Town of Stockport, NY Supplementary Regulations

No person shall operate or cause to be operated any source of sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category stated below when measured at or within the property boundary of the receiving land use:

Receiving Land Use Category	Time	Sound Level Limit
Residential zones (H, R, RR, CS)	6:00 a.m. to 7:00 p.m.	57 dB
	7:00 p.m. to 6:00 a.m.	53 dB
Commercial zones (CLI, AS)	7:00 a.m. to 9:00 p.m.	64 dB
	9:00 p.m. to 7:00 a.m.	60 dB

For any source of sound which emits a pure tone, a discrete tone or impulsive sound, the maximum sound limits set forth above shall be reduced by five dB.

Atmospheric effluence. No dust, dirt, smoke, odor or noxious gases that would not normally be associated with a residential or agricultural premises shall be disseminated beyond the boundaries of the lot where such use is located.

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 situated. Special efforts shall be required, such as the plating 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. All lighting fixtures shall be fully shielded so that the angle of illumination is directed downwards rather than out.

Industrial wastes. No solid or liquid wastes shall be discharged into any public sewer, common or private sewage disposal system, stream or on or into the ground, except in strict conformance with the standards approved by the Columbia County Department of Health or other duly empowered agency.

Radioactivity or electromagnetic disturbance. No activities shall be permitted which emit dangerous radioactivity beyond the building in which such activity is located or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.

Fire and explosion hazards. All activities involving storage of inflammable 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, as well as the provisions of the National Fire Protection Association (NFPA) Code, shall be fully observed. All burning of such waste materials in open fires is prohibited.

Maintenance of developed lots. All open portions of any developed lot shall have adequate grading and drainage and shall be continuously maintained in a dust-free and erosion-resistant condition by suitable landscaping with trees, shrubs, grasses or other planted ground cover or by paving with asphalt, concrete, crushed rock or by other material. Required yard areas shall be planned and maintained in such a manner as to provide an inoffensive setting which is consistent with the general use of the area.

Protection of streams and other water bodies. No alteration of watercourses, whether by excavation, filling, grading, clearing, draining, or otherwise, shall be made that affects the water levels or flow of such watercourses without review as to the effect of such alteration and any related facilities on water recharge areas, water table levels, water pollution, aquatic animal and plant life, temperature change, drainage, flooding, runoff and erosion. This review and approval of such alteration shall be made by the Planning Board in consultation with the Natural Resources Conservation Service and the NYSDEC. Where the applicant must obtain a stream disturbance or discharge permit from the NYSDEC, Planning Board approval shall be conditional on the DEC's permit approval. There shall be a one-hundred-foot setback from classified streams and 50 feet from nonregulated watercourses.

§ 120-23 Off-street parking and loading.

In all districts, at the time any new building or structure is erected, any existing building or structure enlarged or new or changed use of either land or structure established, off-street parking and loading space shall be provided in accordance with the minimum standards set forth below.

Required number of off-street parking spaces.

The minimum number of parking spaces stated in the table below shall be required in addition to one parking space for each company vehicle associated with commercial, business or light industrial use.

	Use	Number of Spaces
	Residential Use
	Single-family dwelling	2
	Two-family dwelling	3
	Multifamily dwelling	1.5 per dwelling unit
	Boarding- or rooming house or similar uses	1 per guest room, plus required spaces for occupants of other dwelling units on premises
	General Uses
	Churches, meeting halls, membership clubs, auditoriums, theaters or other places of public assembly not otherwise specified	1 per 6 seats or 75 square feet of seating area where fixed seating is not provided
	Schools	1 per 12 classroom seats or the auditorium requirement as specified above, whichever is greater
	Cultural facilities (museum, art gallery, library) or philanthropic and institutional uses	1 for each 400 square feet of gross floor area
	Hospital, convalescent home or nursing home	1 for each 2 beds
	Cottage or cabin development	1 for each cottage or cabin, plus necessary spaces for employees
	Accessory Uses
	Home occupation	1 per 125 square feet of such use, if customers or clients routinely visit the use, plus 1 per outside employee
	Business Uses
	Funeral home	1 per 5 seats within public areas
	Medical clinic and related health service offices	5 per professional, plus 1 per employee
	General or other professional offices	1 per 125 square feet of office floor area
	Retail business, store or service shop	1 per 150 square feet of retail/service floor area
	Hotel or motel	1 per guest room, plus necessary spaces for employees
	Eating and drinking establishment	1 per 3 seats or per 50 square feet of floor area available to patrons, whichever is greater, plus 1 per 75 square feet of outdoor service area
	Bowling alley, billiard hall, golf course, tennis club or similar use	4 per alley, tee, court, table or similar measure
	Light industrial uses	1 per employee on the largest shift, plus necessary spaces for visitors and company vehicles

For uses not specifically listed, the requirement shall be the same as for the most similar use listed as determined by the Planning Board at the time of special permit and/or site plan review, as provided for in Articles V and VI, respectively, of this chapter.

In the case of a combination of uses on a single parcel, the requirement for off-street parking spaces shall be the sum of the requirements for the various individual uses, unless it can be established by the applicant to the satisfaction of the Planning Board that staggered hours of use would permit reduction of this requirement.

Design standards for off-street parking spaces.

Areas which may be considered as meeting off-street parking space requirements may include a garage, carport or other properly developed area available for parking, not to include a public street.

No parking area shall encroach within 15 feet of any public right-of-way. Open parking may, however, encroach on a required side or rear yard to within five feet of a property line, except that if parking associated with a nonresidential use is abutting a residential district, a minimum fifteen-foot separation shall be maintained.

In any residential district, required parking spaces shall be fully provided in the side or rear yard of the same lot and shall not encroach on any required front yards.

In all districts, each parking space provided shall be at least nine feet wide and 20 feet in length. 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.

All parking areas shall be suitably drained. Except for one- or two-family dwellings, parking lot surfacing requirements shall be established by the Planning Board under site plan review, as provided for in Article VI, with particular consideration given to the number of vehicles accommodated and the proposed intensity and season(s) of use.

With the exception of driveways for one- and two-family residences on minor subdivision streets, all off-street parking areas shall be designed to eliminate the need to back out onto the public street, road or highway.

Required off-street loading berths. Off-street loading which is designed logically, conveniently located for bulk pickups and deliveries, scaled to delivery vehicles anticipated and accessible to said vehicles when required off-street parking spaces are filled shall be considered for all commercial and light industrial uses and provided as deemed necessary by the Planning Board during site plan review in accordance with Article VI.

§ 120-24 Signs.

No sign shall be erected, altered, relocated or maintained in any land use district except in accordance with the provisions stated herein and as per the table below.

P indicates sign is permitted as accessory use.

Sign Type	Maximum Size (square feet)	Maximum Height (feet)	District
(Refer to proper section noted in parentheses)			H	R	RR	CLI	AS	CS
Temporary construction sign [§ 120-24B.(1)]	32	8	P	P	P	P	P	P
Temporary event sign [§ 120-24B(2)]	24	6	P	P	P	P	P	P
Home occupation sign [§ 120-24C(1)]	8	6	P	P	P			P
Wall sign [§ 120-24C(2)]	24	See § 120-24C(5)	P	P	P
Wall sign [§ 120-24C(3)]	48	See § 120-24C(5)				P	P
Freestanding sign on pole [§ 120-24C(3)]	48	18				P
Freestanding sign, ground mounted [§ 120-24C(3)]	32	10	P	P	P	P
Directional sign [§ 120-24C(4)]	4 per sign (no more than 20 square feet aggregate)	5	P	P	P	P
Service entrance sign [§ 120-24C(9)]	2	5	P	P	P	P
Sandwich sign [§ 120-24C(10)]	10	4	P			P
Total number of permitted signs allowed per premises (in addition to temporary signs)			2*				1

NOTES:
*	One freestanding sign per parcel and one wall-mounted sign per business.

General standards. Any sign or use of signs, whether permitted, temporary or directional, shall conform to the following general standards. All signs shall:

At all times be maintained in a proper state of repair in full compliance with the New York State Uniform Fire Prevention and Building Code, electrical code and reasonable property maintenance standards.

Not attempt or appear to regulate, warn or direct highway traffic or to imitate or resemble official traffic signs, signals or devices.

Not project over property lines or be located within the public right-of-way.

Not rotate or otherwise move, nor shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights.

With the exception of temporary signs discussed in Subsection B herein, convey subject matter related exclusively to the premises on which the sign is located or to products, accommodations or activities on those premises.

Temporary signs. The following temporary signs are permitted without application for and issuance of a permit:

Construction signs, limited to one unlighted sign not exceeding 32 square feet in surface area and identifying the parties involved in the construction on the premises where the sign is located, but not including the advertisement of any product. Such signs shall be removed immediately upon the issuance of a certificate of occupancy and the initiation of the intended use.

Event signs, not exceeding 24 square feet in surface area, displayed on private property and limited to one such event sign per event, per each premises, announcing a campaign, drive or event of a political, civic, philanthropic, educational or religious organization, to be removed within a period of 10 days after the event.

Permitted signs. Upon filing of an application and payment of the required sign permit fee in accordance with a schedule established and reviewed annually by the Town Board and the issuance of a sign permit by the Code Enforcement Officer, the following signs shall be permitted in accordance with the identified standards related to number, size and location:

For permitted home occupations, a single sign not exceeding eight square feet in total surface area and identifying the occupation conducted on the premises. Unless attached to the principal structure, no such sign shall be located closer than 10 feet to the front property line, nor closer than 20 feet to any other property line.

For nonresidential uses within the H, R, and RR Districts, a single wall sign not exceeding 24 square feet in total surface area, except as otherwise stated by this chapter and identifying only the name of the establishment and its principal service or purpose.

For nonresidential uses within the CLI District, a single freestanding pole-mounted sign not exceeding 48 square feet, or wall sign not exceeding 48 square feet, or freestanding ground-mounted sign not exceeding 32 square feet in total surface area and identifying only the name of the establishment and its principal service or purpose. If freestanding and pole-mounted, such sign shall not exceed 18 feet in height above the finished grade nor be located closer than 15 feet to any property line or roadway edge. If freestanding and ground-mounted, such sign shall not exceed 10 feet in height above the finished grade nor be located closer than 15 feet to any property line or roadway edge.

Additionally, businesses and public destinations relating to, but isolated from, primary routes of travel to be permitted a maximum of two directional signs as a special permit use subject to the provisions of Article V, the issuance of a sign permit and the following additional requirements:

In locations with more than one directional sign, all such signs shall be affixed to a common standard and be graphically coordinated and arranged so as to present a neat and orderly appearance. Any such standard shall be designed to accommodate the later addition of further directional signs.

No directional sign shall be more than four square feet in area. In areas with more than one directional sign, the aggregate area of all such signs shall not exceed 20 square feet.

Signs shall not be mounted on roofs or extend above the roofline unless they are mounted on the face parapet wall which extends above the roof line, in which case it cannot extend above the top of the parapet.

No exterior sign shall be illuminated between the hours of 10:00 p.m. and 6:00 a.m. unless the premises on which it is located is open for business.

Any sign not in use shall be removed within six months after cessation of business.

Businesses located in corner buildings are permitted to have one sign for each street frontage.

Businesses with service entrances may identify such entrances with one sign that does not exceed two square feet.

In addition to other allowed signs, one sandwich sign per business is allowed. The sandwich sign shall not exceed 10 square feet, but can be made of wood, chalkboard or finished metal, have handwritten or painted letters, and must be located on the business property or within four feet of the main entrance to the business. Such signs shall not interfere with pedestrian circulation and must be removed at the close of business each day.

(11)

One freestanding, pole, or non-pole sign per parcel is allowed. Each business located within the parcel may have one additional sign that is building mounted only.

Exempt signs. The following signs shall be exempt from requirements of this section:

Memorial or historical signs, names of buildings, and dates of erections when cut or cast into any masonry, bronze, stainless steel or similar permanent material.

Traffic or other municipal signs.

Legal notices or such temporary, emergency, or nonadvertising signs.

A farm produce sign not exceeding six square feet.

Temporary, nonilluminated off-premises directorial signs for the convenience of the general public not exceeding two square feet in area.

Signs or bulletin boards customarily incidental to places of worship, libraries or museums, erected on the premises for purposes of displaying temporary public information notices, not exceeding 15 square feet in area.

Sign permits and sign administration.

No sign shall be erected without site plan approval from the Planning Board and a permit from the Zoning Enforcement Officer. An application to erect a sign shall be made to the Planning Board and shall include:

A scale drawing of the sign showing type of sign;

Dimensions, advertising content, materials, method and style of illumination;

Method of structural support;

Colors;

Location on the land or building in relation to buildings, roadways, driveways and sidewalks;

Name of the sign owner and person responsible for maintenance of the sign.

The Planning Board will accept a hand-drawn illustration of the sign to convey the above information. Upon approval of the sign site plan review, the Zoning Enforcement Officer shall issue a sign permit.

§ 120-25 Fences and walls.

In any residential district (H, R, RR or C), fences and walls shall not exceed seven feet in height when erected in a required side or rear yard nor exceed three feet in height when erected within 25 feet of the front lot line or highway right-of-way, except agricultural fencing, which may be five feet in height.

In the Commercial/Light Industrial District, fences and walls shall not exceed eight feet in height, except that on a residential district boundary line, such fences or walls shall be limited to six feet in height.

In any district, all such fences and walls shall additionally conform to the requirements of § 120-15B, as pertains to corner lots where special sight clearance considerations are necessary to protect traffic safety.

Fences and walls may be located in required yard areas where in full compliance with the standards provided within § 120-25 of this chapter.

§ 120-26 Excavation as part of site preparation.

Nothing contained herein shall prohibit the excavation of sand, gravel, shale, topsoil or similar material from a lot preparatory to construction of a building for which a building permit has been issued or to move such material from one part of a premises to another part of the same premises, when such excavation or removal is clearly incidental and subordinate to the approved building construction and/or site development and necessary for improving the property for a use permitted in the land use district in which the property is located. Provision shall be made to restore an effective cover crop to any area of land from which topsoil has been removed or covered within the first growing season following the start of such operation.

§ 120-27 Development near streams, wetlands and other watercourses.

In order to preserve the open character along major streams for environmental and ecological reasons, all development proposed within 100 feet of the normal stream bank of any classified stream within the Town of Stockport or within 100 feet of the boundary of a freshwater wetland, as mapped by the New York State Department of Environmental Conservation, shall be prohibited.

§ 120-28 Home occupations.

In any district, home occupations, as defined in § 120-4, shall additionally conform to the following use limitations:

A home occupation may only be conducted within a dwelling which is a bona fide residence of the principal practitioner of the occupation or in an accessory structure thereto which is normally associated with the residential use.

Not more than two such home occupations, whether low-impact or major, may occur on a single residential premises, with Subsections C, E, G, F, and H below applying to either the single home occupation or aggregate of the two home occupations occurring on the premises.

The home occupation activity, whether located within the dwelling or in a customary accessory structure, shall, in accordance with the requirements of the New York State Uniform Fire Prevention and Building Code, occupy no more than 500 square feet of gross floor area or 25% of the gross floor area of the dwelling.

No alteration to the exterior of the principal residential building or customary accessory structures used for the home occupation activity shall be made which change the character thereof as a residential premises, except that a single nonilluminated sign, not exceeding four square feet in area, shall be permitted. Any new construction undertaken to accommodate the home occupation activity shall also be wholly consistent with the character of a residential premises. There shall be no other exterior evidence of the home occupation such as for display or storage purposes or such that the exterior of the work area is altered in any way.

No outdoor display of goods or outdoor storage of equipment or materials used in the home occupation shall be permitted in the front yard of the premises. Such goods, equipment or materials may be displayed or stored elsewhere on the property if appropriately covered by a structure and/or screened by a fence or natural vegetation, provided that any such outdoor storage does not occur within 20 feet of an adjacent residential premises.

Not more than three persons other than members of the household occupying such dwelling shall be employed on the residential premises in the conduct of the home occupation.

There shall be permitted no sharing, letting or subletting of space for use by others in the conduct of their profession, trade or business.

Sufficient off-street parking shall be provided as required in § 120-23. All off-street parking shall be visually screened from adjacent structures. Off-street parking and loading shall accommodate access and egress of any supply or service vehicles to the home occupation without obstructing traffic.

No offensive noise, vibration, dust or odor, heat or glare shall be produced.

Business operation hours, lighting and signage, should be set so as not to adversely affect adjacent uses.

§ 120-29 Clustered and conservation subdivision development.

Purpose. A clustered or conservation subdivision accomplishes the purposes of this chapter by reducing the generally applicable minimum lot size and bulk requirements of the Town of Stockport Zoning for the district in which the property is located and by locating residences in those areas where development would have the least impact on identified natural and community resources. A clustered subdivision results in all dwellings being located in one location on the parcel with units being placed on smaller lots in order to preserve open space. A conservation subdivision is different in that dwellings are strategically located to protect specific environmental and open space features and these locations could be on one or more locations in the parcel and lot sizes could vary. A conservation subdivision could result in one or more clusters of residences on the parcel, but it does not necessarily have to. In conformance with the Town's Comprehensive Plan, the purposes of cluster/conservation subdivision layouts are as follows:

To conserve open land, including those areas containing unique and sensitive natural features such as steep slopes, streams, floodplains, and wetlands, by setting them aside from development.

To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads and the amount of paving required.

To provide for a diversity of lot sizes and housing choices to accommodate a variety of age and income groups.

To conserve a variety of resources lands as established in the Town of Stockport Comprehensive Plan.

To protect agricultural areas by conserving blocks of land large enough for continued agricultural operations.

To create neighborhoods with direct visual or physical access to open land and that have strong neighborhood identity that is consistent with the rural character of Stockport.

To provide standards reflecting the varying circumstances and interests of individual landowners and the individual characteristics of their properties.

To conserve elements of the Town's rural character, and to minimize views of new development from existing roads.

Applicability, uses and density.

Permitted accessory and special permit uses. Permitted accessory and special permit uses within a cluster/conservation subdivision shall be the same as those otherwise allowed in the zoning district in which the development is located.

Density. The permitted number of dwelling units shall not exceed the number of units that would be permitted if the land were subdivided into lots conforming to a conventional subdivision that meets the minimum lot size and bulk requirements of the Town of Stockport Zoning applicable to the district or districts in which such land is situated and conforming to all other requirements of the Town of Stockport Zoning. The maximum permitted number of dwelling units shall be determined as per the use regulations for the district in which the development is located as established in this chapter.

Unit mix. The clustered or conservation subdivision design may include a mix of single-family and multifamily dwellings as a means of achieving housing diversity and preserving open space if such multifamily dwellings are allowed in the district. The number of multifamily units shall be limited to not more than 1/3 of the total number of dwelling units. Multifamily structures shall not exceed five units each. Single-wide mobile homes shall not be permitted within any residential cluster development as governed by this section.

Cluster and conservation subdivision design process. See Chapter 105, Subdivision of Land, Article VII, for full details on procedures.

Dimensional standards. Within the framework of limitations set forth in this section, the Planning Board shall establish, on a case-by-case basis, the appropriate modifications of lots, bulk and other requirements which it has determined are necessary or appropriate to properly accomplish the purposes of this section. Lots shall be arranged in a way that preserves open space as conservation as described in this section. In so applying this section, it shall be determined by the Planning Board that a proposed clustered/conservation subdivision:

Will not be detrimental to the health, safety or general welfare of persons residing in the vicinity, or injurious to property or improvements in close proximity;

Creates a residential environment that is in conformity with the objectives of this chapter and of the Town of Stockport Comprehensive Plan;

Would be similar in scale, size, and layout with adjacent residential developments, if any exist, and where providing a diversity of architectural styles of housing, would benefit the Town; and

Guarantees permanent retention of open space areas and ensures the care and maintenance of same.

Minimum required open space. A cluster/conservation subdivision must preserve at least 50% of the tract's buildable (adjusted) acreage as open space land. Parking areas and roads shall not be included in the calculation of the minimum required open space. At least 50% of such open space shall be usable for active recreational or agricultural activities and not include water bodies, wetlands, floodplains, or slopes greater than 15%. All conserved lands shall be permanently restricted from future subdivision and development.

Preserved open space may be included as a portion of one or more large lots, or may be on a separate open space lot. Such open space may be owned by a homeowner's association, private landowner(s), or a nonprofit organization, provided it is protected from development by a conservation easement or deed restriction. When a tract is held in multiple ownership, it shall be planned as a single entity with common authority and common responsibility. A plan for landscaping and other development of the common open space area shall be reviewed and approved by the Planning Board.

Uses for open space. The Planning Board may approve uses for open space within a clustered/conservation subdivision, and these uses will be clearly indicated on the final map. The following are permitted uses for preserved open space areas:

The Planning Board may approve recreational uses such as wooded park areas, bridle paths, hiking trails, etc. Areas for active recreation which are to contain substantial improvements, impervious surfaces and other alteration from their natural state shall not constitute open space hereunder.

The Planning Board may approve conservation uses such as open woodland, wetlands, slopes, or escarpments.

The Planning Board may approve cultural aspects, such as historic places and buildings, archaeological sites, parks, and such open spaces which will assure that each of the above cultural aspects are adequately protected in the public interest.

Agricultural and horticultural uses (as allowed and defined in this chapter). Where active agriculture is taking place, structures shall be placed on the least productive portions of that land in order to preserve the ability to utilize prime farmland soils and soils of statewide importance that are best suited for agriculture.

Water supply and sewage disposal systems and stormwater detention areas designed, landscaped, and available for uses as part of the conservation lands.

Rights-of-way, easements for drainage, access, sewer or water lines or other public purposes.

A mechanism for the long-term ownership and maintenance of common open space shall be provided, subject to the approval of the Town Planning Board during the subdivision review process. Similar provision shall be made for the long-term ownership and maintenance of roadways, drainageways, utilities and other improvements within the cluster development.

Minimum street frontage per lot shall be 20 feet. There shall be a minimum of a thirty-foot separation between principal buildings, with no side yard less than 15 feet.

Yard regulations. The developer shall prevent monotonous streetscapes by adding variations in the principal building architecture.

Maximum impervious coverage. No more than 35% of the lot shall be covered with impervious surface in the form of access drives, parking areas and structures.

Minimum lot size. The minimum lot size for developments shall be equal to that required by the Columbia County Department of Health to meet standards for water and septic system approvals when no common sewer is provided for. The average lot size, calculated by including only new buildable acres, and not any preserved open spaces for developments with central water and sewer shall be 1/2 acre.

Maximum structure height within a cluster development shall be restricted to 35 feet as otherwise applicable within all land use districts within the Town of Stockport.

Minimum lot width. The minimum lot width shall be 100 feet.

There shall be only one principal building per building lot.

§ 120-30 Water supply and sewage disposal.

No person shall undertake to construct any new building or structure intended for human occupancy within the Town of Stockport without first meeting the requirements for a system or facilities for both a potable water supply and the separate disposal of sewage, domestic or trade wastes in accordance with the applicable regulations of the Town of Stockport, the Columbia County Department of Health and the New York State Department of Environmental Conservation. All such systems or facilities shall additionally be approved by the Code Enforcement Officer prior to their installation or construction.

§ 120-31 Sanitary disposal areas and facilities.

No dump, landfill, sewage disposal site or other sanitary disposal area or facility shall be permitted within the Town of Stockport, except where owned or leased and operated by the Town of Stockport, whether such operation is through its own forces or on a contract basis.

§ 120-32 Transitional yards.

Where the side or rear yard of a lot in one district abut's a side or rear yard of a lot in another district requiring larger setbacks, there shall be provided, along both sides of such abutting lot line or lines, side or rear yards equal to those required in the district requiring the larger setbacks.

§ 120-33 Required screening.

Any enclosed or unenclosed commercial or light industrial use permitted by this chapter shall be provided with a fence, screen and/or landscaping sufficient to obscure objectionable aspects of such use from view from adjoining properties in residential land use districts and/or public rights-of-way.

Any use which is not conducted within a completely enclosed building, including but not limited to junkyards, storage yards, contractors' yards and parking lots, and which use abuts, is adjacent to or located within a residential land use district or fronts a public right-of-way shall be obscured from view from such residential land use districts and public rights-of-way in an effective manner.

Adequate plans for the installation of required fences, screens and landscaping shall be reviewed by the Planning Board in accordance with the provisions of Articles V and VI.

Any required fences, screens and landscaping, installed in accordance with this chapter, shall be maintained in good order to achieve the objectives stated herein. Failure to maintain fencing or to replace dead or diseased landscaping shall be considered a chargeable violation of this chapter.

§ 120-34 Incentive zoning.

Purpose. Pursuant to § 261-b of the New York State Town Law, the Town of Stockport hereby establishes a program to encourage the preservation of open space and agricultural lands and the provision of facilities and amenities that would benefit the Town by providing incentive(s) to applicants seeking approval of a subdivision plat or site plan approval. The Planning Board may grant zoning incentives that are in compliance with the Town of Stockport Comprehensive Plan and with the provisions of this section. As set forth below, the Planning Board has established standards for the proper application of incentive zoning and the specific findings that shall be made prior to approving an adjustment to the maximum unit density requirements of this chapter.

Grant of authority. In considering an application for approval of a subdivision development project, the Planning Board is hereby authorized to adjust the maximum density requirements of the zoning district in which the property is located in exchange for one or more of the specifically identified incentives, and in accordance with the standards and conditions set forth below.

Applicability. The incentives set forth herein shall be applicable in all zoning districts except in the FF-O, C, and AS districts and for which an application for subdivision, site plan review or special use permit approvals pursuant to the Town of Stockport Subdivision and Zoning laws have been received.

Where an application seeks both subdivision and site plan approval, the project shall be considered in its entirety and incentives shall not be granted separately for both approvals.

Incentives shall be granted only when the community benefits or amenities offered would not otherwise be required or likely to result from the applicable planning process before the Planning Board.

Such benefits shall be in addition to any items that are or would be required under other provisions of this chapter or state law, including any mitigation measures required pursuant to the State Environmental Quality Review Act.

Incentives. Notwithstanding any contrary provision of Town Law or this chapter that limits or restricts the maximum unit density of a proposed development, an applicant may apply for an incentive adjustment to the maximum unit density requirements of this section in exchange for the following benefits:

Public access to open space.

This incentive may be applied to any subdivision in the H, R, or RR Districts. The calculation of the incentive is based on the maximum density for a subdivision as determined by the Planning Board.

For the creation of public recreational lands or facilities open to the public or public access to streams, to old railroad beds, or to other open space lands, or the provision of fishing/hunting rights or trails and trial linkages, a 15% increase to the maximum unit density for the zoning district may be approved.

Median-priced housing.

Future developments of more than four dwellings or a subdivision of more than four lots that construct or provide lots at a price range for the local workforce at 80% of the county median income and maintain these at affordable prices shall be eligible for a 30% density bonus. Lot subdivisions shall be tied to parcel history. Ten percent of the total number of units must be median-priced housing in order to be eligible for the bonus.

Applicants/developers requesting a density bonus for providing affordable housing, shall draft and agree to enter into a Density Bonus Housing Agreement with the Town. The terms of the draft agreement shall be reviewed and revised as appropriate by the Town Attorney. Following execution of the agreement by all parties, the completed Density Bonus Housing Agreement, or memorandum thereof, shall be recorded and the conditions therefrom filed and recorded on the parcel or parcels designated for the construction of affordable units. The approval and recording shall take place prior to final plat approval. The Density Bonus Housing Agreement shall be binding to all future owners and successors in interest. The Density Bonus Housing Agreement shall include at least the following:

[1]

The total number of units approved for the Housing Development, including the number of affordable units.

[2]

A description of the household income group to be accommodated by the housing development, and the standards for determining the corresponding affordable rent or affordable sales price and housing cost.

[3]

The location, unit sizes (square feet), and number of bedrooms of affordable units.

[4]

A schedule for completion and occupancy of affordable units.

[5]

A description of remedies for breach of the agreement by either party (the Town may identify tenants or qualified purchasers as third-party beneficiaries under the agreement).

[6]

Other provisions to ensure implementation and compliance with this chapter.

[7]

The Density Bonus Housing Agreement shall provide for the following conditions governing the initial sale and use of affordable units during the applicable use restriction period:

[a]

In the case of units that are to be for sale, affordable units shall, upon initial sale, be sold to eligible income households at an affordable sales price and housing cost as defined by this chapter.

[b]

Target units shall be owner-occupied by eligible income households.

[c]

The initial purchaser of each affordable unit shall execute an agreement approved by the Town restricting the sale of the affordable units in accordance with this chapter during the applicable use restriction period. Such instrument or agreement shall be recorded against the parcel containing the affordable unit and shall contain such provisions as the Town may require to ensure continued compliance with this chapter and the state Density Bonus Law.

Procedures and criteria for approval of incentives.

Authorization of zoning incentives is subject to the approval by the Planning Board prior to the grant of preliminary plat or preliminary site plan approval. Applicants may seek nonbinding input from the Planning Board as to whether the proposal is worthy of consideration prior to the preliminary plat or site plan application. The Planning Board may schedule a workshop to discuss the incentive application with the applicant. The intent of the workshop is to share information between the applicant, the Planning Board and interested members of the public. The workshop will not supplant the formal hearing which will be conducted by the Planning Board later in the review process.

Community benefits may be accomplished by, but not limited to, the following,:

Donations of land in fee simple for conservation and other community benefit purposes.

Construction of amenities, serving a Town-wide need, accessible to the general public, above and beyond that required to mitigate proposed impacts in accordance with SEQRA and the Town Law.

Construction or improvement to public works above and beyond that required to mitigate proposed impacts in accordance with SEQRA and the Town Law.

Applications for incentives in exchange for amenities shall be submitted to the Planning Board. In order to evaluate the adequacy of amenities to be accepted in exchange for the requested incentive, the following information shall be given by the applicant:

The requested incentive.

The proposed amenity.

The incremental cash cost of the proposed amenity.

A narrative which describes the benefits to be provided to the community by the proposed amenity.

A narrative which describes the method and adequacy of sewer, water, transportation, waste disposal and emergency service protection facilities in the zoning districts in which the proposal is located to handle the additional demands the incentive and amenity, if it is an on-site amenity, may place on these facilities beyond the demand that would be placed on them as if the district were developed to its fullest potential.

A narrative that explains how the amenity helps implement the physical, social or cultural policies of the Town of Stockport Comprehensive Plan.

Should the Planning Board decide to recommend issuance of an incentive, the application shall be forwarded to the Town Board for an advisory opinion within 45 days of receipt of the application for an incentive. The Planning Board's referral to the Town Board shall include a report with the following information:

An evaluation of how incentive(s) benefit the site and how the increased density relates to adjacent uses and structures. In addition, the Planning Board shall evaluate if such benefit(s) would not otherwise result as provided in Chapter 105, Subdivision of Land, or this chapter. The Planning Board's evaluation shall be limited to planning, design and layout considerations or such other issues as may be specifically referred to the Town Board. This is not intended to serve as a site or subdivision review, which would only occur after a decision by the Town Board on the incentive zoning request.

A SEQRA determination as to whether the proposal will have a significant impact on the environment.

An assessment that there are adequate resources, sewer, water, transportation, waste disposal and emergency service facilities to serve the proposed incentive development and that such development will not substantially and deleteriously impact upon the development prerogatives of neighboring lands pursuant to this chapter.

The Town Board shall review the incentive application and make an advisory opinion within 30 days after receipt and in writing to the Planning Board as to whether the incentive should be accepted. The public shall be allowed to present written and/or oral comments to the Town Board. The Town Board's report and the application will then be transferred back to the Planning Board for its final decision on the application. Suggested modifications to the proposal may also be provided by the Town Board.

If, after receiving the advisory report from the Town Board on the application, the Planning Board decides to further consider the proposal, a public hearing shall be held. At least five days' notice (14 days if a draft environmental impact statement or supplemental environmental impact statement was required) of the time and place of the hearing will be published in an official newspaper of the Town.

The Planning Board may engage a consultant to assist in review of the application, the cost of which will be borne by the applicant.

Compliance with SEQRA. All applicable requirements of the State Environmental Quality Review Act shall be complied with as part of the review and hearing process.

Every decision by the Planning Board concerning an application for use of incentive zoning on a particular project will fully comply with the provisions of SEQRA.

The applicant will submit an Environmental Assessment Form, Part 1, to the Planning Board.

The Planning Board will establish itself as SEQRA lead agency for all applications submitted pursuant to this section.

If a generic environmental impact statement has been prepared by the Town Board in enacting or amending this section, the application will pay a proportionate share of the cost of preparing such impact statement.

The Planning Board shall, before taking action, refer the proposal for review and comment to other governmental agencies as may be required, and may refer the proposal to other boards and officials in the Town for review and comment.

Within 45 days of the close of the public hearing and upon completion of the SEQRA process, the Planning Board will approve, approve with modifications or conditions, or deny the proposed incentive zoning application. A written statement of the findings will be prepared by the Planning Board documenting the basis of its decision. The findings will include, but not be limited, to the following:

That the proposed adjustments would not have a significant adverse impact on the property, or to adjoining property, or to the neighborhood in which the property is situated.

That proper easements, surety or performance guarantees, if necessary, between the applicant and the Town is or will be in existence as of the date the final plat map is signed by the Chairman of the Planning Board.

That the necessary water and septic requirements can be met with the proposed density adjustments.

That the proposed amenity provides sufficient public benefit to provide the requested incentive.

SEQRA. That all requirements of SEQRA have been met, including the required findings under that law.

Development capacity. That the proposed project, including the incentive, can be adequately supported by the public facilities available or provided as a result of the project, including but not limited to sewer, water, transportation, waste disposal and fire protection, without reducing the availability of such facilities for projects permitted as of right under the Town of Stockport Zoning Law.

Public benefit. That the public benefit realized by the amenity provided by the applicant is commensurate with the incentive granted by the Town Board.

Project quality. That the project is in harmony with the purpose and intent of this chapter and with the stated objectives and will promote the purposes herein, that the project is sufficiently advantageous to render it appropriate for grant of an incentive and that the project will add to the long-term assets of the Town of Stockport.

Comprehensive Plan. That the use of an incentive for the particular project is consistent with the Comprehensive Plan.

(11)

The Planning Board may impose conditions on a project to ensure that the above findings are ensured through the subsequent plan review and construction phases of the project.

(12)

In no circumstances shall the Planning Board be compelled to approve any amenity/incentive proposal and it may deny any such proposal in its sole discretion.

(13)

Upon approval, the Planning Board is authorized to act on the application for preliminary and final approval pursuant to Chapter 105, Subdivision of Land, and or Article VI, Site Plan Review, of this chapter.

§ 120-35 (Reserved)

§ 120-36 Erosion and sedimentation control on steep slopes and ridgelines.

Erosion, sedimentation and stormwater control on slopes 10% to 15%.

Purpose. It is the express purpose of this section to provide special qualitative and quantitative development controls for all lands located within the Town that have steep slopes and ridgelines. These special development controls are provided in recognition of the potentially negative impacts of construction in steep slope areas in the form of erosion, siltation, excessive removal of vegetation and soil, flooding, soil slippage, water runoff, and destruction of unique land forms. These areas also often have scenic vistas and requirements of the Scenic Overlay District may also apply. It is further the purpose of this section to encourage good land use planning and design, maximize optimal use of the natural terrain and maintain ridgelines and scenic vistas intact.

Applicability. The requirements under this section shall be applicable to all properties within all zone districts situated in the Town where said properties have a slope area of 10% or greater, and the ridgeline requirements shall apply where said properties are within 100 feet of a ridgeline. Limitations of this section are not applicable for isolated steep slopes with an area of 400 square feet or less. Further, all land development activities subject to review and approval by the Town Planning Board of the Town of Stockport under subdivision, site plan, and/or special permit regulations resulting in a disturbance of greater than one acre shall be reviewed subject to the standards contained in this chapter.

Where required, the Town shall designate the Code Enforcement Officer and/or the Town Engineer to accept and review all Erosion and Sediment Control Plans (E&SC) and Stormwater Pollution Prevention Plans (SWPPP) and forward such plans to the applicable municipal board. The Code Enforcement Officer may, at any time in the review of an Erosion and Sediment Control Plan, engage the services of the Town Engineer to review the plans, specifications and related documents. Any fees associated with such review shall be borne by the applicant and paid for by an escrow established for such purposes.

All land development activities not subject to review as stated in Subsection A(2)(a), above shall be required to submit a SWPPP to the Code Enforcement Officer who shall approve the SWPPP if it complies with the requirements of this chapter.

No application for approval of a land development activity shall be reviewed until the appropriate board has received an Erosion & Sediment Control Plan (E&SC) or Stormwater Pollution Prevention Plan (SWPPP) prepared in accordance with the specifications in this section.

Exemptions. The following activities may be exempt from review under this chapter:

Agricultural activity as defined in this chapter.

Forestry activity, except that landing areas and log haul roads are subject to this chapter.

Routine maintenance activities that disturb less than five acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility.

Repairs to any stormwater management practice or facility deemed necessary by the Code Enforcement Officer.

Any part of a subdivision if a plat for the subdivision has been approved by the Town of Stockport on or before the effective date of this chapter.

Land development activities for which a building permit has been approved on or before the effective date of this chapter.

Cemetery graves.

Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.

Emergency activity immediately necessary to protect life, property or natural resources.

(j)

Activities of an individual engaging in home gardening by growing flowers, vegetable and other plants primarily for use by that person and his or her family.

(k)

Landscaping and horticultural activities in connection with an existing structure.

Performance and design criteria for stormwater management and erosion and sediment control. The SWPPP shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements in this chapter. All land development activities shall be subject to the following performance and design criteria:

Technical standards. For the purpose of this chapter, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this chapter:

[1]

The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the "Design Manual").

[2]

New York Standards and Specifications for Erosion and Sediment Control (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the "Erosion Control Manual").

All SWPPPs shall provide the following background information and erosion and sediment controls in order to show that land development activity(ies) shall not cause an increase in erosion that will cause turbidity of streams, lakes, wetlands, or ponds that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.

Background information about the scope of the project, including location, type and size of project;

Site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; location(s) of the stormwater discharge(s) at a scale no smaller than one inch equals 100 feet (e.g., one inch equals 500 inches is smaller than one inch equals 100 inches);

Description of the soil(s) present at the site;

Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP;

Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff;

Description of construction and waste materials expected to be stored on-site with updates, as appropriate, and a description of controls to reduce pollutants from these materials including storage practices to minimize exposure of the materials to stormwater, and spill prevention and response;

Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project closeout;

A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice;

Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;

(j)

Temporary practices that will be converted to permanent control measures;

(k)

Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place;

(l)

Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;

(m)

Name(s) of the receiving water(s);

(n)

Delineation of SWPPP implementation responsibilities for each part of the site;

(o)

Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable; and

(p)

Any existing data that describes the stormwater runoff at the site.

When more than five acres of land are disturbed, the following information is required in the SWPP:

All information in Subsection A(5) of this section;

Description of each postconstruction stormwater management practice;

Site map/construction drawing(s) showing the specific location(s) and size(s) of each postconstruction stormwater management practice;

Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms;

Comparison of postdevelopment stormwater runoff conditions with predevelopment conditions;

Dimensions, material specifications and installation details for each postconstruction stormwater management practice;

Maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management practice;

Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property;

Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with Subsection A(8).

Lot grading/driveway/drainage plans. For all lots with proposed disturbance of a steep slope area, a lot grading/driveway/drainage plan shall be approved by the Town Engineer prior to the issuance of a building permit. Said plan shall include, but not be limited to, existing and proposed contours, limits of soil disturbance, construction details, soil erosion, sedimentation control measures and drainage calculations and, where required by the Town Engineer, stormwater control measures. The design standards for lot grading plans shall be pursuant to the following standards:

No soil shall be excavated, removed, deposited or disturbed except as a result of and in accordance with a lot grading plan approved under the terms of this chapter.

Proposed disturbance of soil shall be executed in a manner that will not cause erosion or other unstable conditions.

Provision shall be made for the proper disposition of surface water runoff so that it will not increase unstable conditions. Appropriate storm drainage facilities shall be provided for downstream properties.

Provision shall be made for any structure or protective measures that proposed slopes may require for the protection of the public safety, including but not limited to retaining walls, guide rails, headwalls and fences.

Provision shall be made for a safe water supply and for the disposal of sanitary sewage as approved by the Health Department and Town Code Enforcement Officer.

Any proposed building or structure or attendant protective measures will not impede the flow of surface water through any watercourse. Only a nominal increase in water surface elevation and velocities will be allowed due to construction.

Any proposed vehicular facilities including roads, drives or parking areas, shall be so designed that any land disturbances shall not cause excessive erosion. Both the vertical and horizontal alignment of vehicular facilities shall be so designed that hazardous circulation conditions will not be created.

Final grades of the proposed driveway shall be in conformance with Chapter 102 and all Town highway specifications.

Any fill placed on the lot shall be properly stabilized and, when found necessary depending upon existing slopes and soil types, supported by retaining walls or other appropriate structures as approved by the Township Engineer.

(j)

All cuts shall be supported by retaining walls or other appropriate retaining structures when, depending upon the nature of the soil characteristics, such structures are found necessary by the Township Engineer in order to prevent erosion.

(k)

There shall be no alteration of site elevations in excess of one foot within five feet of an adjoining property.

(l)

Changes in grade shall not exceed a slope of two to one unless supported by retaining walls.

(m)

No retaining wall on a residential site shall exceed six feet in height, and there shall be at least 10 feet between stepped retaining walls. All retaining walls greater than four feet in height require a certification by a professional engineer that the wall was constructed in accordance with approved plans.

Maintenance and repair of stormwater facilities.

The applicant or developer of the land development activity shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this section. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.

The applicant or developer or their representative shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. Inspection reports shall be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. The reports shall be delivered to the Code Enforcement Officer and also copied to the site log book.

Maintenance easement(s) and agreements. Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town of Stockport to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the Town Attorney for the Town of Stockport. The Town of Stockport, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this chapter and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.

Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this section shall operate and maintain the stormwater management practices (SMP) to achieve the goals of this section. Proper operation and maintenance also includes, as a minimum, the following:

A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this chapter.

Written procedures for operation and maintenance and training new maintenance personnel.

Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations.

(11)

Inspection of stormwater facilities after project completion. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town of Stockport the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. Inspection programs shall be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher-than-typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher-than-usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practice.

(12)

Submission of reports. The Town of Stockport Code Enforcement Officer may require monitoring and reporting from entities subject to this chapter as are necessary to determine compliance with this chapter.

(13)

Performance guarantee.

Construction completion guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town of Stockport in its approval of the SWPPP, the Town of Stockport may require the applicant or developer to provide, prior to construction, performance bond, cash escrow, or irrevocable letter of credit, in a form acceptable to the Town Attorney, from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town of Stockport as the beneficiary. The security shall be in an amount to be determined the Town of Stockport based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Town of Stockport, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies) has (have) been constructed in accordance with the approved plans and specifications and that a one-year inspection has been conducted and the facilities have been found to be acceptable to the Town of Stockport.

Maintenance guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, may be required to provide the Town of Stockport with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction, and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town of Stockport may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.

Erosion, sedimentation and stormwater control on slopes greater than 15%.

All residential and commercial development is prohibited on slopes greater than 15%.

Standards to protect ridgelines.

Applicability; review of plans; compliance. The requirements, guidelines and controls promulgated under this section shall be applicable to site plan and subdivision applications and building permits for new buildings. The Planning Board shall review all plans submitted under this section as part of any application for site plan or subdivision approval. The Code Enforcement Officer shall refer applications for building permits for new buildings to the Town Engineer for review to assure compliance with this section.

Applicants shall determine whether a ridgeline, as defined in this chapter, is within 100 feet of the property which is the subject of the application. The determination of the presence of the ridgeline shall be done on a map provided by the applicant with topography depicted at two-foot contour intervals.

Applicants for construction on properties to which this section applies shall demonstrate to the Planning Board or the Town Engineer, as the case may be, that the proposed buildings or structures will not extend above the predominant treeline. No structure that is the subject of this section shall be located closer than 60 feet to the ridgeline, as determined by the Town Engineer, unless, in the Town Engineer's opinion, such requirements would render an existing lot unusable. There shall be no disturbance within this sixty-foot area except for access.

Development should be sited behind and below visual barriers such as trees, ridgelines and other topographic features. The height and location of development shall not alter the views of, and from, the natural ridgeline.

All stormwater drainage and erosion control plans that include ridgeline areas shall meet the following standards, including but not limited to:

Limitation of land disturbance and grading;

Maintenance of vegetated buffers and natural vegetation;

Minimization of impervious surfaces;

Use of terraces, contoured landscapes, runoff spreaders, grass or rock-lined swales;

Use of infiltration devices.

§ 120-36.1 Accessory uses and structures.

On a lot devoted to a permitted principal use, customary accessory uses and structures are authorized.

Accessory uses shall be compatible with the principal use and shall not be established prior to the establishment of a principal use, except as permitted hereafter. Any accessory building or structure hereafter constructed, erected, placed, structurally altered or enlarged, except as otherwise permitted in this chapter, shall be subject to the following bulk requirements:

All accessory buildings or structures shall meet all side and rear setbacks.

No mobile home or other portable structure or building shall be used as an accessory building or structure except when used incidentally to and temporarily for construction operations of a principal use; said buildings shall be removed prior to the occupancy of the principal use. However, lawn equipment storage buildings not exceeding 144 square feet in area are permitted if they also conform with the requirements of Subsection A(10).

Any accessory structure which is attached to a principal building shall be considered as a part of the principal building and shall be subject to all regulations governing the location of principal buildings.

Private outdoor in-ground or aboveground swimming pool, whirlpool or hot tub, not less than 20 feet from the side or rear lot line, except in the Hamlet (H) District, where the less-restrictive setbacks of 10 feet shall apply, and fully consistent with the provisions of § 120-33.

No such structure shall exceed 20 feet in height in any residential district.

No such structure shall be set back less than 10 feet from any lot line nor less than 10 feet from the principal building, except in the Hamlet (H) District, where the less-restrictive rear setback of five feet shall apply, and fully consistent with the provisions of § 120-20.1E.

All such structures in the aggregate shall not occupy more than 30% of any required yard.

No such structure shall project closer to the fronting street than the principal building on the lot.

Not more than three such accessory structures, other than a permitted sign or agricultural buildings, of which no more than one shall be a private garage, shall be permitted on an individual lot in a residential district. In the event that the lot exceeds two acres, additional accessory structures may be sited if a special use permit is granted in accordance with Article V.

A single portable accessory structure with a maximum floor area of 144 square feet may be installed or constructed and utilized without the issuance of a building permit or certificate of occupancy, provided that:

The structure does not have a permanent foundation.

The structure is not served by any utility, such as electricity, gas or plumbing.

The structure does not exceed eight feet in height.

The structure is never used for human habitation.