
the document entitled "Design Guidelines," dated April 2006, to this
chapter as Schedule III. This document shall provide general guidelines
and principles appropriate to the site design of commercial and industrial
properties as well as the architectural features of commercial and
industrial buildings, along with visual examples of attractive and
effective application of such design principles for use in the development
of site plan applications, building elevation and as a basis for the
Planning Board's review of such applications.
[Added 11-1-2016 by L.L.
No. 3-2016]
A.
Authority. This solar energy law systems zoning law is adopted pursuant
to § 261-263 of the Town Law of the State of New York, which
authorize the Town of Mamakating to adopt zoning provisions that advance
and protect the health, safety, and welfare of the community, and
to make provision for, so far as conditions may permit, the accommodation
of solar energy systems and equipment and access to sunlight necessary
therefor.
B.
Statement of purpose.
(1)
This section is adopted to advance and protect the public health,
safety, and welfare of the Town of Mamakating, including:
(a)
Taking advantage of a safe, abundant, renewable, and nonpolluting
energy resource;
(b)
Decreasing the cost of energy to the owners of commercial and
residential properties, including single-family houses; and
(c)
Increasing employment and business development in the region
by furthering the installation of solar energy systems.
C.
Definitions.
- BUILDING INTEGRATED PHOTOVOLTAIC SYSTEM
- A combination of photovoltaic building components integrated into any building envelope system, such as vertical facades including glass and other facade material, semitransparent skylight systems, roofing materials, and shading over windows.
- GROUND-MOUNTED SOLAR ENERGY SYSTEM
- A solar energy system that is anchored to the ground or attached to a pole or other mounting system.
- LARGE-SCALE SOLAR ENERGY SYSTEM
- A solar energy system that is ground-mounted and produces energy primarily for the purpose of offsite sale or consumption.
- QUALIFIED SOLAR INSTALLER
- A person who possesses skills and knowledge related to the construction and operation of solar energy systems, equipment and installations and has received safety training on the hazards involved. Persons who are on the list of eligible solar installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purpose of this definition.
- ROOF-MOUNTED SOLAR ENERGY SYSTEM
- A solar panel system located on the roof of any legally permitted building or structure for the purpose of producing electricity for onsite or offsite consumption.
- SITE
- The area within which or upon which a solar energy system
is constructed, used or operated.[Added 4-3-2018 by L.L. No. 3-2018]
- SMALL-SCALE SOLAR ENERGY SYSTEM
- A solar energy system that is ground mounted and produces energy primarily for the purpose of producing electricity for onsite consumption.
- SOLAR ACCESS
- Space open to the sun and clear of overhangs or shade so as to permit the use of a solar energy system.
- SOLAR ENERGY EQUIPMENT
- Electrical energy storage devices, material, hardware, inverters, or other electrical equipment and conduit of photovoltaic devices associated with the production of electrical energy.
- SOLAR ENERGY SYSTEM
- Solar collectors, modules' controls, energy storage devices,
and other materials, hardware and equipment necessary to the process
by which solar radiation is collected, converted into another form
of energy, stored, protected from unnecessary dissipation, and distributed,
including the solar access necessary for the system to operate as
designed, and any areas of land that are disturbed or cleared for
construction, use or operation, to provide or maintain the solar access,
access drives and any accessory or appurtenant structures. For the
purpose of this chapter a solar energy system does not include a solar
energy system of four square feet or less in size.[Amended 4-3-2018 by L.L. No. 3-2018]
- SOLAR PANEL
- A device for the direct conversion of solar energy into electrical energy.
D.
Applicability. The requirements of this law shall apply to all solar
energy systems installed or modified after its effective date, except
this law shall not apply to building-integrated photovoltaic systems
or to general maintenance and repair of solar energy systems.
E.
General permit, inspection and operation requirements.
(1)
Application for and issuance of a building permit shall be required
prior to installation of a solar energy system.
(2)
A solar energy system shall be designed and installed in accordance
with all applicable laws, codes and regulations, including but not
limited to the New York State Uniform Fire Prevention and Building
Code and other state Code provisions.
(3)
All solar energy system installations must be performed by a qualified
solar installer.
(4)
Prior to operation, electrical connections must be inspected by the
Town building inspector and by a qualified electrical inspector acceptable
to the Town. Any connection to the public utility grid must meet all
applicable Town, state, federal and public utility laws, rules and
regulations.
(5)
All solar energy systems shall be maintained in good working order.
F.
Roof-mounted solar energy systems.
(1)
Roof-mounted solar energy systems that use the electricity onsite
or offsite are permitted as an accessory use in all zoning districts
when attached to the roof of any lawfully permitted building or structure.
(2)
Height. Roof-mounted solar energy systems shall not exceed the maximum
height restrictions of the zoning district within which they are located
and are provided the same height exemptions granted to building-mounted
mechanical devices or equipment.
(3)
A roof-mounted system may be mounted on any legal principal or accessory
building or structure.
(4)
Aesthetics. Roof-mounted solar energy system installations shall
incorporate the following design requirements:
(a)
When feasible, as determined by the code enforcement officer,
panels facing the front yard should be mounted at the same angle as
the roof's surface with a maximum distance of 18 inches between
the roof and highest edge of the system.
(5)
Roof-mounted solar energy systems that use the energy onsite or offsite
shall be exempt from site plan review.
(6)
The applicant shall file a New York State Unified Solar Permit (USP)
application and pay all fees to obtain a building permit.
G.
Small-scale solar energy systems.
(1)
Small-scale solar energy systems are permitted as accessory structures in all zoning districts subject to the requirements set forth in Subsection G(3) below.
(2)
Small-scale solar energy systems must obtain site plan approval from the Planning Board, unless the code enforcement officer determines that the solar energy system will not be visible, due to year-round vegetation screening or topography, from a public or private road or from adjoining properties. If such determination is made, site plan approval is not required, and Subsection G(3)(b) below shall not apply, but issuance of a building permit is required. The applicant shall file a New York State USP application, if applicable.
(3)
The following requirements shall apply to all small-scale solar energy
systems:
(a)
Height and setbacks. Small-scale solar energy systems shall
not exceed 12 feet in height and shall meet the setback requirements
of the zoning district for accessory structures.
(b)
A small-scale solar energy system shall not be placed in the front yard, or closer to the street line than the street wall of the principal structure, unless the applicant demonstrates to the satisfaction of the Planning Board that the proposed area is the only area where the solar energy system can reasonably function, and that appropriate screening from adjoining properties and from public and private roadways shall be provided. This Subsection shall not apply to a solar energy system permitted by the code enforcement officer pursuant to Subsection G(2) above.
(c)
The solar energy system and related equipment shall be substantially
screened from view from adjoining properties and from public and private
roadways.
(d)
Removal of unused solar energy system and equipment. The applicant
and property owner must agree, in writing, to remove the solar energy
system and all associated equipment and structures if the solar energy
system ceases to be used for its intended purpose for 12 consecutive
months. Removal of such unused system, equipment and structures shall
be completed within three months thereafter. If the solar energy system
is not completely removed within three months, the Town shall have
the right and authority to enter upon the property and remove and
dispose of the system. All costs of such removal, including, but not
limited to, reasonable attorneys' fees, shall be charged to the
property owner. If such costs are not paid, such charges shall be
a lien upon the property and shall be assessed, levied and collected
in the same manner as real property taxes.
(e)
Lot coverage. The surface area covered by ground-mounted solar
panels shall be included in total lot coverage for storm water management
design purposes but not for development coverage purposes.
H.
Large-scale solar energy systems.
(1)
Large-scale solar energy systems are permitted as a special permit
use in all zoning districts, except the Ridge and Valley Protection
(RVP) District, subject to special use permit and site plan approval
by the Planning Board and subject to the following special use permit
requirements and conditions.
(2)
A large-scale solar energy system shall not be permitted on a site
unless at least 50% of the site has existing solar access for the
proposed solar energy system prior to any land disturbance or tree
clearing.
[Added 4-3-2018 by L.L.
No. 3-2018[1]]
[1]
Editor's Note: This local law also redesignated former Subsection H(2) as Subsection H(4). The Town Board is hereby authorized to exempt a proposed large-scale solar energy system from the amendments of the current zoning law set forth in Subsections H(2), (3) and (4) in this section, provided that such exemption may be granted only to a proposed solar energy system that has submitted an application to the Town Planning Board prior to adoption of this L.L. No. 3-2018. The Town Board is hereby authorized to grant such exemption by resolution. Such resolution shall state the Board's reason for granting the exemption.
(3)
A large-scale solar energy system shall not be permitted on a site
where 50% or more of the site contains any or all of the following
sensitive areas:
[Added 4-3-2018 by L.L.
No. 3-2018]
(a)
One-hundred-year flood hazard zones;
(b)
Land within a federal or state-regulated wetland or wetland
adjacent buffer area;
(c)
Land containing slopes over fifteen-percent grade;
(d)
Land containing significant or rare natural ecological communities
as designated by the New York State Department of Environmental Conservation;
(e)
Mature forested land, which is defined as a forested area where
the canopy layer is comprised of at least 50% of trees having an average
diameter at breast height of 15 inches or greater.
(4)
Special use permit requirements and conditions. In addition to all
other site plan and special use permit requirements, the following
requirements and conditions shall apply:
[Amended 4-3-2018 by L.L.
No. 3-2018]
(a)
The applicant shall submit a site map depicting any sensitive area listed in Subsection H(3) above; depicting ecological communities based on Edinger's Second Edition Ecological Communities of New York State; and showing and identifying all trees of eight-inch diameter or greater at breast height by species, condition of health and diameter at breast height.
(b)
Large-scale solar energy systems shall not be constructed on any portion of a lot containing a sensitive area listed in Subsection H(3) above, except that where no practical alternative exists, the Planning Board may allow limited disturbance of such areas to provide vehicular or utility access or the installation of security fencing.
(c)
Large-scale solar energy systems shall be sited to minimize
disturbance of higher value ecological communities. For the purposes
of defining ecological value, the Planning Board shall consider the
quality of the community based on biodiversity and the absence or
presence of invasive and non-native species. Established natural communities
shall be given preference for preservation over areas of human disturbance
or successional communities.
(d)
No more than five acres of forested land, defined as a forested
area where the canopy layer is comprised of at least 50% of trees
having an average diameter at breast height of eight inches or greater,
may be cleared in connection with the construction of a large-scale
solar energy system.
(e)
Ground cover under and between the rows of solar panels shall
be low-maintenance, drought resistant, native, non-fertilizer-dependent
flora.
(f)
Roadways within the site shall not be constructed of impervious
materials, and the site shall be designed to minimize the extent of
roadway construction and soil compaction.
(g)
Stormwater improvements shall be designed, constructed and maintained
such that there is no net increase in the rate or volume stormwater
runoff from the site.
(h)
If the property of the proposed project is to be leased, legal
consent between all parties, specifying the use(s) of the land for
the duration of the project, including easements and other agreements,
shall be submitted.
(i)
The equipment specification sheets shall be documented and submitted
for all photovoltaic panels, significant components, mounting systems,
and inverters that are to be installed.
(j)
Property operation and maintenance plan. Such plan shall describe
continuing solar energy system repair and maintenance and property
upkeep, such as mowing and trimming. The use of herbicides is prohibited.
(k)
The following dimensional requirements shall apply to large-scale
solar energy systems:
|
Dimension
|
Number of Feet
|
|---|---|
|
Lot width
|
250
|
|
Front yard setback
|
100
|
|
Side yard setback (each)
|
75
|
|
Rear yard setback
|
75
|
|
Building height
|
35
|
|
Maximum height of solar collectors
|
12
|
|
Maximum height of fencing
|
7
|
(l)
The total area to be occupied by the solar energy system shall
not exceed 20 acres.
(m)
All on-site power lines shall be installed underground unless
the applicant demonstrates to the satisfaction of the Planning Board
that another type of installation will not be visible to any neighbor
or the public and such installation is no less protective of the environment.
(n)
All large-scale solar energy systems shall be enclosed by seven-foot-high
perimeter fencing to prevent unauthorized access. There shall be a
six-inch gap at the bottom of the fencing to allow small wildlife
access to and from the site. Warning signs with the owner's contact
information shall be placed on the entrance and perimeter of the fencing.
(o)
Appropriate screening shall be provided, as determined by the
Planning Board in its sole direction, to screen the solar energy system
and fencing from residential properties, public roads, private roads
and private rights-of-way to the maximum extent practicable. The applicant
shall provide a visual analysis to the Planning Board using line-of-sight
profiles from public viewing locations determined by the Planning
Board.
(p)
Buildings and structures associated with the solar energy system
shall, to the maximum extent practicable, use materials, colors and
textures that will blend the facility into the existing environment.
(q)
Solar panels and equipment shall be designed and sited so as
to not reflect glare onto other properties, public roads or private
roads or rights-of-way and shall not interfere with traffic or create
a safety hazard.
(r)
Driveways servicing the site shall have safe sight distance
and lawful and appropriate access for emergency vehicles and equipment.
Access to the site shall be reviewed by the relevant emergency service
provider(s).
(s)
The identification of the manufacturer and installer, and appropriate
warning signs, shall be posted at the site, be clearly visible and
weather-resistant.
(t)
The solar energy system and equipment shall be marked in order
to provide emergency responders with appropriate warning and guidance
with respect to isolating the solar electric system. Materials used
for marking shall be weather-resistant. The markings shall be placed
adjacent to the main service disconnect in a location clearly visible
from where the power lever is located. If any of the standards in
this subsection are more stringent than applicable provisions of the
New York State Uniform Fire Prevention and Building Code (the State
Code), these standards shall be deemed to be guidelines only, and
the standards of the State Code shall apply.
(u)
The Planning Board may impose conditions on its approval of
any special use permit under this section in order to enforce the
standards referred to in this section or in order to discharge its
obligations under the State Environmental Quality Review Act (SEQRA).
(5)
Decommissioning, removal and security.
[Added 4-3-2018 by L.L.
No. 3-2018]
(a)
Decommissioning and removal plan. To ensure the proper removal
of the solar energy system, a decommissioning plan shall be submitted
as part of the application. Compliance with the approved decommissioning
plan shall be a condition of a special permit authorized by the Planning
Board. The decommissioning plan shall specify that after the solar
energy system ceases operation for its intended purpose, the system
shall be removed by the applicant, owner/operator of the system or
property owner and by any subsequent owner/operator of the system
or property owner. The plan shall demonstrate how the removal of the
solar energy system and all related equipment and structures shall
be conducted and how the remediation and restoration of soil and vegetation
shall be conducted to return the property to substantially its condition
prior to construction. The plan shall include a time line for execution.
A cost estimate detailing the projected cost of executing the decommissioning
plan shall be prepared by a professional engineer or contractor. Cost
estimates shall take inflation into account. The decommissioning plan
shall state the time period within which the solar energy system shall
be removed and the property restored. Such time period shall be no
greater than 90 days after the solar energy system has ceased to be
used for its intended purpose for 12 consecutive months.
(b)
Decommissioning and removal security; removal by Town.
[1]
The applicant shall execute and file with the Town Clerk security
in a form acceptable to the Town and in an amount sufficient to pay
for the costs and expenses of removal and lawful disposal of the solar
energy system and related equipment and structures and of remediation
and restoration of the site. The amount is subject to approval by
the Planning Board's professional engineer and the Planning Board.
The security may be in the form of cash, letter of credit, another
instrument acceptable to the Town's attorney and the Town Board,
or a combination thereof. The security shall remain in full force
and effect until all solar energy system equipment, structures and
materials have been properly removed and lawfully disposed and site
remediation and restoration is complete.
[2]
The amount of the security shall be sufficient, during the first
five years of operation, to cover the costs to remove and lawfully
dispose of all equipment, structures and materials related to the
solar energy system; costs to remediate and restore the site; and
all fees, costs and expenses incurred by the Town to administer and
enforce the decommissioning process. Such amount shall be reevaluated
every five years thereafter and, if necessary, adjusted to reflect
prevailing costs and expenses.
[3]
If a solar energy system is not removed from the property as required and within the ninety-day time frame set forth in Subsection H(5)(a) above, then the Town, its employees, contractors and agents shall have the right, and shall be permitted by the property owner and the owner of the solar energy system, to enter upon the property and remove and dispose the solar energy system and related equipment and structures and remediate and restore the site, all to the extent deemed necessary or desirable by the Town Board. The Town may utilize the proceeds of the security filed with the Town to pay for all such costs and related fees and expenses.
[4]
If the amount of the security does not fully cover such costs,
fees and expenses ("costs") or if the Town cannot recover adequate
proceeds of the security without resorting to litigation, then the
owner and operator of the solar energy system and the property owner
shall be jointly and severally, and corporately and personally, liable
for the costs not recovered.
[5]
In addition to and not in lieu of any other remedies, all unpaid
costs shall be assessed and levied against and constitute a lien on
the real property until paid or otherwise satisfied and discharged
and shall be collected in the same manner and at the same time as
other Town real property taxes.
[6]
Equipment and parts maintenance. Any damaged or unused equipment
and parts shall be removed from the premises within 30 calendar days
or kept in a secured, designated storage area. Maintenance equipment,
spare parts and petroleum products shall be kept in a secured, designated
storage area.
(6)
Ownership changes. If the owner or operator of the solar energy system changes or the owner of the property changes, the special permit shall remain in effect, and all requirements of this § 199-21 and all conditions and requirements of the special permit shall be binding upon each succeeding owner and operator. However, a change in owner or operator shall not affect the decommissioning security, although a new owner may substitute other security in accordance with this section. A new owner or operator of the solar energy system shall immediately notify the Town Code Enforcement Officer of such change in ownership or operator.
[Added 4-3-2018 by L.L.
No. 3-2018]
(7)
Modifications. Any and all modifications, additions or deletions
to the solar energy system, whether structural or not, shall be subject
to prior site plan review and approval by the Planning Board, except
routine repairs and maintenance shall not be subject to Planning Board
review.
[Added 4-3-2018 by L.L.
No. 3-2018]