In addition to the provisions set forth in the
Schedule of Use Regulations,[2] the conditions set forth in the following supplemental regulations shall apply to specific uses. In all cases where this chapter requires special use permit approval, no building permit or certificate of occupancy shall be issued by the Building Inspector except by authorization from the Planning Board that all plans have been approved and that all conditions imposed by this article, and all general standards have been met (see also § 250-97B). Restrictions imposed by the definition of any item, as contained in Article VIII herein, shall also be construed as supplementary regulations to this chapter.
[2]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
The intent of these provisions is to protect
the public health, safety, and welfare by limiting conditions which
are obnoxious, offensive, or hazardous to neighboring property owners.
Uses established or maintained shall conform with standards contained
herein, unless excepted elsewhere in this chapter, for the continuance
of any certificate of occupancy or special use permit. Nothing herein
shall prevent a property owner from pursuing private nuisance remedies.
A.
Noise.
(1)
Sound levels shall be determined at the property line
of the lot from which the noise is emitted. Sound measurements shall
be accomplished through a sound-level meter having an A-weighted filter
and constructed in accordance with specifications of the American
National Standards Institute or currently accepted standard for the
measurement of sound.
(2)
No person, firm or corporation shall allow the emission
of sound which, as measured at the property lines, has a sound level
in excess of:
(3)
No person, firm or corporation shall allow the emission
of sound at the property line, at levels lower than the above subsection,
which is, by the type of frequent noise emitted, offensive or disruptive,
or in continual disharmony with the character of the surrounding residential
neighborhood. Nothing herein shall prevent, however, occasional noise
from residential or agricultural uses.
(4)
No internal combustion engine shall be operated at
any time without an adequate muffler designed and manufactured to
suppress exhaust noises to a minimum (see also other applicable local
laws of the Town of Clinton).
(5)
These noise regulations are meant to limit habitual,
long-term noise violations. The Zoning Administrator and the Zoning
Board of Appeals may exempt temporary or infrequent noises. The following
uses and activities shall also be exempt from the noise regulations:
(a)
Noises from agricultural operations on a farm
as defined herein.
(b)
Temporary construction noises between the hours
of 7:00 a.m. and 8:00 p.m.
(c)
Transient noises from moving sources, such as
automobiles, trucks, except those in commercial operations, and except
as otherwise restricted by the laws of the Town of Clinton.
(d)
Noises from safety signals, warning devices
and emergency pressure-relief valves.
(e)
The sound of bells or chimes from a church or
other place of worship.
B.
Smoke or particulate matter. Any emission of smoke
or particulate matter, from any source, shall comply with all local,
state and federal regulations.
C.
Glare and heat. No unreasonable glare or heat shall
be produced that is perceptible beyond the boundaries of the lot on
which such use is located. All exterior lighting, including security
lighting, in connection with all buildings, signs or other uses, shall
be directed away from adjoining streets and properties. Special efforts
shall be required, such as limiting hours of lighting or the planting
of vegetation and the installation of light shields, to alleviate
the impact of objectionable or offensive light and glare produced
by exterior sources on neighboring residential properties or public
thoroughfares. In particular, no use shall produce glare so as to
cause illumination beyond the property on which it is located in excess
of 0.5 footcandle.
D.
Electromagnetic interference. No land use or operation
shall be allowed which produces any perceptible electromagnetic interference
with normal radio or television reception outside the boundaries of
the lot on which such use or operation takes place; however, nothing
herein shall be construed to apply to occasional use of farm machinery
or shall be applied in any manner which is inconsistent with any state
or federal regulation relating to electromagnetic interference.
E.
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 building in which
the use is conducted.
F.
Radiation. No emission of radiation or discharge of radioactive gases, liquids or solids shall be permitted. The handling, storage or disposal of radioactive materials or waste by-products, whether or not licensed by the Atomic Energy 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," as amended, and in accordance with any other applicable laws or regulations.
G.
Vibration. No activity shall cause or create a steady
state or impact vibration discernible at any lot line.
H.
Liquid or solid wastes. The discharge of any or all
wastes shall be permitted only if in complete accordance with all
standards, laws, and regulations of the Dutchess County Department
of Health, New York State Department of Environmental Conservation
or any other regulatory agency having jurisdiction. Facilities for
the storage of solid waste from any commercial or industrial activity
shall be so located and designed as to be screened from the street
or from any adjoining property and so as to discourage the breeding
of rodents or insects.
I.
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 firefighting and fire suppression equipment and
devices standard in the industry. All applicable requirements of the
New York State Uniform Fire Prevention and Building Code, DEC regulations,
as well as the provisions of the National Fire Protective Association
(NFPA) Code, shall be observed.
J.
Odor. No person, firm or corporation, excluding farms
and agricultural operations, shall permit the emission of any offensive
odor at the property line of the lot from which the odor is emitted.
K.
Outside storage related to commercial or industrial
activities. Materials, supplies and products shall not be stored in
any required setback area. All permitted outside storage areas shall
be neatly kept, fenced, and screened from any existing or proposed
road or any adjoining residential property.
L.
Fences. The Planning Board may require the fencing
or screening, or both, of any hazardous or potentially dangerous conditions
which in the opinion of the Board might cause injury to persons or
damage to property. The Zoning Board of Appeals may require appropriate
fencing or screening as a condition to granting a variance.
M.
Procedure. Complaints under the above general performance
standards shall be made to the Zoning Administrator or other authorized
officer. The decisions of the Zoning Administrator are subject to
administrative review by the Zoning Board of Appeals.
A.
Intent. Accessory dwelling units are allowed in the
Town of Clinton in order to provide broader housing alternatives in
a manner which does not infringe upon the character of existing neighborhoods.
B.
General provisions. All accessory dwelling units,
within the principal structure or detached, shall meet the following
requirements:
(1)
Only one accessory unit is allowed per lot, and it
shall be clearly subordinate to the principal use on the lot.
(2)
The lot may not be an existing nonconforming lot of
less than the prescribed lot area or lot width required in the district.
(3)
No accessory unit shall be created on a lot where
two or more dwellings exist in violation of the permitted density,
or as a nonconforming use, in the district in which the lot is located.
No accessory unit shall be created on a lot where a two-family or
multifamily dwelling exists.
(4)
The owner of the single-family dwelling unit shall
occupy at least one of the dwelling units.
(5)
The number of bedrooms in the unit shall not be more
than two.
(6)
The accessory unit shall contain no greater than 35% of the total habitable space of the existing principal structure prior to the construction of such accessory apartment or 1,000 square feet of floor space, whichever is more restrictive. The floor space of the accessory unit shall be a minimum of 400 square feet. The area of the principal dwelling unit shall not be reduced below the area required herein (see § 250-48, Dwelling standards). "Habitable space" shall be that as defined in the NYS Uniform Fire Prevention and Building Code. If the accessory unit is larger than this size limitation and is within the principal structure, then the building is a two-family dwelling unit, and must conform to the conditions for that special use permit, including the acreage requirement. If the accessory unit is larger than this size limitation and is in a detached structure, then the new dwelling unit is a separate single-family dwelling unit, and subdivision must take place in accordance with the provisions of this chapter and Chapter 206, Subdivision of Land.[1]
(7)
The unit shall be self-contained, with separate cooking,
sleeping, and sanitary facilities for use by the occupant(s).
(8)
The unit must have safe and proper means of entrance.
Any additional exterior entrances which may be created shall be located
at the side or rear of the structure.
(9)
No special use permit for an accessory unit shall
be granted unless the applicant can demonstrate that the water supply
and sewage disposal systems serving the building or buildings in question
meet current County Health Department requirements and shall continue
to meet such requirements. The Planning Board may require that the
applicant have sufficient lot area to allow for future replacement
of the septic system.[2]
(10)
Stairways leading to any floor or story above
the first floor shall be located within the walls of the building
wherever practical. Stairways and fire escapes shall be located on
the rear wall in preference to either side wall. In no instance shall
an exterior stairway or fire escape be located on any wall fronting
the street.
(11)
Any legally established accessory unit that is in existence at the time of the adoption of this chapter and which fails to conform to one or more provisions of this chapter shall be subject to the provisions of Article VI, Nonconforming Uses. Any illegally established accessory unit in existence at the time of the adoption of this chapter and which fails to conform to one or more provisions of this chapter shall be in violation of this chapter and shall be brought into compliance with this chapter.
C.
Accessory dwelling unit within principal structure. In addition to the provisions specified in Subsection B above, accessory dwelling units within or attached to a principal structure shall meet the following requirements:
(1)
The total acreage required for the single-family dwelling with the accessory dwelling unit within the principal structure is the same as the acreage required for a single-family dwelling unit in the district in which it is located, except as may be required by Subsection B(9) above.
(2)
No accessory dwelling unit within a principal structure shall be allowed in buildings issued a certificate of occupancy after the effective date of this chapter, except buildings covered by § 250-92E.
(3)
No addition to create an accessory dwelling unit within a principal structure shall be permitted unless such addition conforms to all area and bulk regulations [except as specified in Subsection C(1) above] as specified in the District Schedule of Area and Bulk Regulations included at the end of this chapter.
D.
Accessory dwelling unit in existing gatehouse, garage, barn, or similar detached structure. An accessory dwelling unit is allowed under this subsection in a gatehouse, garage, barn or similar detached structure which may legally exist at the time the accessory dwelling unit is proposed. For the purpose of this section, any structure which does not have at least one wall in common with the principal structure is a detached structure. A common roof, patio, porch or breezeway shall not be construed as causing such an accessory structure to be within the principal building. In addition to the provisions in Subsection B above, accessory dwelling units in detached structures shall meet the following requirements:
(1)
The accessory structure must meet the minimum setback
requirements established for the construction of a principal structure
in the zoning district as prescribed in the Schedule of Area and Bulk
Regulations.[3]
[3]
Editor's Note: The Schedule of Area and Bulk Regulations is included at the end of this chapter.
(2)
Construction associated with adaptation of buildings
should be performed in a way that retains the character of the structure.
The design and construction of the adaptation of the building shall
be compatible with the principal structure and with the character
of the neighborhood.
(3)
The total acreage required for the single-family dwelling
unit with the detached accessory dwelling unit shall be twice the
acreage required for a single-family dwelling in the district in which
it is located.
(4)
The applicant shall acknowledge in writing to the
Planning Board of the Town of Clinton, with a copy to be filed with
the Zoning Administrator, the understanding that should subdivision
of the parcel later be proposed, not less than the minimum specified
acreages must be provided for the principal dwelling and its accessory
unit, if their certificates of occupancy are to be maintained.
E.
Accessory dwelling unit in nonresidential building.
(1)
The unit shall not exceed 50% of the total usable
floor area of the commercial building.
(2)
The unit is limited to the second floor and/or to
the rear of the first floor of the commercial building.
(3)
The total acreage required for the commercial building
with the accessory dwelling unit within the principal structure is
the same as the acreage required for the commercial use in the district
in which it is located.
(4)
In no case will accessory units be allowed in the
same building as any use which involves the use of noxious or dangerous
chemicals, gases or other hazardous substances and materials. The
Planning Board may deny a special use permit application if it determines
that the primary business use may create a hazard for the accessory
residential use.[4]
The Planning Board shall consider the impact
of proposed accessory uses as part of site plan review and special
use permit application. The Planning Board shall require conditions
for an accessory use as would be required under this chapter for the
same use as a principal use. The Planning Board shall not allow as
an accessory use any use not permitted as a principal or accessory
use under this chapter in the district in which the proposed use is
located.
A.
Intent. The Town of Clinton seeks to make needed alternate
care facilities available and conveniently accessible without unduly
disrupting the economic or social balance of the community or unduly
impacting its infrastructure and ability to provide services.
B.
General provisions.
(1)
The Community Environment Standards adopted in a Statement
of Principle by the State Department of Mental Hygiene and the State
Board of Social Welfare state that: "A concentration of residents
in a single neighborhood would be detrimental not only to the community,
but to the clients of the facility as well." To avoid a negative impact
on the neighborhood as well as the residents of the alternate care
facilities, the Planning Board's special use permit approval authority
shall be limited to not more than one such facility within a one-mile
radius.
(2)
The intended use shall be reasonably accommodated
by existing community infrastructure and services.
(3)
The site plan shall be reviewed for adequacy of active
and passive outdoor recreational facilities for the clients.
(4)
Any special use permit approval granted under this
section is additionally subject to the licensing procedures and approvals
of all appropriate state, county and regional agencies. A certificate
of occupancy shall not be issued by the Building Inspector until a
copy of all such approvals has been reviewed by the Planning Board.
(5)
Any increase in the resident population, change in type of population, and/or any expansion of the facilities shall require application to the Planning Board for consideration of a new or amended special use permit and shall require either approval of a site plan, or the re-examination of the existing site plan, by the Planning Board. In reviewing an application for an increase in the resident population, change in type of population, and/or any expansion of the facilities, the Planning Board shall consider the criteria specified in § 250-96 (Site plans) and § 250-97 (Special use permits), and whether there would be any significant additional adverse impacts to the surrounding neighborhood if the application is granted. A nonconforming alternative care facility shall only be permitted to expand its resident population to an amount not exceeding 50% of the resident population that existed on the effective date of this chapter.
[Amended 2-14-2023 by L.L. No. 1-2023, effective 2-21-2023]
(6)
This section shall apply to any alternate care facility that is permitted by special use permit in the underlying zoning district or that is a nonconforming use. Any alternate care facility that is a nonconforming use which is granted a special use permit or amended special use permit and receives approval of two either a site plan or an amended site plan, shall be deemed to be in compliance with § 250-80 and § 250-81A.
[Added 2-14-2023 by L.L. No. 1-2023, effective 2-21-2023]
C.
Application requirements. The application shall be
accompanied by a community impact statement providing, at a minimum,
the following information for consideration by the Planning Board
in its review of the special use permit application:
(1)
Specific classification or type of facility.
(2)
Names of the regulatory agencies from whom permits,
licenses or approvals are required and designation of a contact person
at each.
(3)
General description of client disability.
(4)
Documentation of the need for the proposed program
and/or facility.
(5)
Identification of who is responsible for the financial
support of the clients.
(6)
Copies of all pertinent correspondence and/or approvals
between the applicant and the regulatory agencies.
(7)
Number of clients, both current and projected.
(8)
Type of employment, if any, clients will seek within
the community.
(9)
Description of the plan to integrate the clients into
the community socially and economically.
(10)
Number of staff employees residing on the premises,
including projection of the number of school-age children who may
be residing on the premises as part of staff members' families.
(11)
Number of nonresident staff employees.
(12)
Which community facilities and services clients
will use within the community; i.e., police and fire protection, ambulance
services, sewers, water, utilities, refuse collection, postal service,
recreational facilities, etc.; how they will be provided.
(13)
Transportation plan describing how transportation
will be provided.
(14)
Description of planning on-site active and passive
recreational activities.
(15)
How health-related needs will be provided.
(16)
Whether any clients will become the education
responsibility of the local school districts.
(17)
Local and county real property taxes for which
the facility will be responsible; state how much revenue would be
provided to the Town, county and the school district based on current
real property tax and equalization rates.
(18)
Provide a map indicating by location and maximum
resident/client population all other health-related and alternate
care facilities within a radius of one mile of the facility.
The purpose of the animal husbandry section
of this chapter shall be to provide opportunities for animal husbandry
and to encourage 4-H projects on residential parcels in a manner which
will not conflict with neighboring nonagricultural residential uses
or other purposes of this chapter.
A.
General.
(1)
All animal husbandry activities shall be conducted
in accordance with the "Best Management Practices for Agriculture"
guidelines as set forth by the Dutchess County Soil and Water Conservation
District, and agricultural management practices recommended by Cornell
Cooperative Extension to the extent permitted by this chapter.
(2)
Manure storage shall be covered or contained in a
structure to prevent leaching when within 200 feet of any public water
supply, lake, state-regulated wetland or neighbor's residence.
(3)
All outdoor areas used by animals shall be enclosed
by fencing or other means sufficient to confine any animals or fowl
to the premises.
(4)
Animal husbandry is permitted on a minimum of three
acres.
B.
Horses, cows, sheep, goats.
(1)
A minimum of two acres shall be provided for the first
one such horse, pony, cow, or similar large animal which is kept,
grazed, fed or cared for on the property; an additional one acre shall
be provided for each additional large animal.
(2)
A minimum of one acre shall be provided for the first
one such sheep, goat, fallow deer or similar medium-sized animal which
is kept, grazed, fed or cared for on the property; an additional 1/3
acre shall be provided for each additional medium-sized animal.
(3)
No fenced area for such livestock shall be located
within 50 feet of a neighbor's residence. All area and bulk regulations
specified in the District Schedule of Area and Bulk Regulations[1] shall be observed.
[1]
Editor's Note: The Schedule of Area and Bulk Regulations is included at the end of this chapter.
C.
Pigs, poultry, and small animals.
(1)
A minimum of two acres shall be provided for the first
hog which is kept, grazed, fed or cared for on the property; an additional
one acre shall be provided for each additional hog, up to a maximum
acreage requirement of 50 acres.
(2)
A minimum of two acres shall be provided for each
25 adult or fully grown chickens, ducks, geese or other fowl or birds;
an additional one acre shall be provided for each additional 25 such
poultry, up to a maximum acreage requirement of 50 acres. For poultry
operations contained completely within buildings, the acreage requirements
contained in this subsection shall not apply.
(3)
No buildings or pens for the keeping of hogs or caged-type
poultry shall be located within 100 feet of any property line.
(4)
Buildings or pens for the keeping of animals for fur
production shall not be located within 200 feet of any property line.
D.
Agricultural districts. Nothing herein is intended
to unreasonably restrict land used in agricultural production in an
agricultural district, as defined by Article 25-AA, Agricultural Districts,
of the New York Agriculture and Markets Law.
A.
A bed-and-breakfast establishment shall be permitted
only as an accessory use of a single-family dwelling, and shall be
owner-occupied.
B.
Such establishments shall not exceed six guest bedrooms.
D.
The proprietor may serve meals to guests. A public
dining room, restaurant or bar is prohibited.
E.
A bed-and-breakfast establishment in a residential
district shall be limited to the principal dwelling unit and one accessory
building.
The following regulations apply to boarding
or rooming houses:
A.
A boarding or rooming house, as defined in Article VIII, may have no more than four rooms for rent and a total of no more than six residents in all rooms.
B.
One off-street parking space must be provided per
bedroom intended for residents' use. The portion of a driveway behind
the building line may be used in meeting this requirement.
C.
The renting of rooms shall not include the provision
of cooking facilities in rooms for residents.
D.
Such an establishment shall be permitted only as an
accessory use of a single-family dwelling, and shall be owner-occupied.
The storage of alcohol, gasoline, crude oil,
liquefied petroleum gas or any other highly flammable liquid shall
conform to all state and federal regulations and guidelines, as well
as the following provisions:
A.
Storage of such liquids in aboveground tanks in an
amount greater than 550 gallons shall be permitted only when such
tanks, up to and including 10,000 gallons' capacity, are placed not
less than 75 feet from all property lines and when tanks of more than
10,000 gallons' capacity are placed not less than 100 feet from all
property lines.
B.
No underground storage tanks shall be installed or
replaced for residential uses, unless such tanks, regardless of size,
comply with all Department of Environmental Conservation regulations
for tanks over 1,100 gallons.
C.
The Planning Board may require appropriate berming,
fencing, screening and landscaping for a safe and attractive installation.
Any aboveground bulk fuel storage having a capacity greater than 550
gallons shall be properly diked with earthen dikes having a capacity
of not less than 1 1/2 times the capacity of the tank(s) surrounded.
A.
Bus passenger shelters shall not exceed 50 square
feet.
B.
No shelter shall be located closer than 10 feet to
any lot line or road, which shall supersede the minimum yard requirements
listed in the District Schedule of Area and Bulk Regulations.[1]
[1]
Editor's Note: The Schedule of Area and Bulk Regulations is included at the end of this chapter.
The following regulations apply to camps:
A.
The minimum lot size of a camp shall be 10 acres.
B.
No camp shall be operated during the months of November
through March.
C.
No structure intended for dwelling purposes, including
tents, shall be closer than 200 feet to any property line or lake.
Said structure shall be screened from view from adjoining properties
or public highways by fences, walls, or trees and shrubs.
D.
Each camp shall have current approval of the Dutchess
County Health Department and meet other applicable regulations of
this chapter.
E.
No amplifiers or loudspeakers, of any type, shall
be installed outside of any building.
F.
No activity area or recreational facility shall be
closer than 250 feet to any residential property boundary.
A.
Camping trailers and motor homes located in a camping
trailer campground shall comply with all provisions of Town of Clinton
local laws and ordinances[1] and shall be subject to inspections by the Zoning Administrator,
the Building Inspector, or other official authorized by the Town Board,
and shall meet the following conditions:
(1)
No camping vehicle, as defined herein, of length greater
than 30 feet or width greater than eight feet shall be permitted in
a camping trailer campground;
(2)
No camping vehicle, as defined herein, of area greater
than 256 square feet in setup mode, measured along the exterior walls
at floor level, shall be permitted in a camping trailer campground.
The following regulations apply to cemeteries:
A.
No burial or memorial plots or buildings shall be
located closer than 25 feet to any front lot line or right-of-way
line, whichever is less restrictive.
B.
Burial or memorial plots shall not be located within
25 feet of any side or rear property line. During site plan review,
the Planning Board may require a planted buffer or other provision
for visual screening from adjacent residential properties.
C.
All burials shall be undertaken in strict accordance
with applicable regulations of the New York State Department of State
and the Department of Health.
Churches and other places of worship, as defined in Article VIII, shall be subject to a special use permit and site plan approval. The Planning Board shall consider the following conditions in addition to those specified in §§ 250-96, Site plans, and 250-97, Special use permits:
A.
A church or other place of worship shall be designed
to be compatible with the existing neighborhood character;
B.
The Planning Board shall have the authority to modify the height regulations of the district and § 250-20, Height exceptions, if it finds that a taller structure would be in keeping with the character of the neighborhood and churches or other places of worship in the area;
C.
The minimum lot size shall be five acres in the C
and AR5 Districts and three acres in the AR3, MR1, CR1, RH and H districts;
D.
Traditional accessory uses such as a parish house,
meeting rooms, kitchen facilities, and classrooms shall be considered
as part of the overall site plan. Any parsonage, manse or other dwelling
shall be subdivided from the church and meet all dwelling requirements
in the district in which it is located.
The following regulations apply to clubhouses:
A.
A hedge, fence or wall adequate for year-round screening
of the clubhouse may be required by the Planning Board.
B.
Any exterior lighting installed shall be designed
to avoid nuisance to adjacent residential districts.
C.
Specific plans for public address systems and/or lighting
for outdoor recreational facilities shall be submitted to and approved
by the Planning Board, including the specific hours of operation for
such facilities.
A.
Policy and authority. It is the policy of the Town,
as expressed in the Clinton Master Plan, to provide a variety of housing
options, preserve open space, and harmonize new development with the
traditional open, rural, wooded, agricultural, and hamlet landscapes
of the Town. To that end, the Town Board of the Town of Clinton, through
the adoption of this chapter, hereby adopts the provisions of § 278
of the Town Law of the Consolidated Laws of New York, and hereby grants
to the Planning Board the full authority set forth in that section
to modify applicable provisions of this chapter as they apply to a
specific plat, but only to the extent herein permitted, including
the authority to require an applicant to modify a plat in a manner
consistent with the purposes and criteria of this section. The regulations
contained in this section shall constitute the rules and regulations
required by § 278 of the Town Law, setting forth criteria
by which a cluster subdivision may be required.[1]
B.
Purposes. This provision encourages flexibility in
the design and development of land in order to promote the most appropriate
use of land, to facilitate the adequate and economical provision of
streets and utilities, and to preserve as permanent open space agricultural
land, important natural and cultural features, wildlife habitat, water
resources, ecological systems, and scenic areas for the benefit of
present and future residents.
(1)
A residential cluster development shall achieve the
following purposes:
(a)
Better protection of natural and scenic resources
identified in the Master Plan and this chapter than would be provided
by a conventional subdivision plan;
(b)
Compatibility with surrounding land uses and
the Town's traditional land use pattern in which small hamlets contrast
with open space and farmlands;
(c)
Provision of adequate buffers for adjoining
properties;
(d)
Contribution to Town-wide open space planning
by creating a system of permanently preserved open spaces, both within
large parcels of land and among such parcels throughout the Town,
providing linkages between existing open apace areas and, where appropriate,
linkages to hamlet areas;
(e)
Provision of a broader range of housing types
and potentially lower housing prices by reducing the length of roadways
and other critical infrastructure costs;
(f)
Preservation of land suitable for agriculture,
particularly where development involves or borders active agricultural
land or land with prime or important agricultural soils; and
(g)
Greater flexibility and creativity in the design
of residential subdivisions, provided that the overall density of
development is no greater than what is normally allowed in the district.
(2)
A cluster subdivision should accomplish the above
purposes by reducing the lot size and bulk requirements contained
in this chapter, while clustering homes in those areas where they
will have the least impact on natural or cultural features. The agricultural
lands, open space or sensitive areas are then permanently preserved
through the use of conservation easements. The cluster principle can
be applied not only to large development, but also to smaller subdivisions,
enabling the subdivided lots to be smaller than the zoning would normally
require, provided that compensating buildable land is placed under
open space conservation easement to maintain the overall density at
or below the level permitted by this chapter.
C.
Procedure.
(1)
Any residential cluster development shall be subject to § 250-96, Site plans, and Chapter 206, Subdivision of Land. It is in the best interest of the applicant and the Planning Board to determine the applicable development pattern at the earliest possible time. If a conceptual plan application meets any of the cluster preference criteria listed in Subsection C(2) below, the Planning Board may use its authority to permit or require a residential cluster development alternative. The Planning Board may require that the applicant submit land inventory information at the conceptual plan stage to assist in making such a judgment. The Planning Board may also hold a public hearing and may refer the conceptual plan application to the Conservation Advisory Committee following the procedure in § 250-99.
(2)
An applicant for any subdivision shall provide a conceptual
plan for a cluster subdivision on parcels 30 acres or larger in the
C, AR5 and AR3 Districts, or 10 acres or larger in the MR1, RH and
H Districts, or when some of the following objectives, in the judgment
of the Planning Board, are better accomplished by a cluster subdivision
as compared to a conventional subdivision with residential lots occupying
most of the tract:
(a)
Preservation of contiguous prime or statewide important agricultural soils, as defined in Article VIII;
(b)
Maintenance of active agricultural land;
(c)
Protection of the ground or surface water, wetlands,
steep slopes, floodplains or unique areas of natural, scenic or historical
significance;
(d)
Mitigation of significant environmental impacts
identified through application of the State Environmental Quality
Review Act (SEQRA) requirements;
(e)
Preservation of open space views identified
as important to the Town;
(f)
Reduction in the amount of new roads or driveways
obtaining access from existing roads;
(g)
Reduction in the amount of new road that may
be required to be dedicated to the Town;
(h)
Protection of Critical Environmental Areas designated
by the Town Board;
(i)
Accomplishment of specific goals set forth in
the Town's Master Plan.
(3)
An application for cluster development shall include all plans and materials required for a conventional subdivision. 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 conceptual plat for the lot-by-lot development of the site for single-family detached dwellings. Any regulations contained in this chapter which restrict the number of single-family dwelling units permitted shall also restrict the number of dwelling units permitted in a cluster proposal or requirement, including § 250-26, Land designated as freshwater wetlands or under water. Lots shown on the conventional conceptual 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 Chapter 206, Subdivision of Land, for the provision of streets and other required facilities and improvements.
D.
Standards.
(1)
Where the cluster development results in the creation
of individual lots for the development of single-family detached dwellings,
the minimum lot area per dwelling unit that may be created within
a cluster development shall be 1/2 acre.
(2)
All dwelling units within a cluster development shall
be owner-occupied units. Wherever common property is approved as part
of the cluster proposal, a homeowners' association agreement will
be established under New York State law.
(3)
While attached or detached dwelling units are permissible
within a cluster development, no individual structure shall contain
more than four attached dwelling units in the C, AR5 and AR3 Districts,
or more than six attached dwelling units in the MR1, CR1, RH and H
Districts.
(4)
Common driveway access may be provided to the extent
considered practical by the Planning Board. A pedestrian circulation
and/or trail system shall be designed and installed sufficient for
the needs of residents.
(5)
Maximum structure height within a cluster development
shall be restricted to 35 feet.
(6)
The minimum separation distance between individual
residential structures within a cluster development shall be 50 feet
in the C, AR3 and AR5 Districts, and 25 feet in the MR1, CR1, RH and
H Districts.
(7)
The minimum front yard setback from the center line
of a public roadway shall be no less than the normally applicable
setback requirement in the district in which the property is located.
Any other area and bulk regulations shall be determined by the Planning
Board in the site plan review process.
(8)
Water supply and sewage disposal facilities shall
be designed by a licensed engineer for any such residential cluster
development in accordance with the requirements of the Town of Clinton
and the Dutchess County Health Department. Underground facilities
may be located in areas to be set aside as permanent open space.
(9)
Common open space totaling not less than 60% of the
total cluster development site in the C and AR5 Districts, or 40%
of the total cluster development site in the AR3, MR1, CR1, RH and
H Districts, shall be provided in perpetuity as part of the cluster
development. A plan for maintenance or landscaping of the common open
space area shall be reviewed and approved by the Planning Board. No
portion of this minimum required open space shall be utilized for
roads, driveways, utility structures, or similar features.
(10)
Open space land may be owned in common by a
homeowners' association, held in private ownership subject to a permanent
conservation easement or dedicated to the Town if such agreement is
approved by the Town Board. If owned by a homeowners' association,
the common open space land shall be protected by conservation easement
from future subdivision and development. The Planning Board shall
assure that proper provision has been made for ownership and maintenance
of open space land, roadways and other improvements. Ownership shall
be structured in such a manner that real property taxing authorities
may satisfy property tax claims against the open space lands by proceeding
against all individual owners in the homeowners' association and the
dwelling units they each own. Ongoing maintenance standards shall
be established, enforceable by the Town against an owner of open space
land as a condition of subdivision approval, to assure that the open
space land does not detract from the character of the neighborhood.
Maintenance standards may include the obligation to mow open fields
to maintain their scenic character or agricultural potential.
(11)
A perpetual conservation easement leaving the open space land forever wild or limiting use of such land to agricultural, managed forest land, passive recreational or open space use, or to the residential use specified as part of the plan, and prohibiting institutional, industrial or commercial use of such open space land, pursuant to § 247 of the General Municipal Law and/or §§ 49-0301 through 49-0311 of the Environmental Conservation Law, may be granted to the Town, with the approval of the Town Board, or to a qualified not-for-profit conservation organization acceptable to the Planning Board. Such conservation easement shall be reviewed and approved by the Planning Board and shall be required as a condition of plat approval under Chapter 206, Subdivision of Land. The conservation easement shall not be amendable to permit commercial, industrial, institutional or further residential development, and shall be recorded in the Dutchess County Clerk's office simultaneously with the filing of an approved cluster subdivision plat.
(12)
The open space land shall be shown on the plat map and shall be labeled in a manner to indicate that such land is not to be further subdivided for building lots and is permanently reserved for open space purposes. Residential structures and buildings accessory to noncommercial recreation, conservation, or agriculture may be erected on this land, subject to the cluster development plan and § 250-96, Site plans.
E.
Partial subdivisions. This subsection allows for the
partial subdivision of a parcel that would otherwise meet the purposes
and requirements of a cluster development to accommodate landowners
who may not wish to subdivide the entire property at the time of application.
(1)
If the Planning Board determines that a residential
cluster development is to be considered or shall be required for a
given parcel, based on the purposes and objectives of this section,
any partial subdivision which does not develop the maximum allowable
number of lots on this parcel shall only be approved in accordance
with an overall cluster plan for the entire parcel that meets all
the requirements of this section.
(2)
Before any such partial subdivision is approved, the
applicant shall demonstrate to the satisfaction of the Planning Board
that the overall cluster plan is physically possible, the best layout
for achieving the purposes of this section, and will indeed be followed
in any subsequent development phase or by any subsequent owner.
F.
Siting guidelines. In the clustered development, the
lots shall be laid out so that dwelling units will be located in a
manner consistent with the purposes of this section. The following
guidelines (listed in order of general priority) are to be applied,
when applicable, on a case-by-case basis by the Planning Board with
lots to be laid out:
(1)
On the least fertile soils for agricultural uses,
and in a manner which maximizes the usable area remaining for such
agricultural uses;
(2)
Within any woodland contained in the parcel, or along
the far edges of the open fields (to reduce impact upon agriculture,
to provide summer shade and shelter from winter wind, and to enable
new construction to be visually absorbed by natural landscape features);
(3)
To provide permanent protection for significant natural
or cultural features identified on the site;
(4)
So as to minimize the number of driveways with access
to existing roads;
(5)
In such a manner that the common boundary between
the new houselots and any active farmland is minimized in length (to
reduce potential conflict situations);
(6)
In locations least likely to block or interrupt scenic
vistas, as seen from the public roadway(s) or other public vantage
points;
(7)
In locations where the greatest number of units could
be designed to take maximum advantage of solar heating opportunities;
and
(9)
In cluster developments exceeding 20 dwelling units,
the Planning Board shall consider the layout of smaller groupings,
each having some open space immediately surrounding it, so that large
concentrations of units with little or no differentiation can be avoided,
and so that cluster development will be more compatible with the neighborhood
in which it is located.
[Amended 3-28-2000 by L.L. No. 1-2000]
A.
Communications antennas or towers shall be set back
from any property line and/or principal building a distance equal
to 1 1/2 times the height of the antenna.
B.
Communications antennas or towers shall not cause
interference with local radio or television reception and shall not
endanger neighboring property or the public.
C.
No site plan shall be approved for any communications
antenna or tower that would allow the creation of a hazard to aircraft.
Any plan approved may be so conditioned as to require the owner of
the antenna or tower to install, operate and maintain beacons, lights,
and/or markers as may be necessary and/or required by law for aircraft
safety or for safe airport operation.
D.
No communications antenna or tower shall be used for
or have placed upon it any type of sign except warning signs needed
for public safety.
E.
Antennas or towers shall be erected only to that height
necessary to accomplish the purpose they are to serve, and such height
shall not exceed 80 feet.
F.
A communications antenna or tower shall be permitted
only as an accessory use to a permitted principal use.
G.
Nothing herein shall be construed to conflict with
Federal Communications Commission (FCC) regulations, nor shall any
section be applied which is the sole regulatory authority of the FCC.
[Added 3-28-2000 by L.L. No. 1-2000]
A.
Purpose. The purpose of this section is to regulate
the location, design and use of commercial communications facilities
in the Town of Clinton in order to:
(1)
Protect the health, safety and general welfare of
residents of the Town of Clinton.
(2)
Preserve the historic rural character and irreplaceable
scenic qualities of the Town by regulating the location, design and
architectural treatment of commercial communications facilities in
order to minimize their visibility from places within the Town, avoid
intrusion into scenic vistas, avoid disruption of the natural and
built environment, and ensure harmony and compatibility with surrounding
land use patterns.
(3)
Minimize the undue proliferation, height and adverse
visual impact of communications towers throughout the community.
(4)
Meet the wireless communications needs of residents,
businesses and travelers within the Town of Clinton.
(5)
Encourage a streamlined approval process for facilities
and provide a procedural basis for timely review of requests to place,
construct, operate or modify facilities.
B.
Type of facilities to be regulated.
(1)
This section regulates the installation and/or use
of all commercial communications facilities, including, but not limited
to, cellular towers and antennas, accessory buildings and repeaters;
facilities for personal communications services (PCS); broadcast towers;
and structures maintained or constructed for the purposes of specialized
mobile radio services and paging services.
C.
Compliance with the State Environmental Quality Review
Act (SEQRA).
(1)
The Town Board designates the Planning Board of the
Town of Clinton as the reviewing body responsible to determine the
lead agency for applications made under this section.
(2)
The Planning Board and the applicant shall comply
with all provisions of SEQRA under Article 3 of the Environmental
Quality Review Act and its implementing regulations. An application
for a communications facility which conforms to the regulations of
this section and this chapter shall be an unlisted action unless otherwise
designated by SEQRA. Should any variance from these regulations be
requested, the application for a special use permit for the proposed
facility shall be considered a Type I action.[1]
D.
Standard approval process.
(1)
A special use permit shall be required for the installation
and/or use of all commercial communications facilities, as specified
in the Schedule of Use Regulations.[2] The duration of special use permits for installation and/or
use of commercial communications facilities shall be two years from
the date of issue, subject to renewal.[3]
[2]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
(2)
If an applicant for a special use permit proposes
a commercial communications facility which does not meet all requirements
of this chapter, including district, height, area and bulk regulations,
the Planning Board may, at its discretion and at any point in the
review process, suspend review of the application until necessary
variances are obtained.[4]
(3)
Any proposed user of commercial communications facilities
shall be an FCC-licensed provider of commercial communications services
and must acquire a special use permit whether or not it will install
or own the facilities.[5]
(4)
Any applicant who is not an FCC-licensed provider
of commercial communication services but who proposes to provide a
facility for use by an FCC-licensed carrier shall also acquire a special
use permit and shall meet the following requirements:[6]
(a)
When applying for a special use permit, the
proposed owner shall name one or more FCC-licensed carrier(s) which
will use the facility.
(b)
The proposed owner shall provide a written contract
between each such FCC-licensed carrier and the facility installer/owner
that each such FCC licensee will use the facility when installation
is complete.
(c)
No special use permit shall be granted to the
proposed owner for the installation or construction of a facility
until a special use permit has been granted to a proposed user.
(d)
Each FCC licensee which seeks to use the proposed facility shall have the responsibility of providing evidence of need for the proposed facility, as stated in Subsection D(5) below.
(e)
Any addition to the facility by the owner to
accommodate an additional user, including the addition of antennas
and accessory equipment, shall require an additional special use permit
to be acquired by the owner.
(5)
Evidence of need for the proposed facility at the
proposed location.
(a)
Any FCC-licensed carrier which is applying for
a special use permit to use any existing or proposed facilities shall
provide clear and convincing evidence that the proposed facility is
needed to provide adequate coverage and capacity (as defined in this
chapter) for licensed communications services which the applicant
is unable to provide with existing or other planned facilities. This
evidence shall include materials such as radiation propagation studies
and coverage maps along with all assumptions, technical parameters,
map scales and other data needed for a complete understanding and
independent evaluation of the information presented.[7]
(b)
The applicant shall state its signal strength
and primary coverage objectives in the Town, the specific areas, highways
and population centers it wishes to cover, and the signal strength,
coverage and grade of service currently existing within those areas.
(c)
The applicant shall provide evidence that any
facilities within a four-mile radius of the proposed facility, which
the applicant currently uses or for which the applicant has an application
pending, cannot provide adequate coverage and capacity to locations
in the Town of Clinton in place of the proposed facility.
(d)
The applicant shall provide evidence that the
proposed height and spatial dimensions of the facility are the minimum
necessary to provide adequate coverage and capacity to locations in
the Town of Clinton which the applicant is unable to serve with existing
facilities and/or facilities of a tower height and/or smaller spatial
dimensions; and
(e)
The applicant shall demonstrate that a conscientious
effort has been made to site communications facilities on or within
existing tall structures such as utility poles or towers, silos, buildings,
church steeples, etc. before approval will be granted to construct
a new tower. As evidence of this effort, the applicant shall provide
an inventory of all existing structures within a four-mile radius
of the proposed location that are at least 50 feet high, along with
a map showing the exact location of each structure. The inventory
shall include an analysis of the availability and suitability of the
structures for use by the applicant instead of a proposed new tower.
The Planning Board may require the applicant to provide additional
information, such as ground elevation, height and radial plots, for
one or more of these existing structures in order to evaluate their
suitability as alternate sites for the proposed facility.
(6)
Location of facilities.
(a)
All of the commercial communication facilities
which are covered by one special use permit, including towers, equipment
shelters and accessory buildings, shall be located on one lot and
shall meet the area and bulk regulations of the district where located.[8]
(b)
Applicants proposing to locate facilities within the Ridgeline, Scenic and Historic Protection Overlay District must meet all requirements listed in § 250-15.
(c)
In the following locations, new commercial communications
structures, such as towers, shall be prohibited and commercial communications
facilities shall be restricted to antennas or repeaters on existing
structures such as buildings, telephone poles or church steeples,
along with necessary accessory buildings:
[1]
Inside or within 500 feet of any of the hamlets/residential
hamlets included on the Town Zoning District Map; and/or
[2]
Inside or within 500 feet of a Medium Density
Residential (MR1) District; and/or
[3]
Inside or within 500 feet of a Clustered Residential
(CR1) District;
[4]
Inside or within 500 feet of a Critical Environmental
Area (CEA).
(d)
Location of new commercial communications structures,
such as towers, on wooded sites with tall, mature trees shall be encouraged.
Location on cleared sites or sites with small or immature trees shall
be discouraged.
(7)
Collocation.
(a)
New communications structures, such as towers,
and their accessory buildings, shall be of a type and design which
will allow collocation.
(b)
Applicants who seek a special use permit for
the installation and/or use of a new commercial communications structure
or who wish to locate facilities on an existing structure shall agree
in writing to accept collocation by other carriers on the same structure,
so long as:[9]
(c)
Collocation on an existing structure is required
unless:
[1]
There are no usable existing structures in the
service area; or
[2]
The applicant is unable to secure permission
from existing structure owner(s) or landowner(s); or
[3]
Collocation at existing sites does not achieve
the minimum reasonable technical needs of the proposed facility; or
[4]
Structural or engineering limitations of the
existing structure(s) prohibit collocation.
(8)
Height.
(a)
The total height of any structure or accessory
elements attached to any structure shall be measured from the natural
ground level to the top of the structure or the top of the uppermost
accessory affixed to the structure, whichever is higher.
(b)
New towers or other supporting structures, including masts, antennas and other accessory facilities, shall not exceed the minimum height necessary to provide adequate coverage and capacity (as defined by this chapter) for the FCC-licensed carrier which proposes to use the facility. In cleared areas where there are fewer than 20 trees within 100 feet surrounding the proposed location, these structures shall not exceed 80 feet above the natural ground. If there are at least 20 trees within 100 feet surrounding the proposed location, the total height of the proposed facility shall be limited to 25 feet above the average tree canopy, or 100 feet, whichever is lower. New towers proposed for locations within the Ridgeline, Scenic and Historic Protection Overlay District shall not exceed the height limitations for that district, as set forth in § 250-15 of this chapter.
(c)
Applicants may be required to achieve coverage objectives by using multiple existing or new tower structures rather than new, taller structures, which shall not exceed the height limitations in Subsection D(8)(b) above.
(d)
Antennas mounted on electric utility towers,
buildings or other existing structures shall not exceed the height
of the existing tower or structure by more than 15 feet nor result
in a total height greater than 100 feet.
(9)
It shall be the responsibility of the holder of the
special use permit to inform the Town of Clinton of any change in
or termination of contractual agreements which affect the special
use permit within 30 days of such change. Any material change in the
conditions under which a special use permit was granted shall result
in the immediate termination of the special use permit unless agreement
has been obtained from the Planning Board prior to the change. These
material changes include but are not limited to:[10]
(a)
Changes in supporting structures (such as towers),
accessory buildings or access roads. A change in ownership of the
facility or the property on which the facility is installed shall
require notification to the Zoning Administrator by the holder of
the special use permit but will not terminate the special use permit.
(b)
Cessation of use by the FCC-licensed carrier
which has a special use permit for use of the facility.
(c)
A change in the FCC-licensed user of the specially
permitted facility. Nothing herein shall prohibit another FCC-licensed
carrier from using the facility so long as that carrier provides evidence
of need to use that facility and acquires a special use permit under
this chapter.
(d)
Loss of the user's FCC license to provide commercial
communications services within the Town of Clinton.
(e)
Violation of this chapter, on or with regard
to the facility by the holder(s) of the special use permit or the
owner of the land on which the facility is installed.
(10)
Installation of communications facilities on
existing structures.
(a)
The Planning Board may allow increases up to
20 feet in the height of the existing structure, so long as the total
height will be no more than 100 feet, if this modification:
[1]
Will aid in the camouflage of communications
facilities by allowing them to be hidden inside roofs, steeples or
other portions of the existing structure; and
[2]
Is compatible with the appearance of the existing
structure and surrounding structures and environment; and
[3]
Will not compromise the structural integrity
of the existing structure and will not increase threat to safety from
fire, wind or other adverse occurrence, and this is certified by a
licensed engineer.
(b)
No other modification of the existing structure
except that which is necessary for the addition and/or camouflage
of antennas and accessory structures shall be permitted, except as
deemed necessary by the Planning Board. This restriction is not intended
to prohibit modifications which are required for maintenance and/or
repair of the existing structure.
(11)
Design of new towers.
(a)
Tower designs shall be the least obtrusive and
the most appropriate to the proposed site, as determined by the Planning
Board. Use of structures made from natural materials, such as laminated
wood poles, and antenna panels that mount directly to the pole rather
than on platforms, shall be encouraged. The use of designs which require
guy wires to support a tower shall be discouraged. If requested by
the Planning Board, applicants shall submit alternatives to any design
proposed for the purpose of determining minimum necessary height and
spatial dimensions and/or compatibility with nearby structures or
landscape.
(b)
Towers shall be designed and constructed in
a manner which will accommodate future sharing, and applicant shall
provide a written statement that collocation on the tower will be
permitted and the extent and dimensions thereof. The design and site
plan shall include fixture potential buildout to accommodate the number
of future potential collocators proposed.
(12)
Camouflage of commercial communications facilities.
(a)
The Planning Board may require communications
facilities, including new towers and antennas installed on existing
structures, to be camouflaged in order to make them compatible with
surrounding scenery and/or structures if, in its judgment, the location,
height and/or design of a proposed facility compromises the scenic,
historic or residential character of the Town. Such camouflage may
be required by the Planning Board at any location in the Town.
(b)
In particular, facilities located in or visible
from areas with scenic and/or historic importance to the Town or with
potential for higher residential density may require camouflage. These
include, but are not limited to, facilities located on lands which
are:
[1]
Five hundred feet or more above sea level; and/or
[2]
Within that portion of the Taconic State Parkway
viewshed which lies within the Town; and/or
[3]
Within or adjacent to one of the hamlets included
on the Town Zoning District Map; and/or
[4]
Within or adjacent to a Critical Environmental
Area (CEA);
[5]
Within or adjacent to districts designated as
clustered residential (CR1) or medium-density residential (MR1) on
the Town Zoning District Map;
[6]
Within view of an historic district or landmark.
(c)
Camouflage devices may include, but are not
limited to silos and church steeples with special roofs which allow
antennas to be hidden inside them, towers and antennas disguised as
flagpoles or artificial trees which are appropriate to the surrounding
wooded area; structures designed to appear as churches, with accessory
equipment and antennas installed within a single structure, and antennas
disguised as components of existing buildings.
(13)
Clustering. Clustering of towers and structures
on the same site may be considered if location cannot be facilitated.
However, clustering may be ruled out for a particular location if
the Planning Board judges that it will create or increase a negative
effect on the scenic, historic or residential character of the Town.
(14)
Yard setbacks.
(a)
New towers shall be set back at least two times
the height of the tower from all lot boundaries, or must comply with
other setback requirements listed in this chapter, whichever are more
restrictive.
(b)
New towers must be at least 500 feet from existing
habitable structures, or planned habitable structures for which a
Town of Clinton building permit has been issued.
(15)
Cleared area, buffer strip and landscaping requirements
for new towers. Unless otherwise specified by the Planning Board:
(a)
There shall be a cleared area surrounding any
new tower not to exceed 75 feet from the outer edge of the tower's
footprint.
(b)
A buffer strip composed of trees or other vegetation
shall be required to serve as a visual screen around the cleared area
and proposed freestanding facilities, unless the Planning Board determines
that the buffer strip will be detrimental to the aesthetics of the
site or neighboring parcels.
(c)
If a buffer strip is required by the Planning
Board, it shall contain or be planted with vegetation of sufficient
height, depth and density to completely screen the bottom of the tower
and any accessory buildings, as viewed from outside the buffer strip.
Vegetation in the buffer strip shall be maintained in a healthy state
or replaced as necessary.
(d)
The buffer strip shall be free of any man-made
structures, including fences and facilities, except for an access
road.
(16)
Accessory buildings.
(a)
Accessory buildings shall be the minimum size
necessary to meet the needs of the specific site.
(b)
If the accessory building is at a site which
can accommodate future collocators, the necessary structure design
and the site plan shall include future potential buildout to accommodate
the number of potential collocators proposed.
(c)
All buildings shall be used only for housing
of equipment related to that particular facility and site.
(d)
Buildings shall be similar in size, materials,
colors and design and shall be compatible with nearby structures and/or
vegetation, as judged by the Planning Board.
(17)
Alteration of facility or location. After specially
permitted facilities are installed, they shall not be altered with
regard to height, color, design or any other aspect without Planning
Board approval. If a facility is to be moved from one lot to another,
a new special use permit shall be required.[11]
(18)
Fencing. New towers and their accompanying accessory
buildings shall be enclosed by a fence and gated. When antennas are
installed on or within existing structures such as silos, the Planning
Board shall determine whether the existing structure and any accessory
structures will require fencing. The Planning Board shall approve
the height and design of the fence to ensure that it will be secure
and visually attractive and that accessory buildings and the lower
portion of the tower will be hidden when viewed from lots surrounding
the proposed site. If a new tower and accessory structures are camouflaged,
the Planning Board may waive this requirement if, in its judgment,
a fence is not required for the security of the facility.
(19)
Color. The finish of a new tower shall blend
with the sky and/or trees, as required by the Planning Board. Antennas
and supporting electrical and mechanical equipment shall be of a color
identical to or closely compatible with the color of the supporting
structure. Colors and materials of all exterior surfaces shall be
maintained in their original condition.
(20)
Noise. Steps shall be taken to minimize, to
the full extent possible, the amount of noise heard off-site from
all temporary or permanent power equipment. Generators shall include
hospital-grade mufflers.
(21)
Lighting or special painting.
(a)
No externally visible lighting of towers or
facilities shall be permitted, except manually operated emergency
lights for use only when operating personnel are on site.
(b)
The applicant shall submit, as part of the application,
a written statement regarding whether the proposed facility requires
lighting and/or special painting to meet the requirements of the FAA
or other authority, and if so, what type of lighting or special painting
would be required.
(c)
New structures that would be classified as an
obstruction or hazard or would require any special lighting or special
painting under FAA regulations (currently 14 CFR 21) shall not be
permitted.
(d)
If, after installation of the facility, the
FAA or any other government authority requires that lights be installed,
the owner of the facility must notify the Zoning Administrator at
least 60 days before any such lights are installed.
(22)
Electric power supply and telephone service
lines. All service lines to new towers and accompanying facilities
shall be installed underground from the existing power source.
(23)
Fuel tanks. All fuel tanks must be above ground
and protected against potential damage from vandalism or other adverse
occurrence.
(24)
Signs. One sign no greater than three square feet with the name of the facility owner/operator and a twenty-four-hour emergency telephone number, plus no-trespassing/warning signs no larger than 1 1/2 square feet, are permitted. Signs shall meet all requirements of § 250-70, Signs, of this chapter.
(25)
Access and parking.
(a)
A road and parking plan shall be provided to
ensure adequate emergency and service access and shall meet the requirements
of the Planning Board. Any driveway shall meet the requirements of
the Planning Board and the highway authority for the road on which
driveway fronts.
(b)
Maximum use of existing public and private roads
shall be made, consistent with safety and aesthetic considerations.
(c)
Road construction shall minimize ground and
vegetation disturbance. Road grades shall follow natural contours
to reduce soil erosion potential and to ensure that roads are aesthetically
compatible with the character of the surrounding area.
(d)
The Planning Board may require an erosion and
sedimentation control plan and may refer the site plan to the Town
Highway Superintendent, Building Inspector and/or the Town Engineer
for review.
(e)
Unpaved roads shall be considered unless conditions
require paving, as determined by the Planning Board, in consultation
with the appropriate authorities or consultants.
(26)
Maintenance, testing and inspection.
(a)
The original appearance of the exteriors of
all towers, accessory buildings and any other structures must be retained
through regular maintenance by the applicant.
(b)
Before commercial transmission begins, the applicant
shall acquire certification by a licensed professional engineer that
the facility will not exceed the maximum permissible exposure limits
for the level of electromagnetic radiation using standards in accordance
with FCC OET Bulletin Number 65.
(27)
Removal of facilities.
(a)
Towers and antennas shall be removed if the
owner's or user's special use permit for these facilities has expired
or been terminated or if the facilities are no longer being used by
the FCC licensee. Towers and antennas shall be removed if there is
not at least one operator with a valid special use permit using the
tower. Potential or planned future use of any facility for commercial
communications service is not sufficient to avoid the requirement
for removal.[12]
(b)
If the removal of towers and antennas is required,
accessory buildings and other structures shall also be removed unless:
(c)
Each applicant seeking a special use permit
for a commercial communications facility shall provide a written contract
with the Town of Clinton agreeing to be fully responsible for removal,
and indemnifying the Town for the costs of removal of antennas, accessory
buildings and supporting structures such as towers when removal is
required by this chapter.[13]
(d)
If a proposed commercial communications facility
will be owned by an entity other than an FCC-licensed carrier which
will use that facility, the carrier shall provide to the Planning
Board a copy of a contract between the facility owner and the FCC-licensed
carrier in which the owner agrees to remove the facility, including
any tower, antennas and accessory structures, and indemnify the Town
for all costs of such removal, when these facilities are no longer
being used by an FCC-licensed operator with a valid Town of Clinton
special use permit.[14]
(e)
A decision to require removal shall be the responsibility
of the Planning Board after consulting with the Zoning Administrator
and the Town Attorney. Removal shall occur within 90 days of the Planning
Board's decision to require removal unless the Planning Board has
agreed to an extension of that time. If not removed within the designated
period, the Town shall have the right to compel removal, with all
costs to be borne by the special use permit holder who owns and/or
previously used the facilities. Removal costs may also be recovered
from the owner of the tax parcel on which the facilities are located.[15]
(f)
When towers are removed, site reclamation shall
be completed, in conformance with the reclamation plan contained in
the original application and to the satisfaction of the Planning Board,
within 180 days of structure removal. Reclamation shall include landscaping,
removal of structures, utility lines and accessory structures, and
shall encompass the building site and buffer area controlled by the
facility owner.
(28)
Bonding. Before obtaining or renewing a special
use permit, the applicant shall provide financial surety in an amount
acceptable to the Town Board (in consultation with the Planning Board
and the Attorney for the Town) to ensure full and complete performance
of all conditions imposed by the Planning Board as a requirement of
the special use permit.[16]
(30)
Consultant fees. The Planning Board and/or Zoning
Board of Appeals may retain consultants to assist in reviewing the
application, its renewal, or an application for a variance related
to a pending application, with consultant fees to be paid by the applicant.
These consultants may include the Town Engineer, the Town's attorney,
one or more commercial communications facility consultants, or other
consultants as determined by the Planning Board and/or Zoning Board
of Appeals. At the beginning of the review process the Planning Board
may require the applicant to fund an escrow account from which the
Town may draw to ensure reimbursement of consultant fees. During review
of the application, the Planning Board may require the applicant to
add funds to the escrow account as the Planning Board deems necessary.
If the required funds are not added to the escrow account, review
of the application by the Planning Board shall be suspended until
such time, if any, as payment of said funds is made. Any remaining
funds in the escrow account after payment of all consultant fees will
be returned to the applicant.
(31)
Insurance. Facilities shall be insured by the
owner(s) of the towers and/or the antennas thereon against damage
to persons or property. The owner(s) of the towers and/or antennas
thereon shall provide annually to the Town Clerk a certificate of
insurance in the minimum amount of $1,000,000, or a higher amount
if required by the Planning Board in consultation with the Town Board,
in which the Town of Clinton shall be an additional named insured.
This insurance shall insure against damage or loss arising from all
structures, towers or antennas on the property.
(32)
Application requirements for commercial communications
facilities. In addition to other requirements and fees outlined in
this chapter and fee schedule, an applicant seeking a special use
permit for installation or use of a commercial communications facility
in the Town of Clinton shall also submit the following data and/or
take the following actions:[18]
(a)
Applicants proposing to locate facilities within a Ridgeline, Scenic and Historic Protection Overlay District must also meet all requirements of § 250-15 of this chapter regulating development in these protection overlay areas.
(b)
The applicant shall provide clear and convincing
evidence, such as radial maps and engineering studies, that:
[1]
The proposed facility is necessary to provide
licensed communications services to locations in the Town which the
applicant is unable to serve with existing or other planned facilities.
[2]
The proposed height and spatial dimensions of
the facility are the minimum necessary to provide licensed communications
services to locations in the Town which the applicant is unable to
serve with one or more existing facilities and/or one or more facilities
of a lower height and/or smaller spatial dimensions.
[3]
The visual, aesthetic and community character
intrusion impacts have been minimized to the maximum extent practicable.
[4]
The applicant has conducted a careful review
of alternative sites, technologies and design considerations which
include but are not limited to structure types and heights, materials,
color, multiple smaller structures versus one larger structure or
other design parameters as may be requested by the Planning Board.
[5]
Any proposed new structure has the ability to
handle the additional facilities of possible future collocators. The
maximum number of collocators which could be supported on the structure
must be identified.
(c)
The applicant shall provide:
[1]
A completed Town of Clinton application for
a commercial communications facility, a site plan, and any other requirements
of this chapter.
[3]
A completed SEQRA full environmental assessment
form (Parts I, II, and III) and such other SEQRA forms as may be required
by the Planning Board.
[4]
A written agreement with the owner(s) of the
structure and/or the real property to allow installation of the communications
facility.
[5]
Certification by a licensed engineer that the
design of any proposed new structure is sound and will pose no threat
to the surrounding population or property, and evidence of compliance
with applicable structural standards such as Electronics Industry
Association/Telecommunications Industry Association 222E (or current
equivalent).
[6]
Certification that proposed radio-frequency
emissions will comply with FCC standards and that the facility will
not cause interference with existing communications devices. This
radio-frequency emission certificate shall be prepared using the methods
and techniques prescribed in the most current edition of FCC OET Bulletin
No. 65 (or current equivalent) and must show all calculations, formulas
and assumptions used.
[7]
A five-year buildout plan for the proposed site
and other sites within the Town and within adjacent towns, which shows
the applicant's plans for other structures, proposed application and
building dates and justification for additional structures. Additionally,
the five-year buildout plan must take into consideration known and
potential changes in technology which may have an effect on the number,
design, and type of facilities needed in the near future. In keeping
with the buildout plan, the applicant shall also notify the Planning
Boards of all adjacent communities and the coordinator of the Dutchess
County Office of Emergency Response concerning the location and height
of the proposed facility.
[8]
An inventory of all tall structures within four
miles of the proposed location which are at least 50 feet high. The
inventory shall include an analysis of availability and suitability
of these structures for use by the applicant in place of the proposed
facility.
[9]
If a communications facility is proposed for
installation on an existing structure, an engineer's report that the
proposed use will not diminish existing structural integrity and public
safety.
[10]
A copy of the applicant's liability
insurance, which shall name the Town as an additional insured party.
[12]
A copy of FAA Form 7460-1, Notice
of Proposed Construction or Alteration (or current equivalent), if
required (with aeronautical study, if required), or a statement from
a recognized aeronautical consultant.
[13]
A copy of the federal environmental
impact statement, if required.
[14]
The number, size, type, materials,
manufacturer and model number, and location of antennas or other types
of transmitting devices, including but not limited to microwave dishes
or microwave panels, to be placed on the structure.
[15]
For a new tower, landscaping and
reclamation plans in the event of future structure removal. This plan
shall include provisions for site reclamation, landscaping, removal
of structures, utility lines, and accessory structures, and shall
cover the building site and buffer area controlled by the facility
owner.
[16]
A visual analysis, which shall
be presented to the Planning Board at a public hearing which has been
properly advertised. The methodology of the visual analysis shall
be approved by the Planning Board and may include drawings of the
proposed facilities superimposed on photographs or computer-generated
graphics depicting the proposed installation from a range of perspectives
and distances.
[17]
Additional information as requested
by the Planning Board, Zoning Administrator or the Town of Clinton
application for a commercial communication facility.
(33)
Renewal application requirements for commercial
communications facilities.
(a)
Special use permits shall be reviewed every
two years by the Zoning Administrator to determine whether the applicant
is in conformance with the conditions of the original approval and
has provided the information necessary for renewal. When the Zoning
Administrator confirms that these conditions have been met, renewal
of the special use permit shall be reviewed for approval by the Planning
Board.[21]
(b)
A renewal application shall include the following:
[2]
A current, updated buildout plan, if a five-year
buildout plan was originally required.
[3]
Proof of continued need for the facility, including
the original evidence for need which was reviewed by the Planning
Board, updated to reflect current conditions, plus any other new information
relevant to the applicant's need for the facility in order to provide
FCC-licensed commercial communications services to areas within the
Town of Clinton.
[4]
A copy of the current FCC license.
[5]
A current certificate of insurance in the minimum amount of $1,000,000 annually in which the Town of Clinton shall be an additional named insured [as in Subsection D(31) above].
[6]
A written agreement with the owner(s) of the
structure and/or the real property to allow the continued installation
and/or use of the communications facilities.
[7]
Certification that electromagnetic radio-frequency
emissions continue to meet FCC requirements.
(c)
A renewal application for a special use permit
must be submitted no less than 60 days prior to the expiration of
the permit. If the application is not submitted within such time,
the special use permit shall expire unless an extension is requested
from and granted by the Planning Board.[23]
(e)
During the renewal review process the Planning
Board may modify, add to or delete the previous conditions associated
with the approval of the special use permit, and may require a revised
site plan, based upon the circumstances existing at the time of the
renewal review process.[25]
(f)
Conforming to the renewal process and timing
requirements is the applicant's responsibility.
E.
[27]Streamlined approval process.
(1)
In order to encourage the appropriate location, collocation
and design of commercial communications facilities in the Town of
Clinton, applications which meet the criteria listed in this subsection
shall be given the benefit of a streamlined approval process.
(2)
Criteria.
(a)
Facilities must be located on or within existing
structures such as silos, buildings, church steeples, etc., or on
high-tension electric towers located within electric utility right-of-way
strips which pass through the Town; and
(b)
Facilities must not be located in Ridgeline,
Scenic and Historic Protection Overlay Areas unless the applicant
agrees to camouflage the facilities, such that, in the judgment of
the Planning Board, they are compatible with the surrounding scenery
and structures in the overlay areas; and
(c)
The applicant must agree to abide by all applicable
requirements of the standard approval process of this chapter pertaining
to commercial communications facilities, without a variance.
(3)
Streamlined application process.
(a)
The applicant may complete a short environmental
assessment form and visual EAF addendum instead of a SEQRA full environmental
assessment form (Parts I, II and III), unless otherwise required by
the Planning Board.
(b)
The applicant shall not be required to provide
a five-year buildout plan for the proposed site as specified above.
(c)
The applicant shall not be required to provide
an inventory of all tall structures within four miles of the proposed
location which are at least 50 feet high, as specified above.
(d)
The Planning Board may waive the visual analysis
or any part thereof, and rely instead on the visual representations
provided in the site plan.
[Amended 6-8-2021 by L.L. No. 4-2021, effective 6-17-2021]
A.
Intent. The intent of this section is to promote health and safety
and ensure compatibility with the neighborhood and general area where
conference centers are located and to minimize their impact on properties
and residents in the Town.
B.
Planning Board approvals. Any person or entity seeking to operate a conference center in a zoning district wherein such use is permitted must obtain site plan approval and a special use permit from the Planning Board in accordance with the procedure set forth in §§ 250-96 (Site plans) and 250-97 (Special use permits). In its sole discretion, the Planning Board is authorized to waive any of the requirements of this section based upon the characteristics of the application.
C.
Regulations. The following regulations apply to conference centers:
(1)
Frequency. The maximum number of events permitted per day at a conference
center shall be set by the Planning Board based upon a review of site
conditions at the conference center, including, but not limited to,
lot(s) size, the number and location of buildings and structures and
parking facilities.
(2)
Hours of operation. The hours of operation for conference centers
shall be 10:00 a.m. to 10:00 p.m. on Sunday through Thursday and 10:00
a.m. to 12:00 midnight on Friday and Saturday, except for overnight
guests and setup and clean up, provided all other provisions of the
Town Code are followed. Notwithstanding the above, the Planning Board
shall have the power to modify the hours of operation for a conference
center based upon the characteristics of the site and surrounding
neighborhood.
(3)
Lot size. The minimum lot size must be 25 acres, except where a golf
course is provided, in which case the minimum acreage shall be 60
acres.
(4)
Setback. No buildings or structures are permitted to be located within
200 feet of any neighboring lot line. The Planning Board may require
appropriate buffers between the conference center and adjoining lots
given the existing natural topography and vegetative cover.
(5)
Compliance with other laws. A structure used for an event must be
in compliance with the New York State Uniform Building Code, as amended,
and the provisions of the Town Code.
(6)
Parking/driveways. No parking for a conference center shall be located
less than 100 feet from a road and 200 feet from any neighboring lot
line. The parking area shall be adequately screened from neighboring
residences. No vehicles shall be permitted to park on accessways,
driveways or roads. If the Planning Board determines that the regulation
of traffic on roads shall be necessary, such regulation shall only
be done by law enforcement personnel. The cost of such traffic regulation
shall fully be paid for by the conference center. Driveways or accessways
shall be located at least 200 feet from any neighboring lot line which
separates the property of a conference center from an adjacent property
not owned by the owner of the conference center.
(7)
Number of attendees. The Planning Board shall determine the maximum
number of attendees allowed at any conference center, taking into
account the size and occupancy capacity of buildings and structures
that will be used for events, the proximity of buildings and structures
to adjoining residences, the size and location of parking facilities,
the potential for noise or other disruptions to the neighborhood,
and the safety of all persons.
(8)
Outdoor events. All outdoor events shall be contained within the
specific outdoor event area which is contained within the event area
determined by the Planning Board as specified on the approved site
plan. Tents and other temporary structures shall be located within
the approved outdoor event area as specified. The boundaries of the
outdoor event area shall not include parking areas and shall be located
at least 500 feet from any lot line which separates the property of
a conference center from an adjacent property not owned by the owner
of the conference center property.
(9)
Open space/historic building preservation. To the greatest extent
practical, existing open space and unique natural areas, such as farmland,
watercourses, wetlands, ponds, marshes, and steep slopes, should be
preserved. Significant or historic buildings should be preserved and
incorporated into the site plan wherever possible.
(10)
Noise/sound. All sources of amplified sound, including, but not limited to, music, performances, and spoken words, shall be contained entirely within the event area. The Planning Board may specify any further restrictions or conditions it deems appropriate relating to the use of amplified sound in order to reduce noise from traveling beyond the event area, including, but not limited to, prohibiting amplified sounds emanating from tents, pavilions, structures with open doors or windows, and other open or nonenclosed structures. Fireworks, firecrackers or other artificially generated loud noises are not permitted unless approved by the Town Board and a temporary permit is issued for the event in accordance with § 250-75 (Temporary permits). The conference center shall comply with the noise and sound regulations set forth in § 250-28A (Noise).
(11)
Food and beverage service. Food service, dining facilities,
lodging, recreational and other facilities shall be solely for attendees
of events held at the conference center and staff, and shall not be
open to the public. All dining facilities must be approved by the
Dutchess County Department of Behavioral and Community Health. Food
service and beverage providers shall hold and shall produce upon demand
all required permits and licenses as well as proof of insurance for
workers' compensation as required by law and comprehensive general
liability in the amount of at least $1,000,000 per claim/$2,000,000
in the aggregate, where the Town and its officers and employees are
listed as additional insureds. At least 30 days prior to an event
occurring, the owner or operator of the conference center must send
to the Zoning Administrator a copy of the permits, licenses and certificates
for such insurance for all such providers working at the conference
center, but such permits, licenses and certificates of insurance need
be sent only once per year for the same provider. The Town is not
responsible for verifying the validity of such permits, licenses or
certificates of insurance or for approving the qualifications of any
such provider.
(12)
Lodging facilities. Lodging rooms at the conference center,
if any, shall not contain kitchen facilities for cooking or dishwashing
and lodging facilities shall be for use of attendees at events and
employees of the conference center only. Nonevent attendees are not
permitted to utilize housing or lodging facilities and shall in no
event be permitted to utilize such facilities as overnight guests.
All lodging or housing facilities must be approved by the Dutchess
County Department of Behavioral and Community Health.
(13)
Inspections. A conference center shall be subject to annual
site inspections by the Zoning Administrator to determine compliance
with the terms of its special use permit and site plan as well as
the provisions of the Town Code.
(14)
Special use permit review. Any special use permit issued to a conference center under this section shall be reviewed by the Planning Board annually on or before the anniversary of the issuance of such special use permit. The Zoning Administrator shall issue a written report annually to the Planning Board regarding each conference center's compliance with the terms of the special use permit and the provisions of the Town Code, including, but not limited to, § 250-28. In the event the Zoning Administrator's written report indicates compliance violation(s), the Planning Board shall hold a public hearing to review the continuation of the special use permit. Within 90 days of the conclusion of the public hearing, the Planning Board shall issue a written determination which may amend or revoke the special use permit based upon the findings of its annual review.
(15)
Complaints. The Zoning Administrator shall immediately notify
a conference center of any complaints verified by the Zoning Administrator
regarding such conference center and may, in appropriate circumstances,
direct the conference center to cease and desist from conducting events
until a verified complaint has been addressed or remediated. The Zoning
Administrator may withhold the name(s) and identifying information
of the compliant(s) in accordance with the New York Freedom of Information
Law[1] or other applicable statutes.
[1]
Editor's Note: See Public Officer's Law § 85 et
seq.
(17)
Noncompliance. In the event of nonpayment of the annual fee, or other violations of the Town Code (including, without limitation, the failure to renew the special use permit on time), the Zoning Administrator is authorized to issue a stop order in accordance with § 250-89F (Issuance of stop orders), as amended, prohibiting further operation of the conference center.
(18)
Inconsistency. Whenever any sections of the Town Code are inconsistent
with the express provisions of this section, the express provisions
of this section shall govern, unless explicitly stated otherwise.
(19)
Other necessary approvals. The approval of the Dutchess County
Department of Behavioral and Community Health shall be required for
all lodging, food service and sanitary facilities, swimming pools
and public water supplied at the conference center.
(20)
Fire notification. No fewer than five business days prior to
an event with 50 or more attendees, the owner or operator of the conference
center shall notify the Chief of the Fire District within which the
conference center is located and the Zoning Administrator of the event.
Such notice shall include the street address of the conference center;
the name, telephone number and email address of the owner or operator;
the name, telephone number and email address of the person responsible
for overseeing the event; the date of the event; the start and stop
times of the event; the estimated number of persons attending the
event; and whether event attendees will be remaining at lodging or
housing facilities overnight.
(21)
Insurance. Conference centers shall maintain at all times comprehensive
general liability insurance with limits of at least $1,000,000 per
claim/$2,000,000 in the aggregate and shall annually and upon demand
from the Zoning Administrator provide to the Zoning Administrator
certificates of insurance evidencing the Town and its officers and
employees as additional insureds.
(24)
Horses and livestock. The keeping of horses or other livestock, if any, must comply with § 250-66.
(25)
The requirements of this section shall not apply to the following:
(a)
Events occurring at agricultural events venues which have been approved under the provisions of § 250-45.1 of the Town Code, Agricultural event venues;
(b)
Events which have received a permit under § 250-75A (Carnivals, fairs, circuses) of the Town Code;
(c)
Events held by a charitable organization for fund-raising purposes
by an established club or other organization solely for the benefit
of its members, by a church or other house of worship, or by a property
owner or tenant for the owner's or tenant's personal purposes, provided
no monetary or other compensation is paid to the owner or tenant for
the event; or
[Added 2-9-2021 by L.L.
No. 1-2021, effective 2-16-2021]
A.
Intent. The intent of this section is to promote health and safety
and ensure compatibility with the neighborhood and general area where
agricultural event venues are located and to minimize their impact
on properties and residents in the Town.
B.
Planning Board approvals. Any person or entity seeking to operate an agricultural event venue must obtain site plan approval and a special use permit from the Planning Board in accordance with the procedure set forth in §§ 250-96 (site plan) and 250-97 (special use permit). A farm in an Agricultural District shall be eligible to apply for site plan approval through the modified site plan approval process set forth in Subsection C below. In its sole discretion, the Planning Board is authorized to waive any of the requirements of this section based upon the characteristics of the application.
C.
Modified site plan. Applicants eligible to apply for Planning Board
approval through the modified site plan approval process must submit
the following material:
(1)
A sketch of the lot or lots which will be used as the agricultural
event venue on a location map (e.g., tax map) showing boundaries and
dimensions of the lot or lots involved and identifying contiguous
properties, roadways and any known easements or rights-of-way which
burden or benefit the lot or lots. Additionally, the sketch must show
the following:
(a)
The existing features of the lot or lots, including land, watercourses,
wetlands, water or sewer systems and the approximate location of all
existing structures (including buildings) on or immediately adjacent
to the lot or lots.
(b)
The proposed location and arrangement of the event area and
structures, including but not limited to buildings, tents, gazebos,
barns and parking.
(c)
The proposed uses on the lot or lots, including means of ingress
and egress, parking and circulation of traffic.
(d)
The proposed location and arrangement of specific land uses
on the lot or lots, such as pastures, crop fields, woodlands, livestock
containment areas, and manure storage/manure composting sites.
(2)
A sketch of any proposed buildings, structures, tents, gazebos,
barns or signs, including exterior dimensions and elevations of front,
side and rear views of each. Include copies of any available blueprints,
plans or drawings.
(3)
A description of the farm operation, including agri-tourism
occurring on the lot or lots (existing and/or proposed) and a narrative
of the intended use and/or location of proposed buildings, structures,
tents, gazebos, barns and signs, including information regarding anticipated
usage, frequency and types of events and any anticipated changes in
the existing topography and natural features of the lot or lots to
accommodate the changes.
(4)
Provide the name and address of the applicant and all owners
of the subject lot or lots. If the owners of the lot or lots are entities
other than a natural person, please provide the names and addresses
of the individual or individuals who are the owners or members of
the entity.
(5)
Provide the name and address of any professional advisors assisting
the applicant, including but not limited to authorized agents, attorneys
and engineers. If the applicant is not the owner of the lot or lots,
provide written authorization of the owner of the lot or lots.
(6)
If any new buildings, structures, tents, gazebos, barns or signs
are going to be located adjacent to a watercourse or wetland, provide
a copy of the floodplain map and wetland map that corresponds with
the boundaries of the lot or lots.
(7)
Submit the application fee set by resolution of the Town Board.
See Town of Clinton Fee Schedule.
D.
Regulations. The following regulations shall apply to agricultural
event venues:
(1)
Frequency. The maximum number of events permitted per day at
an agricultural event venue shall be set by the Planning Board based
upon a review of site conditions at the agricultural event venue,
including but not limited to lot(s) size, the number and location
of buildings and structures and parking facilities. No event shall
last longer than four days.
(2)
Lot size. The minimum size of the lot or lots for an agricultural
event venue shall be 10 acres. The Planning Board may permit the location
of an agricultural event venue on multiple lots, provided they are
contiguous and under common ownership or control, including but not
limited to pursuant to a written lease agreement of greater than one
year in duration.
(3)
Compliance with other laws. A structure used for an event must
be in compliance with the New York State Uniform Building Code, as
amended, and the provisions of the Town Code.
(4)
Parking/driveways. No parking for an agricultural event venue
shall be located less than 100 feet from a road and 200 feet from
any neighboring lot line which separates the property of an agricultural
event venue from an adjacent property not owned by the owner of the
agricultural event venue property. The parking area shall be adequately
screened from neighboring residences. No vehicles shall be permitted
to park on accessways, driveways or roads. If the Planning Board determines
that the regulation of traffic on roads shall be necessary, such regulation
shall only be done by law enforcement personnel. The cost of such
traffic regulation shall fully be paid for by the agricultural event
venue. Driveways or accessways shall be located at least 200 feet
from any neighboring lot line which separates the property of an agricultural
event venue from an adjacent property not owned by the owner of the
agricultural event venue property.
(5)
Number of attendees. The Planning Board shall determine the
maximum number of attendees allowed at any agricultural event venue,
taking into account the amount of crops or livestock produced on the
farm, the size and occupancy capacity of buildings and structures
located in the event area, the proximity of the event area to adjoining
residences, the size and location of parking facilities, the potential
for noise or other disruptions to the neighborhood, and the safety
of all persons.
(6)
Open space/historic building preservation. To the greatest extent
practical, existing open space and unique natural areas, such as farmland,
watercourses, wetlands, ponds, marshes, and steep slopes, should be
preserved. Significant or historic buildings should be preserved and
incorporated into the site plan wherever possible.
(7)
Lighting. Light sources (constant or intermittent) shall not be permitted to exceed 0.5 footcandle at any property line and shall otherwise comply with § 250-28C (Glare and heat), provided that light may be provided in excess of those limits at the public entrance to the agricultural event venue, and that such lights are illuminated only during events. The applicant shall submit an exterior lighting plan for the agricultural event venue designed to minimize any infiltration or impact of light on the neighborhood.
(8)
Noise/sound. All sources of amplified sound occurring as a result of the event, including but not limited to music, performances, and spoken words, shall be contained entirely within the event area. The Planning Board may specify any further restrictions or conditions it deems appropriate relating to the use of amplified sound in order to reduce noise from traveling beyond the event area, including but not limited to prohibiting amplified sounds emanating from tents, pavilions, structures with open doors or windows, and other open or nonenclosed structures. Fireworks, firecrackers or other artificially generated loud noises are not permitted unless approved by the Town Board and a temporary permit is issued for the event in accordance with § 250-75 (Temporary permits) of the Town Code. The agricultural event venue shall comply with the noise and sound regulations set forth in § 250-28A (Noise).
(9)
Food and beverage service. Food service, lodging, recreational
and other facilities shall be solely for use by event attendees and
staff, and shall not be open to the general public. Food service and
beverage providers shall hold and shall produce upon demand all required
permits and licenses as well as proof of insurance for workers compensation
as required by law and comprehensive general liability in the amount
of at least $1 million per claim/$2 million in the aggregate, where
the Town and its officers and employees are listed as additional insureds.
At least 30 days prior to an event occurring, the owner or operator
of the agricultural event venue must send to the Zoning Administrator
a copy of the permits, licenses and certificates for such insurance
for all such providers working at an event, but such permits, licenses
and certificates of insurance need be sent only once per year for
the same provider. The Town is not responsible for verifying the validity
of such permits, licenses or certificates of insurance or for approving
the qualifications of any such provider.
(10)
Lodging facilities. Lodging facilities at the agricultural event
venue, if any, shall not contain kitchen facilities for cooking or
dishwashing, and lodging facilities shall be for use of attendees
at events, vendors and employees of the agricultural event venue only.
(11)
Inspections. Any agricultural event venue shall be subject to
annual site inspections by the Zoning Administrator to determine compliance
with the terms of its special use permit and site plan as well as
the provisions of the Town Code.
(12)
Special use permit review. Any special use permit issued to an agricultural event venue under this section, and any special use permit issued to an existing dude ranch (as previously defined in the Town Code) prior to the effective date of this section, shall be reviewed by the Planning Board annually on or before the anniversary of the issuance of such special use permit. The Zoning Administrator shall issue a written report annually to the Planning Board regarding each agricultural event venue's compliance with the terms of the special use permit and the provisions of the Town Code, including but not limited to § 250-28. In the event the Zoning Administrator's written report indicates compliance violation(s), the Planning Board shall hold a public hearing to review the continuation of the special use permit. Within 90 days of the conclusion of the public hearing, the Planning Board shall issue a written determination which may amend or revoke the special use permit based upon the findings of its annual review.
(13)
Complaints. The Zoning Administrator shall immediately notify
an agricultural event venue of any complaints verified by the Zoning
Administrator regarding such agricultural event venue and may, in
appropriate circumstances, direct the agricultural event venue to
cease and desist from conducting events until a verified complaint
has been addressed or remediated. The Zoning Administrator may withhold
the name(s) and identifying information of the complaint(s) in accordance
with the New York Freedom of Information Law or other applicable statutes.
(14)
Fee. An annual fee, due at initial approval and then upon each
annual renewal of the special use permit, shall be paid to the Town
in an amount set by resolution of the Town Board. See Town of Clinton
Fee Schedule.
(15)
Noncompliance. In the event of nonpayment of the annual fee, or other violations of the Town Code (including without limitation the failure to renew the special use permit on time), the Zoning Administrator is authorized to issue a stop order in accordance with § 250-89F (Issuance of stop orders) of the Town Code, as amended, prohibiting further operation of the agricultural event venue.
(16)
Inconsistency. Whenever any sections of the Town Code are inconsistent
with the express provisions of this section, the express provisions
of this section shall govern, unless explicitly stated otherwise.
(17)
Other necessary approvals. The approval of the Dutchess County
Department of Behavioral and Community Health shall be required for
all lodging, food service and sanitary facilities, swimming pools
and public water supplied at the agricultural event venue.
(18)
Outdoor events. All outdoor events shall be contained within
the event area to be determined by the Planning Board and specified
on the approved site plan. Tents and other temporary structures shall
be located within the approved event area. The boundaries of the event
area, excluding parking areas, shall be located at least 500 feet
from any lot line which separates the property of an agricultural
event venue from an adjacent property not owned by the owner of the
agricultural event venue property.
(19)
Hours of operation. The Planning Board may, in its discretion,
impose restrictions on the times during a day when outdoor events
may occur, provided that in no case may outdoor events extend beyond
the hours of 10:00 a.m. to 9:00 p.m. on Sunday through Thursday and
10:00 a.m. to 11:00 p.m. on Friday and Saturday, except for overnight
guests and setup and clean up, provided all other items of the Town
Code are followed, including but not limited to provisions regarding
lighting and noise (see above).
(20)
Fire notification. No fewer than five business days prior to
an agricultural event venue event with 50 or more attendees, the owner
or operator of the agricultural event venue shall notify the Chief
of the Fire District within which the agricultural event venue is
located and the Zoning Administrator of the event. Such notice shall
include the street address of the agricultural event venue, the name,
telephone number and email address of the owner or operator; the name,
telephone number and email address of the person responsible for overseeing
the event, the date of the event, the start and stop times of the
event, and the estimated number of persons attending the event.
(21)
Insurance. Any agricultural event venue shall maintain at all
times comprehensive general liability insurance with limits of at
least $1 million per claim/$2 million in the aggregate for events
and shall annually and upon demand from the Zoning Administrator provide
to the Zoning Administrator certificates of insurance evidencing the
Town and its officers and employees as additional insureds.
(22)
Planning Board approval shall be preceded by a clear demonstration
by the owner or operator of the agricultural event venue that all
proposed features are essential to the operation or support of the
agricultural event venue, will create no significant adverse effect
on neighboring residential properties, and will be in harmony with
the rural, historic and scenic character of the neighborhood.
(23)
The requirements of this section shall not apply to the following:
(a)
Events which have received a permit under § 250-75A (Carnivals, fairs, circuses) of the Town Code;
(b)
Events held by a charitable organization for fundraising purposes,
by an established club or other organization solely for the benefit
of its members, by a church or other house of worship, or by a property
owner or tenant for the owner's or tenant's personal purposes, provided
no monetary or other compensation is paid to the owner or tenant for
the event; or
A.
Purpose. It is the intent of the Town of Clinton,
consistent with New York State Social Services Law § 390,
to provide for the child care needs of the residents and those employed
in the Town in a way that promotes the public interest while maintaining
the essential character of the Town's residential, commercial and
industrial areas. This section is developed in recognition of the
critical need for affordable child care for the Town's working parents.
The Town recognizes that the lack of child care alternatives may prevent
parents from obtaining gainful employment which fully meets their
needs.
B.
Family and group family day-care homes. Family and group family day-care homes, as defined under “day-care facility” in Article VIII, shall be permitted in all residential districts without special use permit, provided that:[1]
(1)
State licensing requirements are met, including those
pertaining to building, fire safety, and health codes and that such
state license copy shall be on file with the Building Inspector;
(2)
Applicable zoning and subdivision standards for residential
uses are adhered to in full;
(3)
All area and bulk regulations are in compliance with
the Schedule of Area and Bulk Regulations;[2]
[2]
Editor's Note: The Schedule of Area and Bulk Regulations is included at the end of this chapter.
(6)
No structural or decorative alteration that will alter
the single-family character of an existing residential residence is
permitted. Outdoor play equipment is permitted in rear or side yards,
but should be contained by fencing from adjacent properties.
C.
Day-care centers, school-age child-care facilities and nursery schools. A special use permit is required for any day-care center, school-age child-care facility or nursery school, as defined in Article VIII. Day-care centers, school-age child-care facilities and nursery schools are permitted in all zones with the exception of the Floodplain Zone, provided they are in compliance with the following:[4]
(1)
The center, facility or nursery school complies with all general standards of § 250-97, Special use permits. In addition, the licensed day-care provider shall submit a copy of said license and other pertinent documents from the New York State Department of Social Services and, if applicable, the New York State Department of Education.
(2)
A site plan is submitted to the Planning Board for its approval, following the procedures in § 250-96 of this chapter. For site plan approval, day-care centers, school-age child-care facilities or nursery schools shall:
(b)
Provide an outdoor play space as specified by
New York State Social Services Law § 390, Part 418.8 or
subsequent laws. Such area shall be at least 1/4 the square footage
of the structure in which the facility is housed, screened from the
road from which the center takes access either by the center itself
or appropriate landscaping or other methods, and contained, by fence
or other means, to prevent conflicts between adjacent properties and
the facility's activities;
(c)
Provide adequate parking facilities for the
day-care center or nursery school: at least one parking space for
every nonresident employee, plus one for every 10 children, and provide
an off-street pickup and drop-off area either on the driveway or an
approved parking area;
(d)
Conform to other requirements, as specified
by the Planning Board, to ensure that the center maintains the residential
or hamlet character of the neighborhood.
(3)
Day-care centers, school-age child-care facilities
and nursery schools serving more than 12 children shall have a minimum
lot size of 10 acres.
A.
Minimum required floor area.
(1)
No permit for the erection of a single- or two-family
dwelling shall be granted in the Town of Clinton unless the minimum
ground floor space per dwelling unit shall be as follows:
|
Number of Stories in
Dwelling Unit
|
Minimum Ground Floor Space
(square feet)
| |
|---|---|---|
|
1
|
864
| |
|
1 to 1 1/2
|
720
| |
|
2
|
576
|
(2)
The area mentioned herein does not include open or
enclosed porches, basements, garages or carports. All foundations
shall comply with the Uniform Code.
B.
Any basement area used for sleeping purposes shall
have not less than two means of egress, at least one of which shall
be a door giving access to an open area whose service is at least
eight inches below the level of the basement floor. Each basement
room used for living purposes shall have a window area opening to
the outside, equal to not less than 5% of the floor area of such room,
or as otherwise required by the Uniform Code.
C.
No building containing dwelling units shall henceforth
be constructed, nor shall any existing building be altered so as to
contain dwelling units, unless the surface grade of the front yard
at the front wall of such building be more than one foot above the
established grade of the sidewalk. Where a sidewalk grade has not
been established, the surface grade of the front wall of the dwelling
shall not be less than one foot above the center line of the street
measured at the midpoint between the side lot lines of the lot. Where
there is unusual difficulty in meeting this provision, the Building
Inspector may accept a substitute gradient, provided that no minus
gradient is established within 15 feet of the front wall or within
six feet of either side wall of the building.
The following regulations apply to educational
institutions and vocational schools:
A.
The minimum lot size shall be 10 acres.
B.
No special use permit shall be granted for the construction
or expansion of an educational institution for over 100 students unless
such institution has a minimum of 400 feet of frontage on a state
or county road.
[Amended 5-11-2010 by L.L. No. 1-2010, effective 5-20-2010]
C.
Any sports arena or other place of assembly having
a seating capacity of more than 1,000 persons shall have entrances
and exits on a state or county road.
D.
All buildings, parking and outdoor activity areas
shall have a minimum setback of 200 feet from any adjoining residential
property and 100 feet from any property boundary.
[Added 11-10-2015 by L.L.
No. 4-2015, effective 11-20-2015; amended 7-9-2019 by L.L. No. 2-2019, effective 7-16-2019]
A.
Purpose and objectives. The proliferation of wind energy systems
as environmentally friendly and cheaper energy alternatives is expected
in the coming years. This equipment and the installation thereof must
be reasonably regulated to coordinate and control the same and to
preserve and protect the aesthetic qualities of the Town and its neighbors.
The Town recognizes the demand for wind energy systems and the need
for the services they provide. This section regulates wind energy
system installations to ensure that any proposed wind energy system
is designed, located, and installed in accordance with the purposes
and objectives of this chapter by:
(1)
Promoting the health, safety, and welfare of the residents of
the Town.
(2)
Minimizing the adverse visual effects of wind energy systems
on the Town.
(3)
Protecting the natural features, aesthetics, and rural character
of the Town through careful planning, design, location, buffering,
and screening to a practicable height.
(4)
Avoiding potential damage to adjacent properties from falling
or flying debris from wind energy system facilities through careful
engineering and reasonable siting of wind energy systems.
B.
The primary purpose of any wind energy system facility shall be to
provide power for the principal use of the lot on which the facility
is located and not for the generation of power for commercial purposes.
This provision is not meant to be interpreted to prohibit the occasional
sale of excess power generated from a wind energy system otherwise
designed to meet the energy needs of the principal use.
C.
General requirements.
(1)
No wind energy system shall be located or operated so as to
impede the function of any other preexisting wind energy system or
of any radio, telephone, or microwave communications device.
(2)
No wind energy system shall be located so as to reduce or impede
the amount of sunlight that would fall on an adjoining lot absent
the wind energy system.
(3)
Roof-mounted wind energy systems are prohibited.
(4)
Site plan review and approval by the Planning Board shall be
required for any ground-mounted wind energy system.
(5)
Ground-mounted wind energy systems shall be permitted subject
to the following requirements:
(a)
Ground-mounted wind energy systems located on lots of less than
0.5 acre are prohibited.
(b)
Ground-mounted wind energy systems on any Lot of any size in
the Hamlet (H), the Residential Hamlet (RH), the Medium Density Residential
(MR1), and the Clustered Residential (CR1) Zoning Districts and on
any lot in any Zoning District of 0.5 acre up to one acre in size
are permitted, provided that the overall blade length (i.e., radius)
shall not exceed three feet and the other applicable requirements
of this section are meet.
(c)
Ground-mounted wind energy systems, utilizing a blade-style
design, sited on a lot of greater than one acre in size may exceed
a blade length (i.e., radius) of three feet, provided that such lot
is not located in the Hamlet (H), the Residential Hamlet (RH), the
Medium Density Residential (MR1), or the Clustered Residential (CR1)
Zoning Districts.
(d)
Anchor points for guy wires for the wind energy system tower
shall be located within the lot and not on or across any aboveground
electric transmission, distribution, cable line, or telephone line.
(e)
Each wind energy system shall be equipped with both manual and
automatic controls to limit the rotational speed of the blade below
the design limits of the rotor. The application for site plan approval
shall include a statement by a New York State registered professional
engineer certifying that the rotor and overspeed controls have been
designed and fabricated for the proposed use in accordance with good
engineering practices. The engineer shall also certify the structural
compatibility of potential towers with available rotors. This certification
shall include the distance and trajectory of the thrown blade from
an exploding turbine or propeller according to the "Loss of Blade
Theory."
(f)
The base of the tower shall be completely enclosed by a locked,
protective fence of at least six feet in height. The Planning Board
may require additional security measures that it may deem necessary
to prevent unauthorized access to the tower, including measures to
prevent unauthorized persons from climbing the tower. Screening shall
be maintained in a condition as approved by the Planning Board.
(g)
Ground-mounted wind energy systems shall meet all area and bulk
regulations for the Zoning District in which the lot is located and
shall not be located nearer to an adjoining lot or building than the
required setback.
(h)
Ground-mounted wind energy systems shall be set back at least
300 feet from the front line of the lot.
(i)
Ground-mounted wind energy systems shall comply with all area
and bulk regulations for the Zoning District in which the lot is located
and must be set back from the lot line a distance of no less than
1.5 times the height of the wind energy system support tower. In addition,
the following requirements shall be satisfied:
[1]
All utility services and electrical wiring shall
be underground.
[2]
No television, radio, or other communications antenna
may be affixed or otherwise made a part of a wind energy system.
[3]
No lights used for illumination of an area shall
be affixed to a wind energy system unless required by the Planning
Board.
[4]
The location, design, color, materials, and finish
of the wind energy system shall limit its visual impact on surrounding
properties and minimize noise from the wind energy system to adjacent
and nearby properties.
[5]
Any base station equipment associated with the
wind energy system shall be screened from adjacent properties to the
extent practicable by fencing or a combination of berms, fencing,
and evergreen and deciduous plantings. Plantings used for screening
shall be at least six feet in height and sufficient in width, at the
time of planting, so as to obscure the wind energy system from adjacent
properties. Plantings shall be maintained in a condition as approved
by the Planning Board.
[6]
No signs, except for safety, emergency contact
information, and signs required by any regulatory or permitting agency,
are permitted.
[7]
The wind energy system shall be removed once it
is no longer in service in accordance with § 250-49.1E.,
below.
D.
In its review of an application for approval of a wind energy system,
the Planning Board is authorized to require such additional information
that it may deem reasonably necessary to properly evaluate the potential
visual and public health effects of the wind energy system, including
but not limited to:
(1)
Photo simulation of the proposed wind energy system, with the
baseline pictures taken from locations approved by the Planning Board.
(2)
Structural analysis as to the adequacy of the equipment and
structures necessary to support the wind energy system, performed
by a New York State licensed engineer.
(3)
Noise assessment pursuant to New York State Department of Environmental
Conservation guidance document "Assessing and Mitigating Impacts,"
as amended.
E.
If a wind energy system ceases function for more than 12 consecutive
months, the property owner shall remove the wind energy system as
well as its attendant equipment and structures no later than 180 days
after the end of the twelve-month period, or within the time frame
specified in the decommissioning agreement. Failure to remove a wind
energy system as well as its attendant equipment and structures within
this period shall constitute a violation.
F.
Any violation of this § 250-49.1 shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in § 250-102. Enforcement proceedings may be commenced in Town of Clinton Justice Court by the Zoning Administrator, the Attorney for the Town or Town Attorney. Any enforcement action must be authorized pursuant to a Town Board resolution.
A.
Purpose. Regulation of actual mining activities is
regulated by New York State under Article 23, Title 27 of the Environmental
Conservation Law. It is the intent of the Town of Clinton to permit
excavation and gravel mining operations in the Office-Light Industry
District, and to allow existing excavation and mining activities located
elsewhere within the Town to continue as permitted (1) by the Department
of Environmental Conservation (DEC), and (2) by this chapter insofar
as such activities comply with the provisions herein regarding the
continuation of prior nonconforming uses and structures.
B.
Applicability. Activities covered by this section
include:
(1)
Mining activities requiring New York State DEC permits,
but only to the extent allowed by Article 23, Title 27 of Environmental
Conservation Law; and
(2)
Excavation and mining, as defined herein, or reclamation
thereof, not requiring a permit by the New York State DEC, that uses
more than 100 cubic yards of material for any purpose other than for
reuse on the same site in a successive twelve-month period.
C.
Exempt activities. Activities exempt from this regulation
include:
(1)
Accepted agricultural practices not otherwise in conflict
with this chapter, where soil or other material is to be used for
grading, improving or draining and where the soil or other material
is to be replaced on the same site;
(2)
Excavation for the sole purpose of building a pond
or lake in which the material is retained on the same site;
(3)
Activities performed for or by the Town of Clinton;
(4)
Excavation for building construction, sewage disposal
systems or underground fuel storage tanks or other activities of limited
duration, e.g., swimming pools, graves;
(5)
Excavations for the purposes of installing public
utilities and building or maintaining roads;
(6)
Dredging operations under the jurisdiction of the
United States Army Corps of Engineers and other governmental entities.
D.
Town of Clinton special use permits.
[Amended 5-11-2010 by L.L. No. 1-2010, effective 5-20-2010]
(1)
Mining activities requiring DEC permits. The Planning
Board shall approve the special use permit application, provided the
following conditions are met:
(a)
Activities shall comply with all requirements
and conditions specified in the DEC permit concerning setback from
property boundaries and public rights-of-way, natural or other barriers
to restrict access, dust control and hours of operation.
(b)
Activities shall comply with district regulations, Article III herein, area and bulk regulations, Article IV herein, general performance standards, § 250-28 herein, and with site plan and special use permit requirements, Article VII herein, as well as other generally applicable sections of this chapter.
(c)
Reclamation requirements contained in the DEC
permit shall be fully met.
(2)
Mining activities not requiring DEC permits. The Planning
Board shall approve the special use permit application, provided the
following conditions are met:
(a)
Application. An applicant for special use permit
or renewal shall obtain a current Mined Land Reclamation Program Applicant's
Guide from DEC, and submit all the same required information to the
Town of Clinton Planning Board. The Planning Board, at its discretion,
may waive any application requirements.
(b)
Standards. The Planning Board, in considering
special use permit approval, shall apply the same standards as those
applied by the DEC (as contained in the Mined Land Reclamation Program
Applicant's Guide), and may place conditions on approval as it may
deem appropriate to the application, including setbacks from property
boundaries and public rights-of-way, natural or other barriers to
restrict access, dust control, hours of operation and reclamation
requirements.
(c)
Renewal, inspection and enforcement. Special use permits for excavation and mining shall be issued for a one-year period and may be renewed for additional one-year periods. Site inspections may be made by the Zoning Administrator in accordance with the law, and by Planning Board members and/or the Town Engineer, as part of the special use permit application or renewal procedure herein. Permits shall be subject to revocation and/or penalties, as provided in § 250-97A(11), Revocation of special use permit, in the event of violation of the conditions of a permit or of the requirements of this section. No permit renewal may be granted if an outstanding violation exists at the time of application for renewal for such permit. Any and all costs related to site inspections shall be charged back to the owner or operator of the site and shall be paid as a condition of special use permit approval by the Planning Board. Final inspection, acceptance of the reclaimed site, and final release of the performance bond required in Subsection D(2)(e) below may not be earlier than two growing seasons following the end of mining operations and removal of equipment.
(d)
Insurance. A certificate of liability insurance,
naming the Town as co-insured, shall be required by the applicant
prior to issuance of the special use permit. The minimum liability
coverage shall be in the amount contained in the fee schedule established
annually by the Town Board, or if not specified, shall be in a minimum
amount of $1,000,000 for personal injury, including injury resulting
in death, on the property. The liability coverage shall be maintained
throughout the term of the permit.
(e)
Performance bonds. A performance bond or other
form of surety approved by the Town Board, sufficient to assure compliance
with the reclamation conditions herein and to repair extraordinary
damage resulting from the operation to Town roads or to upgrade such
roads near the property access, shall be reviewed as a part of special
use permit approval or renewal. If the Planning Board determines,
with the recommendation of the Town Engineer, that the performance
bond shall be established or changed to reflect changes in the amount
of disturbed acreage or to reflect changes in the cost of site reclamation
or other costs omitted, the Board shall make such recommendation,
with an amount, to the Town Board. The Planning Board shall give special
use permit approval only after notice of approval of the performance
bond by the Town Board. Said bond shall not be released until the
operator has complied with all standards and conditions of this chapter
and the special use permit, and a written release has been issued
by the Town Board.
A.
Intent. The Town finds that farming is an essential
activity within Clinton. Farming, as defined herein, reinforces the
special quality of life enjoyed by citizens, provides the visual benefit
of open space and generates economic benefits and social well-being
within the community. Therefore, the Town emphasizes to newcomers
that this Town encourages its agriculture and requests newcomers to
be understanding of the necessary day-to-day operations. It is the
general purpose and intent of this chapter to maintain and preserve
the rural tradition and character of Clinton, to permit the continuation
of agricultural practices, to protect the existence and operation
of farms, and to encourage the initiation and expansion of farms and
agricultural businesses. For the purpose of reducing future conflicts
between farmers and nonfarmers, it is necessary for notice to be given
to future neighbors about the nature of agricultural practices.
B.
The right to undertake agricultural practices. Farmers,
as well as those employed, retained, or otherwise authorized to act
on behalf of farmers, may lawfully engage in farming practices within
the Town of Clinton at any and all times and all such locations as
are reasonably necessary to conduct the business of farming. For any
activity or operation, in determining the reasonableness of the time,
place and methodology of such operation, due weight and consideration
shall be given to both traditional customs and procedures in the farming
industry as well as to advances resulting from increased knowledge
and improved technologies.
C.
Notice to prospective neighbors. The following notice
shall be included in building permits and on plats of subdivisions
submitted for approval pursuant to Town Law § 276: "This
property borders a farm, as defined in Local Law No. 3 of 1991, the
Zoning Law of the Town of Clinton. Residents should be aware that
farmers have the right to undertake farm practices which may generate
dust, odor, smoke, noise and vibration."
The following regulations apply to farm machinery
sales:
A.
In AR5, AR3 and C Districts, farm machinery sales
shall be limited to an accessory use of a farm.
B.
No outdoor storage of farm machinery for sale in AR5,
AR3 and C Districts shall be closer than 100 feet to any property
line.
C.
Outdoor storage of farm machinery for sale shall be
visually screened from any adjoining residential properties and roadways
by fences, walls, or trees and shrubs in a manner sufficient to visually
obscure the activity from the surrounding neighborhood.
D.
Such regulations shall not apply to incidental sales
of used farm machinery owned and used as part of the agricultural
operation.
The following regulations apply to gasoline
stations and automobile service facilities:
A.
A minimum road frontage of 200 feet shall be required.
B.
No gasoline station or automobile service facility
shall have a vehicular entrance closer than 200 feet to an entrance
to a church, school, theater, hospital, park, playground or other
public gathering place designed for occupation by more than 50 people.
C.
No site plan shall be approved unless the Planning
Board finds that the proposal contains adequate safeguards to prevent
pollution of surface or ground water. The site plan must show any
school, playground, place of public assembly, surface water, drainage
channel, or environmentally sensitive area such as wetlands within
500 feet of the proposal.
D.
All such facilities shall be so arranged as to require
all servicing on the premises and outside the public way. As much
as possible, all repair work shall be performed indoors. All vehicles
awaiting repair, dismantled vehicles, and automobile parts shall be
stored indoors or within a screen conforming to the setback required
for buildings.
E.
Pumps and other dispensing devices, except air pumps,
shall be located no nearer than 50 feet to any property line.
F.
All waste material shall be stored within a structure
or enclosed within fencing at least eight feet high and shall not
be visible at any property line of the establishment.
G.
Gasoline or flammable oils in bulk shall be stored
fully underground, in accordance with current New York State DEC regulations,
and may not be closer than 25 feet to any lot or street right-of-way
line.
H.
No inoperative motor vehicle shall be kept on the
premises for longer than 14 calendar days, except where it is demonstrated
that necessary repair parts have been ordered and delivery is awaited.
I.
In addition to other landscaping requirements established
by this chapter, suitable year-round buffering and landscaping shall
be provided in all rear and side yards through a mix of deciduous
and evergreen planting.
J.
The premises shall not be used for the display for
sales, lease or rental of automobiles, trailers, mobile homes, boats
or other vehicles.
K.
Commercial car wash facilities, body repair, or painting
are not permitted as part of this use.
The following regulations apply to golf courses
and country clubs:
A.
The minimum lot size shall be 50 acres.
B.
Any buildings incidental to a golf course shall be
located at least 200 feet from any street or property line. Restaurants
and other food-service establishments, health and fitness facilities,
and lodging accommodations incidental to the principal use shall be
permitted, provided such facilities receive site plan approval.
C.
Parking areas shall be located at least 50 feet from
any street or property line.
D.
Tees, fairways and greens shall be located at least
200 feet from any residential property line; however, where residential
lots are included as part of the golf course subdivision, the Planning
Board may reduce this requirement to 50 feet. Fencing may be required
by the Planning Board as a condition of permit approval.
E.
Year-round screening of all buildings and parking areas shall be installed in accordance with § 250-61, Landscaping, along any residential property line.
F.
Surface runoff from any golf course shall not contain
nutrients or other chemicals that will cause harm to surrounding habitat.
The Planning Board shall require a golf course developer to complete
a study of drainage and surface runoff as a condition of special use
permit approval and provide mitigation where it is determined that
such runoff will have a negative impact.[1]
G.
No permanent buildings are allowed in a floodplain.
A.
Purpose. It is the Town's intent to protect those
historic features which enrich the quality of life for the residents
of Clinton. Clinton's Master Plan contains a partial list of historically
important sites and the county has conducted a survey of the Town's
historic resources. Historic districts and individual landmarks may
be designated by the Town Board in accordance with General Municipal
Law §§ 96-a and 119-aa et seq and the procedures hereinafter
specified for the following purposes:
(1)
To protect and enhance the landmarks and historic
districts which represent distinctive elements of Clinton's historic,
architectural, and cultural heritage;
(2)
To foster civic pride in the accomplishments of the
past;
(3)
To protect and enhance Clinton's attractiveness to
residents and visitors and the support and stimulus to the economy
thereby provided; and
(4)
To ensure the harmonious, orderly and efficient growth
of the Town and promote the economic, cultural, educational, and general
welfare of the public.
B.
Petition. A petition for designation of an historic
district or landmark shall be submitted to the Town Board by the Planning
Board, Conservation Advisory Committee, local historical group, or
interested Town residents. The petition shall include documentation
to justify such a designation, a description of historically significant
features of the site(s), and specific recommendations for boundaries.
C.
Procedures for historic designation.
(1)
If the Town Board decides to consider such a petition,
no building or demolition permits for the nominated properties shall
be issued by the Building Inspector until the Town Board has made
its decision on designation.
(2)
Notice of such consideration shall be given to the
public and by certified mail to the owner(s) of all properties proposed
for designation. A public hearing shall be held within 45 days of
the Board's decision to consider the petition. A decision to approve
or disapprove the designation shall be made within 45 days of the
public hearing.
(3)
If the Town Board determines that the proposed property
or properties possess special character or historic or aesthetic importance
as part of the cultural, political, economic, or social history of
the locality, region, state or nation, it may designate a locally
protected landmark or historic district. Notice of the designation,
boundaries, and the supporting documentation shall be filed with the
Town Clerk for use by the public, Building Inspector, Zoning Administrator,
Planning Board, and Zoning Board of Appeals.
D.
Standards.
(1)
All major exterior alterations, if visible from a
public roadway, and any reconstruction, demolition, or relocation
of a designated landmark or property within an historic district,
as well as new construction visible to the public and within 200 feet
of designated properties, shall require approval by the Planning Board
or other committee empowered by resolution of the Town Board. "Major"
alterations shall include change of architectural lines and replacement
of siding with a different material, but shall exclude repair and
painting.
(2)
In reviewing applications and permits that involve
changes to exterior appearance of designated properties, the Planning
Board's or review committee's decision should be based on the following
principles:
(a)
Designated landmarks and properties which contribute
to the character of the historic district shall be retained, with
their historic features altered as little as possible;
(b)
Any alteration of an existing property or new
construction shall be compatible with the property itself and surrounding
properties in terms of scale, texture, materials, color, proportions
of the facade, arrangement of openings within the facade, roof shape,
and rhythm of spacing of properties on the street.
(3)
Application requirements and review procedures shall conform with the site plan review process described in § 250-96.
(4)
Nothing in the section shall be construed to prevent
the ordinary maintenance and repair of any exterior architectural
feature of a designated property which does not involve a change in
design, material, or outward appearance. For the purposes of this
section, changing paint color or roofing materials only is not subject
to review.
(5)
Every effort shall be made in the Planning Board's
review of site plans for properties adjacent to historic districts
or landmarks to protect the views of historic sites and to make new
construction compatible with designated properties.
Home occupations permit residents of the community
a broader choice in the use of their homes as a place of livelihood
or for the supplementing of household income. The provisions of this
section are intended to protect and maintain the residential character
of the neighborhood from commercial uses not customarily allowed in
residential districts.
A.
General.
(1)
A home occupation shall be conducted entirely within
the principal residential structure; use of an accessory structure
for other than storage is not permitted. No outdoor storage or displays
shall be permitted.
(2)
A home occupation shall be clearly secondary to the
residential use, and shall be carried on by one or more of the residents.
(3)
No more than one nonresident shall be permitted to
work on the premises at any one time.
(4)
There shall be permitted no sharing, letting or subletting
of space for use by others in the conduct of a home occupation.
(5)
No more than 25% of a dwelling unit's aboveground
floor area shall be devoted to home occupational use.
(6)
No alteration of the residential appearance of the
premises to accommodate a home occupation is allowed; exterior visual
evidence of a home occupation shall be limited to one sign and up
to three additional parking spaces as provided herein.
(7)
One unanimated, nonilluminated sign having an area
of not more than three square feet shall be permitted on the street
front of the lot on which the residence is located.
(8)
Services or instructions offered shall be limited
to no more than three clients or customers at a time. Adequate off-street
parking shall be required for customers.
(9)
Delivery and pick-up of materials or commodities to
and from the premises by a commercial vehicle shall not exceed four
trips per week, and the deliveries shall not restrict traffic.
(10)
In no case shall a home occupation be open to
the public earlier than 8:00 a.m. or later than 9:00 p.m.
(11)
Except for articles produced on the premises
and other articles customarily associated with a product made or a
service provided on the premises, no stock-in-trade shall be displayed
or sold on the premises nor shall any item be available for rental.
(12)
No home occupation shall be allowed which requires
the presence in the home or on the premises of machinery or equipment
or vehicles normally associated with commercial or industrial activities.
(13)
No home occupation shall be allowed which creates
offensive noise, vibration, smoke, electrical interference, dust,
odors, heat, glare or other nuisance.
(14)
Home occupations that attract customers, clients,
or students to the premises for sales or service shall not be allowed
in multifamily dwelling units.
B.
Included home occupations. When conducted in accordance with the requirements stated herein, home occupations shall include but are not limited to the following: antique shops, dressmaking, millinery, home cooking, musical instruction, barber shop with not more than two chairs, beauty shop with not more than two chairs, small appliance repair, and day care for no more than six children and not requiring a New York State license (see § 250-46, Day-care or nursery school facilities). In addition, home occupations shall include but are not limited to the office or studio of a physician, dentist, accountant, artist, musician, lawyer, architect, engineer, teacher, insurance agent, realtor, computer programmer or other such professional person.
C.
Home occupations prohibited. In addition to those
uses which do not meet all of the requirements stated herein, the
following uses are specifically prohibited as home occupations: ambulance,
taxi, limousine or similar service; automobile-related business, including
repair, parts, sales, upholstery, body work, painting or washing service;
beauty salon or barber shop over two chairs; church; funeral home
or mortician; alternate care facility; group musical or dancing instruction;
restaurant, takeout food services, or tavern; video store; commercial
servicing of construction equipment, including but not limited to
backhoes, bulldozers, and trucks; public stable; kennel; animal hospital;
plumbing or electrical shop or a similar trade or business.
The following regulations apply to hospitals:
The following regulations apply to hotels and
motels:
A.
The minimum lot area shall be three acres for the
first 16 guest rooms, plus an additional 6,000 square feet of lot
area for each additional guest room provided.
B.
The minimum setback for any structure, parking lot
or other outdoor facility from any street line or property line adjacent
to another zoning district shall be 100 feet. The setback from all
other property lines shall be 50 feet.
C.
Hotels or motels are intended for temporary residency;
occupancy of patrons shall not exceed four weeks in any six-month
period.
D.
Hotels and motels may include accessory restaurants
and other facilities for the use of guests, not to exceed 25% of the
total aboveground floor area.
E.
Each rental structure in a motel shall contain at
least eight rental units.
F.
Parking shall be behind the front building line and
should be encouraged to be in the side or rear yards.
The following regulations apply to kennels:
A.
The minimum lot size shall be 10 acres.
B.
No building or other quarters shall be permitted within
250 feet of any property line.
C.
All outdoor areas used by animals shall be located
to the side or rear of the principal building on the site. Such areas
shall be enclosed by fencing of a type of construction and height
sufficient to confine any animal on the premises.
D.
Such kennel shall be operated in such a manner as
to produce no objectionable noise, odors, or other nuisances beyond
the boundaries of the site on which it is located.
E.
All such quarters shall at all times be maintained
in a sanitary condition.
F.
A maximum of 12 dogs over six months of age may be
housed, except that two additional dogs may be housed for each one
additional acre of land provided over 10 acres.
A.
Any landfill or transfer station shall be owned or
operated by the Town of Clinton. No privately owned or operated landfills,
dumps, or transfer stations are permitted in any district.
A.
Purpose. It is the purpose of the Town of Clinton
to protect the welfare of the residents and commercial interests of
the community by assuring that new subdivisions, multifamily and industrial
and commercial sites, including new parking areas, do not detract
from property values and will preserve the rural character of the
Town.
B.
Applicability. The Planning Board shall require a
landscaping plan for new subdivisions over two lots, for special use
permits in hamlet and industrial districts, and for site plans for
multifamily and parking lots. The Planning Board may waive the requirement
for a landscaping plan or any part of this section.[1]
C.
General landscaping requirements.
(1)
Topsoil shall be spread to a depth of three inches
over that area of the site which is disturbed.
(2)
Sufficient trees and shrubs shall be either retained
as the site is cleared, or planted, in order to preserve the natural
appearance of the site. Such trees and shrubs shall be shown on the
plan submitted.
(3)
Where a nonresidential use requiring a landscaping
plan abuts a residential use, a buffer area of year-round screening
satisfactory to the Planning Board shall be retained or provided.
(4)
Parking areas and parking lots shall be landscaped
with trees and plantings, and shall be screened from neighboring properties.
(5)
Site accessories, such as trash receptacles, benches
and phone booths, shall be located and screened in a manner satisfactory
to the Planning Board.
(6)
A maintenance bond in an amount recommended by the
Planning Board in consultation with the Town Engineer, and in a form
satisfactory to the Attorney for the Town, may be set by the Town
Board.
A.
Purpose. The Town of Clinton Master Plan states that
its primary housing goal is to provide a broader range of housing
sizes and types in appropriate locations for all of Clinton's residents.
In order to achieve this objective, it is necessary to create diversity
in housing styles, prices, and tenures. This will help the community
retain a diverse population, maintain its socioeconomic balance and
sustain a diverse economy. This section allows for the creation of
rental housing opportunities, the construction of attached units,
and the conversion of appropriate existing buildings to multiple dwelling
units.
B.
Standards.
(1)
Multifamily dwellings shall be permitted only in districts
so designated in the Schedule of Use Regulations[1] and upon issuance of a special use permit and site plan approval from the Planning Board as specified in Article VII, and in accordance with the additional requirements of this section.[2]
[1]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
(2)
All area and bulk requirements shall conform to the
Schedule of Area and Bulk Regulations.[3] The number of dwelling units per acre shall not exceed
the minimum lot area per dwelling unit or establishment required in
the applicable district.
[3]
Editor's Note: The Schedule of Area and Bulk Regulations is included at the end of this chapter.
(3)
The minimum floor area of each dwelling unit shall
be as follows: 400 square feet for a studio apartment; 500 square
feet for a one-bedroom apartment; 700 square feet for a two-bedroom
apartment; and 850 square feet for a three-bedroom apartment.
(4)
No individual structure shall contain more than six
attached dwelling units.
(5)
No building shall exceed 150 feet in length or be
located closer than 50 feet to any other principal building.
(6)
Within any multifamily rental development containing
more than five units, one unit shall be reserved for a resident manager.
(7)
All buildings shall be arranged so as to avoid undue
concentration of buildings or parking facilities and shall be oriented
so as to preserve visual and auditory privacy.
(8)
Architectural design shall be in harmony with the
prevailing character and scale of buildings in the neighborhood and
the Town through the use of appropriate building materials, screening,
breaks in roof and wall lines and other architectural techniques.
Variation in detail, form and siting shall be used to provide visual
interest and avoid monotony. Proposed buildings shall relate harmoniously
to each other with adequate light, air, circulation, and separation
between buildings.
(9)
When necessary to ensure compatibility with the surroundings,
buffer strips shall be provided. They shall consist of trees, hedges,
dense plantings, earth berms, and/or changes in grade. These buffers
shall be used, in particular, to separate the more dense character
of multifamily housing from less intensely developed land uses and
to maintain a natural transition between multifamily structures.
(10)
Usable open space, excluding parking, must be
available for tenants. This open area shall be a minimum of 150 square
feet per bedroom for adaptation of existing structures and at least
40% of the gross lot area for new structures.
(11)
A recreation fee will be charged for all new
rental units as provided for in the current fee schedule. On-site
dedication of land or construction of recreational facilities can
be an alternative to a recreational fee.
(12)
All parking shall be provided in paved off-street
areas. No parking lot shall be closer than 25 feet to the front of
any building or 10 feet to the side or rear of any building.
(13)
All applicable requirements of the multiple
residence section of the New York State Uniform Fire Prevention and
Building Code shall be strictly met.
(14)
An existing building may be expanded only upon
a showing that such expansion is necessary to allow a reasonable conversion
of the building. If such expansion is permitted in no case shall the
gross floor area of the building be increased by more than 500 square
feet. Any changes to the exterior of the building must be compatible
with the existing architecture of the building.
(15)
Adequate water supply and sewage disposal facilities
shall be provided in full accordance with the requirements of the
Town of Clinton and the Dutchess County Department of Health. For
conversions of existing buildings, sufficient engineering documentation
shall be provided to allow the Town and the Health Department to assess
the adequacy of any existing facilities which are proposed for continued
and expanded use.
A.
General provisions.
(1)
All structures and land uses hereafter erected, enlarged,
moved, created, changed in intensity or substantially altered shall
be provided with the off-street parking and loading space required
by the terms of this chapter to meet the needs of persons using or
occupying such structures or land.
(2)
The plans for any new building or any expansion of
an existing building, when submitted for site plan approval, shall
show specifically the location, size and type of improvements of the
off-street parking and loading space required to comply with this
chapter and the means of access to such space from the public streets
or highways. Off-street parking and loading requirements do not apply
to single-family residential or other uses not requiring site plan
approval.
(3)
No certificate of occupancy shall be issued for any
building or land use until the required off-street parking space has
been provided.
(4)
Required off-street parking facilities which, after
development, are later dedicated to and accepted by the Town shall
be deemed to continue to serve the uses or structures for which they
were originally provided.
(5)
No off-street parking or loading space required for
one building or use shall be included as meeting, in whole or in part,
the off-street parking or loading space required or another building
or use except as otherwise provided for in this chapter.
(6)
No off-street parking or loading space shall be so
reduced in area that it does not meet the minimum requirement of this
chapter.
B.
Existing structures and uses.
(1)
Lawful structures and land uses at the time of the
effective date of this chapter shall not be subject to the parking
or loading space requirements of this chapter, provided that any parking
and loading facilities then existing to serve such structures or uses
shall not be reduced except where they exceed these requirements,
in which case they shall not be reduced below such requirements.
(2)
Required parking and loading facilities as herein
stated shall, however, be provided as a condition for the issuance
of any building permit for any enlargement or change in use of such
structures or uses in the future.
C.
Location.
(1)
No off-street parking or loading area shall be used
or shall be designed, arranged, or constructed to be used in a manner
that will obstruct or interfere with the free use of any other parking
space or any street, alley or adjoining property.
(2)
Off-street parking or loading areas that are requirements
for a permitted use shall be located at least 10 feet from any property
line, except where other provisions in this chapter require greater
setbacks.
(3)
Required parking and loading spaces shall be provided
upon the same lot as the use or structure to which they are accessory,
except that off-street parking spaces required for structures or land
uses on two or more adjacent lots may be provided in a single common
facility on one or more of said lots. Required setbacks may be waived
for this purpose. A legal instrument, satisfactory to the Planning
Board, shall assure the continued existence of the parking facility
to serve said structures or land uses as long as they may exist. Such
agreements shall also guarantee that, upon the termination of such
joint use, each subsequent use of the premises will provide off-street
parking facilities for its own use in accordance with all requirements
of this chapter.
(4)
If the off-street parking space required by this chapter
cannot be reasonably provided on the same lot on which the principal
use is conducted, the Planning Board may permit such space to be provided
in a private lot within 400 feet of the main entrance to such principal
use. Such parking space shall be deemed to be required open space
associated with the permitted use and shall not thereafter be reduced
or encroached upon in any manner. The applicant must own or otherwise
provide this space.
(5)
No commercial motor vehicle of more than one-ton capacity
shall be parked or stored overnight on the street in any residential
district, and such parking shall be subject to all other local laws.
D.
Size of parking spaces.
(1)
Each parking space shall be at least nine feet wide
and 18 feet long if unenclosed and at least 10 feet wide and 18 feet
long if bordered by walls or columns on two or more sides.
(2)
Each space shall have direct and usable driveway access
to a street and adequate maneuvering area between spaces in accordance
with proper site engineering standards.
(3)
The front or rear vehicle overhang shall not encroach
upon any sidewalk or landscaped area.
(4)
The Planning Board may consider, in the site plan
approval process and upon the request of the applicant, a reduction
in the size of the parking spaces for up to 15% of the number of parking
spaces. In no event shall any parking space be less than eight feet
wide and 18 feet long.
F.
Grades, drainage, paving and marking.
(1)
All required parking facilities shall be graded, surfaced,
drained and maintained throughout the duration of their use to the
satisfaction of the Zoning Administrator to the extent necessary to
avoid nuisances of dust, erosion or excessive water flow across public
ways or adjacent lands. Thermal pollution of any adjacent watercourses
from runoff of parking areas shall be minimized. The maximum slope
within a parking area shall be 5%.
(2)
In multifamily residential developments and in nonresidential
developments, the Planning Board shall require the provision of maneuvering
areas, entrances and exits.
G.
Traffic circulation.
(1)
In order to encourage safe and convenient traffic
circulation, the Planning Board may require the interconnection of
parking areas via access drives within and between adjacent lots.
The Board shall require written assurance and/or deed restrictions,
satisfactory to the Town's attorney, binding the owner and his heirs
and assignees to permit and maintain such internal access and circulation
and interuse of parking facilities.
(2)
Unobstructed access to and from a street, so designed
as to not require the backing of any vehicle across a sidewalk or
a traffic lane, shall be provided for all parking and loading spaces.
(3)
Adequate access to buildings by use of fire lanes
shall be provided and maintained in all off-street parking and loading
areas.
H.
Waiver of improvement.
(1)
Where the Planning Board determines that less than
the required number of finished parking spaces will satisfy the intent
of this chapter, said Board may waive the requirement for completion
in part, but not in excess of 50% of the number of required parking
spaces according to this section. Such waiver shall not apply to the
number of spaces to be provided, but only the number to be completed.
(2)
In such cases, it shall be expressly demonstrated
on the site plan that sufficient space remains for the provision of
the total amount of off-street parking required, and the site plan
shall bear such designation.
(3)
All such undeveloped parking space shall be used and
maintained as additional landscaped grounds until required for parking.
(4)
Written guarantees, satisfactory to the Town's attorney,
shall be submitted by the applicant for the eventual improvement of
any spaces which have been waived. These spaces shall be constructed
by the property owner within six months of the date of written notice
to the property owner by the Planning Board that such spaces have
been determined as necessary and must be constructed.
I.
Operation and maintenance. Required off-street parking
facilities shall be maintained as long as the use of the structure
exists which the facilities are designed to serve. Required parking
areas developed for specific structures and uses shall be reserved
at all times for those persons who are employed at or make use of
such structure and land uses.
J.
Off-street parking requirements. Off-street motor
vehicle parking facilities shall be provided as follows, except as
may be modified in other provisions of this section or where additional
parking requirements may be made as a condition of the issuance of
a special use permit:[1]
(1)
Where two or more different uses are permitted on
a single lot, the total amount of parking facilities to be provided
shall be the sum of the requirements for each individual use on the
lot. However, the Planning Board may approve the joint use of parking
space by two or more establishments on the same or on contiguous lots,
the total capacity of which space is less than the sum of the spaces
required for each, provided that said Board finds that the capacity
to be provided will substantially meet the intent of the requirements
by reason of variation in the probable time of maximum use by patrons
or employees among such establishments. Such approval of such joint
use shall be automatically terminated upon the termination of the
operation of any of such establishments.
(2)
Handicapped access. All parking spaces shall comply
with New York State and local regulations concerning handicapped access
as defined by the New York State Vehicle and Traffic Law, Article
32, § 1203-c or any successor statute.
(3)
Schedule of parking requirements.[2]
|
Use
|
Minimum Required Off-Street
Parking Spaces
| |
|---|---|---|
|
Accessory apartment
|
2 per dwelling unit
| |
|
Alternate care facility
|
1 per 3 resident beds, plus 1 per employee
| |
|
Amusement facilities
|
1 for every 5 customers computed on the basis
of maximum servicing capacity at any one time, plus 1 for every 2
persons regularly employed on the premises
| |
|
Animal hospital, kennel
|
4 per doctor, plus 1 per employee, but in no
case less than 1 per 400 square feet of gross floor area
| |
|
Bank, office
|
1 per employee, but not less than 1 per 350
square feet of gross floor area
| |
|
Clubhouse
|
1 per 50 square feet of gross floor area in
auditorium, assembly hall and dining room of such building, plus 1
for every 2 persons regularly employed on the premises
| |
|
Funeral home
|
1 per employee, plus 1 per 25 square feet of
gross floor area in assembly rooms
| |
|
Gasoline station or automobile service facility
|
1 per 1,000 square feet of site area; spaces
within service areas of building and at pumps and access lanes shall
not be counted
| |
|
Hospital
|
1 for every 2 beds intended for patients, excluding
bassinets
| |
|
Hotel, other overnight accommodations
|
1 per guest sleeping room, plus 1 for every
2 employees
| |
|
Light manufacturing, research laboratory, or
processing uses
|
1 per employee on largest shift, but not less
than 1 per 650 light manufacturing square feet of gross floor area
| |
|
Medical clinic and related professional health
service
|
4 per doctor or equivalent professional, plus
1 per employee office
| |
|
Residence, multifamily
|
2 per dwelling unit
| |
|
Residence, single-family or two-family
|
2 per dwelling unit
| |
|
Restaurant or bar
|
1 for every 3 seats but not less than 1 per
100 square feet of gross floor area
| |
|
Retail or service business
|
1 for every 275 square feet of gross floor area
| |
|
Educational institution
|
1 per employee, plus 1 for every 5 students
| |
|
Theater, place of worship
|
1 for every 5 fixed seats; 1 per 100 square
feet in places without fixed seats
| |
|
Wholesale, storage, utility or other similar
use
|
1 per employee, but not less than 1 per 1,000
square feet of gross floor area
| |
|
Other uses not listed
|
Reasonable and appropriate off-street parking
requirements for structures and land uses which do not fall within
the categories listed above shall be determined in each case by the
Planning Board, which shall consider all factors entering into the
parking needs of each use as part of its site plan review process.
|
K.
Off-street loading and unloading facilities.
(1)
For every building or structure or part thereof hereafter
erected and occupied for nonresidential purposes, there shall be provided
and maintained adequate space on the same premises for the parking
of commercial vehicles while loading and unloading off the street
or public alley. Such space shall have access to a public alley, or
if there is no alley, to a street. Off-street loading and unloading
space shall be in addition to and not considered as meeting a part
of the requirements for off-street parking space.
(2)
Off-street loading space shall not bar access to the
off-street parking area or any parking space.
(3)
Each off-street loading space shall be at least 15
feet in width, 40 feet in length and 14 feet in height, exclusive
of access and turning areas, except that adjacent loading spaces may
each be 12 feet in width. Where delivery service will be by tractor-trailer,
the minimum length shall be 60 feet, and the minimum width shall be
14 feet.
(4)
The required number of off-street loading spaces shall
be as follows:
(a)
For office establishments, a minimum of one
space for the first 10,000 square feet of gross floor area or portion
thereof, plus one space for each additional 15,000 square feet of
gross floor area or portion thereof, except that no spaces are required
for buildings of less than 5,000 square feet of gross floor area.
(b)
For retail, wholesale, industry, warehouse,
and service business establishments, and for restaurants, a minimum
of one space for the first 4,000 square feet of gross floor area or
portion thereof, plus one space for each additional 10,000 square
feet of gross floor area or portion thereof, except that no spaces
are required for buildings of less than 2,000 square feet of gross
floor area.
(c)
In the site plan approval process, upon consideration
of all factors entering into the loading and unloading needs of each
use, the Planning Board may make appropriate reductions in the loading
requirements of the above structures and uses and may determine reasonable
and appropriate loading requirements for structures and uses which
do not fall within the categories listed above.
A.
Outdoor storage or parking of not more than one of
each of the following shall be permitted only as an accessory use
to an occupied principal dwelling unit: boat over 15 feet, boat trailer,
cargo trailer, camping vehicle, any of which shall be owned for personal
use by a resident on the premises. Boats under 15 feet shall be permitted
as an accessory use without quantity limitation.
B.
Outdoor storage of a recreational or commercial vehicle or bus, for a period longer than 72 hours, is permitted only when owned by a resident of a principal or accessory dwelling unit, and shall not be within the minimum yards of a lot in a residential district (see § 250-23).
C.
Any such recreational or commercial vehicle or bus
shall be parked or stored only in the side or rear yard of a dwelling
unit and, if stored, shall be completely screened from roads and neighboring
properties.
D.
No vehicles shall be used for living or sleeping purposes, except as permitted in Subsection G below.
E.
No more than one commercial vehicle or bus per dwelling
unit shall be parked or stored outdoors on a residential lot. Such
limitation shall not limit indoor parking or storage.
F.
No unregistered commercial vehicle or bus shall be
allowed. A maximum of one unregistered noncommercial automobile, van
or truck shall be allowed. This subsection shall exclude vehicles
in operating condition used for agricultural operations.
G.
No property shall have placed on it an occupied camping
trailer or motor home for more than 30 days in any calendar year.
H.
Parking or storage of commercial vehicles in approved
off-street parking spaces is a permitted accessory use of a commercial
establishment.
Any excavation for the purpose of building a
pond or lake of water surface larger than one acre shall require a
pond permit issued by the Zoning Administrator.
A.
The applicant shall furnish the Town with a letter
from the Dutchess County Soil and Water Conservation District (DCSWCD)
indicating:
(1)
Property identification, location, and size of pond;
(2)
Classification of watercourses affected and Department
of Environmental Conservation (DEC) permit, if required;
(3)
Any related wetlands affected and DEC permit, if required;
(4)
Discussion of other relevant information;
(5)
Site inspection review and advice, including any soil
erosion mitigation plans, by the DCSWCD.
B.
On receipt of such information, and after payment
of any required fee, the Zoning Administrator shall issue the pond
permit.
The following regulations apply to public stables
and riding academies:
A.
The minimum lot size shall be five acres.
B.
The use of the property shall be limited to the keeping
of one horse per one acre of lot area.
C.
No building in which animals are kept shall be placed
closer to any property line than 200 feet.
D.
Manure storage shall be covered or contained in a
structure to prevent leaching when within 200 feet of any public water
supply, state-regulated wetland, or neighbor's residence.
[Amended 3-28-2000 by L.L. No. 1-2000]
The following shall apply to public utilities and transmission lines (other than commercial communications facilities, which are regulated by § 250-44):
A.
The Planning Board shall review site plans for the
construction, erection, or installation of structures and facilities
and transmission lines for public services upon the furnishing of
proof of public necessity. Such proof shall require demonstration
that the applicant is a duly constituted public utility, that the
property site is necessary to enable the applicant to render safe
and adequate service, and that no alternative sites are available
which could be used with less disruptive environmental impacts or
inconsistencies with the purposes and intent of this chapter. The
Board, in approving such a plan, may impose restrictions and conditions
which will protect private property in the vicinity and promote the
health, safety, and general welfare of the community.
B.
Any use permitted under this section shall conform to the standards of §§ 250-61, Landscaping, and 250-28, General performance standards.
C.
The provisions of this section shall not apply to
telephone, electric light and power lines usually located along public
highways carrying 5,000 volts or less (15,000 volts or less if enclosed
in a common sheath cable and suspended from wooden poles), or to local
service underground conduits, cable, gas, sewer and water mains or
pipes.
D.
Any aboveground structures related to items listed in Subsection C above, including ground transformers, multiplexors, or similar equipment placed on private property, shall:
(1)
Not require site plan review;
(2)
Not be subject to area and bulk regulations (see the
Schedule of Area and Bulk Regulations[1], except as below;
[1]
Editor's Note: The Schedule of Area and Bulk Regulations is included at the end of this chapter.
(3)
Be located a minimum of 10 feet from the public right-of-way
and be surrounded with a buffer, as herein defined, satisfactory to
the Town;
(4)
Be subject to height restrictions contained in this
chapter.
E.
Public utility transmission lines may be permitted
by the Planning Board, provided that it is clearly demonstrated that
such lines will not endanger the public or surrounding property. Planning
Board review and approval shall include consideration of alternative
routes.
F.
In densely populated areas, the Planning Board may
require that transmission lines be located underground.
G.
A right-of-way of sufficient width shall be required
to permit the safe construction and maintenance of the transmission
line and to prevent any nuisance or hazard to surrounding property.
The Planning Board may permit the erection of a transmission line
within an easement across private property, subject to these same
regulations, provided that there are adequate safeguards to prevent
any building or development within these easements. The Board shall
require suitable landscaping of the right-of-way, including planted
buffers to screen visual impacts along public roadways.
[Amended 3-28-2000 by L.L. No. 1-2000]
The following shall apply to satellite dish antennas (other than commercial communications facilities, which are regulated by § 250-44):
A.
Satellite antennas are permitted, provided that they
are in rear yards and meet all applicable provisions of this section.
If a usable satellite signal cannot be obtained from such rear yard,
the antenna may be located on the side or front yard of the property,
subject to setback requirements for accessory structures contained
in the Schedule of Area and Bulk Regulations.[1] If a usable satellite signal cannot be obtained by locating
the antenna on the rear, side or front yard of the property, such
antenna may be placed on the roof of the dwelling structure.
[1]
Editor's Note: The Schedule of Area and Bulk Regulations is included at the end of this chapter.
B.
Not more than one satellite dish television antenna
shall be allowed on any lot.
C.
The construction and installation of satellite dish
antennas shall conform to all applicable building codes and other
regulations and requirements.
D.
Satellite dish antennas shall be adequately grounded.
E.
Satellite dish antennas shall be designed and located
to minimize visual impact on adjacent property and roadways.
F.
A satellite dish antenna shall be located not less
than 10 feet from any property line or easement.
G.
A ground-mounted satellite dish antenna shall not
exceed a diameter of 16 feet or a grade height of 20 feet.
H.
Wiring between a ground-mounted satellite dish antenna
and a receiver shall be placed beneath the surface of the ground.
I.
Roof-mounted satellite dish antennas shall not be
mounted on chimneys, towers, spires or trees. Where practical, the
antenna should be placed below the ridgepole of the roof. Such antennas
shall not extend more than 20 feet above the roof and shall not exceed
a diameter of 16 feet.
The following regulations apply to sawmills:
A.
All facilities for cutting, chipping, shredding, or
other mechanical activities shall be located no closer than 200 feet
to any property line.
B.
A two-hundred-foot buffer from all property lines
shall be required, in which no placing of materials, equipment, supplies
or machinery shall be allowed; however, such requirement shall not
apply to sawmills in existence on the effective date of this chapter.
C.
No sawmill shall be permitted except where such facility
has at least 200 feet of road frontage on a state, county or two-lane
Town roadway. Access to the parcel shall be gained through this frontage.
Such requirement shall not apply to sawmills in existence on the effective
date of this chapter.
[Added 11-10-2020 by L.L.
No. 2-2020, effective 11-17-2020]
A.
Purpose and objectives. It is the intent of this section to recognize
the desire of some property owners to rent their dwelling or accessory
dwelling unit, or part thereof, on a short-term basis and establish
appropriate regulations for the use of short-term rentals in order
to protect the public health, safety, and general welfare of the people
of the Town and to further achieve the following beneficial purposes:
(1)
Preserving the residential character of the Town;
(2)
Ensuring the safety, general welfare and health of persons occupying
short-term rentals and neighboring properties;
(3)
Mitigating risks to public safety and other potential detrimental
impacts, including excessive noise, increased traffic, improper trash
disposal, and inadequate parking facilities; and
(4)
Protecting property values throughout the Town.
B.
Applicability. All short-term rentals operating in the Town at the
time of or after the effective date of this section shall submit a
short-term rental registration form or apply for a short-term rental
special use permit, as applicable, no later than six months from the
effective date of this section. Failure to do so shall be a violation
of this section. All short-term rentals shall comply with all applicable
Town Code, Dutchess County, New York State, and federal regulations.
C.
Hosted short-term rental permitting requirements.
(1)
All hosted short-term rentals must apply for a short-term rental
certificate using the application form provided by the Town and pay
the application fee set by resolution of the Town Board. A short-term
rental certificate approving the use of a dwelling or accessory dwelling
unit as a hosted short-term rental must be issued by the Zoning Administrator
prior to utilizing any dwelling or accessory dwelling unit as a hosted
short-term rental.
(2)
A short-term rental certificate is effective for one year from
the date of issuance.
(3)
A short-term rental certificate issued under this section shall require renewal by the Zoning Administrator no later than each anniversary of such issuance. The owner(s) must request the renewal in writing from the Zoning Administrator at least 90 days prior to such anniversary. Failure to do so may result in the lapse of the short-term rental certificate. Within 30 days after receipt of a renewal request, the Zoning Administrator shall review whether the short-term rental is in compliance with the terms of its short-term rental certificate. The Zoning Administrator shall have the discretion to renew, amend, or deny the renewal of the short-term rental certificate for good cause shown, which may include considerations of violations of the Town Code at the dwelling or accessory dwelling unit as well as considerations of noise (see § 250-28), disorderly conduct, or public safety at the dwelling or accessory dwelling unit.
(4)
Upon transfer of ownership, the new owner(s) must inform the
Zoning Administrator, in writing, of the ownership change before continuing
to use the dwelling or accessory dwelling unit as a short-term rental.
The name(s), address(es), phone number(s) and email address(es) of
the new owner(s), along with that of their duly authorized agent(s),
must be promptly provided to the Zoning Administrator. The new owner(s)
may renew at the expiration of the current short-term rental certificate.
(5)
In addition to the required application fee, an annual fee,
due upon each annual renewal of the short-term rental certificate,
must be paid to the Town in an amount to be set by resolution of the
Town Board. The failure to pay required fees shall be a violation
of this section.
(6)
Copies of the current Dutchess County hotel occupancy tax certificate
will be required to receive a hosted short-term rental certificate.
D.
Nonhosted short-term rental
permitting requirements.
(1)
Owner(s) seeking to use a dwelling or accessory dwelling unit as a nonhosted short-term rental must apply for and obtain a special use permit pursuant § 250-97 of the Town Code from the Planning Board prior to operating a nonhosted short-term rental. An application fee must be submitted in an amount set by resolution of the Town Board.
(2)
Nonhosted short-term rental special use permit applications
must be made to the Planning Board utilizing the application form
provided by the Town and shall contain the following information:
(a)
The name, address, email, and phone number where the owner of
the dwelling or accessory dwelling unit can be reached on a twenty-four-hour
basis.
(b)
The name, address, email, and phone number where the local agent
of the owner of the dwelling or accessory dwelling unit can be reached
on a twenty-four-hour basis, if different from the owner(s).
(c)
If the property upon which the dwelling or accessory dwelling
unit is located is served by a private septic system, the owner must
provide a septic inspection report, dated within 90 days of the date
of the application, stating the septic system was adequately functioning
for the intended use at the time of inspection. A system failure will
require a new passing inspection report.
(d)
Copies of the current Dutchess County hotel occupancy tax certificate.
(e)
Proof of $1,000,000 liability and personal injury coverage provided
by the short-term rental platform. Alternatively, if the short-term
rental platform does not provide sufficient insurance coverage, proof
of the following insurance coverage must be provided:
[1]
A rider on a homeowner's policy that expressly
covers short-term rentals and provides a minimum of $1,000,000 liability
and personal injury coverage; or
[2]
A commercial insurance policy covering short-term
rentals at the permitted address that provides a minimum of $1,000,000
liability and personal injury coverage.
(f)
Signatures of all the dwelling or accessory dwelling unit owners
and, if applicable, their authorized local agent.
(g)
As a prerequisite to the granting of the special use permit
or renewing the special use permit, the Zoning Administrator must
be allowed access to the dwelling or accessory dwelling unit for the
purpose of verifying compliance with the provisions of this section.
After the Zoning Administrator certifies that the property is in compliance
with this section, the application or renewal will be forwarded to
the Planning Board.
(h)
A visual depiction of the site, including driveways and parking
areas. This may include sketches, photos, or plans. It is not necessary
for this visual depiction to be prepared by a professional surveyor
or engineer.
(i)
A short narrative describing the owner's(s') good faith expectation
of the use of the nonhosted short-term rental. This must include the
anticipated rental nights per year, number of lodgers expected, and
whether the short-term rental will be owner-occupied at any point
during the period for which the special use permit is granted.
(3)
Nonhosted short-term rental special use permits are limited
to two per legal owner(s), regardless of the number of properties
owned.
(4)
Any special use permit issued under this section shall be in effect for one year from the date of the signed Planning Board approval letter. The special use permit shall require renewal by the Planning Board no later than each anniversary of such issuance. The owner(s) of the dwelling or accessory dwelling unit must request the renewal in writing by submitting a renewal request application on the form provided by the Town to the Zoning Administrator at least 90 days prior to such anniversary. Failure to do so may result in the lapse of the special use permit. Within 30 days after receipt of a renewal request by the Zoning Administrator, the Zoning Administrator shall review whether the short-term rental is in compliance with the terms of its special use permit and the provisions of the Town Code, and send a report to the Planning Board. The Zoning Administrator's report shall also include violations of the Town Code at the dwelling or accessory dwelling unit. The Planning Board shall have the discretion to amend the special use permit or deny renewal for good cause shown, which may include but is not limited to considerations of open violations of the Town Code at the dwelling or accessory dwelling unit as well as considerations of noise (see § 250-28), disorderly conduct, or public safety at the dwelling or accessory dwelling unit.
(5)
In addition to the required application fee, an annual fee,
due upon each annual renewal of the special use permit, must be paid
to the Town in an amount to be set by resolution of the Town Board.
The failure to pay required fees shall be a violation of this section.
(6)
Structural modifications requiring a building permit and/or
Planning Board approval made to a dwelling or accessory dwelling unit
being utilized as a nonhosted short-term rental must be issued a certificate
of occupancy prior to housing any lodgers.
(7)
If the ownership of a dwelling or accessory dwelling unit used
as a nonhosted short-term rental changes, the new owner(s) must inform
the Zoning Administrator, in writing, of the ownership change before
continuing to use the dwelling or accessory dwelling unit as a short-term
rental. The name(s), address(es), phone number(s) and email address(es)
of the new owner(s), along with that of their duly authorized agent(s),
must be promptly provided to the Zoning Administrator. The new owner(s)
may renew at the expiration of the current special use permit.
E.
General requirements.
(1)
A short-term rental may only be offered in a dwelling or accessory
dwelling unit that is in lawful use for residential habitation. Short-term
rentals shall be permitted in all zoning districts.
(2)
The Zoning Administrator for hosted short-term rentals and the
Planning Board for nonhosted short-term rentals shall determine the
maximum number of lodgers allowed in any short-term rental and the
maximum number of daytime visitors permitted at any one time, taking
into account the features of the dwelling or accessory dwelling unit,
the capacity of the septic system, the proximity of adjoining residences,
the potential for noise or other disruptions to the neighborhood,
and the safety of all residents and lodgers. The maximum occupancy
of the nonhosted short-term rental is limited by the number of bedrooms,
as indicated in the certificate of occupancy, allowed for the size
of the septic tank and leach or absorption area, as set forth in the
regulations of the NYS Department of Health, Appendix 75-A of Part
75 of Title 10 of the New York Code of Rules and Regulations, as amended,
and regulations and/or standards applicable to aerobic septic systems.
The maximum number of daytime visitors permitted at any one time shall
not exceed the maximum number of permitted lodgers in the dwelling
or accessory dwelling unit used as a short-term rental. Daytime visitors
are permitted between the hours of 7:00 a.m. and 11:00 p.m.
(3)
One off-road parking space, not located on the lot's lawn or
vegetated area, must be provided per bedroom intended for lodgers'
use.
(4)
The owner(s) of a short-term rental must provide a copy of § 250-28 of the Town Code, General performance standards, to every lodger; and if the owner(s) and the lodger(s) execute a rental contract include such provision in the rental contract. A copy of § 250-28 of the Town Code must be posted in a common area of the short-term rental. The owner(s) of the dwelling or accessory dwelling unit shall use best efforts to ensure that lodgers do not create sound or disturbances, engage in disorderly conduct, or otherwise violate § 250-28 or any other provisions of the Town Code or any state law pertaining to noise or disorderly conduct. The owner(s) of the dwelling or accessory dwelling unit shall, upon notification from the Zoning Administrator or Building Inspector that lodgers have created noises or disturbances, engaged in disorderly conduct, or otherwise violated provisions of the Town Code, or any county or state law, promptly use best efforts to cease and prevent a recurrence of such conduct.
(5)
A short-term rental shall not advertise the availability of
the short-term rental in any front, rear or side yard of a lot. No
advertisements regarding the use of the dwelling or accessory dwelling
unit as a short-term rental shall be visible from exterior of the
dwelling or accessory dwelling unit. A short-term rental shall not
have any signs indicating it is a short-term rental or other outside
appearance indicating such use.
(6)
All short-term rentals shall post a clearly visible notice within
the dwelling or accessory dwelling unit on or adjacent to the front
door of the dwelling or accessory dwelling unit which contains the
following information:
(a)
The name of the owner(s) of the short-term rental and/or their
authorized local agent and a telephone number at which each can be
reached on a twenty-four-hour basis.
(b)
The 911 address of the short-term rental for fire and/or medical
emergencies.
(c)
The maximum number of lodgers permitted to stay in the short-term
rental and the maximum number of adult daytime visitors.
(d)
The requirement that all lodgers and visitors to the dwelling
or accessory dwelling unit must park in the available parking areas
on such lot and not in or along any public roadway or on any lawn
or vegetated area on such lot.
(e)
Instructions on the handling of trash and notification that
trash and refuse shall not be left or stored on the exterior of the
lot, unless in a sealed trash receptacle.
(f)
Emergency evacuation instructions, with a drawing of the premises
included.
(7)
All dwellings and accessory dwelling units used as short-term
rentals must comply with the following requirements:
(a)
All provisions and requirements of the Uniform Code, as amended.
(b)
Contain smoke and carbon monoxide detectors in appropriate locations
as required by the Uniform Code, as amended.
(c)
Contain GFCI outlets in appropriate locations as required by
the Uniform Code, as amended.
(d)
For dwellings and accessory dwelling units that have laundry
facilities, a metal dryer exhaust to the exterior of the dwelling
or accessory dwelling unit.
(e)
Contain at least one ten-pound ABC-type fire extinguisher on
each floor of the dwelling or accessory dwelling unit. Such fire extinguisher
shall be conspicuously located and be certified as having been duly
and timely inspected.
(f)
All stairs, porches, and decks, both indoor and outdoor, shall
be properly illuminated and safe, as determined by the Building Inspector.
(g)
The entrance to the driveway on the lot upon which the dwelling
or accessory dwelling unit is located must contain a reflective four-inch-high
address number posted three feet high and visible from both directions.
(8)
As a prerequisite to granting or renewing a short-term rental
certificate or a short-term rental special use permit, the Zoning
Administrator must be allowed access to the dwelling or accessory
dwelling unit for the purpose of verifying compliance with the provisions
of this section.
F.
Enforcement.
(1)
Upon the discovery of any violations of this § 250-69.1, the Zoning Administrator is authorized to issue an order to remedy and/or stop-work order in accordance with § 250-89E and F of the Town Code prohibiting the further use of the dwelling or accessory dwelling unit as a short-term rental. The Zoning Administrator is also authorized to issue an appearance ticket for violations of this section in accordance with § 250-89G of the Town Code.
(2)
Any violation of this § 250-69.1 shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in § 250-102. Enforcement proceedings may be commenced in Town of Clinton Justice Court by the Zoning Administrator, the Attorney for the Town or Town Attorney. Any enforcement action must be authorized pursuant to a Town Board resolution. Additionally, upon the approval of the Town Board, the Zoning Administrator and/or the Town Attorney or Attorney for the Town are also authorized to commence a suit in any court of competent jurisdiction to enjoin the use of the dwelling or accessory dwelling unit as a short-term rental, as well as seek monetary damages, fines and penalties.
(3)
A violation of this section is hereby declared to be a Violation Zoning Enhanced, punishable as set forth in Chapter 137, Fines and Penalties.
[1]
Editor's Note: This local law also repealed former Subsection
F(3) through (6), which immediately followed this subsection and provided
severability, statutory authority, superseding, and effective date
provisions, respectively.
The following regulations shall apply to signs:
A.
Purposes.
(1)
To promote and protect the public health, welfare
and safety by regulating existing and proposed outdoor advertising
and signs.
(2)
To protect property values, create a more attractive
economic and business climate, enhance and protect the physical appearance
of developed areas of the community, and preserve the scenic and natural
beauty of less developed areas.
(3)
To reduce sign or advertising distractions and obstructions
that may contribute to traffic accidents and reduce hazards that may
be caused by signs overhanging or projecting over public rights-of-way.
(4)
To encourage the installation of appropriate signs
that harmonize with the buildings, the neighborhood and other signs
in the area and to eliminate excessive, unsightly competition for
visual attention through advertising signs.
B.
Applicability. Except as otherwise provided in Subsection H below, no sign or other advertising device shall be erected, constructed, displayed, moved, reconstructed, extended, enlarged or altered except in conformity with this chapter and, where applicable, without first obtaining a permit from the Zoning Administrator.
C.
General regulations. Signs are an accessory use only.
Signs are not permitted as a principal use.
(1)
Each sign shall pertain to a use that is conducted
on the same property on which the sign is located, except for signs,
not to exceed six square feet, identifying religious or service organizations,
and except as otherwise permitted herein.
(2)
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 lights or strings of lights. Strings of lights shall not be
used for the purpose of advertising or attracting attention to a nonresidential
use when not part of a sign.
(3)
No illuminated sign or lighting device directed on
signs shall be so placed or directed as to permit the beams and illumination
to be directed upon or beamed upon a public street, highway, sidewalk
or adjacent premises so as to cause glare or reflection that may constitute
a nuisance or traffic hazard.
(4)
Signs shall not be internally illuminated, nor be
constructed with sequins or fluorescent paint.
(5)
No sign or part thereof shall contain or consist of
moving or revolving parts. Such devices shall not be used for the
purpose of advertising or attracting attention when not part of a
sign.
(6)
No sign shall have more than two faces. Identical
signs arranged back to back may be counted as one sign. The area of
a sign without a defined background shape shall be calculated as the
smallest polygon or circle capable of enclosing the sign.
(7)
Portable freestanding or A-type signs are not permitted, except for signs permitted under Subsection H.
(8)
The location of signs shall be determined by the Planning
Board in the site plan review process, when site plan review is required.
(9)
In matters of setback from the street or road, required
yards and other such respects, freestanding signs larger than eight
square feet shall be regarded as structures within the meaning of
this chapter.
(10)
No advertising sign shall attempt or appear
to regulate, warn or direct highway traffic or to imitate or resemble
official traffic signs, signals or devices.
(11)
No sign shall be located so as to obscure any
signs displayed by a public authority; to obstruct proper sight distance
or otherwise interfere with traffic or pedestrians; to obstruct any
door, window, ventilation system, fire escape or exit; or to cause
any other hazard to public health and safety.
(12)
No sign shall be attached to any tree or utility
pole or be painted upon or otherwise directly affixed to any rock,
ledge or other natural feature.
(13)
No sign or support for any sign shall be placed
on the roof of any building.
(14)
No wall sign attached parallel to a building
shall project more than 12 inches from the face of the building.
(15)
No sign attached perpendicular to a building
shall project more than six feet from the building.
(16)
No sign shall overhang onto an adjacent property
or right-of-way unless said line is the building line, in which case
a sign may extend over the right-of-way line for a distance not exceeding
four feet.
(17)
No sign erected or maintained in the window
of a building, visible from any public or private street or highway,
shall occupy more than 25% of the area of said window.
(18)
No sign shall exceed 10 feet in height or extend
above the facade of the building to which it is attached.
(19)
Landscaping. Any permanent freestanding sign
larger than 20 square feet shall be installed in a landscaped planter
larger than the area of the sign. No freestanding sign larger than
eight square feet shall have less than three feet of open space at
the bottom, extending its entire length.
D.
Signs permitted in all districts.
(1)
No more than three signs along the frontage of a lot
which meet all other requirements herein.
(2)
One bulletin board not exceeding 15 square feet in
area for a church or other public noncommercial use.
(3)
Signs identifying real estate, apartment or subdivision
developments, not to exceed one sign per entrance where each sign
shall not exceed 12 square feet in size, and identifying only the
name of the development where such sign is located.
(4)
Temporary signs for 30 days following the initial
opening of a business establishment. These signs shall not exceed
12 square feet and one sign per street front.
(5)
Signs necessary for the identification, operation
or protection of a public utility installation.
(6)
Sign incidental to a legal process or necessary to
the public welfare.
(7)
Directional signs with valid sign permits obtained
from Dutchess County or New York State highway authorities.
(8)
A maximum of two off-premises directional signs erected
for no more than 90 days per year, with permission of the property
owner, to advertise farm products or a farm stand.
E.
Signs permitted in the hamlet districts. In addition
to those signs permitted in all districts, the following standards
apply:
(1)
Regardless of the types of signs, the total sign area
for all signs shall not exceed 10% of the front face of a building,
up to a maximum of 30 square feet. No more than one permanent freestanding
sign shall be permitted.
(2)
When there is more than one establishment on a single
lot, the following standards shall apply:
(a)
One freestanding sign not in excess of 20 square
feet may be erected identifying only the name of the center or facility
as a whole and not containing advertising matter.
(b)
Individual wall or projecting signs, totaling
not more than 10% of the area of the building face to which they are
applied, may be erected for each separate activity or establishment.
(c)
An overall sign design plan for any such center
or facility shall be required and subject to site plan review. The
design plan shall reflect a reasonable uniformity of design, lettering,
lighting, and materials.
(3)
Signs shall be designed to be compatible in terms
of materials, color and proportion with the historic character of
the buildings in the district and not obscure individual historic
features.
(4)
Gasoline stations. Total sign area shall not exceed
30 square feet, including any canopy lettering. In addition, gasoline
pumps may bear the customary signs identifying the brand, grade, price
and tax of gasoline, but no other unrelated signs, symbols, banners
or other devices may be attached. Self-service islands may display
two signs not to exceed two square feet in area per sign and to be
placed below the top edge of the island canopy.
F.
Signs permitted in AR5, AR3, C, CR1 and MR1 Districts. In addition to those signs permitted in all districts, the following standards apply: One sign per lot not to exceed 20 square feet may be erected to identify any use permitted under this chapter, excluding home occupations, which are regulated by Subsection H below.
G.
Signs permitted in the Office-Light Industry District.
In addition to those signs permitted in all districts, the following
standards apply:
(1)
Regardless of the types of signs, total sign area
for all signs shall not exceed 15% of the front face of a building,
up to a maximum of 50 square feet. Not more than one permanent freestanding
sign shall be permitted.
H.
Exceptions. The following do not require a sign permit:
(1)
One sign per lot, not exceeding two square feet in
area, identifying the occupant of the premises.
(2)
One sign per lot, not exceeding three square feet
in area, identifying a permitted home occupation.
(3)
One non-illuminated sign per lot, advertising the
sale, lease or rental of the premises upon which the sign is located
or one nonilluminated sign denoting an architect, engineer or contractor,
placed on premises where construction, repair or renovation is in
progress. Such signs shall not exceed six square feet in area, except
in the Office-Light Industry (I) District where such signs shall not
exceed a maximum of 30 square feet.
(4)
One sign per lot, not exceeding eight square feet in area, identifying a permitted farming operation or roadside stand (see § 250-75, Temporary permits).
(5)
The changing of message content, but not design or
format, on approved signs.
(6)
"No trespassing" signs, not to exceed two square feet
per sign.
(7)
Temporary signs related to political campaigns or
events of civic, philanthropic, educational, or religious institutions.
Such signs shall be limited to 12 square feet in area, and a period
not exceeding 45 days.
(8)
Memorial or historical signs, names of buildings and
dates of erection when cut or cast into any masonry, bronze, stainless
steel, wood or similar permanent material, not to exceed six square
feet in area.
(9)
Traffic or other municipal signs.
(10)
Legal notices or such temporary, emergency,
or nonadvertising signs as may be authorized by the Town Board.
(11)
U.S., state, and local flags, except when displayed
in connection with commercial or sales promotion.
(12)
Signs not visible from outside the lot upon
which they are situated.
(14)
Security system identification signs.
I.
Application. A separate application for a sign permit
is not necessary when the information required in this section is
included in an application for site plan approval. All applications
for sign permits shall contain the following information:
(1)
The name, address and telephone number of the applicant.
(2)
The location and principal use of the building, structure
or lot to which or upon which the sign is to be attached or erected.
(3)
A description, including size, of all existing signs
located on the property.
(4)
A detailed drawing showing:
(a)
A description of the sign, including size, height,
symbols, text, size of lettering, materials used, and color of lettering
or symbols and background.
(b)
A description of the construction details of
the sign.
(c)
The position and type of lighting or other extraneous
devices.
(d)
A location plan showing the position of the
sign on any building or land and its position in relation to nearby
buildings or structures, private or public roadways, and property
lines.
(5)
Written consent of the owner of the building, structure
or land to which or on which the sign is to be erected, in the event
the applicant is not the owner.
(6)
Fee (see fee schedule).
(7)
Other materials or facts deemed appropriate by the
Planning Board.
J.
Issuance of a permit.
(1)
It shall be the duty of the Zoning Administrator,
upon the filing for a sign permit, to refer such application to the
Planning Board. The Planning Board shall examine such plans, specification,
locations and other data submitted and approve said plans within 45
days if they are in compliance with all requirements of this chapter.
Upon Planning Board approval, the Zoning Administrator shall issue
a permit for the erection of the proposed sign within 15 days. In
the event that plans submitted are denied, the Zoning Administrator
shall then notify the applicant, in writing, of the reason for refusal
to issue a permit.
(2)
If the authorized sign is not erected within six months
of the day the sign permit is granted, the permit shall become null
and void and new application must be made.
K.
Removal of certain signs. Each of the nonconforming
signs or structures specified below is deemed to be sufficiently objectionable
and out of character within the zoning district in which such use
is located as to depreciate the value of other property and uses permitted
in the district and otherwise inhibit the proper, safe and orderly
development of such district. Therefore, each such nonconforming use
shall be terminated on or before the expiration of the specified period
of time after the effective date of this chapter. Said period of time
is specified herein as one that is reasonable to permit the phasing
out of such use and amortization of any remaining value.
(1)
Any sign existing on or after the effective date of
this chapter which advertises a business no longer conducted, product
no longer available, or service no longer provided on the premises
shall be removed from the premises by the owner of the sign and/or
his agent within 90 days of the effective date of this chapter or
within 30 days after receipt of written notice from the Zoning Administrator
to remove such obsolete sign, whichever date is later.
(2)
Any sign and supporting structures, unrelated to the
activity on the site, including off-premises directional signs, shall
be removed not more than three years from the effective date of this
chapter, except as permitted herein.
(3)
Signs shall be maintained in a proper state of repair,
and in full compliance with the building and electrical codes. If
any sign regulated by this chapter is unsafe or insecure, or is a
menace to the public, the Zoning Administrator shall give written
notice to the owner of the sign and the owner of the land upon which
the sign is erected, who shall remove or repair the sign, sign frame
or supports within 30 days from the date of such notice. If, after
proper written notice, such sign is not removed or repaired, the Zoning
Administrator shall revoke the permit, if applicable, issued for the
sign, and may remove or repair the sign and shall assess all costs
and expenses incurred in the removal or repair against the land or
building on which such sign was located.
A.
Purpose. The purpose of this section is to protect
the health, safety and welfare of the citizens of the Town of Clinton
by regulating site alteration and construction activities such as
excavation, filling, grading and stripping. This regulation is intended
to minimize the negative impacts resulting from site alteration and
construction which include: sedimentation, erosion, siltation, water
quality deterioration, increased flooding, washouts, property damage,
destruction of habitat, among others. The requirement for approval
of a soil erosion and sediment control plan shall serve as the primary
method by which this purpose shall be achieved.
B.
General provision. It shall be unlawful to perform
or contract to perform any site alteration and construction activities
such as excavation, filling, grading and stripping without also performing
the proper soil erosion and sedimentation control measures necessary
to prevent erosion, sedimentation, siltation, water quality deterioration,
increased flooding or stormwater drainage problems, washouts, property
damage, or destruction of habitat. Damage by any of the above factors
shall be evidence of a violation of this regulation. This regulation
applies to all property within the Town of Clinton, regardless of
whether a formal soil erosion and sediment control plan is required
to be approved as described below.
C.
Activities requiring an approved plan.
(1)
An erosion and sediment control plan shall be submitted
to and approved by the Planning Board in conjunction with any application
for special use permit, site plan approval or subdivision in which
more than 1/2 acre of topsoil is to be disturbed.[1]
(2)
Other activities requiring a separate erosion control
plan:
(a)
Any alteration of a designated wetland which
is regulated by the New York State Department of Environmental Conservation,
including draining and filling.
(b)
Any site preparation on slopes which are 15%
or steeper.
(c)
Any site preparation within the one-hundred-year
floodplain of any watercourse.
(d)
Excavation or filling which affects more than
200 cubic yards of material.
(e)
Soil stripping or grading which affects more
than 1/2 acre of ground surface within any parcel or any one subdivision.
(f)
Site preparation on any area which, in the judgment
of the Building Inspector, may cause an erosion problem.
D.
E.
Waiver of requirement. The Planning Board may waive
the requirement for a soil erosion and sediment control plan if it
determines that the site and activity proposed are unlikely to cause
any of the impacts which this section is intended to minimize.
F.
Materials to be submitted. A soil erosion and sediment
control plan shall contain proper provisions to adequately control
accelerated erosion and sedimentation and reduce the danger from stormwater
runoff on the proposed site based on the best available technology.
Four copies of materials shall be submitted to the Planning Board
to facilitate the review of interested agencies. Plans shall include:
(1)
Narrative description of activity and proposed soil
erosion and sedimentation control measures, including:
(a)
The proposed development or activity;
(b)
The schedule for grading and construction activities,
including:
(c)
The design criteria for proposed soil erosion
and sediment control measures and stormwater management facilities;
(d)
The installation, operation and maintenance
of proposed soil erosion and sediment control measures and stormwater
management facilities.
(2)
A site plan map drawn on separate sheet(s) which adheres to the general provisions required in § 250-96, Site plans, and includes the following:
G.
Application procedure.
(1)
In cases where a soil erosion and sediment control
plan is submitted in conjunction with an application for special use
permit, site plan approval or subdivision, the Planning Board shall
either approve the plan when it complies with the requirements and
objectives of this section, or deny approval when the plan does not
comply with these regulations. When a denial is issued, the Planning
Board is hereby prohibited from granting final approval for special
use permit, site plan approval or subdivision until a satisfactory
plan has been approved.
[Amended 5-11-2010 by L.L. No. 1-2010, effective 5-20-2010]
(a)
Prior to approval, the Planning Board may forward
the plan to the Town Engineer, the Conservation Advisory Committee,
or other appropriate board or consultant.
(b)
Prior to approval, the Planning Board may submit
the plan to the Dutchess County Soil and Water Conservation District.
Such referral shall be completed within 30 days after being sent.
The Planning Board may approve a plan referred to the Dutchess County
Soil and Water Conservation District if no report is received within
that time period.
(2)
In cases where an erosion and sediment control plan is required prior to the commencement of activities specified in Subsection C(2) of this section, the Planning Board shall either approve the plan when it complies with the requirements and objectives of this section, or deny approval when the plan does not comply with these regulations.
H.
Conditions relating to soil erosion and sediment control.
(1)
The estimated costs of measures required to control
soil erosion and sedimentation, as specified in the approved plan,
may be covered in a performance bond or other assurance approved by
the Town Board, as recommended by the Planning Board.
(2)
Site development shall not begin unless the erosion
and sediment control plan is approved and those control measures and
facilities in the plan scheduled prior to site development are installed
and functional.
(3)
Planned soil erosion and sediment control measures
and facilities shall be installed as scheduled according to the approved
plan.
(4)
All erosion and sediment control measures and facilities
shall be maintained in a condition which ensures compliance with the
approved plan.
(5)
The Zoning Administrator shall inspect the site to
ensure compliance with the completion dates contained in the plan.
I.
Standards. Accepted principles, methods and practices
are found in the Dutchess County Soil and Water Conservation District's
Soil Erosion and Sedimentation Control Guidebook. All plans shall
adhere to the principles set forth therein. In approving or denying
a soil erosion and sediment control plan, the Planning Board shall
use the general "Control Strategies" and more detailed standards outlined
in the Guidebook (which may be revised from time to time).
[Added 7-9-2019 by L.L.
No. 2-2019, effective 7-16-2019]
A.
Purpose and objectives. The proliferation of solar energy systems
as environmentally friendly and cheaper energy alternatives is expected
in the coming years. This equipment and the installation thereof must
be reasonably regulated to coordinate and control the same to preserve
and protect the aesthetic qualities of the Town and its neighbors.
The Town recognizes the demand for solar energy systems and the need
for the services they provide. This section regulates solar energy
system installations to ensure that any proposed solar energy system
is designed, located, and installed in accordance with the purposes
and objectives of this chapter by:
(1)
Promoting the health, safety, and welfare of the residents of
the Town.
(2)
Taking advantage of a safe, abundant, renewable, and nonpolluting
energy resource.
(3)
Decreasing the use of fossil fuels, thereby reducing the carbon
footprint of the Town.
(4)
Decreasing the cost of electricity to the owners of residential
and commercial properties, including single-family houses.
(5)
Making the community more resilient during a storm event.
(6)
Diversifying energy resources to decrease dependence on the
grid.
(7)
Mitigating the impacts of solar energy systems on environmental
resources such as important agricultural lands, forests, wildlife
and other protected resources.
(8)
Minimizing the adverse visual effects of solar energy systems
on the Town.
(9)
Protecting the natural features, aesthetics and rural character
of the Town through careful planning, design, location, buffering,
and screening.
(10)
Avoiding potential damage to adjacent properties from falling
or flying debris from solar energy systems through careful engineering
and reasonable siting of the solar energy system.
B.
Applicability.
(1)
The requirements of this section shall apply to all solar energy
systems permitted, installed, or modified in the Town after the effective
date of this section, excluding general maintenance and repair which
shall include cleaning solar panels and inverters, replacing faulty
electrical components, and updating monitoring equipment.
(3)
Modifications to an existing solar energy system that increase
a Tier 2 solar energy system's area by more than 25% of the original
land area of the solar energy system (exclusive of moving any fencing)
shall be subject to this section.
(4)
Modifications to an existing solar energy system that increase
a Tier 3 solar energy system's area by more than 10% of the original
land area of the solar energy system (exclusive of moving any fencing)
shall be subject to this section.
(5)
All solar energy systems shall be designed, erected, and installed
in accordance with all applicable codes, regulations, and industry
standards as referenced in the New York State Uniform Fire Prevention
and Building Code ("Building Code"), the New York State Energy Conservation
Code ("Energy Code"), and the Town Code.
C.
General requirements.
(1)
In its review of an application for approval of a solar energy
system, the Planning Board is authorized to require such additional
information as it may reasonably deem necessary to properly evaluate
the potential visual and public health effects of the solar energy
system, including but not limited to:
(a)
Photo simulation of the proposed solar energy system, with the
baseline pictures taken from locations approved by the Planning Board.
Use of other visual assessment methods may be considered by the Planning
Board.
(b)
Structural analysis as to the adequacy of the equipment and
structures necessary to support the solar energy system.
(2)
Issuance of permits and approvals by the Planning Board may
include review pursuant to the State Environmental Quality Review
Act (SEQRA).
D.
Permitting requirements for Tier 1 solar energy systems. All Tier
1 solar energy systems, including roof-mounted and building integrated
solar energy systems, shall be permitted in all zoning districts and
shall be exempt from site plan review or approval by the Planning
Board, subject to the following conditions for each type of solar
energy system:
(1)
Roof-mounted solar energy systems.
(a)
Roof-mounted solar energy systems shall incorporate the following
design requirements:
[1]
Solar panels on pitched roofs shall be installed
with a maximum distance of 12 inches between the roof surface and
the highest point of the system.
[2]
Solar panels on pitched roofs shall not extend
higher than the highest point of the roof surface on which they are
mounted or attached.
[3]
Solar panels on flat roofs with a parapet shall
be located no less than three feet from the parapet and shall not
extend above the top of the surrounding parapet, or more than 24 inches
above the flat surface of the roof, whichever is higher.
[4]
Solar panels on flat roofs having no parapet shall
be located no less than three feet from the edge of any part of the
roof edge and no more than 24 inches above the flat surface of the
roof.
(b)
Glare. All solar panels shall have anti-reflective coating(s).
The solar energy system shall use dark-tone, nonreflective color for
the framing supporting the solar panels. All solar panels shall be
installed so as to prevent glare that is perceptible beyond the boundaries
of the Lot on which the solar energy system is located.
(c)
Height. All Roof-Mounted solar energy systems shall comply with
the height limitations set forth in Appendix 3[1] hereto "Maximum Height Requirements."
[1]
Editor's Note: Appendix 3 is included at the end of this chapter.
(d)
The solar energy system and all of its components must be installed
in accordance with the solar energy systems manufacturer's specifications
and comply with all applicable Building Codes and the National Electrical
Code (hereinafter "NEC"), as amended.
(e)
All utility services and electrical wiring shall be underground
or shall be placed within the walls or within a conduit and attached
securely to the structure.
(f)
No signs, except for safety and signs required by any other
regulatory or permitting authority, are permitted on the solar energy
system.
(2)
Building-integrated solar energy systems shall be shown on the
plans submitted for the building permit application for the building
containing the solar energy system.
(3)
Roof-mounted solar energy systems applicants who qualify shall
utilize the New York State Unified Solar Permit Application, as amended.
All such applications shall be submitted to the Zoning Administrator.
The Zoning Administrator shall review and approve applicants who meet
the criteria and requirements contained therein. Applicants who are
approved by the Zoning Administrator shall not be subject to site
plan review and approval by the Planning Board.
E.
Permitting requirements for Tier 2 solar energy systems. Tier 2 solar
energy systems include ground-mounted solar energy systems with system
capacity up to 25 kW AC and that generate no more than 110% of the
electricity consumed on the site over the previous 12 months, or an
estimated future usage of no more 110% of the electricity consumed
on the site over the ensuing 12 months based on new construction.
All Tier 2 solar energy systems shall be permitted in all Zoning Districts
and shall be subject to site plan review or approval by the Planning
Board under the local zoning code or other land use regulations. In
addition, all Tier 2 solar energy systems shall be subject to the
following conditions:
(1)
Glare. All solar panels shall have anti-reflective coating(a).
The solar energy system shall use dark-tone, nonreflective color for
the framing supporting the solar panels. All solar panels shall be
installed so as to prevent glare that is perceptible beyond the boundaries
of the lot on which the solar energy system is located.
(2)
Setbacks. Tier 2 solar energy systems shall comply with the
setback regulations set forth in Appendix 2 hereto.[2]
[2]
Editor's Note: Appendix 2 is included at the end of this chapter.
(3)
Tier 2 solar energy systems shall comply with the height limitations
set forth in Appendix 3 hereto.[3]
[3]
Editor's Note: Appendix 3 is included at the end of this chapter.
(4)
Screening and visibility.
(a)
All Tier 2 solar energy systems shall have views eliminated
or minimized from adjacent properties by fencing or a combination
of berms, fencing, perennial vegetation and evergreen plantings. All
screening must be maintained for the life of the solar energy system
and until time as the solar energy system is decommissioned in accordance
with the requirements of Subsection G(8) below.
(b)
Solar energy equipment shall be located in a manner to reasonably
avoid and/or minimize blockage of views from surrounding properties
and shading of property to the north, while still providing adequate
solar access.
F.
Permitting requirements for Tier 3 solar energy systems. Tier 3 solar energy systems include any solar energy systems that cannot be defined as Tier 1 or Tier 2 systems. All applicants for a Tier 3 solar energy system must first consult with their electric utility to ensure sufficient hosting capacity for the planned solar energy system. The applicant shall submit proof of sufficient hosting capacity to the Town Zoning Administrator in the form of a letter from their electric utility. All Tier 3 solar energy systems are permitted through the issuance of a special use permit within the Very Low Density Agricultural Residential (AR5), Low Density Agricultural Residential (AR3), Medium Density Residential (MR1), and Office Light Industrial (I) Zoning Districts, and subject to site plan application requirements set forth in § 250-97, Special use permits. The following procedures and requirements shall apply to Tier 3 solar energy systems:
(1)
Applications for the installation of Tier 3 solar energy system shall be subject to the procedures and requirements of § 250-97 pertaining to special use permits.
(2)
Underground requirements. All on-site utility lines shall be
placed underground as permitted by the serving utility, with the exception
of the main service connection at the utility company right-of-way
and any new interconnection equipment, including without limitation
any poles, with new easements and right-of-way.
(3)
Vehicular paths. Vehicular paths within the site shall be designed
to minimize the extent of impervious materials and soil compaction.
(4)
Signage.
(a)
No signage or graphic content shall be displayed on the solar
energy systems except the manufacturer's name, equipment specification
information, safety information, and twenty-four-hour emergency contact
information. Said information shall be depicted within a maximum area
no more than six square feet per sign.
(b)
As required by the NEC, disconnect and other emergency shutoff
information shall be clearly displayed on a light reflective surface.
A clearly visible warning sign concerning voltage shall be placed
at the base of all pad-mounted transformers and substations.
(5)
Glare. All solar panels shall have anti-reflective coating(s).
The solar energy system shall use dark-tone, nonreflective color for
the framing supporting the solar panels. All solar panels shall be
installed so as to prevent glare that is perceptible beyond the boundaries
of the lot on which the solar energy system is located.
(6)
Lighting. Lighting of the solar energy systems shall be limited
to that minimally required for safety and operational purposes and
shall be reasonably shielded and downcast from abutting properties.
(7)
Tree cutting. Removal of existing trees larger than six inches
in diameter measure at four feet from the ground should be minimized
to the extent possible.
(8)
Decommissioning.
(a)
Solar energy systems that have been abandoned and/or not producing
electricity for a period of one year shall be removed at the owner
and/or operators expense, which at the owner's option may come from
any security made with the Town of Clinton as set forth in Permit
Time Frame and Abandonment, Subsection I(2).
(b)
The applicant must submit a decommissioning plan, as amended
and provided for in Appendix 4[4] hereto signed by the owner and/or operator of the solar
energy system shall be submitted by the applicant, which shall address
the following:
[1]
The cost of removing the solar energy system, required
for the purpose of determining the amount of the security bond or
the decommission agreement.
[2]
The time required to decommission and remove the
solar energy system, ancillary structures and any attendant screening
which time shall not exceed six months from the date the solar energy
system was abandoned and/or not producing electricity for a period
of one year.
[3]
The time required to restore the property to usable
condition and remove the solar energy system, ancillary structures
and any attendant screening which time shall not exceed six months
from the date the solar energy system, ancillary structures and any
attendant screening has been removed.
[4]
Editor's Note: Appendix 4 is included at the end of this chapter.
(c)
Security.
[1]
The deposit, executions, or filing with the Town
Clerk of cash, bond, or other form of security reasonably acceptable
to the Town Attorney and/or Engineer, shall be in an amount sufficient
to ensure the good faith performance of the terms and conditions of
the permit issued pursuant hereto and to provide for the removal and
restorations of the site subsequent to removal. The amount of the
bond or security shall be 125% of the cost of removal of the Tier
3 solar energy system and restoration of the property with an escalator
of 2% annually for the life of the solar energy system. The decommissioning
amount shall be reduced by the amount of the estimated salvage value
of the solar energy system.
[2]
In the event of default upon performance of such
conditions, after proper notice by registered mail and expiration
of any cure periods, the cash deposit, bond, or security shall be
deemed forfeited to the Town, which shall be entitled to maintain
an action thereon. The cash deposit, bond, or security shall remain
in full force and effect until restoration of the property as set
forth in the decommissioning plan is completed.
[3]
In the event of default or abandonment of the solar
energy system, the system shall be decommissioned as set forth in
Permit Time Frame and Abandonment, Subsection I(2) and (3).
[4]
In lieu of such a removal bond, the Planning Board,
in its discretion, may permit the owner and/or operator to enter into
a decommission agreement with the Town which provides, in relevant
part, that if the decommission of the site is not completed within
six months of the time period specified in Subsection G(8)(b)[2] above,
and/or the restoration is not completed within the time period specified
in Subsection G(8)(b)[3] above, the Town may, at its own expense,
enter the property and remove or provide for the removal of the solar
energy system; ancillary structures and any attendant screening and/or
the restoration of the site, as the case may be, in accordance with
the decommissioning plan. Such agreement shall provide, in relevant
part, that the Town may recover all expenses incurred for such activities
from the defaulting property owner and/or operator. The cost incurred
by the Town shall be assessed against the property and shall become
a lien and tax upon said property and shall be added to and assessed
as part of the taxes to be levied and assessed thereon and enforced
and collected with interest in the same manner as other taxes. This
provision shall not preclude the Town from collecting such costs and
expenses by any other manner by action in law or in equity. In the
event of any such legal proceedings, the owner and/or operator, as
the case may be, shall be liable for all legal expenses, costs and
disbursements in connection with said litigation, as awarded by a
court of competent jurisdiction. Upon a majority vote of the Planning
Board the Chairperson of the Planning Board is authorized to execute
the decommission agreement on behalf of the Town.
(9)
Site plan application. For any solar energy system requiring
a special use permit, site plan approval shall be required. Any site
plan application shall include the following information:
(a)
Property lines and physical features, including roads, for the
project site.
(b)
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, and screening vegetation
or structures.
(c)
A one or three-line electrical diagram detailing the solar energy
system layout, solar collector installation, associated components,
and electrical interconnection methods, with all NEC compliant disconnects
and over current devices.
(d)
A preliminary equipment specification sheet that documents all
proposed solar panels, significant components, mounting systems, energy
storage devices, and inverters that are to be installed. A final equipment
specification sheet shall be submitted prior to the issuance of building
permit.
(e)
Name, address, and contact information of the proposed or potential
system installer and the owner and/or operator of the solar energy
system. Such information of the final system installer shall be submitted
prior to the issuance of building permit.
(f)
Name, address, phone number, and signature of the project applicant,
as well as all the property owners, demonstrating their consent to
the application and the use of the property for the solar energy system.
(g)
Zoning District designation for the parcel(s) of land comprising
the project site.
(h)
A property operation and maintenance plan describing continuing
photovoltaic maintenance and property upkeep, such as mowing and trimming.
(i)
Erosion and sediment control and stormwater management plans
prepared to New York State Department of Environmental Conservation
standards, if applicable, and to such standards as may be established
by the Planning Board.
(10)
Prior to the issuance of the building permit or final approval
by the Planning Board, all engineering documents must be signed and
sealed by a New York State licensed professional engineer or New York
State registered architect, such engineering documents are not required
to be submitted as part of the initial application.
(11)
Special use permit standards.
(a)
Lot size. The property on which the Tier 3 solar energy system
is placed shall meet the lot size requirements set forth in Appendix
1.[5]
[5]
Editor's Note: Appendix 1 is included at the end of this chapter.
(b)
Setbacks. The Tier 3 solar energy systems shall meet the setback
requirements set forth in Appendix 2.[6]
[6]
Editor's Note: Appendix 2 is included at the end of this chapter.
(c)
Height. The Tier 3 solar energy systems shall comply with the
height limitations set forth in Appendix 3 depending on the underlying
zoning district the solar energy system is located within.
(d)
Lot coverage.
[1]
The following components of a Tier 3 solar energy
system shall be considered included in the calculations for lot coverage
requirements:
[a]
Foundation systems, typically consisting of driven
piles, monopoles, or helical screws with or without small concrete
collars.
[b]
All mechanical equipment of the solar energy system,
including any pad-mounted structure for batteries, switchboard, transformers,
or storage cells.
[c]
All required fencing.
[d]
Paved access roads servicing the solar energy system.
[2]
Lot coverage of the solar energy system, as defined
above, shall not exceed the maximum lot coverage requirement of the
underlying zoning district.
[3]
The total lot coverage of the solar energy system
shall not exceed 50% of the parcel or 10 acres, whichever is the lesser.
(e)
Fencing requirements. All mechanical equipment, including any
structure for storage batteries, shall be enclosed by a seven-foot-high
fence, as required by NEC, with a self-locking gate to prevent unauthorized
access.
(f)
Screening and visibility.
[1]
All Tier 3 solar energy systems shall have views
minimized or, if possible, eliminated from adjacent properties by
fencing or a combination of berms, fencing, and evergreen plantings
or perennial vegetation. All screening must be maintained for the
life of the solar energy system and until time as the solar energy
system is decommissioned in accordance with the requirements of Subsection
G(8).
[2]
Solar energy systems applicants shall be required
to:
[a]
Conduct a visual assessment of the visual impacts
of the solar energy system on public roadways and adjacent properties.
At a minimum, a line-of-sight profile analysis shall be provided.
Depending upon the scope and potential significance of the visual
impacts, additional impact analyses, including for example a digital
viewshed report, shall be required to be submitted by the applicant.
[b]
Submit a screening and landscaping plan to show
adequate measures to screen through landscaping, grading, or other
means so that views of solar panels and solar energy equipment shall
be minimized from public roadways and adjacent properties.
(g)
The screening and landscaping plan shall specify the locations,
elevations, height, plant species, and/or materials that will comprise
the structures, landscaping, and/or grading used to screen and/or
mitigate any adverse aesthetic effects of the system, following the
applicable rules and standards established by the Town.
(h)
Agricultural resources. For projects located on agricultural
lands the following standards and requirements shall be complied with:
[1]
Any Tier 3 solar energy system located on the areas
that consist of prime farmland or farmland of statewide importance
shall not exceed 50% of the area of prime farmland or farmland of
statewide importance on the parcel.
[2]
Tier 3 solar energy systems on prime farmland or
farmland of statewide importance shall be required to seed 20% of
the total surface area of all solar panels on the lot with perennial
vegetation.
[3]
Tier 3 solar energy systems located on prime farmland
shall be constructed in accordance with the construction requirements
of the New York State Department of Agriculture and Markets, if applicable.
[4]
Tier 3 solar energy system owners shall develop,
implement, and maintain perennial vegetation to the extent practicable
pursuant to a vegetation management plan, which shall be submitted
prior to final approval. The vegetation management plan shall provide
for perennial vegetation and foraging habitat beneficial to game birds,
songbirds, and regional fauna. To the extent practicable, when establishing
perennial vegetation and beneficial foraging habitat, the owners shall
not use prohibited or regulated invasive species as determined by
the New York State Department of Environmental Conservation.
(12)
Ownership or operating changes. If the owner or operator of
the solar energy system changes or the owner or tenant of the property
changes, the special use permit shall remain in effect, provided that
the successor owner, tenant, or operator assumes in writing all of
the obligations of the special use permit, site plan approval, decommissioning
plan, security bond and decommission agreement. A new owner, tenant,
or operator of the solar energy system shall notify the Zoning Administrator
of such change in ownership or operator within 30 days of the ownership
change.
G.
Safety.
(1)
Solar energy systems and solar energy equipment shall be certified
under the Building Code, the Energy Code and the NEC, as required
by such laws and regulations.
(2)
If storage batteries are included as part of the solar energy
system, they shall meet the requirements of the Building Code, the
Energy Code and the NEC, as required when in use and, when no longer
used, shall be disposed of in accordance with the laws and regulations
of the Town and any applicable federal, state, or county laws or regulations.
(3)
All Solar Panel installations must be performed by a qualified
installer.
(4)
Prior to operation, electrical connections must be inspected
by the Building Inspector and by an appropriate electrical inspection
person or agency, as determined by the Town.
(5)
Any connection to the public utility grid must be inspected
by the appropriate public utility.
(6)
Solar energy systems shall be maintained in good working order.
(7)
Marking of equipment.
(a)
Solar energy systems shall be marked in order to provide emergency
responders with appropriate warning and guidance with respect to isolating
the solar energy system. Materials used for marking shall be weather
resistant. For residential applications, the marking may be placed
within the main service disconnect. If the main service disconnect
is operable with the service panel closed, then the marking should
be placed on the outside cover.
(b)
For commercial application, the marking shall be placed adjacent
to the main service disconnect in a location clearly visible from
the location where the lever is operated.
H.
Permit time frame and abandonment.
(1)
The special use permit and site plan approval for a solar energy
system shall be valid for a period of 18 months, provided that a building
permit has been issued for construction or construction has commenced.
In the event construction is not completed in accordance with the
final site plan, as such plan may have been amended and approved by
the Planning Board, within 18 months after approval, the applicant
or the Town may extend the time to complete construction for 180 days.
If the owner and/or operator fails to perform substantial construction
after 24 months, the approvals shall expire.
(2)
Upon cessation of electricity generation of a solar energy system
on a continuous basis for 12 months, the solar energy system shall
be deemed abandoned and the Town may notify and instruct the owner,
tenant, or operator of the solar energy system to implement the decommissioning
plan by sending notice to the owner/or operator by regular mail. The
decommissioning plan must be completed within 180 days of the mailing
of this notification, or within the time frame specified in the decommissioning
agreement.
(3)
If the owner and/or operator fails to comply with decommissioning
upon any abandonment, the Town may, at its discretion, utilize the
bond and/or security for the removal of the solar energy system and
restoration of the site in accordance with the decommissioning plan.
If alternatively, a decommission agreement has been executed the Town
may take such action as is authorized therein.
I.
Enforcement. Any violation of this § 250-71.1 shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in § 250-102. Enforcement proceedings may be commenced in Town of Clinton Justice Court by the Zoning Administrator, the Attorney for the Town or Town Attorney. Any enforcement action must be authorized pursuant to a Town Board resolution.
A.
Purpose. It is the intent of the Town of Clinton to
preserve steep slopes to the greatest extent practicable and to regulate
their use to protect the public interest by minimizing detrimental
effects of disturbance and development of these areas. This section
is intended to protect the public from the potential negative impacts
of erosion, siltation, pollution of water supplies, slope failure,
increases in downstream runoff, alteration of significant views, and
destruction of potentially significant habitat which may result from
disturbance of steep elopes.
B.
Regulated activities. For the purpose of this section steep slopes are determined to be of two general classifications as defined in Article VIII: moderately steep slopes of 15% to 25% and extremely steep slopes over 25%. Any disturbance of lands exhibiting slopes of 15% or greater shall be subject to the special regulations contained herein, unless specifically exempted under Subsection C below.
C.
Exempt activities. The following activities are exempt
from the requirements of this section:
(1)
Any customary landscaping not involving grading, provided
such activity conforms to all other applicable ordinances, laws and
regulations;
(2)
Removal of diseased or dead timber or other vegetation
subject to routine forest management practices;
(3)
Creation of trails, paths, or corridors for the purpose
of nonvehicular human recreation or the maintenance of wildlife migration
routes or habitats, provided such activity conforms to all other applicable
ordinances, laws and regulations;
(4)
Activities on premises for which a special use permit for excavation or mining is in effect (see § 250-50);
[Amended 5-11-2010 by L.L. No. 1-2010, effective 5-20-2010]
(5)
Accepted agricultural practices.
D.
Application procedure. Applications to disturb moderately and extremely steep slopes shall be made to the Planning Board and shall accompany other application materials as required for said activity. Applications for disturbance of moderately steep slopes shall be processed in concert with applications for the primary activity. Applicants may also be required to appear before the Planning Board at the request of the Zoning Administrator or Building Inspector. Applications for disturbance of extremely steep slopes shall follow the procedures in § 250-97, Special use permits. All applications shall be accompanied by:[1]
(1)
Four copies of plans for the proposed regulated activities
drawn to a scale of not less than one inch equals 50 feet. The plans
shall show the following:
(a)
Location of proposed construction or area of
disturbance and its relationship to property lines, easements, existing
and proposed structures, roads, walls, sewage disposal systems, wells
and wetlands within 500 feet;
(b)
Estimated material quantities of excavation
or fill;
(c)
Location and size of areas of moderately and
extremely steep slopes under existing and proposed conditions, in
the area of proposed disturbance and within a distance of 500 feet;
(d)
Location of soil types in the area of proposed
disturbance and to a distance of 500 feet;
(e)
Existing and proposed adjusted contours at two-foot
intervals in the area of proposed disturbance and to a distance of
500 feet;
(f)
Cross-sections of critical slope areas;
(g)
Retaining walls, with details of construction.
Such walls over six feet high shall be signed and sealed by a professional
engineer;
(h)
Other details, including specific reports by
qualified professionals on soils, geology and hydrology, as may be
determined to be necessary.
(2)
A soil erosion and sediment control plan, if required.
E.
Approval standards for moderately steep slopes. When
considering an application which includes the disturbance of steep
slopes, the Planning Board shall seek to minimize, to the greatest
extent practicable, the negative impacts of such development. In so
doing the Planning Board shall ensure that:
(1)
Disturbance is limited by using cluster or open space
design principles whereby lots, structures, utilities and other improvements
are located in areas most suitable for development;
(2)
Roads and driveways follow natural topography, and
minimize grading;
(3)
Sewage disposal systems and wells are sited to minimize
fill requirements, and the potential for disturbance, erosion, sinking,
and slope failure;
(4)
Grading, cuts and fills are minimized and retain to
the greatest extent possible a natural appearance upon completion
of the activity;
(5)
The angle of slope created by a cut or fill does not
exceed the natural angle of repose of the soil or rock materials in
the cut or fill, except where retaining walls or other structural
stabilization is used. Generally, for soils, angles of a cut or fill
shall be no steeper than one vertical to three horizontal (33% slope);
(6)
Tops and bottoms of cuts and fills are set back from
structures and property lines a distance that will ensure the safety
of the structure and neighboring property in the event of the collapse
of the cut or fill;
(7)
Removal of rock or rock outcrop is accomplished by
labor or machines. Blasting is minimized, and any blasting that is
required is done in accordance with federal and state regulations;
(8)
Disturbance of steep slopes is undertaken in workable
units in which the disturbance can be completed within one construction
season. Areas will be seeded and planted immediately after completion
of disturbance to prevent erosion and slope failure.
F.
Approval standards for extremely steep slopes. No
disturbance shall be created on areas of extremely steep slopes as
defined herein unless a separate special use permit for their disturbance
has been issued by the Planning Board. The Planning Board shall issue
a special use permit for disturbance only if:[2]
G.
Conditions relating to the disturbance of steep slopes.
(1)
The estimated costs of measures required as part of
a plan to disturb areas of steep slopes, as specified in an approved
plan or special use permit, shall be covered in a performance bond
or other assurance in an amount recommended by the Planning Board,
reviewed by the Town's attorney, and approved by resolution of the
Town Board.[3]
(2)
The provisions of this section shall not apply to
any development, alteration or improvement of property for which final
approval shall have been obtained and not expired and the approved
work not completed prior to the effective date of this chapter.
(3)
A special use permit for the disturbance of extremely
steep slopes, unless otherwise indicated, shall expire on completion
of the acts specified and, unless otherwise indicated, shall be valid
for one year. The Planning Board may renew the special use permit
on reapplication. The Zoning Administrator or the Zoning Board of
Appeals by administrative review may suspend or revoke a special use
permit or approval for disturbance if it finds that the applicant
is in violation of that permit or approval.[4]
A.
Any outdoor swimming pool as defined within Article VIII of this chapter shall be subject to the following and any other safety measures, but only to the extent required by the New York State Uniform Fire Prevention and Building Code or other state or federal regulations:
(1)
The outdoor swimming pool shall be enclosed on all
aides by a security fence not less than four feet in height, or as
otherwise prescribed by the Uniform Code.
(2)
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.
(3)
All
residential swimming pools and commercial pools installed, constructed
or substantially modified (which means the cost of modification exceeds
50% of the market value of the pool before the damage occurred), after
December 14, 2006, must be equipped with an approved pool alarm which:[1]
(a)
Is capable of detecting a child entering the water and giving an
audible alarm when it detects a child entering the water.
(b)
Is audible poolside and at another location on the premises where
the swimming pool is located.
(c)
Is installed, used and maintained in accordance with the manufacturer's
instructions.
(d)
Meets ASTM F2208, Standard Specifications for Pool Alarms.
(e)
Is not an alarm device which is located on a person(s) or which is
dependent on a device(s) located on a person(s) for its proper operation.
B.
A private swimming pool shall not be located in any
required setback area or in front of the permitted principal use.
However, such requirement shall not apply to pools and related structures
lawfully in existence on the effective date of this chapter.
The intent of this section is to establish necessary
regulation of temporary uses in order to protect rights of property
owners and public safety. Temporary permits shall be issued by the
Zoning Administrator for the following uses, consistent with this
chapter and any other local laws. Permit fees shall be in accordance
with the Town's fee schedule established by the Town Board. Town functions,
including Community Day, shall be exempt from such permit requirement.
A.
Carnivals, fairs, circuses. A church, school, civic
association or other nonprofit organization may hold a fair, carnival,
circus, horse show or similar event upon its premises, the proceeds
of which are for the sole benefit of said applicant. Upon request,
the Zoning Administrator may issue a permit to such organization located
in the Town of Clinton to hold such an event upon premises other than
those of the applicant. The following conditions apply:
(1)
A permit for such event may be issued for a period
not to exceed three days in any one calendar year;
(2)
The applicant is responsible for cleaning the site
and removing all refuse within 48 hours after the event;
(3)
The applicant shall furnish evidence of sufficient
temporary parking and responsibility for traffic control;
(4)
The event must comply with the minimum yard and setback
requirements of the district in the Schedule of Area and Bulk Regulations.[1]
[1]
Editor's Note: The Schedule of Area and Bulk Regulations is included at the end of this chapter.
B.
Temporary buildings. Temporary buildings, including
mobile homes and storage structures, are permitted only in conjunction
with construction projects. The following specific regulations apply:
(1)
A permit for a temporary building shall be issued
by the Zoning Administrator for a period not to exceed one year. Such
permit may be renewed a maximum of one time;
(2)
All temporary buildings must conform to the area and
bulk regulations of the district as they apply to accessory uses;
(3)
No temporary building may be used as a sales office;
(4)
Any temporary building must be removed within 30 days
of the completion of the construction project or expiration or revocation
of any building permits issued thereto;
(5)
Any temporary building used or intended to be used
as a storage facility for a period exceeding seven successive days
requires a permit.
C.
Vendors, solicitors, peddlers. The following conditions
shall apply to any roadside vendor, solicitor, or peddler in the Town
of Clinton:
(1)
All vendors, solicitors, and peddlers are required
to obtain a temporary permit prior to commencing operation. Permits
shall be issued for a maximum period of two weeks within a calendar
year. No vending, soliciting, or peddling may be conducted in the
Town of Clinton without a permit;
(2)
Any such operation to be conducted on private property
shall have written consent of the property owner prior to and as a
condition for issuance of the permit. No structure, equipment, or
materials shall be erected or stored on a lot except as otherwise
permitted in this chapter;
(3)
Operating hours shall be between 8:00 a.m. and 6:00
p.m.;
(4)
No structures, stands, motor vehicles or other facilities
used for vending, soliciting, or peddling are permitted within the
public right-of-way between the hours of 6:00 p.m. and 8:00 a.m.;
(5)
Any vehicles, trailers, or other facilities used for vending, soliciting, or peddling are subject to § 250-64, Outdoor storage or parking of recreational or commercial vehicles;
(6)
Permits may only be issued for a specific location
designated by roadway name and mile marker. A new permit is required
if a change in location is desired. The permit shall be conspicuously
displayed by the vendor during hours of operation;
(7)
Only one vending permit per vendor shall be in force
at one time. A permit will not be granted for a vendor, solicitor,
or peddler where a permit has been granted to another vendor, solicitor,
or peddler to operate within one roadway mile;
(8)
No advertising, signs, or promotional materials are permitted except in accordance with § 250-70, Signs, Subsection C. Signs shall be limited to one per establishment. Signs may be either freestanding, wall-mounted or painted on, but in no case may they exceed 12 square feet. No sign may be placed in the traveled way of a road or otherwise constitute a danger to motor vehicles;
(9)
Adequate sight distance and space for safely pulling
off the roadway and parking shall be provided. However, the construction
of parking facilities for the express use of vending operations is
prohibited;
(10)
No structures, stands, motor vehicles or other
facilities used for vending are permitted within 200 feet of any residence,
intersection or on any crosswalk;
(11)
Such permit may be revoked without notice by
the Zoning Administrator, or the operation required to be moved, if
in the judgment of the Zoning Administrator or Highway Superintendent
the operation is determined to be unsafe. If the permit is revoked,
the operation shall immediately cease. Such decision to revoke for
safety reasons may be appealed to the Town Board.
(12)
Vendors, solicitors, or peddlers are required
to furnish proof of liability insurance as specified by the Town Board
in the Town's fee schedule, or if not specified, a minimum of $300,000
for property damage and injuries, including injury resulting in death,
caused by the operation of the vending business.
D.
Roadside stands. Roadside stands, as defined in Article VIII of this chapter, shall be permitted as an accessory use, with permit, subject to the following conditions:
(1)
Such stand shall not exceed 100 square feet in gross
floor area;
(2)
Such stand shall be located not less than 20 feet
from any roadway edge;
(3)
Such stand shall be solely for seasonal display and
sale of agricultural products grown principally on the premises;
(4)
Adequate sight distance and space for safely pulling
off the roadway and parking must be provided. However, the construction
of paved parking facilities for the express use of roadside stands
is prohibited;
(5)
Such permit does not have to be renewed, but may be
revoked if the roadside stand fails to meet any of the conditions
herein;
(6)
Such restrictions or permit requirement shall not
apply to farms, except that products sold shall be grown principally
on the premises.
The following regulations apply to two-family
dwellings:
A.
At least one of the dwelling units shall be owner-occupied.
Otherwise, the special use permit standards to be applied are those
for multifamily dwellings, and are permitted only in districts as
listed in the Schedule of Use Regulations.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). The Schedule of Use Regulations is included at the end of this chapter.
B.
A two-family dwelling shall require twice the acreage
specified in the District Schedule of Area and Bulk Regulations[2] for a single-family dwelling in the district in which
it is located.
[2]
Editor's Note: The District Schedule of Area and Bulk Regulations is included at the end of this chapter.
C.
Once a special use permit has been approved for a
two-family dwelling, any further subdivision of the property shall
require that the two-family unit be identified on any subdivision
plans and that the required acreage goes with the two-family dwelling;
otherwise, subdivision may not occur while a special use permit for
a two-family dwelling is in effect.[3]
D.
If a two-family dwelling is created by conversion
rather than new construction:
(1)
It must be created through conversion of a single-family
dwelling legally existing on the effective date of this chapter;
(2)
The single-family dwelling, at the time of conversion, must be on an individual lot with lot area sufficient to accommodate the requirement for a two-family dwelling unit specified in Subsection B above, and have lot width and lot frontage of no less than the minimum specified for the zoning district in the District Schedule of Area and Bulk Regulations. The lot may not be an existing nonconforming lot of less than the prescribed lot area, width, or frontage.
E.
Adequate water supply and sewage disposal facilities
shall be provided in accordance with the requirements of the Town
of Clinton and the Dutchess County Department of Health.
The following regulations apply to veterinarian's
offices and animal hospitals:
A.
Any building housing animals shall be located at least
200 feet from any property line.
B.
All outdoor areas used by animals shall be enclosed
by fencing of a type of construction and height sufficient to contain
any animal on the premises. Such areas shall be located to the side
or rear of the principal building.
C.
The office or hospital shall be operated in such a
manner as to produce no objectionable noise, odors, or other nuisances
beyond the boundaries of the site on which it is located.
D.
A minimum of 10 acres is required for boarding if
animals have access to the outside of buildings. A minimum of three
acres is required for boarding if animals do not have access to the
outside of buildings. If there are no boarding facilities, such office
shall be construed to be a "medical clinic."
[Amended 11-11-2008 by L.L. No. 2-2008]
A.
Purpose. The intent of this regulation is to minimize any negative
impacts caused by development to freshwater wetlands, watercourses,
lakes, ponds, and floodplains and to regulate their use to maximize
the public's rights to enjoy these areas. The purpose of this section
is to regulate the dredging, filling, deposition or removal of materials,
including vegetation; the diversion or obstruction of water flow;
the placement of structures in, and other uses of, the ponds, lakes,
reservoirs, natural drainage systems and freshwater wetlands located
in the Town of Clinton; and to require permits therefor; and to provide
for the protection and control of freshwater wetlands, water bodies
and watercourses.
B.
Legislative intent. The Town Board of the Town of Clinton has determined
that the public interest, health and safety and the economic and general
welfare of the residents of the Town of Clinton will be best served
by providing for the protection, preservation, proper maintenance
and use of the Town's ponds, lakes, reservoirs, water bodies, streams,
watercourses, freshwater wetlands, natural drainage systems and adjacent
land areas from encroachment, soiling, polluting or natural elimination
resulting from rapid population growth attended by commercial development,
housing, road construction and/or the disregard for natural resources.
This section is intended to protect water supplies, aquifers, stormwater
management capacity, chemical and pollutant filtration ability, habitat
and breeding environment, and recreation opportunities provided by
the Town's water resources.
C.
Regulated activities which require a permit. Except as otherwise provided in Subsection D herein concerning exempt activities or Subsection H herein concerning waiver of requirements, it shall be unlawful, in the absence of a permit issued pursuant to this section, to do any of the following activities in any wetland, watercourse or controlled area (as defined below):
(1)
Place or construct any structure.
(2)
Place or construct any part of a septic system or other type of sewage
disposal system, including a sewage treatment plant.
(3)
Construct or install any road, driveway, utilities or utility corridor,
or other improvements, including the driving of pilings or placement
of other obstructions, unless all other alternatives are clearly impractical.
(4)
Conduct any form of draining, dredging, excavation or removal of
material, either directly or indirectly.
(5)
Conduct any form of dumping, filling or depositing of material, either
directly or indirectly.
(6)
Introduce any form of pollution, including but not limited to surface
or water discharge from a sewage system, the deposition or introduction
of inorganic chemicals, animal wastes, pesticides or fertilizers and
the discharging of solid, liquid or gaseous wastes.
(7)
Alter or modify any natural features and contours or natural drainage
patterns.
(8)
Construct dams or other water control devices.
(9)
Clear-cut trees at once or over time, not regulated under § 250-71, Soil erosion and sediment control.
(10)
Create an increase or decrease in the flow, velocity or volume
of water in any wetland, watercourse, lake, or pond, excluding customary
seasonal raising and/or lowering.
(11)
Conduct any other activity that may impair the natural function(s)
of a wetland, watercourse, lake, pond, or floodplain.
D.
Exempt activities. The following activities are allowed without a
permit under this section:
(1)
The deposition or removal of the natural products of the wetlands
and adjacent areas by recreational or commercial fishing, aquaculture,
hunting or trapping, where otherwise legally permitted and regulated.
(2)
Ordinary maintenance, repair and/or replacement of existing structures
or improved areas which do not involve expansion or substantial modification,
including but not limited to bridges, roads, driveways, highways,
bulkheads, docks, piers or pilings.
(3)
Public health activities under orders and regulations of the New
York State Department of Health, provided that copies of all such
orders and regulations affecting wetlands have been filed with the
Planning Board and that the Planning Board may request modification
of such orders if it deems it necessary to implement this section.
(4)
Any actual or ongoing emergency activity which is immediately necessary
for protection and preservation of life or property or the protection
or preservation of natural resource values.
(5)
The application of nonpolluting chemicals and dyes for the purpose
of maintenance.
(6)
Accepted agricultural practices, except where alteration is being
reviewed as part of an application for site plan approval, subdivision
approval, a special permit or a variance.
(7)
All activities listed in § 24-0701(3) through (8) of the
New York Environmental Conservation Law as exempt from the permit
requirements of the New York State Department of Environmental Conservation,
and defined by 6 NYCRR 663.2 of the New York State Environmental Conservation
Rules and Regulations.
(8)
Wetlands of 12.4 acres or greater regulated by the New York State
Department of Environmental Conservation Law, Freshwater Wetlands
Act,[1] or as amended and updated, shall be regulated by the Department
of Environmental Conservation and shall not be subject to this section.
[1]
Editor's Note: See Environmental Conservation Law Art. 24,
§ 24-0101 et seq.
(9)
All activities contemplated in pending applications before the Planning
Board which have received at least preliminary approval or final approval,
provided the approval has not expired.
(10)
The installation of approved dry hydrants.
(11)
The salting and sanding of public roads by municipal and state
highway departments.
E.
Approval standards. In approving or denying any application for a
permit under this section, the Planning Board shall consider the effect
of the proposed activity on the ecology of the wetland, watercourse,
lake, pond, or floodplain, on the public health and welfare, on flood
hazards, water supply and on the maintenance and enhancement of other
benefits provided by such resources. The Planning Board shall apply
the following standards in making its determination:
(1)
The potential negative impacts of the proposed activity, and existing
and reasonably anticipated similar activities, upon neighboring land
uses and wetlands, watercourses, lakes, ponds, and floodplains should
be eliminated or minimized. Such impacts include:
(a)
Infilling or other modification of natural topographic contours;
(b)
Disturbance or destruction of natural flora and fauna;
(c)
Influx of sediments or other materials causing increased water
turbidity or substrate aggradation;
(d)
Removal or disturbance of wetland soils;
(e)
Reductions in water supply;
(f)
Interference with water circulation;
(g)
Reduction or increases in nutrients;
(h)
Influx of toxic chemicals or heavy metals;
(i)
Thermal changes in the water supply; and
(j)
Changes affecting natural aesthetic values.
(2)
The impact of the proposed activity and reasonably anticipated similar
activities upon flood flows, flood storage and water quality should
be eliminated or minimized;
(3)
The potential for damage from flooding, erosion, winds, soil limitations
and other hazards due to the activity should be eliminated or minimized;
(4)
Water supply and waste disposal facilities, on and off site and in
areas where future development can be reasonably expected, should
be adequate after the completion of the proposed activity;
(5)
The activity should be consistent with federal, state, county and
local comprehensive land use plans and regulations, including New
York State Environmental Conservation Law Article 24; and
(6)
All reasonable alternatives on the subject parcel shall have been
thoroughly explored and no other reasonable alternative is available
on a site which is not a wetland, watercourse, lake, pond, or floodplain.
F.
Application process.
(1)
The issuance of permits for regulated activities under this section
shall be the responsibility of the Planning Board, which shall be
referred all permit applications deemed to be complete by the Zoning
Administrator. Applications for permits for regulated activities shall
be filed with the Zoning Administrator. To the extent practicable,
review of any impacts on a wetland, watercourse, lake, pond, or floodplain
shall take place in concert with the review of any principal activity
being reviewed by the Planning Board.
(2)
The Planning Board may request the advice of the Conservation Advisory
Committee, consultants or interested parties prior to approving any
regulated activity.
(3)
Where an application has been made to the Zoning Administrator, Town
Board or Planning Board for an action that is subsequently determined
to require a permit pursuant to this section, a copy of the application
may be submitted as the permit application.
(4)
The applicant shall file with the Zoning Administrator an application,
in such form and with such information as the approval authority shall
prescribe. At a minimum, the following information shall be required:
(a)
A written explanation of why the proposed activity cannot be
located at another site, i.e., out of the wetland, watercourse, water
body or controlled areas.
(b)
Applications affecting the water retention capacity, water flow,
or other drainage characteristics of any wetland, watercourse or water
body shall include a statement of the impact of the project on upstream
and downstream areas, giving appropriate consideration to flood and
drought levels and the amount of rainfall.
(c)
A map showing all wetlands, watercourses, water bodies and controlled
areas on the site under review and within 200 feet of the site boundaries.
(d)
A description of the vegetative cover of the area, including
dominant species.
(e)
A description of the soil types on the site.
(f)
Where creation of a lake or pond is proposed, details of the
construction of any dams, embankments, outlets or other water control
devices and an analysis of the wetland hydrologic system, including
seasonal water fluctuation, inflow/outflow calculations and subsurface
soil, geology and groundwater conditions.
(g)
An environmental assessment form under SEQRA.
(5)
The Planning Board reserves the right to hire a consultant at the
expense of the applicant for the purpose of collecting information
necessary to make an appropriate determination of impacts on any wetland,
watercourse, lake, pond, or floodplain.
G.
Standards for permit decisions. In granting or denying or conditioning
any application for a permit, the approval authority shall consider
the following:
(1)
All evidence offered at any public hearing.
(2)
Any reports from other environmental councils, boards or commissions
and/or federal, county, state or Town agencies.
(3)
The environmental impact of the proposed action.
(4)
Irreversible and irretrievable commitments of natural resources that
would be involved in the proposed activity.
(5)
The suitability or unsuitability of the activity to the area for
which it is proposed.
(6)
The effect of the proposed activity to the protection or enhancements
of functions of wetlands, watercourses and water bodies and the benefits
they provide.
(7)
The possibility of avoiding further reduction of the wetlands', watercourses',
or water bodies' natural capacity to support desirable biological
life, prevent flooding, supply water, control sedimentation, prevent
erosion, assimilate wastes, facilitate drainage and provide recreation
and open space.
(8)
The extent to which the exercise of property rights and the public
benefit to be derived from such use may or may not outweigh or justify
the possible degradation of the wetland, watercourse or water body,
the interference with the exercise of other property rights and the
impairment or endangerment of public health, safety and welfare.
(9)
Whether the property is grandfathered by virtue of approvals predating
the adoption of Article 24 of the Environmental Conservation Law,
and the extent to which it might be deemed unfair or unreasonable
to regulate wetlands under this chapter to limit development which
is accordingly grandfathered from state regulation.
(10)
The comments of the Zoning Administrator, which shall be submitted
in writing to the Planning Board.
H.
Waiver of requirements.
(1)
Should the Planning Board determine, after review of said application
and upon recommendation of the Zoning Administrator, that an action
proposed for a regulated area is insignificant, the Planning Board
shall have the power to:
(2)
Where the Planning Board finds that any waivers are appropriate,
it shall set forth its decision and reasons therefor in writing and
file the same with the Office of the Planning Board.
I.
Findings.
(1)
Permits will be issued by the Planning Board pursuant to this section
only if the approval authority shall find that:
(a)
The proposed regulated activity is consistent with the policy
of this chapter to preserve, protect and conserve wetland, watercourse
and water body functions and the benefits derived therefrom.
(b)
The permit issued for the proposed regulated activity is at
least as restrictive as would result under application of the Freshwater
Wetlands Act of the State of New York, Environmental Conservation
Law § 24-0501 et seq.
(c)
The proposed activity is compatible with the public health and
welfare.
(d)
The proposed regulated activity cannot practicably be relocated
on site to eliminate or reduce the intrusion into the wetland, watercourse
or water body or the controlled areas adjacent thereto.
(2)
The applicant shall have the burden of proof in demonstrating that
the proposed activity will be in accordance with the policies and
provisions of this section.
J.
Permit conditions. Any permit issued pursuant to this chapter may
be issued with conditions to assure the preservation and protection
of affected wetlands, watercourses and water bodies, and compliance
with the policy and provisions of this chapter.
K.
Penalties for offenses. Any person convicted of having violated or
disobeyed any provision of this chapter, or any condition attached
by the approval authority in a permit granted pursuant to this chapter,
shall, for the first offense, be punishable by a fine of not less
than $1,000. For each subsequent offense, such person shall be punishable
by a fine of not less than $2,000 nor more than $15,000, and/or imprisonment
of not more than 15 days. Each consecutive day of the violation may
be considered a separate offense.
L.
Enforcement.
(1)
This chapter shall be enforced by the Zoning Administrator. The Town
Board may also designate other enforcement officers.
(2)
The Town is specifically empowered to seek injunctive relief restraining
any violation, threatened violation or breach of any permit condition
under the provisions of this chapter, and/or to compel the restoration
of the affected wetland, watercourse, water body or controlled areas
to its condition prior to the violation, or breach of any permit condition.
If the Town is successful in obtaining preliminary and/or permanent
injunctive relief, it shall be entitled to an award by the court of
its reasonable attorney's fees.
M.
Appeals. Any appeal from a Planning Board determination under this
section shall be made by an aggrieved party to the Supreme Court,
Dutchess County, in the manner provided by Article 78 of the Civil
Practice Law and Rules.
The following regulations apply to yard sales
and other temporary sales:
A.
Sales shall not last longer than four days.
B.
Sales shall not be held more than twice in a calendar
year.
C.
Sales shall be conducted on the owner's property.
Multiple-family sales are permitted if they are held on the property
of one of the participants.
D.
No goods purchased for resale may be offered for sale.
E.
All directional and advertising signs shall be freestanding
and removed after completion of the sale.
F.
All directional and advertising signs placed on private
property shall have the owner's permission.
G.
No directional or advertising sign may be larger than
four square feet.
