No site or structure shall be erected and no existing structure shall be moved, altered or enlarged except in conformity with the regulations for the district in which the site, structure or use is located. Where this chapter imposes greater restrictions than those imposed or required by other rules or regulations or ordinances, the provisions of this chapter shall control.
A.
In order to achieve the purposes of these regulations and in accordance with the Village of Altamont Comprehensive Plan, the Village is hereby divided into districts based on determinations as to the suitability of all areas of the community for particular uses which will protect and preserve the character and value of existing buildings and uses and encourage the appropriate use and development of land throughout the community. The districts established by this chapter, and subject to future amendments, shall be as follows (see also § 355-15 for other bulk dimensions):
[Amended 9-1-2015 by L.L. No. 2-2015]
| Base Districts | |
|---|---|
| R-40: Residential, minimum lot of 40,000 square feet | |
| R-20: Residential, minimum lot of 20,000 square feet | |
| R-15: Residential, minimum lot of 15,000 square feet | |
| R-10: Residential, minimum lot of 10,000 square feet | |
| R-10M: Residential Multifamily, minimum lot of 10,000 square feet | |
| RPO: Residential/Professional Office | |
| RCD: Residential Conservation District, minimum lot of 40,000 square feet | |
| B: General Business | |
| CBD: Central Business District | |
| PUD: Planned Unit Development | |
| RSC: Resident Senior Citizen | |
| LI: Light Industrial | |
| P: Park | |
| Overlay Districts | |
| Flood Zone |
B.
Any land hereafter annexed to the Village of Altamont shall be classified into an existing zoning district or a new zoning district created by the Board of Trustees.
[Amended 7-2-2019 by L.L. No. 1-2019]
The boundaries for each district listed as part of this chapter are the boundaries indicated by the map titled "Official Zoning Map of the Village of Altamont," dated with the effective date of this chapter, which is hereby adopted by reference and declared to be part of this chapter, and hereinafter known as the "Zoning Map."
There shall exist only one Official Zoning Map, which shall be kept in the office of the Village Clerk, and it shall bear the seal of the Village of Altamont, a certification that it is the Official Zoning Map of the Village of Altamont and its date of adoption and officially adopted revisions.
A.
In making a determination where uncertainty exists as to boundaries of any of the aforesaid districts as shown on said Zoning Map, the following rules shall apply:
(1)
Where district boundaries are indicated as approximately following the center line or right-of-way line of streets, alleys, highways, railroads or streams, such lines shall be construed to be such district boundaries.
(2)
Where district boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be said boundaries.
(3)
Whenever a district boundary divides a lot into two or more districts, the zoning regulations applicable to each portion of the lot shall apply.
(4)
Whenever any street, alley or other public way is abandoned in the manner authorized by law, the zoning adjoining each side of such street, alley or public way shall be automatically extended to the center of the former right-of-way, and all of the area included in the abandonment shall then and henceforth be subject to all regulations of the extended districts.
B.
In the event that none of the above rules is applicable, the location of such boundary, unless the same is indicated by dimension on the map, shall be determined by the Village Board upon recommendation of the Zoning Board of Appeals.
[Amended 4-5-2022 by L.L. No. 1-2022]
A.
Residential districts: R-40, R-20, R-15, R-10, R-10M, and RCD. The purposes of the residential districts are to maintain and promote suitable moderate- to high-density living environments and to protect and stabilize the residential character of the district along with compatible nonresidential uses. Generally, the residential districts are to provide for single-family homes, two-family homes, or apartments and cultural facilities such as churches, schools, philanthropic uses, public recreational uses, and other compatible uses consistent with the traditional neighborhood character of the Village of Altamont. A further purpose of the RCD is to promote lower density development while protecting sensitive environmental features and the more rural character of that part of the Village.
[Amended 7-2-2019 by L.L. No. 1-2019]
B.
Business districts: RPO and B. The purpose of these districts is to provide for the broader range of general and comparison commercial goods and services necessary to serve a number of neighborhoods and do so in an orderly fashion that maintains viability of residential areas and neighborhood commercial centers.
C.
Central Business District: CBD. The purpose of this district is to promote the maintenance, preservation, restoration, and economic use of the existing buildings and other historic structures in the center of the Village and to ensure that any infill or extension of the Village center is done in the same pattern, maintaining a pleasant and safe pedestrian environment, preserving structures with historic or architectural significance, and harmoniously integrating residential and nonresidential uses while minimizing vehicular traffic congestion. The historic structures in the downtown are vital to the siting, scale, and character of the Village and provide a model for any future development in and around this district.
D.
Planned unit development: PUD. Lands within the Village of Altamont mapped as the PUD District encompass property owned and managed by the Albany, Schenectady and Greene County Fair Association, a nonprofit, public education and historical society. The Village continues its full support of the use of this land for cultural events and events related to the Fair Association's goals as an educational showcase for agriculture history and traditions. Designation of these lands as part of a PUD District is not intended to convey or encourage a desire on the part of the Village of Altamont to interfere with such activities or to encourage the development of the land for uses other than what it is intended. Designation as a PUD District would not change current allowable uses at the Altamont Fairgrounds but is intended to regulate any future redevelopment of those lands if there is a change in use. Under its present designation as a Fair District, the land could easily be used for single-family homes, two-family homes and a variety of other uses without any standards to ensure consistency with Village character. The purpose of the PUD District is to provide flexible land use and design regulations through the use of performance criteria so that small- to large-scale neighborhoods or portions thereof can be developed in a way that incorporates a variety of residential types and limited nonresidential uses which are planned and developed as a unit. A further purpose of the PUD is to ensure that such development is consistent with the community character goals as established in the Village of Altamont Comprehensive Plan. Use and dimensional specifications elsewhere in this chapter are herein replaced by an approval process in which an approved plan becomes the basis for continuing land use decisions within that district (see §§ 355-12 and 355-14).
F.
Resident Senior Citizen District: RSC. The purpose of this district is to promote residential uses specifically for those aged over 55 years.
G.
Light Industrial District: LI. The purpose of this district is to provide a location where light industrial uses can take place without causing negative impacts on surrounding commercial or residential uses.
H.
Park District: P. Lands within this district are Village owned and operated and are dedicated to public park, recreation, and green space uses.
A.
The Use Schedule is included at the end of this chapter.
[Added 1-5-2010 by L.L. No. 1-2010]
B.
Prohibited uses. The uses hereinafter enumerated are expressly prohibited. This prohibition shall extend to any other use which, in the opinion of the Zoning Board of Appeals, as the case may be, is or is likely to be noxious or offensive by reason of the emission of odor, smoke, toxic or noisome fumes, radiation, gas, noise, vibration or excessive light, or any combination thereof, or is likely to be harmful or injurious to public health, safety or the general welfare, such as, but not limited to:
[Amended 11-7-2012 by L.L. No. 2-2012; 4-5-2022 by L.L. No. 1-2022]
(1)
Acetylene gas manufacture for commercial purposes.
(2)
Ammonia, chlorine or bleaching powder manufacture.
(3)
Arsenal.
(4)
Asphalt manufacture or refining.
(5)
Blast furnace, not including cupola or converter furnaces used in foundries and in which no wood is used as fuel.
(6)
Boiler shops, structural steel fabricating shops, and metal working shops which operate reciprocating hammers or chisels or other noise-producing electric or pneumatic tools within 100 feet of any boundary line of the premises and outside of any masonry buildings.
(7)
Brewing and aluminum powder manufacture.
(8)
Cannery.
(9)
Carbon, lampblack, shoe blacking, graphite or stone polish manufacture.
(10)
Celluloid and other cellulose products manufacture.
(11)
Cement manufacture.
(12)
Coal tar products manufacture.
(13)
Creosote treatment or manufacture.
(14)
Disinfectant and insecticide manufacture.
(15)
Distillation of coal, wood or bones.
(16)
Dump, unless operated or controlled by the Village of Altamont.
(17)
Excelsior and fiber manufacture.
(18)
Explosives, fireworks or match manufacture, assembling or storage in bulk, except the manufacture, assembling and storage in bulk of safety matches in book form.
(19)
Fat rendering.
(20)
Fertilizer manufacture or potash refining.
(21)
Fish smoking or curing.
(22)
Gas, oil or solution drilling or mining.
(23)
Glue, size or gelatin manufacture or processing involving recovery from fish or animal offal.
(24)
Incinerator.
(25)
Junkyard.
(26)
Lime, gypsum, cement, or plaster of paris manufacture, except the mixing of plaster.
(27)
Linoleum or oil cloth manufacture.
(28)
Ore reduction or the smelting of iron, copper, tin, zinc or lead.
(29)
Paint, oil, varnish, turpentine, shellac or enamel manufacture, except the mixing of wet paints.
(30)
Perfume and extract manufacture.
(31)
Petroleum refining.
(32)
Poisons manufacture: fumigants, carbon disulfide, hydrocyanic acid, acid, ethyl, stomach poisons, arsenate of lead, arsenate of calcium, hellebore and paris green, contact insecticides, lime, sulfur, nicotine, and kerosene emulsions.
(33)
Printing ink manufacture.
(34)
Radium extraction.
(35)
Storage, coloring, curing, dressing or tanning of raw or green salted hides or skins.
(36)
Rubber caoutchouc or gutta percha manufacture from crude or scrape metal, except in connection with a rubber products manufacture plant.
(37)
Salt works.
(38)
Sandpaper and emery cloth manufacture.
(39)
Slaughtering of animals, except for immediate consumption on premises or immediate retail sale.
(40)
Soap, soda ash or washing compound manufacture, except products not containing caustic soda.
(41)
Starch, glucose or dextrine manufacture.
(42)
Storage or disposal of such industrial hazardous wastes as are identified and listed as such by the New York State Commissioner of Environmental Conservation pursuant to Title 9 of Article 27 of the New York State Environmental Conservation Law.
(43)
Stockyards.
(44)
Sulferous, sulferic, nitric, picric or hydrochloric acid or other corrosive or offensive acid manufacture, or their use or storage, except on a limited scale as accessory to a permitted industry.
(45)
Tallow, grease, lard or candle manufacture or refining.
(46)
Tar distillation or the manufacture of aniline dyes.
(47)
Tar roofing or waterproofing manufacture, except where the tar or asphalt is treated at a temperature under 100° F.
(48)
Tobacco processing, exclusive of cigar or cigarette manufacture.
(49)
Vinegar, pickle or sauerkraut manufacture in bulk.
(50)
Wool pulling or scouring, except in connection with a woolen mill.
(51)
Yeast manufacture.
A.
Findings. The Village Board of the Village of Altamont finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Village of Altamont and that such damages may include destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this section is adopted.
B.
Statement of purpose. It is the purpose of this section to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(1)
Regulate uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
(2)
Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(3)
Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters;
(4)
Control filling, grading, dredging and other development which may increase erosion or flood damages;
(5)
Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands; and
(6)
Qualify for and maintain participation in the National Flood Insurance Program.
C.
Objectives. The objectives of this section are to:
(1)
Protect human life and health;
(2)
Minimize expenditure of public money for costly flood control projects;
(3)
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4)
Minimize prolonged business interruptions;
(5)
Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard;
(6)
Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
(7)
Provide that developers are notified that property is in an area of special flood hazard; and
(8)
Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
D. APPEAL AREA OF SHALLOW FLOODING AREA OF SPECIAL FLOOD HAZARD BASE FLOOD BASEMENT BUILDING CELLAR CRAWL SPACE DEVELOPMENT ELEVATED BUILDING (1) (a) (b) (2) (3) FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD BOUNDARY AND FLOODWAY MAP (FBFM) FLOOD ELEVATION STUDY FLOOD HAZARD BOUNDARY MAP (FHBM) FLOOD INSURANCE RATE MAP (FIRM) FLOOD INSURANCE STUDY FLOOD or FLOODING (1) (2) FLOODPLAIN or FLOOD-PRONE AREA FLOODPROOFING FLOODWAY FUNCTIONALLY DEPENDENT USE HIGHEST ADJACENT GRADE HISTORIC STRUCTURE (1) (2) (3) (4) LOCAL ADMINISTRATOR LOWEST FLOOR MANUFACTURED HOME MANUFACTURED HOME PARK OR SUBDIVISION MEAN SEA LEVEL MOBILE HOME NEW CONSTRUCTION ONE-HUNDRED-YEAR FLOOD or 100-YEAR FLOOD PRINCIPALLY ABOVE THE GROUND RECREATIONAL VEHICLE (1) (2) (3) (4) REGULATORY FLOODWAY START OF CONSTRUCTION STRUCTURE SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT (1) (2) VARIANCE VIOLATION ZONING BOARD OF APPEALS
Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application.
A request for a review of the local administrator's interpretation of any provision of this section or a request for a variance.
A designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one-percent or greater annual chance of flooding to an average annual depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1-A30, A99, V, VO, VE, or V1-V30. It is also commonly referred to as the base floodplain or one-hundred-year floodplain. For purposes of this section, the term "special flood hazard area (SFHA)" is synonymous in meaning with the phrase "area of special flood hazard."
The flood having a one-percent chance of being equaled or exceeded in any given year.
That portion of a building having its floor subgrade (below ground level) on all sides.
See "structure."
Has the same meaning as "basement."
An enclosed area beneath the lowest elevated floor, 18 inches or more in height, which is used to service the underside of the lowest elevated floor. The elevation of the floor of this enclosed area, which may be of soil, gravel, concrete or other material, must be equal to or above the lowest adjacent exterior grade. The enclosed crawl space area shall be properly vented to allow for the equalization of hydrostatic forces which would be experienced during periods of flooding.
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials.
A nonbasement building:
Built, in the case of a building in Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor, elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water; and
Adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood.
In the case of Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.
In the case of Zones V1-V30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building," even though the lower area is enclosed by means of breakaway walls that meet the federal standards.
The federal agency that administers the National Flood Insurance Program.
An official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The FBFM delineates a regulatory floodway along watercourses studied in detail in the Flood Insurance Study.
An examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards.
An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided.
An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
See "flood elevation study."
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection (1)(a) above.
Any land area susceptible to being inundated by water from any source. (See definition of "flooding".)
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
Has the same meaning as "regulatory floodway."
A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, and ship repair facilities. The term does not include long-term storage, manufacturing, sales, or service facilities.
The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
The person appointed by the community to administer and implement this section by granting or denying development permits in accordance with its provisions. This person is often the Building Inspector, Code Enforcement Officer, or employee of an engineering department.
Lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this section.
A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term does not include a recreational vehicle.
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum of 1988 (NAVD 88), or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
Has the same meaning as "manufactured home."
Structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the community and includes any subsequent improvements to such structure.
Has the same meaning as "base flood."
At least 51% of the actual cash value of the structure, excluding land value, is above the ground.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty truck; and
Not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in Subsection M(2) of this section.
The date of permit issuance for new construction and substantial improvements to existing structures, provided that actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement is within 180 days after the date of issuance. The actual "start of construction" means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling), or the installation of streets or walkways, or excavation for a basement, footings, piers or foundations, or the erection of temporary forms, or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
A walled and roofed building, including a gas or liquid storage tank, that is principally above the ground, as well as a manufactured home.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. The term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an "historic structure."
A grant of relief from the requirements of this section which permits construction or use in a manner that would otherwise be prohibited by this section.
The failure of a structure or other development to be fully compliant with the community's floodplain management regulations.
The Zoning Board of Appeals of the Village of Altamont.
E.
Lands to which this section applies. This section shall apply to all areas of special flood hazard within the jurisdiction of the Village of Altamont, Albany County.
F.
Basis for establishing the areas of special flood hazard.
(1)
The areas of special flood hazard for the Village of Altamont, Community Number 360002, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
(a)
Flood Insurance Rate Map Panel Numbers: 360001C0133D, 360001C0134D, whose effective date is March 16, 2015, and any subsequent revisions to these map panels that do not affect areas under our community's jurisdiction.
(b)
A scientific and engineering report entitled "Flood Insurance Study, Albany County, New York, All Jurisdictions" dated March 16, 2015.
(2)
The above documents are hereby adopted and declared to be a part of this section. The Flood Insurance Study and/or maps are on file at the Altamont Village Hall, 115 Main Street, Altamont, New York 12009.
G.
Interpretation and conflict with other laws.
(2)
In their interpretation and application, the provisions of this section shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this section are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall govern.
H.
Penalties for noncompliance. No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compliance with the terms of this section and any other applicable regulations. Any infraction of the provisions of this section by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this section or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Village of Altamont from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this section for which the developer and/or owner has not applied for and received an approved variance under Subsection O will be declared noncompliant and notification sent to the Federal Emergency Management Agency.
I.
Warning and disclaimer of liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the Village of Altamont, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
J.
Designation of the local administrator. The Building Inspector is hereby appointed local administrator to administer and implement this section by granting or denying floodplain development permits in accordance with its provisions.
K.
The Floodplain development permit.
(1)
Purpose. A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and insuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in Subsection F, without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the local administrator and may include, but not be limited to, plans, in duplicate, drawn to scale and showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
(2)
Fees. All applications for a floodplain development permit shall be accompanied by an application fee to be determined by resolution of the Village Board. In addition, the applicant shall be responsible for reimbursing the Village of Altamont for any additional costs necessary for review, inspection and approval of this project. The local administrator may require a deposit of no more than $500 to cover these additional costs.
L.
Application for a permit. The applicant shall provide the following information as appropriate. Additional information may be required on the permit application form.
(1)
The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved structure to be located in Zones A1-A30, AE or AH, or Zone A if base flood elevation data are available. Upon completion of the lowest floor, the permittee shall submit to the local administrator the as-built elevation, certified by a licensed professional engineer or surveyor.
(2)
The proposed elevation, in relation to mean sea level, to which any new or substantially improved nonresidential structure will be floodproofed. Upon completion of the floodproofed portion of the structure, the permittee shall submit to the local administrator the as-built floodproofed elevation, certified by a professional engineer or surveyor.
(3)
A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in Subsection N(2)(c), Utilities.
(4)
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in Subsection N(4), Nonresidential structures.
(5)
A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in Subsection F when notified by the local administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained.
(6)
A technical analysis, by a licensed professional engineer, if required by the local administrator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property.
(7)
In Zone A, when no base flood elevation data are available from other sources, base flood elevation data shall be provided by the permit applicant for subdivision proposals and other proposed developments (including proposals for manufactured home and recreational vehicle parks and subdivisions) that are greater than either 50 lots or five acres.
M.
Duties and responsibilities of the local administrator. Duties of the local administrator shall include, but not be limited to the following.
(1)
Permit application review. The local administrator shall conduct the following permit application review before issuing a floodplain development permit:
(a)
Review all applications for completeness, particularly with the requirements of Subsection L, Application for a permit, and for compliance with the provisions and standards of this section.
(b)
Review subdivision and other proposed new development, including manufactured home parks to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of Subsection N, Construction standards, and, in particular, Subsection N(1)(a), Subdivision proposals.
(c)
Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The local administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of Subsection N, Construction standards, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and resubmit the application.
(d)
Determine that all necessary permits have been received from those governmental agencies from which approval is required by state or federal law.
(2)
Use of other flood data.
(a)
When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate map (FIRM) but has neither produced water surface elevation data (These areas are designated Zone A or V on the FIRM.) nor identified a floodway, the local administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to Subsection L(7), as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this section.
(b)
When base flood elevation data are not available, the local administrator may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the areas of special flood hazard, for the purposes of this section.
(3)
Alteration of watercourses.
(a)
Notification to adjacent communities and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a watercourse, and submittal of evidence of such notification to the Regional Administrator, Region II, Federal Emergency Management Agency.
(b)
Determine that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
(4)
Construction stage.
(a)
In Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, upon placement of the lowest floor or completion of floodproofing of a new or substantially improved structure, obtain from the permit holder a certification of the as-built elevation of the lowest floor or floodproofed elevation, in relation to mean sea level. The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. A certificate of elevation must also be submitted for a recreational vehicle if it remains on a site for 180 consecutive days or longer (unless it is fully licensed and ready for highway use).
(b)
Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The local administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop-work order for the project unless immediately corrected.
(5)
Inspections. The local administrator and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable said inspector to certify, if requested, that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions.
(6)
Stop-work orders.
(a)
The local administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found ongoing without a development permit. Disregard of a stop-work order shall subject the violator to the penalties described in Subsection H of this section.
(b)
The local administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found noncompliant with the provisions of this section and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator to the penalties described in Subsection H of this section.
(7)
Certificate of compliance.
(a)
In areas of special flood hazard, as determined by documents enumerated in Subsection F, it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the local administrator stating that the building or land conforms to the requirements of this section.
(b)
A certificate of compliance shall be issued by the local administrator upon satisfactory completion of all development in areas of special flood hazard.
(c)
Issuance of the certificate shall be based upon the inspections conducted as prescribed in Subsection M(5), Inspections, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit.
(8)
Information to be retained. The local administrator shall retain and make available for inspection copies of the following:
N.
Construction standards.
(1)
General standards. The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in Subsection F.
(a)
Subdivision proposals. The following standards apply to all new subdivision proposals and other proposed development in areas of special flood hazard (including proposals for manufactured home and recreational vehicle parks and subdivisions):
[1]
Proposals shall be consistent with the need to minimize flood damage;
[2]
Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed so as to minimize flood damage; and
[3]
Adequate drainage shall be provided to reduce exposure to flood damage.
(b)
Encroachments.
[1]
Within Zones A1-A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements or other development (including fill) shall be permitted unless:
[a]
The applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location; or
[b]
The Village of Altamont agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Village of Altamont for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Village of Altamont for all costs related to the final map revision.
[2]
On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in Subsection F, no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless:
[a]
A technical evaluation by a licensed professional engineer shows that such an encroachment shall not result in any increase in flood levels during occurrence of the base flood; or
[b]
The Village of Altamont agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Village of Altamont for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Village of Altamont for all costs related to the final map revisions.
(2)
Standards for all structures. The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in Subsection F.
(a)
Anchoring. New structures and substantial improvement to structures in areas of special flood hazard shall be anchored to prevent flotation, collapse, or lateral movement during the base flood. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
(b)
Construction materials and methods.
[1]
New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage.
[2]
New construction and substantial improvements to structures shall be constructed using methods and practices that minimize flood damage.
[3]
Enclosed areas.
[a]
For enclosed areas below the lowest floor of a structure within Zones A1-A30, AE or AH, and also Zone A if base flood elevation data are available, new and substantially improved structures shall have fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding, designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria:
[b]
Openings may be equipped with louvers, valves, screens or other coverings or devices provided they permit the automatic entry and exit of floodwaters. Enclosed areas subgrade on all sides are considered basements and are not permitted.
(c)
Utilities.
[1]
New and replacement electrical equipment, heating, ventilating, air conditioning, plumbing connections, and other service equipment shall be located at least two feet above the base flood elevation or be designed to prevent water from entering and accumulating within the components during a flood and to resist hydrostatic and hydrodynamic loads and stresses. Electrical wiring and outlets, switches, junction boxes and panels shall also elevated or designed to prevent water from entering and accumulating within the components unless they conform to the appropriate provisions of the electrical part of the Building Code of New York State or the Residential Code of New York State for location of such items in wet locations;
[2]
New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
[3]
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters. Sanitary sewer and storm drainage systems for buildings that have openings below the base flood elevation shall be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall; and
[4]
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(3)
Residential structures.
(a)
Elevation. The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in Subsection N(1)(a), Subdivision proposals, and Subsection N(1)(b), Encroachments, and Subsection N(2), Standards for all structures.
[1]
Within Zones A1-A30, AE and AH and also Zone A if base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above two feet above the base flood elevation.
[2]
Within Zone A, when no base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated at least three feet above the highest adjacent grade.
[3]
Within Zone AO, new construction and substantial improvements shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in Subsection F (at least two feet if no depth number is specified).
[4]
Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.
(4)
Nonresidential structures. The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures located in areas of special flood hazard, in addition to the requirements in Subsection N(1)(a), Subdivision proposals, and Subsection N(1)(b), Encroachments, and Subsection N(2), Standards for all structures.
(a)
Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements of any nonresidential structure shall either:
[1]
Have the lowest floor, including basement or cellar, elevated to or above two feet above the base flood elevation; or
[2]
Be floodproofed so that the structure is watertight below two feet above the base flood elevation, including attendant utility and sanitary facilities, with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
(b)
Within Zone AO, new construction and substantial improvements of nonresidential structures shall:
[1]
Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified); or
[2]
Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in Subsection N(4)(a)[2].
(c)
If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction. A floodproofing certificate or other certification shall be provided to the local administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of Subsection N(4)(a)[2], including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.
(d)
Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.
(e)
Within Zone A, when no base flood elevation data are available, the lowest floor (including basement) shall be elevated at least three feet above the highest adjacent grade.
(5)
Manufactured homes and recreational vehicles. The following standards in addition to the standards in Subsection N(1), General standards, and Subsection N(2), Standards for all structures, apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard.
(a)
(b)
A manufactured home that is placed or substantially improved in Zones A1-A30, AE and AH shall be elevated on a permanent foundation such that the lowest floor is elevated to or above two feet above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
(c)
Within Zone A, when no base flood elevation data are available, new and substantially improved manufactured homes shall be elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement.
O.
Variance procedure.
(1)
Appeals Board.
(a)
The Zoning Board of Appeals shall hear and decide appeals and requests for variances from the requirements of this section.
(b)
The Zoning Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the local administrator in the enforcement or administration of this section.
(c)
Those aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.
(d)
In passing upon such applications the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this section and:
[1]
The danger that materials may be swept onto other lands to the injury of others;
[2]
The danger to life and property due to flooding or erosion damage;
[3]
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
[4]
The importance of the services provided by the proposed facility to the community;
[5]
The necessity to the facility of a waterfront location, where applicable;
[6]
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
[7]
The compatibility of the proposed use with existing and anticipated development;
[8]
The relationship of the proposed use to the comprehensive plan and floodplain management program of that area;
[9]
The safety of access to the property in times of flood for ordinary and emergency vehicles;
[10]
The costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding;
[11]
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
[12]
The costs of providing governmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges.
(e)
Upon consideration of the factors of Subsection O(1)(d) and the purposes of this section, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.
(f)
The local administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency upon request.
(2)
Conditions for variances.
(a)
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Subsection O(1)(d)[1] through [12] have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(b)
Variances may be issued for the repair or rehabilitation of historic structures upon determination that:
(c)
Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that:
(d)
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(e)
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(f)
Variances shall only be issued upon receiving written justification of:
[1]
A showing of good and sufficient cause;
[2]
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
[3]
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
[1]
Editor's Note: See also Subsection G(1), whereby this local law provided, in part, for the repeal of former § 355-13, Flood overlay regulations, and for its replacement with said local law.
A.
Purposes and objectives of planned unit development (PUD).
[Amended 1-5-2010 by L.L. No. 1-2010]
(1)
In order to carry out the intent of this article and the stated purposes of the PUD in § 355-11D, a planned unit development shall strive to achieve the following objectives:
(a)
Preservation of the unique traditional characteristics of the Village of Altamont through the use of appropriate architectural and landscape siting and design.
(b)
Preservation of trees, environmentally sensitive sites, outstanding natural topography and geological features while minimizing soil erosion and detrimental surface drainage.
(c)
Preservation of historic areas and maintenance of adequate greenspace and recreational areas.
(d)
Provision for adequate infrastructure with respect to transportation, utilities, recreational facilities and community services so as to avoid a negative impact on the nature of the existing community.
(e)
Opportunities for mixed-use development consisting of residential and small neighborhood-scale businesses. Businesses are designed to serve the local residents and shall augment other business locations within the Village of Altamont.
(2)
The standards of this section provide the Village Board of Trustees and Zoning Board of Appeals with a means to evaluate applications for a PUD consistent with the provisions and general intent of this chapter and the Comprehensive Plan of the Village.
[Amended 4-5-2022 by L.L. No. 1-2022]
(3)
Residential standards. A residential planned unit development may incorporate a variety of housing types, such as detached, attached or any combination thereof and may be allowed as determined to be appropriate by the Village Board.
(4)
Uses, including limited neighborhood business facilities, mixed-use structures, religious institutions, educational facilities, private and public clubs and recreational facilities, may be allowed as determined to be appropriate by the Village Board. (See § 355-12, Use Schedule, for further definition of uses within a PUD.)
B.
Standards for planned unit developments.
[Amended 1-5-2010 by L.L. No. 1-2010]
(1)
Density. The Village Board shall determine in each case the appropriate land use intensity and/or dwelling unit density for individual PUD projects. The minimum parcel size to be considered as a PUD shall be 40 acres. Business uses shall not constitute more than 20% of the acreage within a PUD of which no more than 10% of the total acreage shall be retail. The determination of land use intensity or dwelling unit density shall be thoroughly documented, including all facts, opinions and judgments justifying the selection.
(2)
Minimum yards required for permitted residential uses shall be consistent with those required for the R-10 District.
(3)
Maximum building and impervious surface coverage: 30% (of any single lot or of the net acreage of the district as a whole).
(4)
Maximum height of structures: 35 feet.
(5)
Greenspace. An area not less than a minimum of 20% of the gross development area shall be developed and maintained as common open space. Such common open space shall be developed for active recreation (with facilities) or sitting areas (with facilities) or bicycle, walking or horse trails (marked by developed paths) or undeveloped wooded areas (cleared of underbrush) or any other proposed uses found appropriate by the Village Board. Infrastructure, such as roads, sidewalks, stormwater detention ponds, and parking areas, is not considered open space.
(7)
All signage, landscaping, street design, and parking standards pursuant to applicable Village zoning and subdivision laws shall be met.
C.
Planned unit development approval standards. The Village Board shall consider and make findings regarding each of the following factors in legislating any planned unit development:
(1)
Compatibility with the surrounding area;
(2)
Harmony with the character of the neighborhood and with the traditional character of the Village of Altamont;
(3)
Need for the proposed development;
(4)
The effect of the proposed planned unit development upon the immediate area;
(5)
The effect of the proposed planned unit development on the future development of the area;
(6)
Whether the planned unit development is warranted by virtue of the design and amenities incorporated into a proposed development plan;
(7)
Whether the proposed planned unit development is in conformance with the Comprehensive Plan;
(8)
That the existing and proposed streets are adequate to carry anticipated traffic in and around the proposed district;
(9)
That the existing and proposed utility services are adequate for the proposed development; and
(10)
That the planned unit development makes it possible for the creation of a more creative, innovative, and efficient use of the property than would occur over the existing land use regulations.
D.
Planned unit development procedure.[2]
(1)
Village Board approval. The establishment of a planned unit development in the Village of Altamont is a legislative act, similar to a rezoning. As a consequence, the establishment of a planned unit development requires the approval of the Board of Trustees of the Village of Altamont. Because the establishment of a planned unit development is a legislative act, the Board of Trustees of the Village of Altamont has the same amount of discretion in deciding whether to adopt a planned unit development proposal as its does for any other legislative act. The Village Board of Trustees may adopt a planned unit development only if it complies with the standards set forth above and is in accordance with the letter and spirit of the adopted Comprehensive Plan of the Village of Altamont.
(a)
The Village Board of Trustees must also find that the property proposed for a planned unit development is 40 acres or more in size and that the land is under single ownership. Additionally, creation of a planned unit development is subject to the State Environmental Quality Review Act (Article 8 of the New York State Environmental Conservation Law).
(b)
The Village Board of Trustees shall, prior to establishing a planned unit development, submit such proposal to the Village of Altamont Zoning Board of Appeals and receive a recommendation from said Board. The Zoning Board of Appeals' review at this time shall not be a full site plan or subdivision review but oriented to whether such proposed PUD is consistent with the Comprehensive Plan of the Village and should be established. The Village Board may also, at its discretion, consult with any engineer, attorney, planner, or other such professional at the applicant's expense.
[Amended 4-5-2022 by L.L. No. 1-2022]
(c)
The Village Board of Trustees may, after receiving a recommendation from the Zoning Board of Appeals, approve the general outline of the proposed PUD. This approval shall include establishment of the uses and densities that are allowable in the planned unit development as well as whether they are permitted uses or uses subject to special use permits and site plan approval.
[Amended 4-5-2022 by L.L. No. 1-2022]
(2)
Zoning Board of Appeals approval. The adoption of a planned unit development by the Village Board of Trustees does not constitute subdivision, site plan or special permit approval. Once the general development plan of the PUD is approved, it is then the responsibility of the Zoning Board of Appeals to approve site plans, subdivisions, and special use permits (if applicable) for the approved plan.
[Amended 4-5-2022 by L.L. No. 1-2022]
(3)
Application requirements. The application for a planned unit development and six copies shall be submitted to the Village Clerk at least 20 business days before the next meeting of the Village Board of Trustees. The application shall consist of the following:
(a)
A site map (drawn to scale) showing the entire parcel of land proposed for the planned unit development, the location of proposed uses and major buildings, the proposed development density, proposed uses and housing types (if applicable), layout of roads, location of all entrances to the planned unit development parcel of land, and all proposed open spaces. Specifically it shall show:
[1]
General topographical and subsoil conditions, nearby historic and/or public areas, and existing natural features and identify adjacent properties and their ownership.
[2]
Proposed lot lines, land use areas, tree lines, natural features to be preserved, proposed traffic circulation (vehicular and pedestrian), ingress and egress, including identification of existing public roads to be utilized, approximate parking and loading areas, and accommodations for emergency vehicles.
[3]
Existing structures, existing utilities and deeded rights-of-way.
[4]
Proposed landscaping and green space plan.
[5]
Schematics of typical structures proposed.
[6]
Proposed utilities (public or private), including electric, water supply, sewer and stormwater drainage facilities to be constructed (below-grade utility corridors preferred).
[7]
Proposed construction sequence (phasing) for buildings, recreation areas and green space.
[8]
Proposed PUD name and proposed street names.
(b)
A narrative and illustration describing the design and architectural policies for the planned unit development, the developer's proposed treatment of environmentally sensitive lands (if any), and a time frame for phased development (if applicable).
(c)
A completed application form supplied by the Village.
(d)
A completed environmental assessment form (EAF) Part 1.
(e)
Legal description of the property to be developed.
(4)
Review of application. The Village Board of Trustees may engage experts, including but not limited to professional planners, architects, attorneys and engineers, in reviewing the planned unit development proposal. The reasonable expense of engaging such experts shall be charged to the applicant.
(5)
Within 31 days of receipt of the application, the Village Board shall refer the application, sketch plan and EAF to the Village Zoning Board of Appeals. The Zoning Board of Appeals will forward a copy of the application, sketch plan and EAF to the Albany County Planning Board pursuant to General Municipal Law § 239-m. However, if the Village Board determines that the proposal does not merit review because it does not meet the objectives of this chapter or the Village's Comprehensive Plan, it shall so notify the applicant and shall not refer the application to the Zoning Board of Appeals or the County Planning Board, and no further action on the application shall be taken.
[Amended 4-5-2022 by L.L. No. 1-2022]
(6)
Zoning Board of Appeals procedures. The Zoning Board of Appeals shall provide to the Village Board of Trustees an advisory opinion on the proposed planned unit development after receiving a complete application for a planned unit development and before the next meeting of the Village Board of Trustees following the Zoning Board of Appeals' receipt of the planned unit development application. Alternatively, the Zoning Board of Appeals may request additional information reasonably related to the planned unit development application. If the Zoning Board of Appeals requests additional information, its time to render an advisory opinion is extended to the next meeting of the Village Board of Trustees following receipt of such additional information. The time of receipt of such information shall be deemed to be the date of the regular meeting following submission of the information to the Zoning Board of Appeals.
[Amended 4-5-2022 by L.L. No. 1-2022]
(7)
Public hearing. The Village Board of Trustees shall not vote to approve a planned unit development until it has held at least one public hearing on the application following the submission of a complete application and receipt of the Zoning Board of Appeals' recommendations on the application.
[Amended 4-5-2022 by L.L. No. 1-2022]
(8)
Adoption of planned unit development. The Village Board of Trustees shall act on an application to establish a planned unit development within 90 days following receipt of the Zoning Board of Appeals' recommendations. The date of receipt of the Zoning Board of Appeals' recommendations shall be deemed to be the first regular meeting of the Village Board of Trustees following the Village Clerk's receipt of the Zoning Board of Appeals' recommendations. The failure of the Village Board of Trustees to act on a planned unit development application within this period shall not be deemed to constitute a default approval of the application. The Village Board of Trustees may adopt a planned unit development only after following the procedures described above and making written findings regarding each of the standards set forth above for adoption of a planned unit development. The approval shall include a list of permitted uses, special use permitted uses and uses requiring site plan review and any other minimum land use standards that the Village Board of Trustees deems appropriate.
[Amended 4-5-2022 by L.L. No. 1-2022]
E.
Role of the Zoning Board of Appeals after adoption of a planned unit development. The Zoning Board of Appeals' role after adoption of a planned unit development by the Village Board of Trustees is to review site plans, subdivisions, and special use permits for uses in the planned unit development pursuant to the requirements for those approvals in this chapter and in the Village of Altamont Subdivision Law.[3]
[Amended 4-5-2022 by L.L. No. 1-2022]
A.
The following chart establishes the density and dimensional requirements in the Village of Altamont.[1]
[1]
Editor's Note: The chart is included at the end of this chapter.
B.
All density requirements shall be met in all districts as per this section unless the Village of Altamont grants an incentive density bonus, as per § 355-21 and/or 355-27. Clustered subdivisions are "density neutral"; the maximum number of allowable lots to be created in a clustered subdivision shall be the same as a conventional subdivision and calculated based on the density requirements of this section.
C.
All dimensional requirements shall be met in all districts as per this section unless a clustered subdivision is proposed and approved. The Zoning Board of Appeals is hereby authorized to allow variations of all dimensional but not density requirements when approving a clustered subdivision. However, no clustered subdivision shall have lot or other bulk dimensions smaller than that allowed in the R-10 District.
[Amended 7-1-2008 by L.L. No. 2-2008; 4-5-2022 by L.L. No. 1-2022]
A.
Height exceptions. The maximum building height shall be 35 feet and the maximum height for accessory structures shall be 15 feet in residential districts and 20 feet in nonresidential districts; provided, however, that this regulation shall not apply to water towers, church spires, belfries, cupolas and domes not for human occupancy. Monuments, observation towers, transmission towers, chimneys, smokestacks, derricks, flagpoles, radio towers, masts and aerials, ventilators, skylights, water tanks and necessary appurtenances usually carried above roof level shall be screened from view with consistent architectural features. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve.
B.
Yard measurements.
(1)
No portion of a building shall extend beyond its front line, side line or rear line into any required yard, side yard or rear yard except as follows:
(a)
Open fire escape (existing, nonconforming): four feet into side or rear yards.
(b)
Cornice or eave or other similar architectural feature: three feet into any yard.
(c)
Uncovered deck or terrace: 10 feet into any yard with a five-foot minimum on a side.
(d)
Awning or movable canopy: six feet into any yard.
(2)
In the case of corner lots, a front yard of the required depth shall be provided along each road frontage.
(3)
Depth of required front yards shall be the distance between the front lot line or, alternatively, the future right-of-way line, if determined, and the closest point of the front of the proposed foundation of the principal structure, excluding all projections not exceeding three feet in length or width from the foundation.
C.
Lot grades. All structures shall be constructed or located with a ground elevation so as to provide a sloping grade to cause the surface drainage to flow away from the walls of such structures and any adjacent structures on adjacent properties. The ground grade of any lot upon which new construction or earth movement is to be conducted shall be related to existing grades and drainage systems such as to provide adequate drainage and not jeopardize such existing drainage systems and shall be approved by the Building Inspector or other such authorities having jurisdiction over such systems. Grading shall not result in a slope greater than 1:3 unless a site retaining wall is provided. The maximum height of a retaining wall shall be 30 inches.
D.
Side yards for semidetached or townhouses. Side yards for semidetached or townhouses shall be required at the ends of the total structure only.
E.
Distance between principal buildings on the same lot. No detached principal building shall be closer to any other principal building on the same lot than the average heights of said buildings.
F.
Measurement of yard dimensions. Measurements of minimum yard dimensions shall be taken from the primary face of the foundation.
G.
Antennas. The following regulations shall apply to antennas of any kind, including but not limited to radio towers, conventional television and radio antennas, satellite television antennas, whip antennas, dish antennas, inverted-V antennas, collinear antennas, yagi antennas, parabolic antennas and microwave antennas:
(1)
Purpose and intent. The purpose of this subsection is to further the health, safety and welfare of the citizens of the Village of Altamont. More specifically, the Village Board finds that the uncontrolled proliferation of broadcast receiving and transmitting antennas and communication antennas is likely to adversely affect the health, safety and general welfare of the Village. Among other things, reasonable controls contribute to the good appearance of the Village, stabilize and even increase property values, assure the safety of the owner and others, and, in general, contribute to the preservation of a pleasant community in which to work and live. This subsection is intended to comply fully with the report and order of the Federal Communications Commission (FCC 86-28) to the extent that report and order validly preempt local zoning regulation deemed unduly restrictive with respect to antennas. The Village Board hereby determines that the bulk and visual impact of antennas and towers create aesthetic problems making it appropriate to have some special limitation as to size and placement thereof.
(2)
Height and placement limitations.
(a)
In any zoning district, if the antenna is mounted on a building, no part of the antenna structure shall extend to a height of more than six feet above the surface of the roof directly beneath the antenna.
(b)
In any zoning district, no part of the antenna shall extend to a height of more than 100 feet above ground level without obtaining a special use permit from the Zoning Board of Appeals.
[Amended 1-5-2010 by L.L. No. 1-2010; 4-5-2022 by L.L. No. 1-2022]
[Added 9-1-2015 by L.L. No. 2-2015]
A.
Uses permitted in the RCD conservation area. The RCD includes 34.95 acres of land designated as an open space—conservation area. Land within the conservation area shall be used only for the purposes listed in § 355-27D(3) of the Village Code.
B.
Keyhole lots.
(1)
The RCD has keyhole lots. A keyhole lot has a buildable portion of the lot accessible to a public highway over a narrow strip of land that is part of the lot, but whose only purpose is to provide access to the buildable portion of the lot. In determining minimum lot size, no portion of the keyhole access strip shall be considered in the calculation of minimum lot size. When measuring the front yard setback of a keyhole lot, the setback shall be measured from the rear lot line of the lot adjacent to the keyhole lot and closest to the public highway. The minimum width at the building line for a keyhole lot shall be measured parallel to the street line.
C.
Enforcement of conditions and further subdivision. The Village of Altamont and its officers shall enforce all conditions and requirements listed in the Final Plan Set--The Preserve at Bozenkill Creek, dated October 2, 2013. Any further subdivisions in the RCD shall be governed by the provisions of § 355-27 of the Village Code and other applicable provisions of the Village Code.
D.
No further subdivision of land within the RCD shall be permitted.
[Added 7-2-2019 by L.L. No. 1-2019]
E.
All lots, lot sizes, and lot widths shall be according to the approved Preserve at Bozenkill Creek subdivision.
[Added 7-2-2019 by L.L. No. 1-2019]
F.
Prior to issuance of any future building permit, any lot layout plan shall indicate and delineate any wetland that may be present on the lot. Building shall avoid disturbance of any wetland and there shall be a wetland buffer area provided to protect any wetland that may be present.
[Added 7-2-2019 by L.L. No. 1-2019]
G.
Any future conservation easement developed for any lot within the RCD shall be reviewed by the Zoning Board of Appeals legal counsel as to form and content prior to building permit approval.
[Added 7-2-2019 by L.L. No. 1-2019; amended 4-5-2022 by L.L. No. 1-2022]
H.
All conditions of the Albany County Health Department shall be met.
[Added 7-2-2019 by L.L. No. 1-2019]
I.
No clear cutting of vegetation shall be allowed on any lot.
[Added 7-2-2019 by L.L. No. 1-2019]
J.
Existing vegetation shall be maintained on the Bozenkill Road side of the RCD to ensure heavy vegetation along the road to screen interior development."
[Added 7-2-2019 by L.L. No. 1-2019]
K.
No homes or disturbances shall be allowed in the floodplain."
[Added 7-2-2019 by L.L. No. 1-2019]
L.
All requirements and specifications of the Altamont Fire District shall be met for any new construction or use in the RCD.
[Added 7-2-2019 by L.L. No. 1-2019]
M.
There shall be a 100-foot buffer along the backchannel of the Bozenkill Creek as per § 355-25.
[Added 7-2-2019 by L.L. No. 1-2019]
N.
All conditions, requirements, easements, and agreements associated with any homeowner's association shall continue to be met.
[Added 7-2-2019 by L.L. No. 1-2019]
