A.
Purpose. The purpose of these sign regulations (Subsections A through D) is to promote and protect the public health, welfare and safety and to ensure optimum overall preservation and enjoyment of the scenic, aesthetic and open space resources of the Town and of the Adirondack Park. These regulations are intended to safeguard property values, create a more attractive climate for tourism and other business, protect open country scenery along highways and generally provide a more aesthetically pleasing community and region. These regulations are further intended to reduce obstructions and distractions that may contribute to traffic accidents, and to minimize hazards that may be caused by signs hanging or projecting over public rights-of-way.
B.
ERECT
INDIRECTLY ILLUMINATED SIGN
LEVEL OF NATURAL GROUND
LUMINOUS SIGN
OFF-PREMISES SIGN
SIGN
SIGN AREA
Definitions. [1] As used in this section, the following words shall have
the meanings indicated:
To build, construct, alter, enlarge, relocate, attach, hang,
place, affix or maintain any sign, and includes the painting of wall
signs.
Any sign illuminated by a lighting device and reflecting
the light thereof, but not emitting any light and therefore not a
luminous sign.
The level of ground prior to any grading or fill done primarily
for the purpose of erecting any sign or raising the level of a sign's
allowable height.
Any incandescent or other sign which gives forth its own
light, or any transparent or translucent sign through which artificial
light is emitted, including without limitation any neon sign, fluorescent
sign or advertising light display.
Any sign advertising or calling attention to any business
or activity not located on the same continuous parcel of real estate
as the sign, or any sign advertising or calling attention to any commodity
or service not sold or offered upon the same continuous parcel of
real estate as the sign.
Any inscribed surface, pattern of artificial lighting, pictorial
or symbolic ornament, emblematic structure, banner, fluttering apparatus
or other visually communicative or expressive device that is visible
from an out-of-doors position and is used to advertise or call the
public's attention to any business, activity, object for sale or lease,
person or place, or to bear any kind of message. The meaning of "sign"
shall also include any sign currently in disuse but still visible
from an out-of-doors position, and any frame or support structure
erected specifically to bear or uphold a sign. The meaning of "sign"
shall not include any sign erected by the federal, state, county or
Town government or any department or agency thereof, any post or place
temporarily to advise of a civic event or an event sponsored by a
house of worship, school, library, museum, social club or society,
or any patriotic flag or banner not used for commercial advertising
purposes. The meaning of "sign" shall also not include any sign having
a sign area no greater than three square feet that is used simply
to mark property boundaries, give directions regarding roads or trails,
exclude hunting, fishing or other activities, warn of any hazard or
condition, denote the name or address of the occupants of the premises
on which the sign is located or advertise the availability of the
premises or some portion thereof for sale or lease. All signs for
rent, hire, sale or professional signs are exempt from sign requirements.
[Amended 11-10-1998]
The total area of all faces or surfaces of a sign anywhere
upon which writing or any illustrative, emblematic or other artistic
matter appears or, in cases where writing or illustrative, emblematic
or other artistic or expressive matter is not set against any face
or surface, the total area within a single continuous rectangular
perimeter enclosing the extreme limits of such writing or illustrative,
emblematic or other artistic or expressive matter. The sign area or
sign having more than one face or surface which writing or illustrative,
emblematic or other artistic or expressive matter appears shall be
the total area of all such faces or surfaces; but if a sign consists
of two such faces or surfaces placed back-to-back, the sign area of
the side having the greater sign area shall constitute the total sign
area. The sign area of a group of connected or related signs shall
be the sum of the sign areas of the signs belonging to it.
C.
Permit requirement. No sign shall be erected or maintained anywhere within the Town unless or until a land use and development permit has been obtained from the Zoning Administrator pursuant to Article XIV of this chapter.
[Amended 11-10-1998]
D.
General provisions. The provisions contained in this
subsection shall apply to all signs, regardless of their location
with respect to any zoning district.
[Amended 11-10-1998]
(1)
No sign shall be illuminated by or contain flashing,
intermittent, rotating or moving light or lights. All luminous signs,
indirectly illuminated signs and lighting devices shall employ only
lights emitting light of constant intensity, except in the case of
digital street clocks and temperature indicators.
(2)
No luminous sign, indirectly illuminated sign or lighting
device shall be placed or directed as to cause glaring or nondiffuse
beams of light to be cast upon any public street, highway, sidewalk
or adjacent premises, or otherwise to cause glare or reflection that
may constitute a traffic hazard or nuisance. No sign shall in its
construction employ any mirror or mirror-like surface, nor any day-glowing
or other fluorescent paint or pigment.
(3)
No sign or part thereof shall contain or consist of
any banner, pennant, ribbon, streamer, spinner or other similar moving,
fluttering or revolving device. Said device, as well as strings of
lights, shall not be used for advertising or attracting attention,
whether or not it is part of any sign. No sign or part thereof may
rotate or move back and forth.
(4)
No sign shall be placed upon or be supported by any
tree, rock or other natural object other than the ground.
(5)
No sign shall be erected or maintained upon the roof
of any building or structure.
(6)
No motor vehicle on which is placed or painted any
sign shall be parked or stationed in a manner primarily intended to
display the sign.
(7)
Not more than one pole sign may be erected or maintained
upon the premises of any gasoline or other automotive service station;
and no pole sign shall have a sign area greater than 15 square feet.
(8)
No sign shall exceed 20 feet in overall height measured
from the highest level of natural ground immediately beneath the sign
to the highest point of the sign or the supporting structure thereof.
(9)
No sign shall project more than three feet from the
wall of any building, nor shall any sign project from the roof of
any building or into any public way.
(10)
No sign shall be erected or maintained having
a sign area greater than 40 square feet. No luminous sign shall be
erected or maintained having a sign area greater than 15 square feet.
(11)
No sign shall be erected or maintained within
the right-of-way nor within 10 feet of the roadbed of any public street
or highway; nor shall any sign exceeding 20 square feet in sign area
be erected or maintained within 20 feet of the roadbed of any public
street or highway; but these minimum setback distances shall not apply
to signs erected upon any building entirely housing the business or
activity with which the signs are principally associated. For the
purposes of this provision, the roadbed shall mean the traveled potion
of a road, street or highway bounded on either side by the outer edge
of the shoulder or guardrail, whichever extends farthest. Where there
is no shoulder or guardrail, there shall be deemed to be a shoulder
extending four feet from the outer edge of the pavement or unpaved
traffic lanes.
(12)
No sign shall be erected or maintained more
than 200 feet from the business or activity with which it is principally
associated. For the purpose of this provision, the location of a business
or activity shall include all of the principal private access road
connecting the actual place of that business or activity with a public
street or highway.
(13)
Not more than two signs may be erected or maintained
advertising or otherwise relating to a single business or activity,
except for directional signs that do not exceed two square feet in
sign area and are limited to such texts as "Office," "Entrance," "Exit,"
"Parking" and "No Parking." The total sign area of these two signs
shall not exceed 60 square feet. For the purpose of this provision,
a single business or activity shall include all businesses or activities
subordinate to or integrated with that business or activity, located
on the same premises is that business or activity.
(14)
No off-premises sign shall have a sign area
of more than 10 square feet nor shall any such sign be a luminous
sign. All off-premises signs shall conform to all applicable requirements
of the State Department of Environmental Conservation for off-premises
signs within the Adirondack Park.
A.
These regulations require development permits for
any development activity involving any man-made change to improved
or unimproved real estate, including but not limited to buildings
and other structures, dredging, grading, filling, paving, excavation
and drilling, within the areas designated as flood hazard areas within
the Town of Hague. These regulations are for the purpose of:
(1)
Recognizing that certain areas of the Town of Hague
are subject to periodic flooding, causing severe damage to real property
and improvements thereon;
(2)
Promoting the public health, safety and welfare of
the people within the flood hazard area; and
(3)
Complying with the regulatory measures specified in
the Federal Insurance Administration Insurance Rules and Regulations
adopted pursuant to the National Flood Insurance Act of 1968, as amended,
specifically § 1910.3(b), (c) and (d) thereof, as they become
applicable and as they may be amended.
B.
Warning and disclaimer of liability. The degree of
flood protection required by these regulations is considered reasonable
for regulatory purposes based on all available knowledge of past floods.
Larger floods may occur on rare occasions. Flood heights may be increased
by man-made or natural causes, such as ice jams and bridge openings
restricted by debris. These regulations do not imply that areas outside
the delineated flood hazard areas or that land uses permitted within
such areas will be free from flooding or flood damage. These regulations
shall not create liability on the part of the Town of Hague or any
officer or employee thereof for any flood damages that result from
reliance on these regulations or any administrative decisions lawfully
made thereunder.
C.
BASE FLOOD
COMMUNITY
CRITERIA
DEVELOPMENT
FLOOD OR FLOODING
FLOOD HAZARD AREA
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOOD INSURANCE RATE MAP (FIRM)
FLOODPLAIN
FLOODPROOFING
FLOODWAY
HABITABLE FLOOR
ONE-HUNDRED-YEAR FLOOD
PERSON
REGULATORY FLOODWAY
SPECIAL HAZARD AREA
STRUCTURE
SUBSTANTIAL IMPROVEMENT
WATER SURFACE ELEVATION
Definitions. [1] As used in this section, the following words will have
the meanings indicated:
The flood having a one-percent chance of being equaled or
exceeded in any given year.
The Town of Hague.
The comprehensive criteria for land management and use for
flood-prone areas developed under 42 USC § 4102 for the
purpose of Part 1910 of the National Flood Insurance Program Rules
and Regulations.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of streams,
rivers or other inland areas of water, or abnormally high lake waters
resulting from severe hurricanes or other storms.
The land in the floodplain given to a one-percent or greater
chance of flooding in any given year; the area designated as Zone
A on the FHBM.
A map of the community, annexed hereto, [2] issued and approved by the Federal Insurance Administration
on which the boundaries of the floodplain and/or mudslide areas having
special hazards have been delineated and designated as Zones A or
M.
The map of the community issued by the Federal Insurance
Administration on which the special hazard areas and the risk premiums
zones have been delineated.
A land area adjoining a river, stream, watercourse or lake
which is likely to be flooded.
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.
The channel of a river or other watercourse and the adjacent
land areas required to carry and discharge a flood of a given magnitude.
Any floor usable for living purposes, which includes sleeping,
eating, cooking, recreation or combination thereof. A floor used only
for storage purposes is not habitable.
The highest level of flood that, on the average, is likely
to occur once every 100 years (i.e., that has a one-percent chance
of occurring every year).
Includes any individual or group of individuals, corporation,
partnership, association or any other organized group of persons,
including local governments and agencies thereof.
The channel of a river or other watercourse and that adjacent
land area that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
An area having special flood, mudslide and/or other flood-related
erosion hazards and shown on an FHBM or FIRM as Zone A, AO, A1-00,
VO, V1-30, M or E.
A walled and roofed building, including gas or liquid storage
tank, that is principally above ground, as well as mobile homes.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the actual cash value of
the structure either before the improvement is started or, if the
structure has been damaged and is being restored, before the damage
occurred.
The projected heights in relation to mean sea level reached
by the floods of various magnitudes and frequencies in the floodplain
of coastal or riverine areas.
D.
Flood Hazard Zoning District.
(1)
Establishment of district. There is hereby established
a Flood Hazard Zoning District to accomplish the purposes of these
floodplain regulations. The boundaries of the Flood Hazard Zoning
District are delineated more specifically on the Zoning Map, which
is part of this chapter, [3] and are based upon an area comprising the channel of a
river or other watercourse and the adjacent land areas required to
carry and discharge the one-hundred-year flood. All land uses within
the Flood Hazard Zoning District shall conform to the provisions of
this section, in addition to all provisions governing land use in
which the land involved is located, and all other provisions of this
chapter.
[3]
Editor's Note: The Zoning Map is included
in a pocket at the end of this Code.
(2)
Special provisions applying to Flood Hazard Zoning
District.
(a)
No structure (temporary or permanent), fill
for any purpose, deposit, obstruction, storage of materials or equipment,
or other uses shall be permitted which, acting alone or in combination
with existing or future uses, will unduly affect the efficiency of
the capacity of the floodway or unduly increase flood heights, cause
increased velocities or obstruct or otherwise catch or collect debris
which will obstruct flow under flood conditions.
(b)
Buildings and structures shall be constructed
and placed on the building site so as to offer the minimum obstruction
to the flow of floodwaters (i.e., longitudinal axis parallel to the
direction of flood flow, and placement approximately on the same flood
flow lines as those of adjoining structures) and shall be firmly anchored
to prevent flotation which may result in damage to other structures,
restrictions of bridge openings and other narrowing of the stream
or river. Service facilities such as electrical and heating equipment
shall be constructed at or above the flood protection elevation for
a particular area or shall be floodproofed.
(c)
The Planning Board shall require that the applicant
submit a plan certified by a registered professional engineer that
the floodproofing measures are consistent with the flood protection
location and associated flood factors for the particular area. The
floodproofing measures may be required for all buildings and structures,
other than those which have a low flood damage potential. Such measures
may include but are not limited to the following, where appropriate:
[1]
Be designed or modified and adequately anchored
to resist flotation, collapse and lateral movement.
[2]
Reinforcement of walls to resist water pressure.
[3]
Installation of watertight doors, bulkheads
and shutters.
[4]
Use of paints, membranes or mortars to reduce
seepage of water through the walls.
[5]
Addition of mass or weight to resist flotation.
[6]
Installation of pumps to lower water levels
in structures.
[7]
Construction of new and replacement water supply
and waste treatment systems so as to prevent the entrance of floodwaters
and the discharge from such systems into floodwaters.
[8]
Pumping facilities to relieve hydrostatic water
pressure on external walls and basement floors.
[9]
Elimination of gravity flow drains.
[10]
Construction to resist rupture
or collapse caused by water pressure or floating debris.
[11]
Elevation of structures to or
above the necessary flood protection elevation.
[12]
Be constructed of materials and
utility equipment resistant to flood damage.
[13]
Be constructed by methods and
practices that will minimize flood damage.
[14]
All public utilities and facilities
such as sewer, gas, electric and water systems shall be located and
constructed to minimize or eliminate flood damage.
[15]
Adequate drainage shall be provided
to reduce exposure to flood hazards.
[16]
All new construction and substantial
improvements to nonresidential structures shall have the lowest floor,
including basement, elevated to or floodproofed at or above the base
flood level.
[17]
On-site waste disposal systems
shall be located to avoid impairment of them or contamination from
them during flooding.
[18]
All subdivision proposals or other
new developments greater than 50 lots or five acres shall include
base flood elevation data.
[Amended 11-10-1998]
[19]
All new construction and substantial
improvements of residential structures shall have the lowest floor
elevation, including basement, elevated to or above the base flood
level.
[20]
All mobile homes to be placed
within Zones A and M shall be anchored to resist flotation, collapse
or lateral movement by providing over-the-top and frame ties to ground
anchors.
[21]
Over-the-top ties shall be provided
at each of the four corners of the mobile home, and two additional
ties per side at intermediate locations, except that mobile homes
less than 50 feet in length need have only one intermediate tie.
E.
Flood Hazard Fringe Zoning District.
(1)
Establishment of district. There is hereby established a Flood Hazard Fringe Zoning District to accomplish the purposes of these floodplain regulations. The boundaries of the Flood Hazard Fringe Zoning District are delineated more specifically on the Zoning Map, which is part of this chapter, and are based on an area subject to inundation by a one-hundred-year flood, where larger floods may occur on rare occasions or the flood height may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside district boundaries or land uses permitted within such district will be free from flooding or flood damages. All land uses within the Flood Hazard Fringe Zoning District shall conform to the provisions of this Subsection E, in addition to all other provisions governing land use within any zoning district created under Article V of this chapter in which the land involved is located, and including the provisions of Articles VIII and XIV.
(2)
Special provisions applying to the Flood Hazard Fringe
Zoning District.
(a)
New or replacement water supply systems shall
be so designed as to minimize or eliminate infiltration of floodwaters
into the systems and discharges from the systems into floodwaters.
(b)
On-site waste disposal systems shall be located
so as to avoid impairment to or contamination from the system during
flooding.
(c)
Residential structures shall have the lowest
habitable floor elevated to at least one foot above the one-hundred-year-flood
level.
(d)
In addition to the above, any such use shall
meet the following requirements:
[1]
Such use shall include floodproofing measures
consistent with the flood protection elevation and associated flood
factors for the particular area in which construction is to take place;
[2]
Any structure built on pilings shall be constructed
with the lowest floor elevated to at least one foot above the one-hundred-year-flood
level; or
[3]
Any structure built on solid fill shall be constructed
at an elevation of the one-hundred-year-flood level with the lowest
flood elevation to at least one foot above the one-hundred-year-flood
level.
[Amended 11-10-1998; 7-8-2003; 10-11-2011]
A.
Purpose. The purpose of these shoreline regulations
is to promote and protect the public health, welfare and safety, and
to protect economic property values, aesthetic and recreational values
and other natural resource values associated with all lakes, ponds
and streams. It is the further purpose of these regulations to:
(1)
Provide for the protection, preservation, proper maintenance
and use of Town watercourses and wetlands in order to minimize disturbance
to them and to prevent damage from erosion, turbidity or siltation,
a loss of fish or other beneficial aquatic organisms, a loss of wildlife
and vegetation and/or from the destruction of the natural habitat
thereof.
(2)
Provide for the protection of the Town's potable fresh
water supplies from the dangers of drought, overdraft, pollution or
mismanagement.
B.
Shoreline regulations.
(1)
In the case of the shorelines of all lakes, ponds,
and the shorelines of any river designated to be studied as a wild,
scenic or recreational river in accordance with the Environmental
Conservation Law or any river or stream navigable by boat, including
canoe, the following restrictions shall apply:
(a)
Cutting restrictions. The removal of vegetation,
including trees, shall be permitted on shorefront lots, provided that
the following standards are met:
[1]
Within 35 feet of the mean high water mark,
no vegetation may be removed, except that up to a maximum of 30% of
the trees in excess of six inches in diameter at breast height existing
at any time may be cut over any ten-year period.
[2]
Within six feet of the mean high water mark, no vegetation may be removed, except up to a maximum of 30% of the shorefront may be cleared of vegetation on any individual lot. This provision shall be adhered to in addition to Subsection B(1)(a)[1] above.
[3]
The above cutting standards shall not be deemed
to prevent the removal of diseased vegetation or of rotten or damaged
trees or of other vegetation that present safety or health hazards.
(b)
Shoreline setbacks. The minimum setback of all
structures in excess of 100 square feet, other than docks and boathouses,
from the mean high water mark shall be 50 feet in the hamlet areas
and Town residential area, 75 feet in open countryside area and 100
feet in resource conservation areas.
[1]
Decks, porches, stairs, ramps, roof overhangs and other similar additions
to or components of single-family dwellings, mobile homes, multiple-family
dwellings and other structures shall be considered part of the structure
for purposes of applying the shoreline setback restrictions if they
exceed 100 square feet, unless flush with the natural ground level
without raised elements such as railings or walls.
[2]
Decks or porches which are above water level and which extend beyond
the structural footprint of any boathouse are subject to the shoreline
setback restrictions to the extent they extend beyond the structural
footprint and exceed 100 square feet in the aggregate.
[3]
Individual structures of 100 square feet or less, not flush with
the natural ground level, are exempt from the shoreline setback requirements,
provided that there shall not be more than one such structure within
the shoreline setback on a lot; and not be more than two such structures
on a lot with a boathouse or dock. The maximum height for such structures
is 16 feet in height measured from the lowest grade to the highest
point of said structure. Additional structures of 100 square feet
or less are permissible if granted site plan approval by the Planning
Board.
(c)
Minimum lot width.
[1]
The minimum lot width measured along the shoreline
for each one-family residential structure shall be 50 feet in the
hamlet areas, 100 feet in Town residential areas, 125 feet in Open
Countryside I areas, 150 feet in Open Countryside II areas and 200
feet in resource conservation areas.
[2]
Nothing herein shall be deemed to preclude the
application of appropriate shoreline restrictions to new uses other
than one-family residential structures subject to site plan review
or otherwise by this chapter.
(d)
Provisions for contractual access.
[1]
General.
[a]
In the case of the shoreline of
all lakes and ponds or any river or stream navigable by boat, including
canoe, the following minimum shoreline frontages shall be required
for deeded or contractual access to all such lakes, ponds, rivers
or streams, as well as one or more lots, parcels or sites or multiple-family
dwelling units not having separate and distinct ownership of shore
frontage.
[b]
The following shall be required:
[i]
Site plan review by the Planning
Board.
[ii]
A plan shall be submitted delineating
areas for swimming, recreation, docking, building placement, parking
and landscaping.
[iii]
In addition to the following
standards below, the Planning Board shall consider that such use does
not impair the natural appearance of said parcel, does not overcrowd
the parcel or the adjacent water surface, does not produce unreasonable
noise to the surrounding properties and/or pose any substantial hazards.
[2]
Standards.
[a]
Where one lot is involved, a total
of not less than 100 feet of shore frontage is required.
[b]
Where two to five lots or multiple-family
dwelling units are involved, a total of not less than 200 feet is
required.
[c]
Where more than five lots or multiple-family
dwelling units are involved, a minimum of 20 feet for each additional
lot or multiple dwelling unit in excess of five is required, in addition
to the 200 feet minimum required.
[d]
The lot considered for contractual
access shall be minimum lot size as required by the zoning district.
[e]
No building other than toilet and changing facilities and picnic shelters shall be constructed on the waterfront parcel. The total combined square footage of buildings shall not exceed 1,500 square feet. Buildings must meet the setback requirements of Article VI.
[f]
A buffer strip of natural vegetation 35 feet deep from the mean high water mark of any navigable lake, pond, river or stream shall be maintained. Access points will be provided as determined by the Planning Board, but in no case shall exceed the shoreline cutting restrictions of this Subsection B. Where beaches or beach areas are permitted, an adequate vegetative buffer behind the beach shall be established and shall be of a depth determined by the Planning Board. Additional vegetative buffers can be required by the Planning Board, and all buffers shall be maintained so as to effectively screen parking areas and buildings from the water.
[g]
Commercial businesses or activities
of any kind which operate for a profit are prohibited.
[h]
Each individual, family or lot
with legal right-of-way or easement access to this parcel due to previous
arrangements shall count as one lot or unit in the figuring of the
amount of shoreline needed for shorefront access for a newly proposed
development.
[i]
Provisions for sanitary facilities
shall be considered by the Planning Board.
[j]
Parking areas shall be landscaped
and shall be set back from the shoreline a minimum of 75 feet. All
parking areas shall have a permeable surface and comprise no more
than 20% of the total lot size. No more than one parking space per
parcel with legal right-of-way shall be provided. Parking spaces shall
not be provided for parcels within a four-hundred-foot radius of the
access lot.
[l]
Contractual access may only be
granted to lots which are contiguous to the waterfront parcels, as
determined by deed description, and have been in ownership as of the
date of this revision.
(2)
Sewage facilities. In the case of all lakes, ponds,
rivers and streams, the minimum setback of any on-site sewage drainage
field or seepage pit shall be 100 feet from the mean high water mark,
irrespective of the zoning district or land use area classification.
The Planning Board or Zoning Administrator or the Adirondack Park
Agency in its review of Class A regional projects shall have authority
to require a greater setback of any on-site drainage field or seepage
pit than the minimum herein set forth if it or he shall determine
that soils or other pertinent conditions require such greater setback
to reasonably protect the water quality of the water body involved.
[Added 10-11-2011]
A.
Findings and purpose.
(1)
The wetlands of the Town are an invaluable resource for flood
protection, economic development, open space and aesthetic and recreational
uses and are essential to maintaining the unique scenic and natural
resources of the Town. Loss of freshwater wetlands deprives the Town
of the benefits of wetlands, including wildlife habitat, protection
of groundwater resources, erosion control, pollution treatment (as
a natural oxidation basin), open space and recreation.
(2)
The purpose of these wetland regulations is to promote and protect
the public health, welfare and safety, and to protect economic property
values, aesthetic and recreational values and other natural resource
values associated with wetlands. It is the further purpose of these
regulations to provide for the:
(a)
Protection, preservation, proper maintenance and use of Town
wetlands in order to minimize disturbance to them and to prevent damage
from erosion, turbidity or siltation, a loss of wildlife and vegetation
and/or from the destruction of the natural habitat thereof; and
(b)
Protection of the Town's potable fresh water supplies from drought,
overdraft, pollution or mismanagement.
B.
Wetland regulations.
(1)
In the case of wetlands, the following restrictions shall apply:
(a)
Wetland setbacks. The minimum setback of all structures in excess
of 100 square feet, other than sewage and septic facilities, docks
and boathouses, shall be 20 feet from a wetland that is not within
a water body.
[1]
Decks, porches, stairs, ramps, roof overhangs and
other similar additions to or components of single-family dwellings,
mobile homes, multiple-family dwellings and other structures shall
be considered part of the structure for purposes of applying the wetlands
setback restrictions.
[2]
Individual structures of 100 square feet or less,
not flush with the natural ground level, are exempt from the wetland
setback requirements, provided that there shall not be more than one
such structure within the wetland setback on a lot. The maximum height
for such structures is 16 feet in height measured from the lowest
grade to the highest point of said structure. Additional structures
of 100 square feet or less are permissible if granted site plan approval
by the Planning Board.
(b)
For wetlands within a water body, the shoreline setbacks shall
apply.
(2)
Sewage facilities. The minimum setback of any on-site sewage
drainage field or seepage pit from a wetland shall be 100 feet from
the wetland boundary, irrespective of the zoning district or land
use area classification. The Planning Board or Zoning Administrator
or the Adirondack Park Agency in its review of Class A regional projects
shall have authority to require a greater setback of any on-site drainage
field or seepage pit than the minimum herein set forth if soils or
other pertinent conditions require such greater setback to reasonably
protect the water quality of the water body involved.
C.
Permits. A landowner or other applicant seeking to undertake a regulated
activity as defined under 9 NYCRR 578.3 or to undertake a Class A
regional project as defined in New York State Executive Law § 809
must apply for and obtain a permit from the Adirondack Park Agency
prior to undertaking such activity or project. Nothing in this section
is intended to supersede the New York State Freshwater Wetlands Act
(Environmental Conservation Law, § 24-801) or the Adirondack
Park Agency Act (Executive Law § 809) or otherwise limit
the jurisdiction of the Adirondack Park Agency to regulate wetlands.
A.
In all residential and recreational commercial zones,
docks may be constructed on any legal-size building lot, subject to
number, size, configuration and setback restrictions, and for which
a building permit has been issued, and shall be as per Lake George
Park Commission Regulations.
B.
Boathouses and covered docks shall not exceed one
story or 16 feet in height and shall be designed and constructed solely
for the storage of boats and related equipment. Sundecks will be limited
to the perimeter of the boathouse, and railings on sundecks will be
allowed.
[Amended 10-10-2000]
[Amended 11-10-1998; 12-14-1999 by L.L. No. 2-1999; 10-11-2011]
Fences and walls shall be permitted as provided
in this section.
A.
General.
(1)
No fence or wall shall be erected within 50 feet of the mean high-water
mark of the shoreline.
(2)
In no case shall barbed wire, electricity or similar materials or
devices be used in conjunction with or as part of any fence or wall.
No fence or wall shall be permitted which is expressly designed with
the intent to injure or maim.
(3)
No fence or wall over three feet in height shall be erected or maintained
within 20 feet of any roadside property line. The provisions of this
subsection shall not apply to fences or walls on premises used for
farm purposes.
(4)
All applications for fences or walls to be installed on property
lines must include a property survey, which has been prepared by a
New York State licensed land surveyor.
(5)
All fences and walls shall be measured from existing grade to the
highest point of said fence.
(6)
The provisions of this subsection shall not apply to fences or walls
on premises used for farm, limited industrial and utility purposes.
B.
Residential properties. No fence or wall over four feet in height
shall be erected or maintained in any rear or side yard. Rear and
side line fences can be erected on property lines.
C.
Commercial properties.
(1)
A fence eight feet in height may be permitted, provided
that said fence meets one of the following requirements:
(a)
The fence is needed to prevent entry to an area
which could be hazardous to the health, safety or welfare of a person
or persons.
(b)
The fence is needed to secure or screen an area
where materials and/or equipment are stored.
(c)
The fence is needed to keep animals other than
common household pets, except in a kennel situation, from entering
or leaving the site.
(d)
Where the general community interests or interests
of safety justify the need for such a fence.
(2)
Fencing for commercial and industrial properties and
utility facilities shall be approved by the Planning Board under Type
1 site plan review.
D.
Maintenance of fences and walls. Fences and walls
shall be continually maintained, and no fence or wall shall be permitted
to become unsightly or in a state of disrepair, as determined by the
Zoning Administrator.
E.
Clear vision zone. There shall be a clear vision zone
at all corners of intersecting roads, or road junctions, consisting
of a triangular area defined by the point of intersection of the right-of-way
lines and the two points extended along such lines for a distance
of 35 feet from any intersection. This subsection applies to natural
vegetation as well as man-made structures.
F.
Nonconforming uses. Fences and walls lawfully existing
at the time of the passage of this chapter shall be deemed a nonconforming
appurtenance and shall be treated as nonconforming uses under this
chapter.
A.
B.
Mobile home lots. In no case shall a mobile home lot
have a total area of less than 5,000 square feet, with a minimum width
of 50 feet.
C.
Mobile home. Only one mobile home shall be permitted
to occupy one mobile home lot.
D.
Mobile home stand and skirting.
(1)
Each mobile home lot shall have a mobile home stand
which will provide for the practical placement on and removal from
the lot of both the mobile home and appurtenant structures, and the
retention of the home on the lot in a stable condition.
(2)
The stand shall be of sufficient size to fit the dimensions
of the anticipated homes and their appurtenant structures or appendages.
(3)
The stand shall be constructed of an appropriate material
which is durable and adequate for the support of the maximum anticipated
loads.
(4)
The stand shall be suitably graded to permit rapid
surface drainage.
(5)
The stand shall be equipped with an anchor or tie
down at each corner thereof to provide adequate security for the mobile
home against wind loading.
(6)
The mobile home shall be enclosed with a desirable
and attractive skirt made of sturdy materials, which will hide all
wheels, chassis and other appurtenances under the mobile home.
E.
Accessibility.
(1)
The mobile home park shall be easily accessible from
an existing public highway or street.
(2)
Where a mobile home park has more than 15 mobile home
lots, two points of entry and exit may be required, but in no instance
shall the number of entry and exit points exceed four.
(a)
Such entrances and exits shall be designed and
strategically located for the safe and convenient movement of traffic
on a public highway or street.
(b)
All entrances and exits shall be approximately
at right angles to the existing public highway or street.
(c)
All entrances and exits shall be free of any
material which would block their visibility from the public highway
or street to which they have access.
(d)
All entrances and exits shall be of sufficient
width to facilitate the turning movements of vehicles with mobile
homes attached.
(3)
The mobile home park shall have graded and surfaced
streets to provide for the convenient access to all mobile home lots
and other important facilities within the park. The street system
shall be so designed to permit safe vehicular circulation within the
court; and streets shall be adapted to the topography and shall have
suitable alignment and gradient for traffic safety.
F.
Utilities and service facilities.
(1)
The following utilities and service facilities shall
be provided in each mobile home park, which shall be in accordance
with the regulations and requirements of the New York State Department
of Health and/or the New York State Department of Environmental Conservation:
(a)
An adequate supply of pure water for drinking
and domestic purposes shall be supplied by pipes to all mobile home
lots and buildings within the park.
(b)
Each mobile home lot shall be provided with
a sewer, which shall be connected to the mobile home situated on the
lot, to receive the waste from the shower, tub, flush toilets, lavatory
and kitchen sink in such home. The sewer shall be connected to a septic
tank and leach field or other suitable drainage system or public or
private sewer system, so as to comply with any applicable sanitary
code.
[Amended 11-10-1998]
(c)
Durable refuse containers with tight-fitting
covers shall be maintained in sufficient number and volume capacity
to permit the disposal of all garbage and rubbish. The container shall
be kept in sanitary conditions at all times. The containers shall
be located no further than 200 feet from any mobile home lot. Garbage
and rubbish shall be collected and disposed of by the park owner or
manager as frequently as may be necessary to ensure that such containers
shall not overflow.
(2)
Other service buildings, including storage areas,
shall be provided as deemed necessary for the normal operation of
the park, such buildings to be maintained by the owner or manager
of the park in a clean, sightly and sanitary condition.
G.
Open space.
(1)
The mobile home park shall provide common open space
for the use by the residents of such park for recreational and other
appropriate purposes; such common open space area may contain recreational
facilities, bicycle trails, walking or horse trails, sitting areas,
wooded areas (areas may be required to be cleared of underbrush) or
any other open space found appropriate by the Planning Board.
(2)
Common open space shall be conveniently located in
the mobile home park. Such space shall have a total area equal to
at least 20% of the gross land area of the park.
H.
Landscaping.
(1)
Planting shall be provided to the extent needed in
order to provide for the year-round screening of objectionable views.
(2)
Screen planting shall be provided along those areas
within the park which front upon or are visible from public highways
and streets or abutting yards of adjunct residential properties, so
as to substantially screen the park from public view at all seasons
of the year.
A.
Each mobile home lot shall have a mobile home stand
which will provide for the practical placement on and removal from
the lot of both the mobile home and its appurtenant structures, and
the retention of the home on the lot in a stable condition.
B.
The stand shall be of sufficient size to fit the dimensions
of the anticipated mobile homes and their appurtenant structures or
appendages.
C.
The stand shall be constructed of an appropriate material
which is durable and adequate for the support for the maximum anticipated
loads.
D.
The stand shall be suitably graded to permit rapid
surface drainage.
E.
The stand shall be equipped with an anchor or tie
down of each corner thereof to provide adequate security for the mobile
home against wind loading.
F.
The mobile home shall be enclosed with a desirable
and attractive skirt made of sturdy materials which will hide all
wheels, chassis and other appurtenances under the mobile home.
A.
For each tourist accommodation unit which is attached to a similar unit by a party wall, each unit of a tourist home or similar structure, and each tourist cabin or similar structure for rent or hire involving less than 300 square feet of floor space, the minimum land area necessary shall be 1/10 the minimum lot area required for the zoning district in which the tourist accommodation is to be located, except for TR-1, which shall be 10,000 square feet per each dwelling unit. Refer to § 160-19 for determination of lot size in Primary and Secondary Hamlets.
B.
The minimum land area for a tourist cabin or similar structure for rent or hire involving more than 300 square feet of floor space shall be the minimum lot area in Article VI hereof for the zoning district in which the cabin or structure is to be located.
C.
Adequate off-street parking shall be provided therefor
with a minimum of one space per unit.
D.
No portion of a tourist accommodation shall be closer
than 25 feet from the boundary line of any adjoining property not
in the same ownership, nor closer than 50 feet from the shore of any
lake or pond.
E.
Where a motel, hotel or tourist accommodation involves the shoreline of any lake or pond, or any river or stream navigable by boat, including canoe, the following shoreline frontages shall be required per room or unit, unless the minimum shoreline lot width in § 160-50B hereof for the zoning district involved is greater, in which case the greater lot width shall be required: 100 feet for one to 10 accommodation units; for each additional unit, up to 20 units, eight additional feet; for each additional unit, up to 40 units, five additional feet; for each additional unit thereafter, three additional feet.
A.
The minimum land area necessary per each individual dwelling unit shall be the minimum lot area required for the zoning district in which the multiple-family dwelling is to be located. Minimum lot area shall be 10,000 square feet per dwelling unit in Primary and Secondary Hamlets. See § 160-19. Also see Chapter 150, Subdivision of Land, § 150-12.
B.
Adequate off-street parking shall be provided therefor
with a minimum of one space per unit.
C.
Approval of water supply and sewage disposal by the
New York State Department of Health or other appropriate regulating
agency shall be mandatory.
[Amended 11-10-1998]
It shall be unlawful for any person to park,
store or permit to be parked or stored any junk automobile on public
or private property within the Town of Hague, provided that this section
shall not apply to a vehicle within an enclosed building, a vehicle
on the premises of a business enterprise operated in a lawful place
and manner and necessary to the operation of such business enterprise,
an unregistered vehicle owned by a property owner for the purpose
of snow removal from such property owner's driveway and the like (in
which instance said vehicle shall not be stored between the front
line of a principal building and the front line of the property) and
a vehicle so located as not to be visible from public roads, trails,
boat or canoe routes or from neighboring properties.
No travel trailer shall be parked or located
overnight within the Town except:
A.
On the property of the owner of the registered vehicle,
and for one travel trailer only;
B.
In a travel trailer camp;
C.
On the premises of a travel trailer sales or rental
establishment; or
D.
On the property of the owner, with permission of the
owner, not to exceed 30 consecutive days or an aggregate of 60 days
in a calendar year.
[Amended 10-11-2011]
A.
Standards.
(1)
General. Creation and expansion, extension or alteration
of any campgrounds, group camps or recreational vehicle (RV) camps
shall be in accordance with the minimum requirements hereinafter set
forth.
(2)
Site considerations shall be as follows:
(a)
Any recreational campgrounds involving lands
designated as a flood hazard area by the Federal Insurance Administration
of the United States Department of Housing and Urban Development,
as depicted on the Zoning Map(s), or any other land subject to repeated
flooding or deemed by the Planning Board to be subject to flood hazard
shall be reviewed by the Board in accordance with applicable provisions
of the site plan review section of these regulations.
[Amended 11-10-1998]
(b)
The campground shall be located in areas where
grades and soil conditions are suitable for location of recreational
living units. The campground shall be located on a well-drained site
which is properly graded to ensure proper drainage and be free at
all times from stagnant pools of water.
(c)
These sites shall be at least two acres in size
or as otherwise stipulated and have access to a public roadway.
(3)
Unit area. Each campground shall have defined and
identifiable camping site areas. The total number of unit areas in
such campground shall not exceed 10 per gross acre. Each unit area
shall have a total area of not less than 3,000 square feet with a
minimum dimension of 30 feet. Only one recreational living unit shall
be permitted to occupy any one camp area. Two tents may be allowed
per site, or one tent plus recreational living unit.
(4)
Improved unit area. Each designated lot shall have
an improved area which will provide for the placement and removal
of recreational living units and for the retention of each in a stable
condition. This improved area shall be of sufficient size to accommodate
the dimensions of all anticipated recreational living units, and shall
be suitably graded to provide proper surface drainage.
(5)
Location of units. A recreational living unit shall
be located at a minimum distance of:
(a)
Twenty-five feet from an adjacent unit, in any
direction.
(b)
Twenty-five feet from an adjacent property line.
(c)
One hundred seventy-five feet from the edge
of the pavement or improved surface area of a public roadway.
(d)
Twenty feet from the edge of any paved or improved
surface area of any roadway within the campground.
(6)
Accessibility. Accessibility shall be as follows:
(a)
Each campground shall be easily accessible from
an existing public roadway.
(b)
Location and number of points of entry and exit
shall be approved by the Planning Board according to the terms under
which the permit is authorized. Such entrances and exits shall be
designed and strategically located for the safe and convenient movement
into and out of the campground, and to minimize conflicts with the
movement of traffic on the public roadway. Ease of access and egress
and turning movements shall be considered in the design of the roadway
system.
(c)
Each campground shall have approved roadways
to provide convenient access to all camping unit areas and other important
facilities within the site. In addition:
[1]
Internal roadways within a campground shall
have minimum rights-of-way and improved surface area as follows:
[2]
All roadways shall be 15 feet for one-way roads
and 20 feet for two-way roads, with six inches of rubble or gravel
for drainage where necessary.
[3]
No parking shall be allowed on any roadway, and there shall be no dead-end roadways in any campground, except that a cul-de-sac or wye turnaround may be provided in accord with those provisions set forth in Chapter 150, Subdivision of Land.
[4]
Adequate access shall be provided to each improved
camping site area.
(7)
Utilities and service facilities. All sewer, water
and public accommodation facilities provided in any campground shall
be in accordance with the regulations of the New York State Department
of Environmental Conservation or Department of Health, as is applicable.
In addition, the following utilities and service facilities shall
be provided in each campground:
(a)
An adequate supply of pure water for drinking
and domestic purposes shall be supplied.
(b)
Waste from all service buildings and individual
lots shall be discharged into an approved public or private sewer
system in compliance with the New York State Department of Environmental
Conservation and New York State Department of Health, and in such
a manner so as not to present a health hazard.
(c)
If other service buildings and facilities are
to be provided, as deemed necessary for the normal operation of the
campground, all such buildings shall be maintained in a sanitary and
safe condition.
(d)
Refuse disposal shall be the responsibility
of the operator of the campground and such refuse shall be disposed
of daily, off site and in a covered can with a plastic bag liner at
each site.
(e)
Where electrical connections or services are
provided, they shall be weatherproof connections and outlets which
are of a type approved by the New York State Uniform Fire Prevention
and Building Code. Proposed electrical service shall be shown on the
plan.
(8)
Recreation; open space area. Each campground shall
provide common open space for the use of the occupants of such campgrounds.
Such open space shall be conveniently located in the campground and
shall constitute a minimum of 20% of the total campground area, such
area to be designated on the site plan in such manner as to be an
integral part of any proposed recreational campground.
(9)
Fireplaces; campfires. All fires in any campground
shall be in a designated approved location with at least a stone or
other fireproof enclosure demarcating the usable area from which all
vegetative growth or other flammable material which might contribute
to the accidental spread of the fire shall be removed.
(10)
Landscaping shall be as follows:
(a)
Lawn and ground cover shall be provided on those
areas not used for the placement of individual recreational living
units and other buildings, walkways, roads and parking areas.
(b)
Plantings shall be provided to the extent needed
in order to screen objectionable views, provide adequate shade and
to provide suitable settings for the recreational living units and
other facilities. Views which shall be screened include laundry facilities,
other nonresidential uses, refuse storage and collection areas, and
all abutting yards of adjacent properties.
(c)
Other planting shall be provided along those
areas within the campground which front upon or are visible from existing
public roadways so as to substantially screen the campground from
public view at all seasons of the year.
(11)
Removal of wheels. It shall be unlawful to remove
wheels from any recreational living unit or otherwise permanently
affix such unit to the ground. Such removal shall be grounds for the
revocation of the operating permit for such campground.
(12)
Length of stay. No recreational living unit
shall be permitted as an occupied unit to remain in the campground
for an aggregate period of more than three months in any one calendar
year.
(13)
Related requirements. Issuance of an operating
permit hereunder for the use of the premises as a campground shall
not be construed to eliminate the necessity of complying with all
other applicable ordinances, resolutions, health regulations and other
regulatory authorities or measures.
(14)
Parking space. Off-site parking will be allowed
at a ratio of one space for every five campsites.
(15)
Storage of recreational living units may be
permitted on the campground in an area that does not allow occupancy
by a registered guest of the campground. This area will not have any
utilities or service facilities that will allow a recreational living
unit to be occupied. A unit may be stored on the premises for no longer
than 15 consecutive months.
B.
Administration and enforcement.
(1)
Building/use permit.
(a)
Permit required. No recreational campground
shall be established or expanded in the Town until a building/use
permit therefor has been issued by the Zoning Administrator. All building/use
permits required under the provisions of these regulations shall be
considered according to the following:
[Amended 11-10-1998]
(b)
Application. Plans and information shall be as required according to the respective process called for above and set forth in Article VII, § 160-36, which is a part of these regulations, and such other information as may be necessary in the judgment of the Zoning Administrator or other instrument of the Town to render a determination under and provide for the administration and enforcement of these regulations.
[Amended 11-10-1998]
(c)
A site plan review/permit issued under these
regulations shall be valid for a period of two years from the date
of issuance.
[Added 5-12-2009]
A.
ANTENNA
ANTENNA ARRAY
APPLICANT
HEIGHT
MODIFICATION or MODIFY
SHARED USE
TELECOMMUNICATIONS
TELECOMMUNICATION TOWER
WIRELESS
WIRELESS TELECOMMUNICATIONS FACILITIES (WTF)
Definitions. For the purposes of this section, and where not inconsistent
with the context of a particular section, the defined terms, phrases,
words, abbreviations and their derivations shall have the meaning
given in this section. When not inconsistent with the context, words
in the present tense include the future tense, words used in the plural
number include words in the singular number, and words in the singular
number include the plural number. The word "shall" is always mandatory,
and not merely directory.
A system of electrical conductors that transmit or receive
electromagnetic waves or radio frequency or other wireless signals.
Such shall include, but not be limited to, radio, television, cellular,
paging, personal telecommunications services (PCS), microwave telecommunications
and services not licensed by the FCC, but shall not include those
antennas expressly exempt from the Town's siting, building and permitting
authority.
One or more antennas used to provide wireless service.
Any wireless service provider submitting an application for
a wireless telecommunication facility, including municipal providers.
When referring to a telecommunication tower or other structure,
the distance measured from the lowest existing grade level at the
tower or structure to the highest point on the tower or structure,
even if said highest point is an antenna, a lightning protection device
or any other apparatus attached to the tower or other structure.
The addition, removal or change of any of the physical and
visually discernable components or aspects of a wireless telecommunications
facility, such as antennas, cabling, radios, equipment shelters, landscaping,
fencing, utility feeds, changing the color or materials of any visually
discernable components, vehicular access, parking and/or any upgrade
or replacement of the equipment for better or more modern equipment.
Adding a new wireless carrier or service provider to a telecommunications
tower or telecommunications site is a modification. A change in the
effective radiated power or a change in the radio frequency emissions
from the facility is a modification. A modification shall not include
the replacement of any components of a wireless facility where the
replacement is identical to the components being replaced or for any
matters that involve the normal repair and maintenance of a wireless
facility without adding, removing, or changing anything.
The use of a tower or other structure to support antennas
for the provision of the wireless services.
The transmission and/or reception of audio, video, data,
and other information by wire, radio frequency, light, and other electronic
or electromagnetic systems.
A structure, including a building, pole or other device,
on which transmitting and/or receiving antennas are located.
The use of radio frequencies over the air or any other functional
equivalent means of providing service over the air that does not primarily
rely upon wires or cable for the provision of service.
Includes a telecommunications tower, a telecommunications
site and any structure, facility, or location designed, or intended
to be used as, or used to support, antenna or other transmitting or
receiving devices. This includes, without limit, telecommunication
towers of all types and kinds and structures that employ stealth technology,
including, but not limited to, structures such as a multistory building,
church steeple, silo, water tower, sign or other structure, that can
be used to mitigate the visual impact of an antenna or the functional
equivalent of such, including all related facilities such as cabling,
guy wires, and associated anchors, equipment shelters and other structures
associated with the site. It is a structure and facility intended
for transmitting and/or receiving radio, television, cellular, paging,
911, personal telecommunications services, commercial satellite services,
microwave services and services not licensed by the FCC, but not expressly
exempt from the Town's siting, building, and permitting authority.
B.
General provisions.
(1)
After the effective date of this section, no WTF shall be used, erected, moved, reconstructed, or modified, nor shall any existing structure be altered to a wireless telecommunication facility, except in conformance with this section and Article VII, Uses Permitted by Site Plan Review.
(2)
Where these provisions conflict with other laws and ordinances of
the Town of Hague, the more restrictive shall apply.
C.
Project application. An application for approval of a WTF shall include
the following in addition to the general site plan review requirements.
(1)
Documentation on the proposed intent and capacity of use;
(2)
Justification for the proposed height of any telecommunication tower
or antennas;
(3)
Justification for any land or vegetation clearing required;
(4)
A map detailing where signals would be received;
(5)
A visual analysis with particular attention to visibility from key
viewpoints within and outside of the Town, as identified in the EAF;
and
(6)
A completed full environmental assessment form (EAF).
D.
Approval standards.
(1)
Shared Use.
(a)
At all times, shared use of existing towers or structures shall
be preferred to the construction of new towers. Where such shared
use is unavailable, location of antennas on lawfully existing structures
shall be considered. Each applicant shall prepare and provide an adequate
report inventorying existing towers within reasonable distance of
the proposed site and outlining opportunities for shared use of existing
facilities and use of other existing structures as an alternative
to new construction.
(b)
An applicant proposing to share use of an existing tower shall
document the owner's consent. The applicant shall pay all reasonable
fees and costs of adapting an existing tower or structure to a new
shared use. Those costs include but are not limited to structural
reinforcement, preventing transmission or receiver interference, additional
site screening, and other changes, including real property acquisition
or lease required to accommodate shared use.
(c)
In the case of new towers, an applicant shall submit a report
demonstrating good faith efforts to secure shared use from existing
towers as well as documenting capacity for future shared use of the
proposed tower. Written requests and responses for shared use shall
be provided.
(2)
Setbacks.
(a)
New WTF shall comply with all building setbacks applicable in
the affected zone.
(b)
New telecommunication towers shall be set back from all adjoining
property and areas of public access by a distance of 1 1/2 times
the height of the tower.
(c)
Additional setbacks for new telecommunication towers shall be
required to protect and preserve privacy of adjoining landowners and
to protect the public and surrounding property from ice-fall or debris
from structural failure.
(d)
Antenna arrays proposed for existing structures, such as church
steeples, and water tanks, shall be set back from all adjoining properties
and areas of public access as determined necessary by the reviewing
board for the health, safety and general welfare of the residents
and visitors of the Town.
(3)
Visibility.
(a)
All telecommunication towers and accessory structures shall
be sited to avoid and mitigate adverse visual and aesthetic impacts
upon the natural environment and visual character of the neighborhood
or environs and the Town of Hague.
(b)
Telecommunication towers shall not be artificially lighted except
as required by the Federal Aviation Administration (FAA). Towers should
be designed and sited so as to avoid, whenever possible, application
of FAA lighting and painting requirements.
(c)
Towers shall be lower than the surrounding tree canopy unless
the applicant can demonstrate to the review board that the technical
requirements of the telecommunications system prevent the practical
use of towers at that height.
(d)
In all cases, guyed towers shall be preferable to freestanding
structures except where such freestanding structures offer capacity
for future shared use.
(e)
In such cases where new telecommunication towers are proposed
to extend above the surrounding tree canopy, they shall resemble natural
vegetation. Where towers are at or below the surrounding tree canopy,
they shall resemble natural vegetation unless screened from public
view. The intent is to minimize adverse impacts upon the natural environment
and visual character of the nearby area and the Town.
(f)
Building materials, colors and textures designed to blend with
the natural surroundings shall be used for WTF. Telecommunication
towers and antenna arrays shall maximize use of building materials,
colors and textures designed so the structures shall not draw attention
or distract from the natural surroundings.
(4)
Securing the site from unauthorized access. Provision shall be made
for securing the site from unauthorized access at all times and the
review board may require that the telecommunication tower, guys and
accessory facilities be fenced to prevent any unauthorized entry.
(5)
Existing vegetation. Existing on-site vegetation shall be preserved
to the maximum extent possible, and no cutting of trees exceeding
six inches in diameter at breast height shall take place prior to
the issuance of a permit for the WTF.
(6)
Screening. Deciduous and evergreen tree plantings may be required
to screen portions of the telecommunication tower from nearby residential
properties and public sites known to include important views or vistas.
Where the site adjoins residential or public property, including streets,
the following vegetative screening shall be required: for all towers,
at least one row of native evergreen shrubs or trees capable of forming
a continuous hedge at least 10 feet in height within two years of
planting shall be provided to effectively screen the tower base and
accessory facilities. In the case of poor soil conditions, planting
may be required on soil berms to assure plant survival. Plant height
includes the height of any berm on which the plant is placed.
(7)
Access and parking. Road and parking facilities shall be provided
to assure adequate access for maintenance and emergency and service.
Maximum use of existing roads, public or private, shall be made. Road
construction shall at all times minimize ground disturbance and vegetation
cutting to within the "toe of fill," the "top of cuts," or no more
than 10 feet beyond the edge of any pavement. Road grades shall closely
follow natural contours to assure minimal visual disturbance and reduce
soil erosion potential. Public road standards may be waived by the
reviewing board in meeting the objectives of this subsection.
E.
Maintenance and removal upon abandonment. The applicant shall supply
all necessary construction and maintenance data for the entire period
of the anticipated use of the WTF to the reviewing board prior to
any final decision on any application. The reviewing board may require
annual inspections of the WTF to ensure its structural soundness and
safety and compliance with conditions of approval. The reasonable
cost of such inspections shall be borne by the applicant or its successors
in interest. The applicant or its successors in interest shall notify
the Zoning Administrator 90 days prior to the discontinuance of use
of the WTF. Any obsolete or unused WTF and accessory structures, including
guys, shall be removed by the applicant or its successors in interest
within four months of the discontinuance of use. The applicant or
its successors in interest shall restore the site to its pre-WTF condition
and appearance to the extent such is practicable, including planting
to restore vegetation. The reasonable cost for such removal and restoration
shall be borne by the applicant or its successors in interest. Failure
to notify and/or remove the obsolete or unused WTF in accordance with
these provisions shall be a violation of this chapter.
F.
Intermunicipal notification for proposed new telecommunication towers.
In order to keep neighboring municipalities informed, and to facilitate
the possibility of using an existing tall structure or telecommunication
tower in a neighboring municipality for shared use, and to assist
in the continued development of County 911 Services, the following
procedures shall apply:
(1)
An applicant who proposes a new telecommunication tower shall notify
in writing the legislative body of each of the adjoining municipalities
and the Director of Warren County Emergency Services. Notification
shall include a description of the project, including, but not limited
to, the height of the tower and its capacity for future shared use.
(2)
Documentation of this notification shall be submitted to the Planning
Board at the time of application.
(3)
An applicant who proposes a new WTF shall notify in writing the New
York State Adirondack Park Agency. Such notice shall include a copy
of the application materials and all documents and papers in support
thereof submitted to the Town and shall be made simultaneously with
the filing of the application with the Planning Board.
G.
Professional review fees. In addition to all other fees required
under the Zoning Ordinance, the Planning Board shall require an applicant
to pay the costs incurred by the Planning Board for legal and/or technical
review of an application. The fees charged to an applicant shall reflect
the actual costs of reasonable and necessary legal and/or technical
assistance and review incurred by the Planning Board.
[Added 5-12-2009]
A.
Purpose. The purpose of these rental regulations is to allow the
rental of one-family dwellings and to promote and protect the public
health, welfare, and safety, and to protect the economic property
values and aesthetics of neighborhoods. To further protect the abutting
neighborhoods and tenants of such dwellings, the following regulations
apply:
(1)
The owner of the rental property assumes responsibility for the health,
safety, and welfare of the renter by assuring compliance with the
appropriate fire prevention and building codes, sanitary codes, and
local Town of Hague Zoning Codes.
(2)
The owner of the rental property assumes responsibility for the conduct
of the tenants so as to protect the health, safety, and welfare of
the surrounding property owners and to protect the property values
of the neighborhood.
B.
General.
(1)
Smoke Detectors. Each rental dwelling shall be equipped with a functioning
smoke detector device and CO2 monitor, in compliance with New York
State Uniform Fire and Prevention and Building Code.
(2)
Septic systems. Leach fields shall be clearly flagged to prevent
damage from cars parking or installation of sporting goods equipment.
(3)
Occupancy limitation of rental, based on the number of bedrooms in
the dwelling: Occupancy is calculated at two persons per bedroom,
plus two additional persons (number of bedrooms _____ x 2) + 2 = _____
occupants).
(4)
Requirements of owners of rental property: All owners of rental property
shall maintain, at the premises to be rented, a display of information
for the tenant of the property. The display should be posted next
to the main entrance of the home to be rented. Said display should
include:
(a)
Fire, ambulance, and police numbers.
(b)
911 address.
(c)
Drinking-water source.
(d)
Information relevant to sewage system.
(e)
Emergency contact person: name and phone number of person who
could be reached within 25 miles.
(f)
Occupancy limitation.
(g)
Trash disposal information.
(i)
Any other pertinent information relevant to use or restrictions
of the property.
[Added 6-11-2019[1]]
A.
Authority. This Zoning for Solar Energy Law is adopted pursuant to
§§ 261 through 263 of the Town Law, which authorize
the Town of Hague to adopt zoning provisions that advance and protect
the health, safety, and welfare of the community, and "to make provision
for, so far as conditions may permit, the accommodation of solar energy
systems and equipment and access to sunlight necessary therefor."
B.
Statement of purpose. The purpose of this section is to provide for
the siting, development, and the decommissioning of renewable energy
projects, including smaller-scale photovoltaic systems, and solar
arrays in the Town of Hague, subject to reasonable conditions that
promotes and protects the public health, safety, welfare and property
values of the community while encouraging development of alternative
energy resources, including:
(1)
Taking advantage of a safe, abundant, renewable, and nonpolluting
energy resource;
(2)
Decreasing the cost of energy to the owners of commercial and residential
properties, including single-family houses; and
(3)
Increasing employment and business development in the region by furthering
the installation of solar energy systems.
C.
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM
GROUND-MOUNTED SOLAR ENERGY SYSTEM
LARGE-SCALE SOLAR ENERGY SYSTEM
ROOF-MOUNTED SOLAR ENERGY SYSTEM
SOLAR ENERGY EQUIPMENT
SOLAR ENERGY SYSTEM
SOLAR PANEL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A combination of photovoltaic building components integrated
into any building envelope system, such as vertical facades, including
glass and other facade material, semitransparent skylight systems,
roofing materials, and shading over windows.
A solar energy system that is anchored to the ground and
attached to a pole or other mounting system, detached from any other
structure for the primary purpose of producing electricity for on-site
consumption.
A solar energy system that is ground mounted and produces
energy primarily for the purpose of off-site sale or consumption.
A solar panel system located on the roof of any legally permitted
building or structure for the purpose of producing electricity and/or
hot water for on-site consumption.
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
An electrical generating system composed of a combination
of both solar panels and solar energy equipment.
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
D.
Applicability. The requirements of this section shall apply to all
solar energy systems installed or modified after its effective date,
excluding general maintenance and repair and building-integrated photovoltaic
systems.
E.
Solar as an accessory use or structure.
(1)
Roof-mounted solar energy systems.
(a)
Roof-mounted solar energy systems that use the electricity and/or
hot water on site are permitted as an accessory use in all zoning
districts when attached to any lawfully permitted building or structure.
(b)
Height. Roof-mounted solar energy systems shall not exceed the
maximum height restrictions of the zoning district within which they
are located.
(c)
Aesthetics. Roof-mounted solar energy system installations shall
incorporate, when feasible, the following design requirements:
[1]
Panels must be mounted at the same angle as the roof's
surface with a maximum distance of 18 inches between the roof and
highest edge of the system.
[2]
The panel's lens covers should be consistent with the color
of the structure's roofing material and should not extend beyond
the edge of the roof.
[3]
Glare. Solar panels shall be placed such that concentrated solar
radiation or glare shall not be directed onto nearby properties or
roadways, or towards the lake, and nonreflective panels shall be required.
(d)
Roof-mounted solar energy systems that use the energy on site
shall be exempt from site plan review under the local zoning code,
but will require a Town of Hague land use permit and must meet and
comply with all current building codes for photovoltaic collection
systems prior to installation.
(2)
Approval standards for ground-mounted solar energy systems as site
plan review.
(a)
Ground-mounted solar energy systems that use the electricity
primarily on site are permitted as accessory structures by Type I
site plan review.
(b)
Height and setback. Ground-mounted solar energy systems shall
not exceed half of the maximum building height restrictions of the
zoning district within which they are located.
(c)
Lot coverage. The surface area covered by ground-mounted solar
panels shall be included in total lot coverage.
(d)
All placement of ground-mounted solar energy systems will be
determined by a coordinated review of the Planning Board and the owners
of the property. When practical, the ground-mounted solar energy systems
should be placed in the side or rear yard as to reduce the visual
impact on the neighboring properties or the neighborhood.
(e)
Ground-mounted solar energy systems will not be included in the shorelines exemption, supplemental regulations of Article IX, § 160-50, Shorelines, § 160-50B, and shall be subject to the applicable shoreline setbacks of the district in which they are located, even if they are less than 100 square feet.
(f)
Glare. Solar panels shall be placed such that concentrated solar
radiation or glare shall not be directed onto nearby properties or
roadways, or towards the lake, and nonreflective panels shall be required.
(g)
Ground-mounted solar energy systems will require a Town of Hague
land use permit following Type I site plan review and must meet and
comply with all current building codes for photovoltaic collection
systems as well as a New York State unified solar permit prior to
installation.
(3)
Approval standards for large-scale solar energy systems as a site
plan review.
(a)
Large-scale solar energy systems that are permitted through
the issuance of a Type I site plan review within OCI and OCII Zoning
Districts are subject to the requirements set forth in this section.
Applications for the installation of a large-scale solar energy system
shall be reviewed by the Zoning Administrator and referred, with comments,
to the Planning Board for its review and action, which can include
approval, approval with conditions, or denial.
(b)
Large-scale solar energy systems will require a Town of Hague
land use permit following Type I site plan review and must meet and
comply with all current building codes for photovoltaic collection
systems as well as a New York State unified solar permit prior to
installation.
(c)
Site plan review application requirements. For a site plan review
application, the site plan application is to be supplemented by the
following provisions:
[1]
If the property of the proposed project is to be leased, legal
consent between all parties, specifying the use(s) of the land for
the duration of the project, including easements and other agreements,
shall be submitted.
[2]
Blueprints showing the layout of the solar energy system signed
by a professional engineer or registered architect shall be required.
[3]
The equipment specification sheets shall be documented and submitted
for all photovoltaic panels, significant components, mounting systems,
and inverters that are to be installed.
[4]
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming.
[5]
Decommissioning plan. The applicant or its successors in interest shall notify the Zoning Administrator 40 days prior to the discontinuance of use of the large-scale solar energy system. All components of the large-scale solar energy system shall be removed by the applicant or its successors in interest within four months of the discontinuance of use. To ensure the proper removal of a large-scale solar energy system, a decommissioning plan shall be submitted as part of the application. Compliance with this plan shall be made a condition of the issuance of site plan approval under this section. The decommissioning plan must specify that after the large-scale solar energy system can no longer be used, it shall be removed by the applicant or any subsequent owner. The plan shall demonstrate how the removal of all infrastructure and the remediation of soil and vegetation shall be conducted to return the parcel to its original state prior to construction. The plan shall also include an expected time line for execution. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a professional engineer or contractor. Cost estimations shall take into account inflation. Removal of large-scale solar energy systems must be completed in accordance with the decommissioning plan. If the large-scale solar energy system is not decommissioned after being considered abandoned, the municipality may remove the system and restore the property and impose a lien on the property to cover these costs to the municipality. Failure to notify and/or remove the obsolete or unused large-scale solar energy system in accordance with these provisions shall be a violation of this chapter as per § 160-88, Penalties for offenses.
(d)
Site plan standards.
[1]
Height and setback. Large-scale solar energy systems shall adhere
to the setback requirements of the underlying zoning district. The
height of large-scale solar energy components shall not exceed half
of the maximum building height of the underlying zoning district.
[2]
Lot size. Large-scale solar energy systems shall be located
within Open Countryside I (2.9 acres) or Open Countryside II (eight
acres) Zoning Districts.
[3]
Lot coverage. A large-scale solar energy system that is ground
mounted shall not exceed the percentage of lot coverage allowed in
the zoning district in which the property is located. The surface
area covered by solar panels shall be included in total lot coverage.
[4]
All large-scale solar energy systems shall be enclosed by fencing to prevent unauthorized access. Warning signs with the owner's contact information shall be placed on the entrance and perimeter of the fencing. The type of fencing and any additional screening shall be determined by the Planning Board and must meet the requirements as stated in Article IX, § 160-52, Fences and walls. The fencing and the system may be further screened by any landscaping needed to avoid adverse aesthetic impacts.
[5]
Glare. Solar panels shall be placed such that concentrated solar
radiation or glare shall not be directed onto nearby properties or
roadways, or towards the lake, and nonreflective panels shall be required.
[6]
Any application under this section shall meet any substantive
provisions contained in local site plan requirements in the Zoning
Code that, in the judgment of the Planning Board, are applicable to
the system being proposed.
[7]
The Planning Board may impose conditions on its approval of
any site plan review under this section in order to enforce the standards
referred to in this section or in order to discharge its obligations
under the State Environmental Quality Review Act (SEQRA).[2]
[2]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
F.
Abandonment and decommissioning. Solar energy systems are considered
abandoned after 90 days without electrical energy generation and must
be removed from the property. Applications for extensions are reviewed
by the Planning Board and can only be extended for a period of four
months.
G.
Enforcement. Any violation of this Solar Energy Law shall be subject to the same civil and criminal penalties provided for in the zoning regulations of § 160-88, Penalties for offenses.
H.
Severability. The invalidity or unenforceability of any section,
subsection, paragraph, sentence, clause, provision or phrase of the
aforementioned sections as declared by the valid judgment of any court
of competent jurisdiction to be unconstitutional shall not affect
the validity or enforceability of any other section, subsection, paragraph,
sentence, clause, provision or phrase, which shall remain in full
force and effect.
I.
Professional review fees. In addition to all other fees required under the Zoning Ordinance, the Planning Board shall require an applicant to pay the costs incurred by the Planning Board for legal and/or technical review of an application. The fees charged to an applicant shall reflect the actual costs of reasonable and necessary legal and/or technical assistance and review incurred by the Planning Board, § 160-8, Professional assistance.
