Town of Austerlitz, NY Article VI Specific Regulations

§ 195-21 Telecommunications towers.

A. Purpose and intent. The purposes of this section are to regulate the construction of telecommunications towers and related uses consistent with applicable federal and state regulations; to minimize the total number of telecommunications towers in the community by encouraging shared use of existing and future towers; and to minimize the adverse visual effects of towers by requiring careful siting, visual impact assessment and appropriate landscaping in order to protect the natural features, such as ridgelines, vegetation and wetlands, property values and aesthetic character of the Town of Austerlitz. These provisions are not intended to prohibit or have the effect of prohibiting the provision of personal wireless services, nor shall they be used to unreasonably discriminate among providers of functionally equivalent services consistent with current federal regulations.

B. Applicability. No new telecommunications towers may be built, nor any existing telecommunications towers be modified, except in accordance with this section.

C. In addition to the requirements for a special use permit and site plan approval, the applicant shall provide the following information in connection with its application:

(1) A site plan that shows all existing and proposed structures and improvements, including antennas, roads, buildings, guy wires and anchors, parking, landscaping and grading plans for new facilities and roads. Any methods used to conceal the modification of an existing facility shall be indicated on the site plan.

(2) A tower usage plan which identifies the type of use, level of use and any characteristics of the tower which may affect the surrounding area. The tower usage plan shall also outline construction methods and removal plans in the event that tower usage is discontinued.

(3) A map of areas of telecommunications coverage already in place within the Town, demonstrating, through overlay zones, the technological necessity of the proposed tower at the site to provide the type of service.

(4) A letter of intent committing the tower owner and his/her successors in interest to notify the Secretary of the Planning Board within 15 days of the discontinuation of use of the tower.

(5) A visual impact assessment, which shall include:

(a) A zone of visibility map that illustrates the entire area within which the tower will be visible.

(b) Pictorial representations of a large balloon or other object fixed at the height and location of the proposed telecommunications tower. The balloon or other object shall be of such size, color and shape as to be visible from all locations within the three-mile radius of the facility site from which the proposed tower will be visible. The photographs shall be taken from a reasonable number of key viewpoints within the Town, specified by the Planning Board (after consultation with the applicant, preferably prior to the filing of the application), including, but not limited to, state highways and other major roads, state and local parks, preserves and historic sites and other locations where the site is visible to a large number of residents, visitors or travelers.

(c) Applicants will fly a balloon or other device at the maximum height of the proposed tower for three days prior to the first public hearing and for four days immediately following the first public hearing held on the proposal to aid residents in visualizing the height of the proposed tower.

(6) In case of shared use of an existing tower or accessory facility, documentation of permission from the owner of the existing facility to allow shared use.

(7) In the case of the shared use, an engineer's report certifying that the proposed shared use will not diminish the structural integrity and safety of the existing tower or accessory structure and explaining what modifications, if any, will be required in order to certify the foregoing.

(8) An analysis of the cumulative impact of the proposed facility and other existing foreseeable telecommunications facilities in the area, including technologically feasible mitigating measures.

D. Shared use of existing towers. The Town is strongly in favor of minimizing the degradation of the visual environment caused by telecommunications towers. At all times, use of existing towers and existing sites shall be preferable to the construction of a new tower and the development of a new site.

(1) In all cases where an application has been made for the construction of a new tower, an applicant shall present an adequate report inventorying existing towers within a reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities and use of other preexisting structures as an alternative to a new construction.

(2) In the case of new towers, the applicant shall submit a report demonstrating good faith efforts to secure shared use from existing towers, as well as documentary capacity for future shared use of the proposed tower. Written requests for shared use and the responses thereto shall be provided.

(3) An applicant intending to share use of an existing tower shall document approval from an existing tower owner to share use. The applicant shall pay all reasonable fees and costs of adapting an existing tower or structure for 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 properly acquisition or lease required to accommodate shared use.

E. Shared use of new towers. The applicant shall design all new telecommunications towers in such a way as to accommodate additional demand for reception and transmitting facilities in the future. For all applications for the construction of new towers, the applicant shall submit to the Planning Board a written irrevocable commitment, valid for the duration of the existence of the proposed tower, obligating the owner of the proposed tower and his/her successors in interest to negotiate in good faith for shared use of the proposed tower by other telecommunications providers in the future. This letter shall be filed with the Secretary of the Planning Board prior to any site plan approval. Failure to submit this letter on terms satisfactory to the Planning Board shall be grounds for denial of the approval of the site plan by the Planning Board. The letter shall commit the new tower owner and his/her successors in interest to:

(1) Respond within 30 days to a request for information from a potential shared-use applicant.

(2) Negotiate in good faith concerning future requests for shared use of the new tower and sites by other telecommunications providers.

(3) Allow shared use of the new tower or site if another telecommunications provider agrees in writing to pay reasonable charges. The charges may include, but are not limited to, a pro rata share of the cost of site acquisition, planning, project administration, land costs, site design, construction and maintenance improvement, financing, return on equity and depreciation and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.

F. New tower design. The design of a new tower shall comply with the following:

(1) Any new tower shall be designed to accommodate additional shared use by other telecommunications providers.

(2) Unless specifically required by other regulations, a tower shall have a finish (either painted or unpainted) that minimizes visual impact.

(3) Accessory structures shall maximize the use of building materials, colors and textures that blend with natural surroundings.

(4) New towers shall not exceed the minimum height necessary to provide adequate coverage for the personal wireless service facilities proposed for use on the tower.

(5) Unless required by the Federal Aviation Administration, no night-lighting of towers for the personal wireless facilities is permitted, except for manually operated emergency lights for use only when operating personnel are on site. In instances when night-lighting is required, towers shall be equipped only with the minimum lighting required by law and, in which case, such lighting shall be of such type as to minimize glare.

(6) No portion of any tower or accessory structure shall be used for advertising purposes. However, each tower must exhibit, at ground level, information as to parties to contact in case of emergency.

G. Site requirements. Telecommunications towers and accessory facilities shall be located so as to minimize potential adverse impacts as follows:

(1) Safety. Telecommunications towers and accessory facilities shall be located a sufficient distance from adjoining property lines and adjoining structures so as to safeguard against damages from icefall or debris from structural damage.

(2) Visual/aesthetic. Towers shall, when possible, be sited where their visual impact is least detrimental to highly rated scenic and historic areas, including ridgelines, properties listed in the State and Federal Register of Historic Places, and scenic roadways.

(3) Environmental degradation. Towers shall, when possible, be sited to avoid affecting rare or endangered flora or fauna. They should also be sited, when possible, away from wetland areas.

(4) Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible.

(5) Screening. Where a site abuts a residential or public property, including streets or roads, screening shall be required. Deciduous or evergreen tree plantings shall be required to screen portions of the tower and accessory structures from nearby residential property, as well as from public sites which include important views or vistas.

(6) Roads/access. For all tower sites, the roads or other means of access leading to and from same shall be inspected and approved by the Town Highway Superintendent before any building permit is issued for the construction of the tower. All roads leading to the tower shall be adequate for access for emergency and service vehicles on a year-round basis. Maximum use of existing roads, public or private, shall be made. Road construction shall be consistent with standards for private roads as required by the Town. The road grade shall closely follow the natural contour so as to assure minimal visual disturbance and reduce soil erosion potential.

(7) Parking. Parking that assures adequate spaces for emergency and service vehicles shall be provided. The Planning Board shall determine the number of required spaces based upon a recommendation from the applicant.

(8) Fencing. The tower and any accessory structure shall be adequately enclosed by a gated fence, the design of which shall be approved by the Planning Board.

H. Inspections and tower use reports.

(1) Inspections and tower use reports. The Code Enforcement Officer shall be entitled to inspect the telecommunications tower and accessory facilities upon completion of construction and at least one time annually thereafter. The owner/applicant shall deliver to the Planning Board, as a condition to site plan approval hereunder, written permission for access to the facility site and such tower to inspect the tower and determine compliance with the tower usage plan, as well as its structural integrity, at any time.

(2) The applicant/operator shall submit to the Planning Board an annual report setting forth the type and frequency of usage of the tower and indicating compliance with the tower usage plan.

I. Removal of towers.

(1) Prior to being granted site plan approval pursuant to this section, an applicant shall submit to the Planning Board a document, in recordable form, executed by the owner of the property on which the telecommunications tower is to be located, satisfactory to the Planning Board. This document shall commit the owner and his/her successors in interest to independently be responsible for removal of the telecommunications tower and accessory facilities upon the termination of service as hereinafter provided. Said document will also authorize the Town to enter onto the owner's property in the event the tower is not removed in accordance with the provisions of this chapter and authorizing the Town to proceed with the removal of the telecommunications towers and accessory facilities. The document will also allow the Town, without further notice to the owner, to remove the tower and accessory facilities, to charge the owner with the reasonable costs of removal, and file a lien against the property of the owner for all of the costs associated with same.

(2) Any telecommunications tower which ceases to operate for a period of one year shall be removed. "Cease to operate" is defined as not performing the normal functions associated with operation for a period of one year.

(3) In the event the telecommunications tower ceases to operate, the owner of the site shall forthwith notify the Code Enforcement Officer and shall remove said tower and accessory facilities from the site within 60 days. Upon removal of the telecommunications tower and accessory facilities, the owner shall restore the site to its original condition or the standards of the surrounding area at the time of removal, as determined by the Code Enforcement Officer.

(4) Failure to notify the Code Enforcement Officer and/or to remove the telecommunications tower and accessory facilities after said tower ceases to operate shall constitute a violation of this section and shall authorize the Town to remove said telecommunications tower and accessory facilities at the owner's sole cost and expense in accordance with the provisions of this section.

J. Notification. An applicant proposing a new telecommunications tower shall mail notice of the filing of the application and all public hearings directly to all landowners whose property is located wholly or in part within 500 feet of the property line of the facility site. Notification in all cases shall be made by certified mail, return receipt requested, at least 10 days prior to the scheduled Planning Board meeting. Documentation of the foregoing notification shall be submitted to the Planning Board prior to the public hearing.

§ 195-22 Events.

[Amended 7-17-2025 by L.L. No. 3-2025]

Any event, as that term is defined in § 195-58, shall not be allowed unless first approved by the Town Board pursuant to the following procedures.

A. Any person or entity that proposes to have one or more events shall request permission from the Town Board to hold such event(s) by submitting, to the Town Clerk, a request in writing setting forth the following information:

(1) Name of person or entity holding the event,

(2) Date or dates that event is proposed to be held;

(3) Identification of property on which the event is to be held and the owner of such property;

(4) Description of the event (i.e.: what it is being held for, planned activities, etc.),

(5) Number of people that are expected to attend;

(6) Parking accommodations for attendees;

(7) Other accommodations to be provided on-site;

(8) The experience of the event-holder in holding the requested event or similar events;

(9) Hours that the event will be occurring;

(10) Identification of any other approvals or permits that may be required for the event.

B. The person or representative of the entity holding the event shall appear at the Town Board meeting at which the request is on the meeting agenda.

C. The Town Board will review the request with the applicant and make a decision on whether to allow the requested Event within 31 days of the receipt of the request unless more information is necessary or other agencies are involved.

D. The Town Board, within its legislative discretion, will make its decision based on the following criteria:

(1) Whether the property on which the event is to be held can accommodate the expected number of attendees without materially and adversely affecting neighboring properties and the surrounding neighborhood;

(2) Whether the location of the event is appropriate for the particular event for which the request is made;

(3) Whether there are sufficient accommodations for parking, waste collection, crowd control, and other aspects of the event;

(4) Whether the event will generate noise, smoke, odors or other environmental conditions that may affect neighbors to the property on which the event is to be held;

(5) The frequency that the events will be held;

(6) The experience and history of the location or holder of the event in holding events in the past;

(7) Whether the hours in which the event will be operating is reasonable given the nature, size and scope of the event as well as its location; and

(8) Whether the event has the potential to adversely affect the health, safety and general welfare of Town residents.

E. The Town Board may allow the event as presented or with modifications or conditions, or prohibit the event. If other permits or approvals are required, the Town Board shall require those permits or approvals to be obtained prior to the event being held as a condition of the Town Board approval. For outdoor events where the planned attendance exceeds 200 persons, an operating permit from the CEO and conformance with the NYS Uniform Fire Prevention and Building Code will also be required.

F. Pursuant to SEQRA, "minor temporary uses of land having negligible or no permanent impact on the environment" is a Type II action requiring no environmental SEQRA review. 6 NYCRR 617.5(c)(21). It is anticipated that most requests for events will come under this category. However, if the Town Board determines that the request for an event may not fall into this category, the Town Board reserves the authority to require a SEQRA Environmental Assessment Form (EAF) and to conduct a SEQRA environmental review prior to making a decision on the event request.

§ 195-23 Short-term rentals.

[Amended 7-17-2025 by L.L. No. 3-2025]

A. Purpose. This section allows for short-term rental (STR) of residences in the Town of Austerlitz in recognition that such use benefits homeowners, attracts tourists, and boosts the local economy. The Town of Austerlitz 2024 Comprehensive Plan establishes the policy to allow for STR in a manner that also avoids adverse effects on neighboring properties or community character. These provisions are designed to strike a balance between the benefits of STR while protecting the surrounding community and neighborhoods.

B. Prior to commencing rentals, all STR uses shall require a short-term rental permit (hereinafter referred to as "STR permit" or "permit") issued by the Town's Code Enforcement Officer pursuant to this section. A separate application shall be required for each property that is proposed for an STR use regardless if a single owner has multiple properties for STR use. Any time a property is rented for one or more nights but less than 30 nights, an STR permit is required even if the property is also rented for more than 30 consecutive nights to the same tenant or tenants within a calendar year it is considered an STR for which an STR permit is required. An approved and issued STR Permit shall be valid for two years and then eligible for two-year renewals pursuant to Subsection G of this section.

C. All applications for a short-term rental use shall include the following:

(1) Address and tax map number of property that is proposed to be used as a short-term rental and map or plan of the property showing: all buildings; driveways or private roads used for access; the Town, County or State Road(s) to which the property has access; the tax parcel boundaries of the property; the property address; the tax map number; and the location and dimensions of any planned off-street parking. Such map or plan need not be to scale.

(2) If building or floor plans are not already on file with the Town Building Department in connection with the building permit or certificate of occupancy for the structure to be rented, then a depiction of the floor plan must be filed showing which rooms are designated bedrooms for rental, and identification of the total number of bedrooms and bathrooms inside the building available for rental use.

(3) A photograph of the outside of each structure that is proposed to be utilized as an STR.

(4) A copy of the most recent Town of Austerlitz property tax bill receipt showing payment or other proof of payment of the property taxes.

(5) If a septic certification for the property is on file with the Town Building Department, then no documentation on the adequacy of the septic system for STR use is needed. If a septic certification for the property is not on file with the Town Building Department, the applicant must present certification that the existing septic system is sufficient for the proposed STR occupancy. Such certification may be from a licensed professional engineer or the Columbia County Department of Health.

(6) A copy of a current certificate of insurance showing liability insurance coverage for the premises.

(7) Contact information including name, address, email address, and telephone number, for the owner, and the owner's designated representative, if any.

(8) A STR permit application fee, as may be established by the Town Board and listed on the Town's Schedule of Fees.

D. Inspections.

(1) The review process for a STR use shall include an initial inspection of the land and buildings on the premises which are to be utilized for STR purposes by the Town of Austerlitz Code Enforcement Officer. Consent by the property owner to allow reasonable access by the Code Enforcement Officer for such inspection shall be a condition of application and renewal.

(2) The Code Enforcement Officer's inspection shall be conducted so that he/she can make a determination that the premises is in compliance with all applicable federal, state and local laws, rules and regulations.

(3) If the Code Enforcement Officer determines pursuant to an inspection of the premises, and an inspection of Town Records, that the premises is not in full compliance with all applicable federal, state and local laws, rules and regulations, the Code Enforcement Officer may deny, withhold issuance of the STR permit, or issue a temporary STR permit until the non-compliance is remedied to the satisfaction of the Code Enforcement Officer after an inspection.

E. Occupancy standards.

(1) There is no limitation on the number of nights of short-term rentals allowed in the two-year permit term.

(2) Occupancy for all STR uses shall be limited to a maximum total of two adult occupants per bedroom. Children under the age of 16 are exempt from this calculation.

(3) Tenant bedrooms for rental shall be limited to being within the principal dwelling or in an accessory dwelling unit (ADU). The maximum number of buildings that may be utilized for STR purposes on a single property is two. All such buildings must have a valid certificate of occupancy.

(4) The STR dwelling must have a conspicuously posted: (a) the street address of the STR, (b) a list of emergency phone numbers for police, fire, ambulance and poison control, and (c) the location of a functional fire-extinguisher. If the STR is equipped with a security alarm system, the owner shall also provide the tenants with the security company name and contact information. It shall be the affirmative responsibility of the property owner to ensure that the tenant always has the most current emergency contact information.

(5) Visitors of STR tenants shall not remain as lodgers overnight if their presence exceeds occupancy standards set forth in Subsection E(2) above.

(6) The owner, operator, or designated representative of the STR property shall be available and shall respond on site at the STR property within a reasonable time of being notified of a complaint by any one of the following: the current occupant(s) of the STR property, the Town of Austerlitz CEO, law enforcement or other emergency responders. All STR permit-holders must maintain an up-to-date contact person for such purposes, and it shall be the affirmative responsibility of the permit holder to promptly notify the CEO of changes to contact information.

(7) All general operational, occupancy and use standards set forth in § 195-13 of this chapter shall be met.

(8) There shall be no vehicular parking in connection with any STR use on any Town, county or state road.

(9) STRs are intended as short-term housing only and shall not be advertised for, nor used as, event venues or for hosting events, celebrations of gatherings for weddings, reunions, parties and other similar events by the renters or members of the renter's group.

(10) An owner of more than one property may apply for an STR permit for more than one property, up to a maximum of two STR units, but a separate application and fee is required for each STR unit.

(11) Good neighbor requirements. These requirements are to be adhered to by STR owners and their tenants or guests so as to foster good neighbor relations and to prevent nuisance complaints.

(a) Between the hours of 10:00 p.m. and 8:00 a.m., no noise above ambient noise levels at the property lines shall be generated during these hours.

(b) The STR property must be properly maintained. Trash and recycling containers shall be places at the appropriate place and time for pickup.

(c) If pets are allowed in the STR, pets shall be kept from roaming the neighborhood and excessive and prolonged barking shall be prevented.

F. Fees: A fee for the initial STR permit and for its renewal shall be established by the Austerlitz Town Board by resolution and posted on the Town's Fee Schedule.

G. Renewals.

(1) A STR renewal application shall include a fee, as may be established by the Town Board. The application shall state whether any changes from the initial STR application have occurred and, if so, documentation on those changes. If no changes have been occurred, the renewal application shall include a statement from the applicant to that effect.

(2) The application shall state whether any changes from the initial STR application have occurred and, if so, documentation on those changes. If no changes have been occurred, the renewal application shall include a statement from the applicant to that effect. An STR renewal permit shall not be issued if there are any outstanding violations for the premises or taxes, fines or penalties owed. If there such issues of non-compliance, the Code Enforcement Officer may deny, withhold issuance of the renewal of the STR permit, or issue a temporary renewal until the non-compliance is remedied to the satisfaction of the Code Enforcement Officer.

(3) A denial of the permit renewal application by the CEO must be done in writing and shall include an explanation in reasonable detail of the grounds for its decision, which decision shall be furnished to the applicant. The applicant or other persons aggrieved by the decision of the CEO shall have the right to appeal the decision to the ZBA pursuant to Article X of this chapter.

H. STR permits issued in and by the Town of Austerlitz are non-transferable and shall terminate automatically upon any change in ownership of the property. New owners who wish to operate a STR must register for and obtain a new STR permit prior to any STR of the property.

I. Should a complaint be registered with the Town of Austerlitz regarding the condition or operation of an STR use, or regarding the conduct of STR occupants, the owner or designated representative shall allow the Code Enforcement Officer access to the premises for the purpose of conducting an investigation and/or inspection about such a complaint.

J. Pre-existing STR. Zoning Code Chapter 195, Article I, § 195-4 states: "Except as provided herein, no structure shall be erected, moved, altered, rebuilt, or enlarged, nor shall any land or structure be used, designed, or arranged to be used, for any purpose or in any manner except in conformity with all applicable regulations, requirements and restrictions specified in this chapter for the district in which such structure or land is located." Further, Article IV, § 195-12 of the Town Code as adopted in 2009 stated that: "No structure or land shall be used except as provided in the Allowable Use Groups Chart below. Uses which are not permitted are prohibited." STR uses have not been defined or listed among the allowed uses of the Zoning Law in the Town of Austerlitz since its adoption. Thus, prior to the adoption of this law those uses were prohibited in the Town of Austerlitz and, thereby, shall not qualify to continue as valid nonconforming uses upon the adoption of this Zoning Law. Thus, all STR uses, whether currently in existence or whether proposed, shall be subject to the STR permitting provisions of this Zoning Law.

(1) Amnesty period. Any property owner engaged in short-term rental use prior to the adoption of the provisions of this Zoning Code amendment applicable to STR uses, may continue that use without a STR Permit for a period of 180 days beginning on the effective date of this Local Law and no enforcement action shall be taken by the CEO against that use during that period for conducting the use without a permit. Upon the expiration of the 180-day period, all short-term rental uses in the Town of Austerlitz shall only be conducted pursuant to a valid STR Permit issued pursuant to the applicable terms of this section. Beyond this temporary 180-day amnesty, there shall be no grandfathering of any short-term rental uses conducted prior to the adoption of this amendment of the Town of Austerlitz Zoning Code.

§ 195-24 Land clearing and grading.

A. Purpose. Land clearing and grading unassociated with an application for subdivision, site plan or special use permit approval has the potential to permanently alter the character of the property and negate the purpose of this chapter and SEQRA.[1]

[1] Editor's Note: See Art. 8 of the Environmental Conservation Law.

B. Applicability. Site plan approval is required for land clearing or grading in excess of one acre in all districts where the property is vacant, without a primary residential or business use.

C. Exempt activities. The provisions of this section shall not apply to the following activities:

(1) Agricultural uses and practices using more than four acres. Larger clearing is subject to the expedited site plan approval process in Appendix 1.[2]

[2] Editor's Note: Appendix 1 is included at the end of this chapter.

(2) Construction of any municipal project.

(3) Clearing or grading up to four acres on the same lot with an existing residential or business use.

(4) Commercial and noncommercial selective cutting for fuel, lumber and other wood products. Clear-cutting of trees in excess of the amounts in this section require site plan approval.

D. Review standards.

(1) The standards of review and approval in Article VIII, Site Plan Review, of this chapter shall govern review of applications under this section. In addition to any other information that the Planning Board may deem necessary in reviewing the application, the application shall include a clear statement of the intended use of the property and any future development plans.

(2) If the applicant proposes a subdivision or other development of the property, an application for subdivision approval, site plan or special use permit for the ultimate development must be included.

(3) If the applicant represents that there are no future plans for the subdivision or development of the property, any site plan approval for the clearing and grading shall include a prohibition on the submission of any future application for a subdivision, site plan, special use permit or building permit for a period of five years from the date of the approval for the land clearing.

§ 195-25 Commercial timber harvesting.

A. Purpose. The Town of Austerlitz recognizes that the timber resources in the Town are a renewable resource of significant value, and their use and responsible management should be encouraged. The Town also recognizes that if timber harvesting practices are poorly carried out, they can result in significant environmental damage to the land, adjacent lands, water quality and public roads. The purpose of this section is to regulate those commercial harvesting activities on private lands and to utilize professional forest management expertise in the preparation of timber harvest plans.

B. Requirements.

(1) A timber harvest permit (THP) shall be obtained from the Code Enforcement Officer by the landowner or his/her authorized representative desiring to harvest timber on any parcel, or group of parcels under the same ownership, that fells trees whose volume in any consecutive twelve-month period is greater than 30 standard cords of wood or 15,000 board feet of timber. Clear-cutting a parcel shall require site plan approval from the Planning Board pursuant to § 195-24 of this chapter.

(2) The commercial timber harvesting operation shall be conducted in accordance with an approved timber harvesting plan. The timber harvesting plan shall be developed by a qualified forester as defined herein.

(3) A timber harvesting plan shall contain the following information:

(a) Property owner's name, address and phone number; statement of authorization from the owner for any agent making an application.

(b) Property location (tax parcel ID, street address).

(c) Forest management plan. Qualifying plans include any prepared pursuant to New York State Real Property Tax Law § 480-a or a recognized sustainable forestry certification program, such as the Sustainable Forestry Initiative, Forest Stewardship Council, Tree Farm, Green Tag, or similar, or a DEC-approved forest stewardship plan. Forest management plans must include the following:

[1] Topographical map of the property delineating property boundaries, harvest area, haul and skid roads, landings, access to public roads, watercourses and wetlands.

[2] Estimate of harvest volume and anticipated dates of harvest.

[3] Best management practices (BMPs) during harvesting in accordance with recommendations in the then-current New York State Timber Harvesting Best Management Practices Guide.

[4] Plan preparer's qualifications.

[5] Post-harvest BMPs to minimize erosion, sedimentation or pollution of waters from skid trails, haul roads and landings.

C. The provisions of this section shall not apply to the sale of wood products resulting from a land-clearing project which has been granted site plan approval.

§ 195-25.1 Solar energy systems.

[Added 5-18-2017 by L.L. No. 1-2017]

A. 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.

B. Solar as an accessory use/structure.

(1) Roof-mounted solar energy systems.

(a) Roof-mounted solar energy systems that use the electricity on site or off site are permitted as an accessory use in all zoning districts of the Town of Austerlitz when attached to any lawfully permitted building or structure.

(b) Height. Solar energy systems when mounted to a roof shall not exceed maximum height restrictions within the zoning district it is located in and are provided the same height exemptions granted to building-mounted mechanical devices or equipment.

(c) Aesthetics. Roof-mounted solar energy system installations shall incorporate, when feasible, the following design requirements: panels facing the front yard 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.

(d) Roof-mounted solar energy systems that use the energy on site or off site shall be exempt from site plan review under the Town of Austerlitz Zoning Code or other land use regulations.

(e) Plans prepared in accordance with the New York State Building Code shall be submitted to the Town Code Enforcement Officer and a permit issued prior to the commencement of installation. All electrical work shall be performed and/or inspected by an electrician licensed in New York State.

(2) Ground-mounted solar energy systems.

(a) Ground-mounted solar energy systems that use the electricity primarily on site are permitted as accessory structures subject to site plan approval in all zoning districts of the Town of Austerlitz.

(b) Height and setback. Ground-mounted solar energy systems shall adhere to the setback requirements of the underlying zoning district in which they are located. In no case shall the structure exceed 25 feet in height when oriented to its maximum height.

(c) All such systems are permitted in the side or rear yards of all districts. Systems in front yards are permitted in the Rural Residential District with a minimum setback of 100 feet. Front yard installations are not permitted in the Austerlitz or Spencertown hamlets.

(d) All such systems shall be located in such a manner so that the system is adequately screened with respect to neighboring properties so that the views of the system from neighboring properties, particularly residences, or from a public road, are not a significant detraction. The proposed development shall be visually compatible with the character of the community to the extent feasible. Mitigation of visual incompatibility, such as screening, may be required to prevent uses from detracting from adjoining uses. Screening can be accomplished by utilizing existing buildings and vegetation as well as deer resistant evergreen plantings when necessary.

(e) In addition to the screening, height and setback requirements listed above, sites to be developed shall be of such character that they can be used for the proposed purposes without danger to the public health or safety, or peril from fire, flood or other causes.

(f) Standards. Site development shall comply with the following requirements and with all applicable federal, state and local laws and any road maintenance agreement:

[1] Adequate and safe vehicular movement between site and street network.

[2] Safe and adequate on-site vehicular movement.

[3] Sites should have year-round accessibility, including adequate accessibility for emergency vehicles.

[4] Environmentally sensitive areas shall be protected and adverse impacts avoided or mitigated.

[5] If applicable, adequate stormwater and drainage facilities, with all drainage conveyance systems designed for a twenty-five-year storm event.

[6] Appropriate protection of or mitigation of adverse impacts to adjacent uses, particularly residential uses, through landscaping, vegetative and other screening, buffering, planting and methods of construction.

[7] Avoidance or mitigation of dangerous or hazardous activities.

(g) The location of ground-mounted systems shall not interfere with adequate parking or with ingress and egress to the property on which it is located. Ground-mounted solar energy systems in all districts must allow room for Fire Company access to all outbuildings. The systems must be at least 20 feet from any existing structures and must not block any existing roadways, lanes or other pathways to outbuildings. The intent of this section is to ensure adequate emergency access.

(h) Once site plan approval is received, plans prepared in accordance with the New York State Building Code shall be submitted to the Town Code Enforcement Officer and a permit issued prior to the commencement of installation.

(3) Equipment for solar energy systems. Roof-mounted solar energy equipment such as batteries and control panels (except individual on/off switches) shall be installed in such a manner to reduce their visual impact. Ground-mounted solar energy equipment shall be located in outbuildings where feasible or otherwise in such a manner to reduce their visual impact. Electric lines or wires from the system or equipment to buildings should be installed below ground to the extent practicable.

C. Large-scale solar systems. Large-scale solar systems are not permitted anywhere in the Town of Austerlitz.

D. Enforcement. Any violation of this section shall be subject to the same civil and criminal penalties provided for in the zoning regulations of the Town of Austerlitz.