[HISTORY: Adopted by the Town Board of the Town of Highland
by L.L. No. 1-1999, as
amended 1-14-2003 and 5-13-2003. Subsequent
amendments noted where applicable.]
GENERAL REFERENCES
Adult uses — See Ch. 20.
Building and energy code administration and enforcement — See Ch. 34.
Numbering of buildings — See Ch. 36, Art. 1.
Flood damage prevention — See Ch. 70.
Highways — See Ch. 90.
Seismic surveys — See Ch. 147.
Sewage disposal — See Ch. 150.
Subdivisions — See Ch. 160.
Unsafe buildings — See Ch. 180.
It should be recognized that in addition to all standards and
procedures cited in the Town Code Book, New York State Code may also
apply or supersede this document.
Attachment 1 - Bulk Regulations


It is hereby established a revised comprehensive zoning plan
for the Town of Highland, which plan is set forth in the text and
maps that constitute this chapter. Said plan is adopted for the purposes
set forth in Article 16, § 261, of the Town Law which is
in the interest of the protection and promotion of the public health,
safety and welfare, and shall be deemed to specifically include the
following, among others:
A.
The assurance of adequate sites for residences, businesses, commerce
and such other uses as may be permitted;
B.
The provisions of privacy for families;
C.
The prevention of traffic congestion, so as to promote efficient
and safe circulation of vehicle and pedestrians;
D.
The maximum protection of residential areas;
E.
The gradual elimination of nonconforming uses;
F.
The enhancement of the Town of Highland as a whole;
G.
The encouragement of flexibility in the design and development of
land in such a way as to promote the most appropriate use of lands
to facilitate the adequate and economical provision of streets and
utilities and to preserve the natural, scenic, and recreational qualities
of open lands.
H.
The preservation and protection of viable agricultural land, lakes,
streams, ponding areas, floodplains, reservoirs, wetlands, and the
Delaware River.
[Added 7-10-2012 by L.L. No. 3-2012]
If any clause, sentence, paragraph, section, or part of this
chapter shall be adjudicated by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair, or invalidate
the remainder of this chapter, but shall be confined in its operation
to the clause, sentence, paragraph, section, or part thereof declared
to be invalid.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meaning herein indicated.
Words used in the present tense include the future; the singular number
includes the plural, and the plural, the singular; the word "lot"
includes the word "plot." The term "occupied" or "used" as applied
to any building shall be construed as though followed by the words
"or intended, arranged or designated to be occupied or used." The
terms "building" and "structure" are synonymous. The word "shall"
is mandatory. [Amended 7-14-2009 by L.L. No. 4-2009]
- ACCESSORY BUILDING
- A subordinate building, the use of which is clearly incidental to or customarily found in connection with the main building or principal use and which is located on the same lot as such main building or principal use.
- ACCESSORY USE
- A use which is clearly incidental to or customarily found in connection with and subordinate to the principal use of the premises and which is conducted on the same lot, whether such use be conducted in a principal or accessory building.
- AGRICULTURE
- The commercial cultivation of the soil for food products or other useful or valuable growths of the field, forest, orchard, or garden whether outdoors in the open or within the confines of a building or structure, but not including animal husbandry, which is defined separately.
- ALTERATION
- Any change, rearrangement or addition in the structural parts of a building or structure or an enlargement, whether by extending to any side, by increasing the height, or depth, or by moving from one position to another, or modification in construction or in building equipment.
- ANIMAL HUSBANDRY
- The care and breeding or boarding of any domestic animals or fowl, whether for profit or as a hobby. Household pets, including but not limited to cats, dogs, or birds, are excepted.
- ANIMAL UNIT
- An animal unit is, for the purpose of this chapter, defined as one horse of any weight, or one cow of any weight, or the equivalent of a total of 1,000 pounds or animal or fowl in any combination; e.g., 10 one-hundred-pound sheep or 250 four-pound chickens.
- ANTENNA
- Any guyed or freestanding structure used for transmitting or receiving public and/or private communication signals.
- APARTMENT
- A part of a building containing cooking and housekeeping facilities, consisting of a room or suite of rooms intended, designed, or used as a residence by an individual or single family.
- AUTOMOTIVE REPAIR SHOP
- An establishment in which the principal activity is the general servicing and repair of motor vehicles, including regular maintenance; sales, installation and replacement of parts and accessories; motor, transmission, chassis, rear and front end repair and overhaul; body and fender repair and painting.
- AUTOMOTIVE SERVICE STATION
- An establishment in which the principal activity is the retail sale of gasoline, oil, grease and petroleum products and the motor vehicle servicing related to such sales. An automotive service station use shall be deemed to include the retail sale and installation of tires, tubes, lamps, ignition parts, batteries and other minor repairs. Servicing and repair activity shall not include motor, transmission or rear or front and overhauls, no body and fender repair or painting.
- BASEMENT
- A story partly below grade and having not more than 1/2 its height below grade, or, as defined in the New York State Uniform Fire Prevention and Building Code, whichever is more strict.
- BED-AND-BREAKFAST
- Temporary housing provided for tourists for one or more nights as a business for profit, which may serve breakfast or other meals to guests only.
- BOARDINGHOUSE
- A dwelling for transient guests where lodging, or lodging and meals, is or are provided for compensation, with no individual cooking facilities.
- BUILDING
- Any structure wholly or partially enclosed with exterior walls and roof, affording shelter to persons, animals or property of any kind.
- BUILDING AREA
- The total areas measured in a horizontal plane at the main grade level of the principal and all accessory buildings, utilizing outside dimensions.
- BUILDING COVERAGE
- The horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.
- BUILDING HEIGHT
- The vertical distance from the mean ground level at the exterior building walls to the highest point of the coping of a flat roof or to a mean height level between eaves and ridge for gables, hip and gambrel roofs.
- BUILDING LINE
- The setback lines established by this chapter. A setback is the horizontal distance from a lot line to that part of a structure which is nearest to such a lot line.
- BUSINESS AND PROFESSIONAL OFFICES
- Offices in which an occupation or vocation in a specialized field is practiced. Examples are, but not limited to, medical, law and real estate offices.
- CAMPGROUND
- A tract of land providing two or more sites for the parking of travel trailers, or the erection of a tent or other portable sleeping accommodations.
- CARPORT
- A covered area for the storage of housing of not more than two motor vehicles, with or without walls, but not fully enclosed. A detached carport is an accessory building.
- CELLAR
- A story having more than 1/2 its height below grade. A cellar is not included in computing the number of stories for the purpose of building height measurement, or, as defined in the New York State Uniform Fire Prevention and Building Code, whichever is more strict.
- CERTIFICATE OF COMPLIANCE
- A certificate stating that materials and products meet specified
standards or that work was done in compliance with approved construction
documents. (Required at the conclusion of all projects requiring a
building permit other than a project for a habitable structure.)[Added 11-26-2008 by L.L. No. 2-2008]
- CERTIFICATE OF OCCUPANCY
- A certificate stating that materials and products meet specified
standards or that work was done in compliance with approved construction
documents. (Required at the conclusion of a project for a habitable
structure.)[Added 11-26-2008 by L.L. No. 2-2008]
- CLEAR-CUTTING
- The removal from more than five acres of a forested tract of substantially all trees, for other than agricultural or approved wildlife management purposes.
- COMMERCIAL RECREATION
- An activity which may include facilities or equipment for recreational purposes, utilized by the public for a fee. Facilities include but are not limited to bowling alleys, ski slopes, canoe liveries, campgrounds, tennis courts, golf courses, batting cages, golf ranges, water slides and skateboarding parks.
- DRINKING ESTABLISHMENTS
- A bar, tavern, pub or other similar entity serving beverages and food indoors to the public. Under this definition such an establishment differs from a restaurant in that its primary income is derived from selling alcoholic beverages.
- DRIVE-IN RESTAURANT
- A retail food dispensing or eating establishment where food or drinks are served mainly in disposable containers, or where patrons are permitted to park cars on the premises for the purpose of being served or sold food or drinks therein or for the purpose of consuming food or drinks outside the building but on the premises, or where the patron may approach the building for the purpose of transacting the purchase of food stuffs or drinks of any kind without leaving the vehicle, or combination of the foregoing types whether or not there are eating counters or tables inside or outside the building.
- DUMP/LANDFILL
- A parcel of land, or part thereof, used for the disposal by abandonment, dumping, burial, burning, or any other means, and for whatever purpose, or garbage, trash, refuse, junk, discarded machinery, vehicles, or parts thereof, or waste material of any kind.
- DWELLING
- A building designed or used as the living quarters for one or more families. The term "dwelling" shall include seasonal homes, and they must meet all the requirements of this chapter and all other regulations or laws applicable to dwellings.
- DWELLING, MIXED COMMERCIAL/RESIDENTIAL
- A multilevel building having the lower level containing,
or designed to contain, a commercial facility(ies) and the upper level
containing, or designed to contain, a dwelling unit(s).[Added 11-26-2008 by L.L. No. 2-2008]
- DWELLING, ONE FAMILY
- A detached building of 500 square feet minimum containing one dwelling unit only and designed or used exclusively for the occupancy of one family.
- DWELLING, TWO FAMILY
- A detached building containing two dwelling units only and designed or used exclusively for occupancy by two families.
- DWELLING, MULTIPLE
- A building or portion thereof designed or used exclusively
for occupancy by no more than three families living independently
of each other.[Amended 2-9-2016 by L.L. No. 1-2016]
- DWELLING UNIT
- One or more rooms designed for occupancy by one family for
cooking, living and sleeping purposes.[Amended 7-14-2009 by L.L. No. 4-2009]
- EDUCATIONAL INSTITUTIONS
- An institution, either public or private, providing full time instruction and a course of study which meets with the requirements of the New York State Education Law or a nursery, day care, or kindergarten which meets all pertinent requirements set by the New York State Education Law or the New York State Health Code.
- EXPLICITLY PROHIBITED USES
- The explicitly prohibited uses defined and described in § 190-27 of this chapter.[Added 7-10-2012 by L.L. No. 3-2012]
- FAMILY
- One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit. More than five persons not related by blood, marriage or adoption shall not be considered to constitute a family.
- FARM
- A tract of land meeting the acreage requirements of this chapter, used wholly or in part for agriculture and/or animal husbandry.
- FARM BREWERY
- An establishment where no more than 75,000 barrels of New
York State labeled beer is manufactured annually (minimum of 50 barrels).
New York State labeled beer is made with no less than a certain percentage,
by weight as set forth in Alcoholic Beverage Control Law § 3,
Subdivision 20-d, of its hops grown in New York State and no less
than a certain percentage, by weight, of all of its other ingredients,
excluding water, grown in New York State. In addition to the manufacture
of beer, a farm brewer is authorized to perform the following activities
on the premises:[Added 3-10-2015 by L.L. No. 1-2015]
- A. Sell in bulk beer manufactured by the farm brewer to any person licensed to manufacture alcoholic beverages in this state;
- B. Sell or deliver beer manufactured by the farm brewer to persons outside the state pursuant to the laws of the place of such delivery;
- C. Sell beer manufactured by the farm brewer to wholesalers and retailers licensed in this state to sell beer, licensed farm distillers, licensed farm wineries, licensed farm cideries, and any other licensed farm brewery;
- D. Sell at the premises beer manufactured by the farm brewer, or any other licensed farm brewery, at retail for consumption on or off the premises;
- E. Conduct tastings at the premises of beer manufactured by the farm brewer or any other licensed farm brewery;
- F. Operate a restaurant, hotel, catering establishment, or other food and drinking establishment in or adjacent to the premises and sell at such place, at retail for consumption on the premises, beer manufactured by the farm brewer and any New York State labeled beer;
- G. Manufacture, bottle, and sell food condiments and products such as mustards, sauces, hop seasonings, beer nuts, and other hops- and beer-related foods in addition to beer and hops soaps, hop pillows, hop wreaths and other such foods and crafts on and from the premises;
- H. Store and sell gift items in a tax-paid room upon the premises incidental to the sale of beer. These items shall be limited to the following categories:
- (1) Nonalcoholic beverages;
- (2) Food items for the purpose of complementing beer tastings, which shall mean a diversified selection of food that is ordinarily consumed without the use of tableware and can be conveniently consumed while standing or walking;
- (3) Food items, which shall include locally produced farm products and any food or food product not specially prepared for immediate consumption upon the premises;
- (4) Beer supplies and accessories, which shall include any items utilized for the storage, serving, or consumption of beer or for decorative purposes;
- (5) Beer-making equipment and supplies; and
- (6) Souvenir items, which shall include, but not be limited to, artwork, crafts, clothing, agricultural products, and any other articles which can be construed to propagate tourism within the region; and
- (1)
- I. Conduct tours of the premises.
- FARM STAND
- A small open-air-type structure sometimes but not always roofed, for the display of farm produce for sale.
- FIREHOUSE OR OTHER EMERGENCY SERVICE HEADQUARTERS
- A building or structure in which fire-fighting apparatus and equipment, ambulance apparatus and equipment, police vehicles/apparatus and/or equipment and/or any other emergency services apparatus and equipment are housed and stored. Such buildings may or may not include meeting rooms or any other ancillary facilities for the use of the members of these groups.
- FLEA MARKET
- The sale, vending or peddling of new or used general merchandise and/or household merchandise on a scheduled basis by multiple vendors.
- FLOODPLAIN
- A nearly flat plain along the course of a steam or other large body of water that is naturally subject to flooding and as defined by the Federal Emergency Management Agency (FEMA) and depicted on the official flood hazard boundary maps for the Town of Highland.
- FLOOR AREA
- The gross horizontal area of a building measured from the exterior face of the exterior wall. Total area is the sum of the gross areas for each floor of level.
- FOREST MANAGEMENT
- The controlling and supervision of a large tract of land covered with trees and underbrush or as defined by New York State Department of Environmental Conservation.
- GAME CENTER
- A premises used or intended to be used for the operation of amusement devices.
- GAME ROOM
- A portion of a premises used or intended to be used for the operation of amusement devices, supplementary and subordinate to the permitted principal use of the premises therein.
- GARAGE, PRIVATE
- An enclosed space for the storage of not more than three motor vehicles, provided that no business, occupation or service is conducted for profit therein, or more than one space is leased to a nonresident of the premises.
- GARAGE SALE (includes YARD SALE, PORCH SALE or BARN SALE)
- The sale of household merchandise owned by the resident of the premises or a person acting together with such resident.
- HOME OCCUPATION
- Any gainful occupation customarily conducted within a dwelling by the residents thereof which is clearly secondary to the use of the dwelling for living purposes, and which does not change the character of the structure as a residence. Said activity shall not occupy more than 50% of the habitable floor area of the dwelling.
- JUNK
- Including, but not limited, vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials of all kinds, household appliances, brush, wood or lumber.
- KENNEL
- The keeping or boarding, whether as a hobby or for profit,
of five or more dogs within the confines of a residence or in a separate
structure specific to this purpose.[Amended 7-14-2009 by L.L. No. 4-2009]
- LANDSCAPING PLAN
- A lot plan showing site grading, road and building footprint,
landscape design, open space and plantings.[Added 7-14-2009 by L.L. No. 4-2009]
- LIVABLE FLOOR AREA
- The sum of the gross horizontal area of the floor of a dwelling unit as measured from the exterior walls of all rooms. Floor space shared in common with other dwelling units or used for storage purposes or in the operation and maintenance of the building shall not be included in computing floor area.
- LIVESTOCK
- Animals, including, but not limited to, domestic farm animals such as pigs, sheep, horses, cattle and goats.
- LOT
- A parcel of land occupied or capable of being occupied for a principal use and buildings and uses customarily incidental thereto.
- LOT AREA
- The total horizontal area of a parcel of land included within the exterior lines of a lot, not including any part of a street right-of-way.
- LOT, CORNER
- A lot at the junction of the fronting on two or more intersecting streets.
- LOT COVERAGE
- The portion of a lot that is covered by buildings or structures.[Amended 7-14-2009 by L.L. No. 4-2009]
- LOT DEPTH
- The average distance from the front lot line of a lot to the rear lot line of such lot.
- LOT FRONTAGE
- The portion of a lot adjacent to and running parallel with the street.
- LOT LINE
- Any boundary of a lot.
- LOT LINE, FRONT
- The lot line generally adjacent to the street line.
- LOT LINE, REAR
- The lot line generally opposite to the street line.
- LOT WIDTH
- The distance between side lot lines, as measured at the required minimum front yard depth or at the front building line wherever it is located.
- MANUFACTURED HOME
- A structure, transportable in one or more sections, that,
in the traveling mode, is eight feet or more in width or 40 feet or
more in length or, when erected on site, is 500 square feet minimum,
and that was built on or after June 15, 1976, on a permanent chassis
and designed to be used as a dwelling with a permanent foundation
(full basement or crawl space foundation with 42 inches of space from
the varmint slab to the underside of the floor joist) when connected
to the required utilities and includes the plumbing, heating, air
conditioning, and electrical systems contained therein. The term "manufactured
home" shall also include any structure that meets all the requirements
of this definition except the size requirements and with respect to
which the manufacturer voluntarily files a certification required
by the federal Department of Housing and Urban Development and complies
with the standards established under the National Manufactured Housing
Construction and Safety Act of 1974, as amended. The term "manufactured
home" shall not include any self-propelled recreation vehicle.[Added 1-8-2007 by L.L. No. 1-2007]
- MANUFACTURING
- Any process whereby the nature, size or shape of articles or shape of articles of raw materials are changed, or where articles are assembled or packaged in quantity.
- MEDICAL FACILITIES
- Clinics, medical groups, hospitals or hospital annexes.
- MINERAL EXTRACTION
- Operations extracting greater than 1,000 tons per year of material on the premises on which it is extracted and including but not limited to such as gravel, rock, stone, sand, fill or minerals from the surface or below the ground. In no event shall "mineral extraction" be construed to mean, be, or include natural gas and/or petroleum exploration activities or natural gas and/or petroleum extraction activities (as those terms are respectively defined at § 190-27 of this chapter).[Amended 7-10-2012 by L.L. No. 3-2012]
- MOBILE HOME
- A mobile dwelling unit equipped with a chassis, whether mounted on a temporary or a permanent foundation and provided with plumbing, heating, electrical, cooking and refrigeration facilities.
- MODULAR HOME
- A structure designed primarily for residential occupancy
and constructed by a method or system of construction whereby the
structure or its components are wholly or in substantial part manufactured
in manufacturing facilities, intended or designed for permanent installation,
or assembly and permanent installation.[Added 1-8-2007 by L.L. No. 1-2007]
- MOTEL/HOTEL
- Any establishment consisting of a building or group of buildings
providing sleeping accommodations with individual bathrooms and designed
for use by transient travelers.[Amended 7-14-2009 by L.L. No. 4-2009]
- MOTOR HOME
- A mobile, self-propelled recreational vehicle.[Added 11-26-2008 by L.L. No. 2-2008]
- NONCONFORMING BUILDING OR USE
- A building, structure, or use of land lawfully existing at the time of enactment of this chapter which does not conform to the regulations of the district or districts in which it is located.[1]
- OUTDOOR RECREATION
- Any recreational use particularly oriented and utilizing
the outdoor character of the area, including, but not limited to,
playgrounds, picnic areas, snowmobile, trail bike, jeep and all-terrain
vehicle, downhill ski trails or similar uses in which physical alteration
to the land occurs.[Amended 7-14-2009 by L.L. No. 4-2009]
- PARK or PARKING
- The standing of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in
loading or unloading merchandise or passengers.[Added 8-9-2016 by L.L. No. 2-2016]
- PERSON
- Any individual, owner, firm, company, association, society, corporation or group.
- PUBLIC FACILITY
- A service or services provided to the general public gratis
or for a nominal fee, such as, but not limited to, comfort stations,
information centers, public telephones, porta toilets, and in the
case of campgrounds, fireplaces, potable water supplies, toilets and
urinals, and showers.[Amended 7-10-2012 by L.L. No. 3-2012]
- PUBLICLY ACCESSIBLE FLOOR SPACE
- The total area in square feet of a building that is available
for public use. Areas not considered available to the public include,
but are not limited to: warehousing areas, private offices and loading
areas.[Added 5-12-2015 by L.L. No. 2-2015]
- PUBLIC PARKS AND RECREATION
- Land in public ownership set aside for public use which may or may not have developed recreational facilities such as playgrounds, tennis courts, baseball fields, picnic areas and/or lavatories.
- PUBLIC UTILITY
- An entity which operates as a monopoly, and whose rates charged
to customers are established by a utility commission. A public utility
facility is a facility which is operated by a public utility, and
which provides electric, gas, steam, telephone service, water or sewerage
directly to the general public.[Added 7-10-2012 by L.L. No. 3-2012]
- QUARRYING
- An excavation or pit usually open to the air, from which building stone, slate, or the like is obtained by cutting, blasting, etc., as a business for profit. In no event shall "quarrying" be construed to mean, be, or include natural gas and/or petroleum exploration activities or natural gas and/or petroleum extraction activities (as those terms are respectively defined at § 190-27 of this chapter).[Amended 7-14-2009 by L.L. No. 4-2009; 7-10-2012 by L.L. No. 3-2012]
- RECREATIONAL VEHICLE
- A vehicular unit primarily designed as temporary living quarters
for recreational camping or travel use, which either has its own motive
power or is mounted on or drawn by another vehicle. The basic entities
are travel trailer, camping trailer, truck camper and motor home.[Added 11-26-2008 by L.L. No. 2-2008]
- REPAIR
- Replacement or renewal, excluding additions, of any part of a building, structure, device, or equipment, with like or similar materials or parts, for the purpose of maintenance of such building, structure, device or equipment, for which no building permit is required.
- REPAIR SHOP
- Any service operation available to the public, operated for gain, and which is used for the sale of petroleum and small engine products, storage, repair, rental greasing, washing, servicing, adjusting or equipping small engines, lawn and garden, and recreational equipment.
- RESTAURANT
- A business enterprise preparing and serving food and beverage selected from a full menu by patrons seated at a table or counter, indoors, and for the most part consumed on the premises, which may or may not include the sale of alcoholic beverages as an accessory use, such as but not limited to a diner, convenience store, food counter, or the like.
- RETAIL STORE
- An enclosed store for the sale of retail goods such as but not limited to a personal service shop, department store, convenience store, food store, or any other store for the retail sale of other products.
- SAWMILL
- A place or building whose primary purpose is where timber is sawed into planks, boards, etc. by machinery for the production of various sizes, grades, and types of lumber from hardwood, conifer logs and other timber.
- SCREENING
- That which conceals or hides from view of the community and
is aesthetically pleasing, preferably vegetation and/or fencing, in
keeping with the standards of the community.[Amended 11-26-2008 by L.L. No. 2-2008]
- SERVICE ESTABLISHMENTS
- A store or office offering the following types of services:
- A. Personal convenience services including but not limited to, barber shops, beauty shops, shoe repair, and dry cleaning shops;
- B. Specialty services, including but not limited to, photo studios, tailors, taxidermists, and catering services;
- C. Financial services, including, but not limited to, banks, credit unions, and other financial services.
Service establishments shall not have any outdoor storage of
equipment.
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- SIGN
- Shall mean, but shall not be limited to, any object, device, display, structure, or part thereof, situated outdoors or indoors, and intended for viewing from the building exterior, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images.
- SIGN AREA
- Includes all faces of a sign measured as follows:
- A. When such sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed by such frame or outline shall be included.
- B. When such sign consists only of letters, designs, or figures engraved, painted, or projected or in any manner affixed on a wall, the total area of such sign shall be deemed the area within which all of the matter of which such sign consists may be inscribed.
- SIGN, BILLBOARD
- A commercial structure or sign which directs attention to a business, product, service, or attraction conducted, manufactured, sold or displaced elsewhere than upon the lot on which such sign is displayed.
- SIGN, DIRECTIONAL
- A sign which indicates the route or direction to an establishment.
- SIGN, DIRECTLY ILLUMINATED
- A sign which gives forth artificial light directly or through a transparent or translucent material from a source of light connected to the sign or part of a sign structure.
- SIGN, DIRECTORY
- A sign on which are listed the names of persons or agencies in a place or location common to all.
- SIGN, FACIAL
- A sign affixed to the wall of a building, the display surface of which does not extend more than 18 inches beyond such wall at any point of measurement.
- SIGN, FLASHING
- Any illuminated sign on which the artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use. Any revolving illuminated sign or revolving luminary device shall be considered a flashing sign.
- SIGN, FREESTANDING
- Any sign not attached to a building or structure of any kind.
- SIGN, IDENTIFICATION
- A sign which identifies a business, industry, service or
attraction conducted upon the lot on which the sign is displayed,
or which attracts attention to a commodity sold or displayed upon
the lot or premises.[Amended 7-14-2009 by L.L. No. 4-2009]
- SIGN, INDIRECTLY ILLUMINATED
- A sign illuminated by a source of light which is detached from the sign structure and which is shielded so that illumination is directed upon the sign and the source of light is not visible from an adjoining property or street.
- SIGN, INTERIOR
- Any sign that is affixed to or painted on the interior of a window or any sign located within one foot of the inside face of the window, which sign is designed to be visible from the exterior of the window.
- SIGN, PROJECTING
- Any sign which is attached to a building, whether by braces, brackets, or similar connecting devices, which sign is not parallel to the face or wall of the building or structure and the display surface of which sign extends more than 18 inches beyond such face or wall at any point of measurement therefrom.
- SIGN, ROOF
- Any sign located any place on the roof of a building or structure which is fastened and/or secured wholly or partially onto the roof.
- SIGN, VEHICLE
- (It is the purpose and intent of the following definition
to prevent an attempt to circumvent the freestanding sign section
of the chapter by utilization of vehicles as a substitute for a permitted
freestanding sign.) Any letter, group of letters, words, or other
devices or representations which form or are used as, or are in the
nature of, an announcement, advertisement, or other attention-directing
device, placed, painted, affixed, attached upon a motor vehicle, vehicle
or trailer of any type, registered or unregistered, is prohibited.
Excluded herefrom are motor vehicles, vehicles, or trailers lawfully
registered and insured, regularly used in the business conducted on
the premises and not having attached thereto temporary or removable
signs.[Amended 7-14-2009 by L.L. No. 4-2009]
- SITE DEVELOPMENT PLAN
- A plan prepared by an architect, engineer, or land surveyor, including natural features, existing structures and utilities, proposed improvements and divisions, including any and all necessary legal data, and any other information deemed necessary by the Planning Board.
- SITE PLAN
- A plan drawn to scale showing the property and such items as, but not limited to, proposed building locations, utilities, access and easements, streets, rights-of-way, and land use areas, along with any other information deemed necessary by the Planning Board.
- STABLE
- A stable is, for the purpose of this chapter, defined as the keeping or boarding of any number of horses either as a hobby or for profit, whether within or outside a structure of shelter.
- STAND or STANDING
- The stopping of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in
receiving or discharging passengers.[Added 8-9-2016 by L.L. No. 2-2016]
- STORY
- That part of a building which is between the surface of the floor and the ceiling immediately above.
- STREET
- A public way which affords principal means of access to abutting properties.
- STREET LINE
- The dividing line between a lot and the traveled way of a street.
- STRIPPING
- Permanent relocation of soil aggregates of quantities of 1,000 tons or more per year, exclusive of foundation excavation and pond sites. In no event shall "stripping" be construed to mean, be, or include natural gas and/or petroleum exploration activities or natural gas and/or petroleum extraction activities (as those terms are respectively defined at § 190-27 of this chapter).[Amended 7-10-2012 by L.L. No. 3-2012]
- STRUCTURE
- Anything constructed or erected for occupancy or use which
requires location on the ground or attachment to something having
a location the ground, including ground signs. Appurtenances such
as railings, flagpoles, cooking grills, etc. are excluded.[Amended 7-14-2009 by L.L. No. 4-2009]
- SWIMMING POOL
- Anything man-made for the purpose of containing filtered and chlorinated water more than 24 inches deep and/or having more than 250 square feet of water surface area, which water is used solely for bathing or swimming.
- TRAILER
- Any vehicle not propelled by its own power drawn on the public highways by a motor vehicle.
- TRAVEL TRAILER
- A recreational vehicle not propelled by its own power and
drawn on public roads by a motor vehicle.[Added 11-26-2008 by L.L. No. 2-2008]
- UDRC
- Meaning the Upper Delaware River Corridor as if fully spelled out.
- USE
- The specific purpose for which land or a building is used or occupied or maintained.
- USE, PERMITTED
- A use of land specifically authorized within a zoned district.
- USE, SPECIAL PERMITTED
- A permitted use which is contingent upon compliance with conditions specified in this Zoning Law and the issuance of a special use permit by the Planning Board.
- YARD, FRONT
- An unoccupied ground area fully open to the sky between the
front property line and the front building line.[Amended 7-14-2009 by L.L. No. 4-2009]
- YARD, REAR
- An unoccupied ground area full open to the sky between the rear property line and the rear building line.
- YARD, SIDE
- An unoccupied ground area fully open to the sky between any property line other than a street line or rear lot line, and a line drawn parallel thereto, and between the front and rear yards.
[1]
Editor's Note: The former definition of "oil and natural gas
drilling," which immediately followed this definition, was repealed
7-10-2012 by L.L. No. 3-2012.
The Town of Highland is hereby divided into the districts listed
below:
H-C
|
Hamlet – Commercial District
|
R-1
|
Residential District
|
R-2
|
Residential – Agricultural District
|
WLRD
|
Washington Lake Resort District
|
The boundaries of the said districts are hereby established as shown on the "Zoning Map, Town of Highland" dated April 11, 1989, which accompanies, and which, with all explanatory matter thereon, is hereby adopted and made a part of this chapter. A copy of said map indicating the latest amendments, shall be kept up-to-date in the offices of the Town Clerk, Code Enforcement Officer, Assessor, Planning Board and Zoning Board of Appeals for the use and benefit of all the public.[1]
[1]
Editor’s Note: The Zoning Map is also included in the online version of the Code of the Town of Highland (eCode360®).
In determining the boundaries of the districts shown on the
map, the following rules shall apply:
A.
Unless otherwise shown, the district boundaries shall coincide with
property lines, center lines of streets, highways, waterways, railroad
and utility rights-of-way, municipal boundary lines or such lines
extended.
B.
Where such boundaries are indicated as approximately following the
property lines of publicly owned lands, such lines shall be construed
to be such boundaries.
C.
Measurements stated are indicated as approximately following the
property lines of publicly owned lands, such lines shall be construed
to be such boundaries.
D.
Within each district, the regulations set by this part shall be minimum
regulations and shall apply uniformly to each kind of structure or
land.
E.
Where such boundaries are indicated as approximately following the
property line, such lines shall be construed to be such boundaries
which existed when the new zoning boundaries were established.
F.
In all cases where a district boundary line is located not farther
than 15 feet away from a lot line of record, such boundary line shall
be construed to coincide with such lot line.
The Zoning Schedule and Bulk Regulation Table for the Town of
Highland are hereby made a part of this chapter and are to be strictly
complied with.[1]
[1]
Editor's Note: The Zoning Schedule and Bulk Regulation Table
are included at the end of this chapter.
A.
Accessory buildings.
(1)
An accessory building of 144 square feet or less in area not exceeding
two in number, may be located in any required side or rear yard provided
that such building shall not exceed 15 feet in overall height.
(2)
Such building shall be set back at least 15 feet from side or rear
lot line(s), and shall be located not less than 10 feet from the principal
building or as required by the New York State Uniform Fire Prevention
and Building Code.
[Amended 7-14-2009 by L.L. No. 4-2009]
(3)
Any accessory building greater than 144 square feet in area and/or
15 feet in height shall conform with the bulk regulations.
(4)
An unroofed deck is to be considered an accessory structure, which
shall comply with all setback requirements only when more than eight
inches above the finished grade at its highest point.
(5)
All accessory structures shall meet with the appropriate minimum
setback requirements as set forth in this chapter or elsewhere in
this chapter.
(6)
For the purpose of this chapter, the following are not to be considered
a "structure" and therefore do not require a building permit or final
certificate: a fence or wall not exceeding 6 1/2 feet in overall
height; railings; flagpoles; portable cooking grills; storage sheds
not over 144 square feet in size and two in number, "on grade" decks
or patios not over eight inches about the finished grade at its highest
point.
(7)
Accessory
buildings may not be used as a dwelling, except that nothing herein
shall be construed to prevent the construction of accessory apartments
for family members, where such apartments are otherwise permitted.
[Added 11-26-2008 by L.L. No. 2-2008]
(8)
Retired
manufactured housing, mobile homes, storage containers, travel trailers,
and unlicensed trailers may not be used as accessory structures.
[Added 11-26-2008 by L.L. No. 2-2008]
(9)
Preexisting, nonconforming, retired manufactured housing, mobile homes, travel trailers, storage containers, and unlicensed trailers that were in place prior to the date of the adoption of this subsection may continue to be used as accessory structures, provided that they are screened from view from the road fronting said property, and from the lots adjacent to said property, and provided that the cooking, refrigeration and plumbing facilities have been removed or disabled. Notwithstanding § 190-30D of the Town Code, such preexisting nonconforming structures being used as accessory buildings may not be replaced.
[Added 11-26-2008 by L.L. No. 2-2008]
(10)
When
a building permit has been issued, construction trailers, bulk containers
and other storage facilities normally associated with the building
trade may be allowed during the period of active construction, provided
that they are not used as dwelling units and are removed immediately
upon issuance of a certificate of occupancy or certificate of compliance
or upon the expiration and nonrenewal of the building permit.
[Added 11-26-2008 by L.L. No. 2-2008]
B.
Corner lots.
(1)
Obstruction to vision at street intersection. At all street intersections
in all districts, no obstruction to vision, including vegetation,
exceeding 30 inches in height above curb level shall be erected or
maintained on any lot within the triangle formed by the street lines
of such lot and a line drawn between points along such street lines
30 feet distant from their point of intersection.
(2)
Rear and side yards. On a corner lot, front yards are required on
both street frontages, and one yard other than the front shall be
deemed to be a rear yard and the other a side yard.
C.
Exceptions to yard requirements.
(1)
Permitted obstructions. Cornices or cantilevered roofs may project
not more than three feet into a required yard. Window sills and other
ornamental features may project not more than six inches into a required
yard. Fences or walls of any height may be erected anywhere on the
lot, except as set forth in this section. Fences or walls with a height
in excess of 6 1/2 feet shall require a building permit.
(2)
Entry porches. An unroofed and unenclosed projection in the nature
of an entry, not more than eight feet wide and extending not more
than six feet out from the front wall of the building, shall be exempt
from front yard requirements when the building otherwise complies
with all other yard restriction of this chapter.
D.
Existing small lots.
(1)
Unimproved lots. A lot owned individually and separately and separated
in ownership from any adjoining tracts of land on the effective date
of this chapter, which has a total lot area or lot width less than
prescribed in this chapter, may be used for the zoned use of the property,
provided such lot shall be developed in conformity with all applicable
district regulations other than the minimum lot area, lot width and
side yards. Existing small lots meeting the above stipulations shall
comply with the following:
(a)
For single-family dwellings only, where applicable.
For Lots in Width
(in feet)
|
Minimum of One Side Yard Shall Be
(in feet)
|
Total Minimum of Both Side Yards Shall Be
(in feet)
| ||
---|---|---|---|---|
Greater Than
|
But Less Than
| |||
90
|
120
|
20
|
40
| |
80
|
90
|
12
|
35
| |
60
|
89
|
10
|
27
| |
49
|
60
|
7 1/2
|
No less than 1/3 of lot width
|
(2)
Improved lots. An existing improved lot owned individually and separately
and separated in ownership from any adjoining tract of land on the
effective date of this chapter which has an existing lot area, width,
depth and/or setbacks less than prescribed in this section, including
any lot that became deficient by reason of any governmental condemnation,
or "taking" of a portion of said lot or any building damaged more
than 50% as stipulated in section, may be used for the zoned use of
the property, provided such lot shall be developed in conformity with
all applicable district regulations other than the existing deficient
lot area, lot width, lot depth and/or setbacks. However, any new addition
to the "footprint" of the main building in regards to increasing the
length, depth or height of the main building shall comply with the
Bulk Regulations Table[1] as to setbacks, height and all other requirements in effect at that time. This applies to both principal and accessory type buildings and structures as stipulated in the Bulk Regulations Table and § 190-7A(1) through (5) with § 190-7B being the exception.
[1]
Editor's Note: The Bulk Regulations Table is included at the
end of this chapter.
E.
Height regulations.
(1)
Where a lot has frontage on two or more streets or other public rights-of-way,
the height limitation shall apply only as measured from the curb level
along the street or right-of-way with a higher elevation above sea
level.
(2)
Structures such as chimneys, flues, private home antennas, flagpoles,
spires, belfries, and skylights shall be exempt from height limitations
provided they occupy not more than 20% of the roof area. Barns and
silos are also exempt from height limitations.
F.
Wind energy
conversion systems (WECS).
[Added 11-26-2008 by L.L. No. 2-2008]
(1)
Residential
WECS.
(a)
Permitted in the following districts: Residential District (R-1)
and Residential District (R-2).
(b)
Maximum number of towers per lot or on contiguous lots held in common
ownership: one per lot, minimum of five acres.
(c)
Maximum tower height: 100 feet measured from the mean grade surrounding
the support pad(s) to the base of the wind generator measured along
the vertical axis of the tower.
(d)
Minimum tower setback distance from nearest property line is twice
the distance measured from the mean grade surrounding the support
pad(s) to the tip of the highest blade in vertical position measured
along the vertical axis of the tower.
(e)
Minimum distance from guy wire to property line: 15 feet.
(f)
Blade color: White or light gray.
(g)
Protection. The base of the tower must be styled to be nonclimbable
for at least the lower 12 feet. It must also be surrounded by an eight-foot-high
protective fence styled to be nonclimbable. One such example is security
mesh (one or 1 1/4 link).
(h)
Flicker effect. The windmill shall not be located as to create a
flicker effect, that being a rotating shadow that may fall upon an
occupied residence not owned by the owner of the windmill.
(i)
Noise. Windmill noise shall comply with appropriate Town Code currently § 190-29, entitled "Noise standards."
(j)
Abandonment. The Building Inspector may cause the owner to remove
WECS, including all appurtenances thereto, if the facility fails to
generate power for one year or more.
(k)
If electromagnetic interference is caused by the installation of a WECS, the installation shall be deemed a public nuisance in violation of § 190-11 of this chapter. The violation shall be corrected within 90 days from the date of notification. If the electromagnetic interference cannot be remedied, the WECS shall be removed or relocated.
(l)
A property owner is not to exceed 100 kilowatts of power that can
be sold back to NYSEG or others.
(2)
There
shall be no commercial WECS in the Town of Highland.
A.
The Town of Highland joined the regular phase of the Federal Emergency
Management Agency's (FEMA) Flood Insurance Program on March 4,
1987. All development in flood areas is regulated by FEMA regulations
adopted by the Town as a local law on April 7, 1987, or any regulations
or local laws which update this chapter.
B.
For areas where no FEMA mapping exist, and a flooding potential exists
in the judgment of the Code Enforcement Officer or the Planning Board,
no structure shall be build within the floodplain. The limits shall
be determined by the developer by one of the following methods:
(1)
Determine the cross section of the channel by using 150% of the area
of the nearest upstream publicly owned drainage structure.
(2)
Complete a hydrological computation using any recognized applicable
method.
(3)
Keep structures 25 feet outside and five feet higher than any observed
high water mark, such as old stream channels, erosion, vegetation
disturbance or scars.
A.
Permitted signs and required postal numbers. The following signs
are permitted in all districts without a permit.
(1)
Professional resident-office, home occupation, and personal signs,
one per premises, not to exceed six square feet in area.
(2)
"For rent" or "For sale" signs not exceeding six square feet, and
not exceeding three per premises.
(3)
Directional or informational signs not exceeding three square feet
or two per premises.
(4)
Signs necessary for public safety or welfare.
(5)
Signs identifying a construction project and the specialists concerned,
not exceeding eight square feet for a residential construction and
32 square feet for commercial construction, for the period of construction
and not exceeding 90 days after the completion of construction and
the issuance of the C/O.
(6)
Trespassing or posted signs when such signs comply with the existing
laws and regulations for posting property.
B.
Prohibited signs. The following permanent signs are prohibited in
all districts:
(1)
Billboards and roof signs.
(2)
Any sign placed in such a position that will cause danger to the
public safety by obstructing access to, but not limited to, a door,
window, or fire escape, or by shining a light on the street.
(3)
Mechanical signs, signs with oscillating or flashing lights, or signs
that cause ambient light.
(4)
Signs that compete for attention with, or may be mistaken for, a
traffic sign or signal.
(5)
Signs painted, in whole or in part, in fluorescent or "day-glo" colors.
(6)
Signs that are not permanently or securely fixed to the ground or
to a permanently, immovable structure.
(7)
Signs attached to utility poles or trees, except posted signs.
(8)
Ribbons, streamers, spinners, or similar moving, fluttering or revolving
devices.
C.
Signs permitted in a Hamlet-Commercial District. The following signs
are permitted on a permanent basis subject to obtaining a permit from
the Code Enforcement Officer:
(1)
Business signs, total area not to exceed 32 square feet.
(2)
Businesses which are authorized agents for any manufacturer or distributor
shall be permitted one additional 16 square feet of signage to advertise
such affiliation. In no event shall total signage exceed 48 square
feet per property.
(3)
Businesses which have secondary lines of business shall be permitted
one additional 16 square feet of signage to advertise such non-primary
businesses. In no event shall total signage exceed 48 square feet
per property.
(4)
One sign per road frontage shall be permitted. Double-faced signs
are permitted, providing this section is adhered to. Area shall be
computed on one face only of any double-faced sign.
D.
Sign application procedures. Each application shall consist of:
(1)
The name, address and telephone number of the applicant, owner of
the real property on which the sign will be located, owner of the
sign, and contractor(s) who will build, install and maintain the sign.
(2)
A drawing in appropriate scale to show the design, dimensions, and
color of the graphics, wording, and sign structure, details of any
illumination source and placement of the sign relative to the building
or structure on which it is located and relative to nearby buildings,
structures, street lines, property lines and sight lines.
(3)
If the property is not owner occupied, written consent of the owner
of the real property on which the sign will be located is required.
(4)
Fee. Permit fees are to be set at the discretion of and by the Town
Board.
(5)
Upon completion or placement of the sign, the Code Enforcement Officer
shall take a photograph of the sign and place it on file.
(6)
A completed application shall be approved or denied by the Code Enforcement
Officer, in writing, within 10 days of application. Any application
denied may be reviewed by and/or appealed to the Zoning Board of Appeals,
after the Code Enforcement Officer, within 10 days stipulates in writing
his reason(s) and the sections of this chapter his denial is based
on.
E.
Construction and installation standards for all signs.
(1)
All signs shall be installed to withstand wind, rain, snow and storm;
maintained in good condition and attractive appearance; and removed
when no longer in active use, with the property properly landscaped
and graded.
(2)
All signs, including wall-mounted and projecting signs, shall be
securely anchored and shall not swing or move in any manner that might
create a hazard.
(3)
All signs, sign finishes, supports and electrical work shall be maintained,
cleaned, neatly painted and free from all hazards, including but not
limited to loose supports, braces, guys and anchors.
(4)
No part of any sign shall extend above the ridge line of any building.
(5)
Any part of a sign extending over pedestrian traffic areas shall
have a minimum height clearance of eight feet from the ground surface.
(6)
No freestanding sign shall extend over or into the public right-of-way,
nor shall it overhang property lines or restrict line of sight or
clear vision between a sidewalk and a street.
(7)
All signs shall be located so as not to interfere with the line of
sight along any traveled way and at least 20 feet from any sideline,
and may not exceed 20 feet in height above grade.
(8)
Signs may be illuminated by a steady light, provided the lighting
does not illuminate adjacent properties, create a traffic hazard,
or create unnecessary ambient light.
(9)
Lighting fixtures and wiring shall conform to all requirements of
the latest edition of the National Electrical Code and including other
applicable codes and regulations, and shall have a recognized Underwriter's
approval if necessary.
(10)
All sign fabrication, erection and attachments shall conform
to the New York State Uniform Fire Prevention and Building Code and
all other applicable codes, rules and regulations in effect.
F.
Temporary signs in all districts.
[Amended 7-14-2009 by L.L. No. 4-2009]
(1)
Temporary signs, including signs for meetings, conventions and other
assemblies; signs that exceed the size permitted in section that lists
the architect, engineer, contractor, and/or owner-on-premises where
construction, renovation or repairs are in progress; political posters
and signs not-for-profit promotional signs; private sales; or similar
signs shall be placed on bulletin boards whenever possible.
(2)
When no community bulletin board is available, the following freestanding
temporary signs are allowed, subject to the following requirements:
(a)
Freestanding temporary signs shall not exceed six square feet
in area, with no single dimension exceeding four feet.
(b)
Signs consisting of banners and pennants for special events
and/or grand openings are not to exceed 30 days of display and twice
annually.
(c)
Signs advertising special events, including but not limited
to grand opening signs, not to exceed 32 square feet. The square footage
of special event or grand opening signs is in addition to permitted
permanent signs.
(d)
Sign content shall be limited to identification of the activity,
facility, attraction, area, or site, the mileage from the sign to
the site, and a route number or any other necessary wording permitted
by the Code Enforcement Officer.
(e)
Directional signs larger in size than three square feet in area.
(f)
Temporary signs shall be removed within seven days after each
event.
(g)
Freestanding temporary signs shall not be erected more than
30 days prior to the event.
G.
Nonconforming signs.
(1)
A nonconforming sign may be maintained but not changed or enlarged.
When a nonconforming sign is in need of repair as shall be determined
by the Code Enforcement Officer, the sign shall be made to come in
conformance with the requirements of this chapter. Painting a sign
or changing its copy is allowed and no fee is required.
[Amended 7-14-2009 by L.L. No. 4-2009]
(2)
Abandonment or discontinuance of the product, service, or business
that a sign advertises for a period of more than one year shall cause
the Code Enforcement Officer to order, in writing, said sign's removal.
H.
Enforcement and removal of signs.
[Amended 7-14-2009 by L.L. No. 4-2009]
(1)
Enforcement.
(a)
In the event of a breach of any provisions of this chapter,
the Code Enforcement Officer shall notify the owner of the premises,
in writing, to bring the sign into conformance within a reasonable
amount of time, not to exceed 15 days.
(b)
In the event of a recurrence in the nature of the same violations,
no further written notice is required prior to enforcement of same.
(2)
Removal.
(a)
In case of a failure to comply with any written notice within
the prescribed time, the Code Enforcement Officer may remove or cause
the removal of the sign and shall request the Town Board to assess
all costs and expenses incurred against the owner of the land on which
the sign is located.
(b)
All costs and expenses incurred by the Town in causing the removal
of any sign(s) shall be collected from the owner of the premises on
which such sign is located. Payment shall be made within five business
days of receipt of a written demand. Upon failure to make such payment,
such costs and expenses shall be assessed against said owner and shall
be paid and collected as part of the Town tax next due and payable.
In addition, the Town may commence any other action or proceeding
to collect such costs and expenses.
(c)
Temporary signs shall be removed within seven days of the event
or, if political signs, within seven days of the primary or general
election.
(d)
Freestanding-type signs advertising businesses that have terminated,
or products or services no longer available in the Town, shall be
removed within 60 days of such termination.
A.
Off-street parking requirements. Off-street parking space open or
enclosed are permitted, subject to the following provisions:
(1)
Schedule of parking requirements. Accessory off-street parking spaces,
open or enclosed, shall be provided for any use specified below. Any
land which is developed as a unit under single ownership and control
shall be considered as a single lot for the purpose of these parking
regulations. Reasonable and appropriate off-street parking requirements
for buildings and uses which do not fall within the categories listed
below shall be forwarded by the CEO to the Planning Board for consideration
of all factors entering into the parking needs of each such use.
[Amended 5-12-2015 by L.L. No. 2-2015]
Use
|
Minimum Parking Spaces
| |
---|---|---|
One- or two-family dwelling
|
2 per dwelling unit
| |
Multiple dwellings
|
1 1/2 per dwelling unit
| |
Hotels, motels and bed-and-breakfasts
|
1 per guest room plus 1 for each employee
| |
Home occupations, except physicians or dentists
|
3 spaces per each home occupation or professional office
| |
Office or clinic for physician or dentist
|
5 spaces per each physician or dentist plus 1 space for each
employee
| |
Bowling alleys
|
5 per alley, plus 1 for each employee
| |
Places of worship, libraries and other public buildings
|
1 space per 200 square feet of floor area, but not less than
1 space for each 5 seats where provided
| |
Private elementary schools
|
2 spaces per classroom plus 1 space for each 5 seats in any
auditorium or place of assembly
| |
Private secondary schools
|
4 spaces per classroom, plus 1 space for each 5 seats in any
auditorium or place of assembly
| |
Retail and services
|
1 space per 250 square feet of publicly accessible floor space
plus 1 space for each employee
| |
Restaurants and drinking establishments
|
1 space for each 3 seats or per 3 persons accommodated at capacity
| |
Amusement facilities except bowling alleys
|
1 space for each 5 patrons plus 1 for each employee
| |
Industrial establishments
|
1 space for each employee
| |
Offices
|
1 for each 200 square feet of floor area
| |
Golf course and other country clubs
|
1 space per member
| |
Auditorium, convention hall, gymnasium, theater, studio or other
place of public assembly not otherwise classified
|
1 space per 3 seats or per 40 square feet of seating floor area
where fixed seating is not provided
|
(2)
Areas computed as parking space. Areas which may be computed as open
or enclosed off-street parking space include any private garage, carport,
or other area available for parking, other than a street or driveway.
However, a driveway within a required front yard for a one-family
dwelling may count as one parking space.
(3)
Size of spaces. Two-hundred square feet shall be considered one parking
space exclusive of entrance and exit lanes and maneuvering aisles.
Minimum parking stall width shall be nine feet zero-inch.
(4)
Access. Unobstructed access to and from a street shall be provided.
Such access shall consist of at least one ten-foot lane for parking
areas with less than 12 spaces and at least two ten-foot lanes for
over 12 spaces. No entrance or exit for any off-street parking area
shall be located within 50 feet of any street intersection.
(5)
Drainage and surfacing. All open parking areas shall be provided
with a dustless surface, except for parking spaces accessory to a
one-family or two-family dwelling.
(6)
Joint facilities. Required parking spaces, open or enclosed, may
be provided in spaces designed to serve jointly two or more establishments
whether or not located on the same lot provided that the number of
required spaces in such joint facilities shall be not less than the
total required for all such establishments.
(7)
Combined spaces. When any lot contains two or more uses having different
parking requirements, the parking requirements for each use shall
apply to the extent of that use. Where it can be conclusively demonstrated
that one or more such uses will be generating a demand for parking
spaces primarily during periods when the other use or uses is not
or are not in operation, the Planning Board may reduce the total parking
spaces for that use with the least requirement.
(8)
Location. Required accessory parking spaces, open or enclosed, shall
be provided upon the same lot as the use to which they are accessory.
(9)
On lots divided by district boundaries. When a parking lot is located
partly in one district and partly in another district, the regulations
for the district containing the use shall apply to all of the lot.
Parking spaces on such a lot may be located without regard to district
lines, provided that no such parking spaces shall be located in any
R-1 or R-2 District unless the use to which they are necessary is
permitted in such district or upon approval of the Planning Board.
(10)
This subsection articulates standards for conditions under which
a waiver or exception from the general parking requirements may be
allowed by the Planning Board.
[Added 5-12-2015 by L.L.
No. 2-2015]
(a)
If the applicant believes that the required number of parking
spaces is in excess of what is needed for the proposed use, the applicant
may submit a request with justification to the Planning Board for
a waiver or exception from the parking space requirements. The Planning
Board may require the submission of a parking demand analysis as part
of any request for a waiver or exception from the general parking
requirements.
(b)
The Planning Board may authorize a waiver or exception from
the number of otherwise required parking spaces, not to exceed a thirty-percent
reduction based upon the following criteria:
[1]
The likelihood that parking will be shared with adjoining facilities,
the impact of daily peak visitation or use periods on demand and the
hours of operation as compared to other neighborhood activities.
[2]
Regional and local studies of area businesses' parking
needs, reflective of the particular business and for the type of use
proposed or actual case-study comparisons for projects of similar
character. The Planning Board may require the developer or applicant
to gather and submit such data in support of its proposed parking
provisions.
[3]
The expected occupancy rates, traffic levels and numbers of
employees in connection with any enterprise and the degree to which
these directly relate to parking requirements.
[4]
The use of pervious surfacing to reduce stormwater impacts is
encouraged and may be considered in lieu of paved parking.
[5]
The availability of reserve areas designated on the site plan
for future parking development in the event of demonstrated need,
as determined and directed by the Code Enforcement Officer or Planning
Board. The intent of this subsection is to allow some flexibility
in the timing of the provision of parking, where the Planning Board
has determined there is some uncertainty as to the parking demand
for a particular use, and the immediate provision of parking would
require significant alteration of natural topography or disturbance
to wooded sites. Where the Planning Board determines the immediate
use of any property may not require the full initial improvement of
all off-street parking, the Planning Board may waive the initial improvement
of not more than 30% of the required number of spaces, provided the
total number of parking spaces is shown on the approved plan. The
initially unimproved area shall be reserved for future use, although
the Planning Board may require said area be graded for parking in
accordance with the approved plan. All such reserve lands, if graded,
shall be landscaped in accordance with the approved landscaping plan
until the reserved spaces may be required to be improved. Reserved
spaces shall be improved within six months of the date of written
notice from the Planning Board that such spaces have been determined
to be necessary. Appropriate written guaranties to the above shall
be provided by the owner and approved by the Town Attorney. The Planning
Board may also require a performance guaranty or other surety be posted
to ensure the completion of said reserve parking.
[6]
The Planning Board shall be satisfied that any modification
of parking requirements: i) will not adversely affect traffic flow
on the site; ii) will leave adequate parking for all of the reasonably
anticipated uses or occupancies of the project; and iii) will not
otherwise adversely affect the general welfare of the community.
B.
Regulations for parking spaces adjacent to lots in any R-1 or R-2
District.
(1)
Whenever a parking area of over five spaces abuts or is within 15
feet of the side or rear lot line of a lot in any R-1 or R-2 District,
the said parking lot shall be screened from such adjoining lot by
a substantial wall, fence, or thick hedge, approved by the Planning
Board. Generally, such screen shall be not less than five or more
than eight feet in height.
(2)
Whenever a parking area of over five spaces is located across the
street from other land in any R-1 or R-2 District, it shall be screened
from view of such land by a thick hedge, wall, or fence approved by
the Planning Board, not less than 30 feet from either line; such screening
to be interrupted only at points of ingress and egress. No such screening
shall be less than four feet in height. Two identification and directional
signs located on the street side of such screening shall be permitted;
however, they shall not exceed an area of three square feet each.
C.
Commercial vehicles.
(1)
Up to three commercial vehicles exceeding 18,000 pounds' gross weight
may be parked on an occupied lot in all districts, but not within
the required yards of such lot and in no case between the street line
and the principal building. Such vehicles, when parked, must have
their engines and refrigeration units, if any, off.
(2)
Commercial farm vehicles are permitted as accessory to a commercial
farm use in all districts and are exempt from parking regulations.
(3)
Boats and boat trailers may be stored in well-screened commercial
storage lots and/or campgrounds.
D.
Trailers and boats.
(1)
The storage or parking and use of any type of trailer except a boat
trailer by any person or persons is hereby prohibited in all districts
except: Not more than one camper and one trailer may be stored on
an occupied lot in any district, provided that such camper or trailer
is not stored within any required side or rear yard of such lot, nor
between the street line and the principal building.
(2)
Boats and/or boat trailers may be stored on an occupied lot, provided
that such boat is not stored within any required side or rear yard
of such lot, nor between the street line and the principal building.
This requirement shall not apply to waterfront properties.
A.
Any use which is noxious, offensive, or objectionable by reasons
of the emission of smoke, dust, dirt, gases, odor, or other form of
air pollution or by reason of the deposit, discharge, or disposal
of liquids or solid wastes in any form in a manner or amount as to
cause damage to the soil and streams or to adversely affect the surrounding
areas, or by reason of the creation of noise, vibration, or other
disturbance or by reason of illumination on or from which such light,
glare or light reflection emanates, or which involves any dangerous
fire, explosive, radioactive, or any other hazards, or electrical,
disturbances, electromagnetic disturbances, heat, which causes injury,
annoyance or disturbance to any of the surrounding properties or to
their owners and occupants, and any other process or use which is
unwholesome and may be dangerous or prejudicial to health, safety
or general welfare. However vegetative spraying and dusting in compliance
with industry and DEC standards is permitted.
B.
Flea markets are prohibited in all districts, except those which
are Town sanctioned or sponsored by tax exempt or nonprofit organizations.
C.
Junkyard or landfills, unless established as an official Town landfill,
and duly licensed as a landfill by the Town Board, state, or other
governmental agency having jurisdiction. Any property which does not
comply with the above and shall be deemed by the Town Board as detrimental
to the health, safety or welfare of the Town shall be removed or cleaned
up to the satisfaction of the Town Board within a period of time designated
by the Town Board. Failure to do so may result in a fine being levied
as set by the Town Board. Junkyards and/or landfills are specifically
prohibited in the URDC.
The Town of Highland hereby adopts the New York State Uniform
Fire Prevention and Building Code, and the New York State Energy Code,
and henceforth, all new construction and all revisions to existing
structures shall be done in strict accordance with said Code and with
the State Energy Conservation Construction Code.
A.
The Town of Highland hereby adopts the New York State Sanitation
Code and henceforth the construction of new sanitary systems shall
be done in strict accordance with said code, revisions to existing
systems shall also comply with the New York State Sanitation Code.
Prior to the start of construction for a sanitary sewage disposal
system, the Code Enforcement Officer shall be furnished with the results
of a percolation test done by a licensed engineer. Installation of
a system shall conform to the latest "Bulletin on Waste Water Facilities
for Residential or Commercial Building" as published by the New York
State Department of Health. The owner or contractor shall give the
Code Enforcement Officer a minimum of 24 hours' notice to inspect
and approve such installation prior to backfilling.
B.
Waterfront lots. The setback line from any water body for an on-site
sewage disposal system shall be not less than 200 feet from the high
water line for running water and 200 feet from any impoundment, except
that sewage disposal systems designed by a licensed engineer shall
not be less than 100 feet from any impoundment.
C.
Wastes. No solid or liquid wastes shall be discharged into any public
sewer, private sewage disposal system, or stream or on or into the
ground, except in accordance with the standard approval by the New
York State Department of Health or similarly empowered agency.
A.
All buildings, whether of conventional site-built construction or
not, must be installed on foundations, piers, or slabs which meet
the requirements of the New York State Uniform Fire Prevention and
Building Code. All structures must be securely anchored to the foundation
system. When a habitable structure is supported by other than a continuous
wall or is directly on a slab, the space between the structure and
the ground or the slab must be suitably enclosed around the entire
periphery of the structure. Suitable ventilation of the enclosed space
must be provided.
[Amended 1-8-2007 by L.L. No. 1-2007]
(1)
All modular, manufactured, and conventional site-built housing constructed
over a crawl space shall have a vapor barrier with a minimum of a
two-inch concrete surface in the crawl space with a forty-two-inch
vertical space.
(2)
All dwellings are required to have frost footings and foundations
with not less than forty-two-inch depth below the finished grade,
except foundations designed by a licensed engineer.
(3)
Garages, trailer slabs and accessory buildings may be constructed
on floating slabs when the edges are reinforced with two No. 5 steel
reinforcement bars in a twelve-inch-wide thickened edge (twice the
slab thickness) with a six-inch crushed stone subbase and vapor barrier.
[Amended 7-14-2009 by L.L. No. 4-2009]
(4)
Trailers shall be positioned on concrete slabs which extend six inches
beyond the limits of the trailer. The slabs shall have thickened edges
and be a minimum of four inches thick over a vapor barrier and four
inches of crushed stone. The areas where supporting piers are placed
on the slab shall be thickened and reinforced.
B.
Stairs, steps, porches, etc. must meet the standards of the New York
State Uniform Fire Prevention and Building Code and be so anchored
to the structure and/or the foundation or slab as to assure their
safe usage.
A.
All open portions of any lot shall have adequate grading and drainage,
and shall be continuously maintained in a dust-free condition and
protected against erosion with suitable plantings of trees, shrubs,
or ground cover.
[Amended 7-14-2009 by L.L. No. 4-2009]
B.
Where a permitted use in a Hamlet Commercial District is not subject
to site plan review by the Planning Board, the Code Enforcement Officer
shall consider site plan review criteria of this chapter prior to
the issuance of a building permit.
A.
Individual mobile homes shall be subject to the New York State Uniform
Fire Prevention and Building Code requirements, as they apply. No
person shall park a mobile home which does not meet state construction
standards on any public or private property.
B.
Standards.
(1)
The minimum habitable dwelling area shall be at least 500 square
feet.
(2)
All mobile homes shall be situated on a slab, pier, or a foundation.
The foundation and the area up to the floor level of the mobile home
shall be screened from view from the street and from surrounding properties
by skirting.
(3)
Trailers shall be positioned on concrete slabs which extend six inches
beyond the limits of the trailer. The slabs shall have thickened edges
and be a minimum of four inches thick over a vapor barrier and four
inches of crushed stone. The area where supporting piers are placed
on the slab shall be thickened and reinforced.
[1]
Editor’s Note: Former §§ 190-18, Cluster developments,
as amended, and 190-19, Planned unit development, as amended, were
repealed 2-9-2016 by L.L. No. 1-2016.
A.
Permits.
(1)
Five acres or more of land may not be stripped or clear-cut without
first having obtained a permit. Failure to have such a permit shall
constitute a violation of this chapter. This provision shall not be
applicable to sand, gravel, shale, topsoil, or other aggregate mining
operations that are active as of the date of this chapter was adopted
and are permitted by the New York State Department of Environmental
Conservation.
(2)
Stripping or clear-cutting of five acres or more of land shall be
authorized only by the Planning Board and any governmental agency
having jurisdiction.
(3)
Applications for stripping of land or clear-cutting shall be filed
with the Planning Board for approval. Upon authorization of the Planning
Board, and payment of the appropriate fee if any as set by the Town
Board, the Code Enforcement Officer shall, within 10 days, issue a
permit.
(4)
The permit shall be valid for a period to be determined by the Planning
Board, and shall be subject to any such conditions and performance
bond(s) the Planning Board deems necessary.
(5)
Any deviation from the originally approved application, no matter
how small, shall require a new application before the Planning Board.
(6)
All applications for permits for stripping of land and/or clear-cutting
shall be in writing, signed and notarized by applicant, and shall
state:
(7)
Each application shall be accompanied by a site plan indicating the
following information:
(a)
Location of the area to be stripped or clear-cut showing the
boundaries and measurements of the lot and the extent and depth of
the area to be worked;
(b)
Names and owners of adjoining properties;
(c)
Quantity of material(s) to be removed;
(d)
Destination of stripped material, including stockpile areas
and ultimate disposition;
(e)
Means of egress and ingress for trucks and equipment;
(f)
Watercourses and drainage ditches;
(g)
Measures to control erosion, noise, dust, and loss of material
during transportation,
(h)
Duration of proposed stripping and clear-cutting of land;
(i)
Restoration of area proposed to be stripped or clear-cut during
temporary interruptions in activities and after completion, including
road maintenance and repairs;
(j)
A plan for the disposition of woody vegetation growing in the
area to be stripped or clear-cut; and
(k)
A site location map at a scale of one to 24,000.
B.
Requirements and standards.
(1)
Any area that has been stripped or clear-cut or covered with fill
shall be restored to a suitable grade so as to provide good drainage
and no disturbance to adjacent properties. Final grade shall form
a smooth transition to surrounding undisturbed land. Final slopes
shall not be less than 0.5%. Slopes greater than 25% shall be terraced,
the vertical steps to be not greater than five feet and stabilized
with noneroding material. Ponding areas shall be provided as required
to remove silt from runoff below flowing from the property.
(2)
Any area that has been stripped or clear-cut or covered with fill
shall be seeded to provide an effective cover crop within the first
growing season following the start of such stripping, clear-cutting
or covering.
(3)
To ensure the compliance of the permittee to the standards of this
section, a performance bond in a suitable amount shall be required
in an amount to be determined by the Planning Board.
A.
Permits.
(1)
No new campground or expansion of an existing campground shall be
permitted after the effective date of this chapter without a permit
as herein provided, and failure to obtain a permit and pay the appropriate
fee if any shall constitute a violation of this part.
(2)
Applications for campground permits, whether new or existing, shall
be filed with the Planning Board. Upon approval of the Planning Board
the Code Enforcement Officer shall, upon receipt of the proper fee
if any, issue a permit within 10 days.
(3)
The permit shall be valid for a period of time set forth by the Planning
Board and shall be subject to such conditions and performance standards
as the Planning Board deems necessary. The issuance of such a permit
shall not constitute an endorsement of the operation of the campground
by the Town.
(4)
Any deviation from the original application approved by the Planning
Board, no matter how small, shall require a new application before
the Planning Board, and shall be in conformance with these regulations.
(5)
Applications for campground permits shall be in writing, signed and
notarized by the applicant, and shall state:
B.
Requirements and standards.
(1)
Each campsite, including parking spaces, shall provide a minimum
of 1,500 square feet of space per tent site and 2,000 square feet
of space per camping trailer or recreational vehicle. Each site shall
be identified by an alphabetical or numeric code attached to a four-inch-by-four-inch
post.
[Amended 7-14-2009 by L.L. No. 4-2009]
(a)
Each site is limited to a family/group not exceeding 10 persons.
(b)
Campsites shall be no closer to a property line of any adjoining
property which is being used as a private residence than 50 feet.
(c)
All campsites shall be accessible by an all-weather roadway
suitable for maintenance and emergency vehicles.
(2)
Consistent with these requirements, trees for the provision of shade
should be disturbed as little as possible.
(3)
Fireplaces, if provided, shall be located in a safe and convenient
place where they will not constitute a fire hazard to vegetation,
undergrowth, trees, and camping units.
(4)
An adequate supply of potable water shall be provided within 250
feet of all campsites. One water spigot capable of providing a minimum
of 500 gallons of water per day at a minimum pressure of 20 pounds
per square inch, with soakage pit or other disposal facilities, shall
be provided for each 10 campsites without water facilities. Where
spigots and sewer hookups are provided at each site, a minimum volume
of 150 gallons of water per site per day at a minimum pressure of
20 pounds per square inch shall be provided.
[Amended 7-14-2009 by L.L. No. 4-2009]
(5)
Toilets and urinals shall be provided at one or more locations in
every campground and shall be convenient of access. Separate toilet
facilities shall be provided for males and females and shall be clearly
marked. Each toilet shall be in a separate compartment and a door
shall be provided for privacy. Toilets and urinals shall be maintained
continuously in a clean condition.
(6)
Each campground shall have a minimum of three toilets for male persons,
and a minimum of three toilets for female persons. If there are over
20 campsites in a campground, there shall be one additional toilet
for female persons for every 10 campsites. Each male toilet facility
provided shall contain at least one urinal. Up to 1/2 of the male
toilets may be urinals. In no case shall toilets be located more than
300 feet from any campsite or 500 feet from sites with water and sewer
hookups.
[Amended 7-14-2009 by L.L. No. 4-2009]
(7)
Lavatories or other hand-washing facilities shall be provided at
a ratio of one for each 15 sites and a minimum of two for each sex.
Utility sinks shall be provided. The sink should be near the door,
if located within a building, where it can be utilized for the disposal
of dishwater brought in buckets.
[Amended 7-14-2009 by L.L. No. 4-2009]
(8)
At least one shower shall be provided for each sex.
(9)
Each toilet facility provided shall contain at least one water fountain.
(10)
Access to all utility and recreation facilities and one out
of every three toilets for each sex shall be so constructed as to
accommodate the physically handicapped in accordance with the New
York State Uniform Fire Prevention and Building Code or the Americans
with Disabilities Act, latest addition, whichever is more strict.
[Amended 7-14-2009 by L.L. No. 4-2009]
(11)
All recreational vehicles must be removed from their campsite,
either off the campgrounds, between November 1 and April 1, of each
year. This is to be verified by the Code Enforcement Officer accordingly.
(12)
A telephone shall be accessible to all campers for emergency
calls at all times, day or night.
(13)
The campground shall not be operated until the permit or license
to operate is obtained from the New York State Board of Health.
[Amended 7-14-2009 by L.L. No. 4-2009]
C.
Existing campgrounds.
(1)
Existing campgrounds currently permitted and/or licensed by the New York State Board of Health are permitted, provided they are operated for a period not to exceed eight months per calendar year. During the four-month closure period § 190-21B(11) still applies.
(2)
Expansion of an existing campgrounds shall be subject to the regulations
set forth in herein in their entirety and any other applicable section
of this chapter.
A.
Accessory to single-family dwellings. Swimming pools, whether permanent
or portable, that are accessory to single-family dwelling, shall be
located not closer than 20 feet to any side or rear lot line and not
closer than 50 feet to a front lot line. These regulations shall not
apply to portable pools that do not exceed two feet in height and
six feet in diameter.
B.
Accessory to residential developments. Swimming pools accessory to
residential development, whether cluster, seasonal dwellings, bungalow
colonies, camps or multiple-family dwellings, shall be of permanent
construction and shall be located not closer than 50 feet to any lot
line and not closer than 50 feet to any dwelling unit.
C.
Nonresidential. Swimming pools that are part of nonresidential uses
such as hotels, motels, clubs, campgrounds, day-use recreational facilities
or institutions shall be of permanent construction and shall be located
no closer than 100 feet from any lot line.
D.
Fencing. All outdoor swimming pools having a depth of 18 inches or
more shall be completely enclosed with a wall, fence, or other barrier
at least four feet high and not greater than eight feet high, the
bottom of which must be no more than three inches from the ground,
and equipped with a gate having a lock which shall be locked at all
times that the swimming pool is not in use. All such swimming pools
must remain empty of water until the barrier has been completed and
approved by the Code Enforcement Officer as meeting the foregoing
requirements and as being sufficiently strong in construction to prevent
any person from accidentally entering the pool enclosure. Fencing
shall consist of a substantial structure of wood or metal or other
rigid material built so that it will withstand exposure to the elements.
Nonstructural material may be incorporated into a fence to control
visual exposure; such material shall be capable of withstanding exposure
to the elements without deteriorating. All fences shall be maintained
in good condition at all times and shall not be allowed to deteriorate
structurally or aesthetically.
The following additional standards must be provided for in conducting
animal husbandry.
A.
No offensive odor or dust-producing substance or any use producing
incessant odor or dust may be permitted within 100 feet of any property
line.
B.
In districts where animal husbandry is allowed, a special use permit
is necessary where animal husbandry is in excess of one animal unit
per acre of land.
A.
No access drive or entry shall be within 10 feet of any side property
line.
B.
All parts and supplies, dismantled vehicles or part thereof, and/or
any other debris or discarded materials of any kind shall be located
within an enclosed or screened area, hidden from public view on all
sides and a minimum of 10 feet from any property lines.
C.
An automotive repair shop may provide for not more than 10 licensed
vehicles to be left outside, on-site at any time during the day or
night, in addition to any number of licensed vehicles temporarily
stored or being worked on inside. All vehicles let outside shall be
properly licensed and registered at all times.
D.
Any number of vehicles over 10 left outdoors during day or nighttime,
shall be subject to site plan review and approval of the Planning
Board.
E.
Any addition or extension to an existing automotive repair shop is
subject to site plan review and approval of the Planning Board.
F.
An automotive repair shop shall also include any building, shed or
enclosure or part thereof in which a motor vehicle or any other vehicle
containing volatile flammable gas or oil in its fuel storage tank
is stored, housed, kept or worked on for compensation, including repair
shops and automotive service stations.
[Amended 7-14-2009 by L.L. No. 4-2009]
[Added 3-10-2015 by L.L.
No. 1-2015]
A.
No more than 75% of the total gross floor space of the establishment
shall be used for the brewery function, including, but not limited
to, the brew house, boiling and water treatment areas, bottling and
kegging lines, malt milling and storage, fermentation tanks, conditioning
tanks and serving tanks.
B.
All mechanical equipment visible from the street or an adjacent residential
use shall be screened using architectural features consistent with
the principal structure.
C.
Access and loading bays are discouraged from facing toward any street.
D.
Access and loading bays facing any street or adjacent residential
use shall have the doors closed at all times, except during the movement
of raw materials, other supplies and finished products into and out
of the building.
E.
Service trucks for purpose of loading and unloading materials and
equipment shall be restricted to between the hours of 8:00 a.m. and
8:00 p.m., Monday through Saturday, and between 11:00 a.m. and 7:00
p.m. on Sundays and national holidays.
A.
No quarrying and/or removal of sand, gravel or other materials shall
be done without having first obtained a permit from the Planning Board,
after formal site plan review, and paying the necessary permit fees,
if any, as set by the Town Board.
(1)
No part of any quarry operation shall be within 200 feet of any lot
line.
(2)
All powered equipment shall be furnished with suitable dust elimination
devices, acceptable to the Planning Board.
(3)
Excavation slopes in excess of one foot vertical to one foot horizontal
shall be suitably fenced so as to prevent access by all persons not
engaged in the active operation. Said fencing shall be as approved
by the Planning Board.
(4)
All quarry and sand and gravel operations shall restore disturbed
areas of their sites in conformity with a reclamation plan to be approved
by the Planning Board, at the original site plan review process. The
reclamation plan shall indicate the post mining use of the site, and
grading, drainage, planting and access ways suitable for such use.
Grading and drainage should maintain continuity with undisturbed areas
of the property and with adjacent properties.
[Amended 7-14-2009 by L.L. No. 4-2009]
(5)
Application shall comply with any and all bonding requirements as
required by the Planning Board.
(6)
There shall be no quarrying and/or removal of sand and gravel in
any quantities in the Upper Delaware River Corridor.
[Amended 7-14-2009 by L.L. No. 4-2009]
A.
Home occupations include, but are not limited to, the following:
skilled or professional craftsperson, artist, dressmaker, offices
of clergy, real estate, a lawyer, physician, dentist, architect, engineer,
accountant, barber, hairdresser, carpenter, plumber, electrician,
teacher of music, and/or dancing, day care or studios where dancing
or music instruction is offered to groups not exceeding 10 pupils
at any one time. A home occupation shall be construed to include such
uses as the following: clinic or hospital, restaurant, concert or
recital studios, animal hospitals, dog kennel, auto mechanical works
or auto repairs.
B.
Additional regulations for home occupations are as follows:
(1)
No display of goods shall be visible from the street.
(2)
Such office or occupation shall be carried on in an area not exceeding
50% of the main floor area of the principal building.
(3)
Such office or occupation shall be incidental to the principal use
of the premises and must be carried on in the principal building by
a resident therein with not more than one nonresident assistant or
employee.
(4)
At no time shall any premises be used in such a manner to cause the
emission therefrom of any offensive or noxious odors, vapors, fumes,
glare, dust, smoke, gas, vibration, noise or radiation, or be used
in such a manner as to cause injury, annoyance, or disturbance to
any of the surrounding properties or to their owners or occupants.
(5)
Equipment capable of causing interference with radio or television
reception in the neighborhood shall be prohibited.
(6)
One identification sign is permitted on the premises no larger than
six square feet.
(7)
Parking regulations as set forth in this Zoning Law shall be met.
[Added 7-10-2012 by L.L. No. 3-2012]
A.
Explicitly prohibited uses. The following uses and activities (being respectively defined in Subsection D below of this § 190-27) are hereby expressly and explicitly prohibited in each and every zoning district within the Town, and no building or structure shall be created, altered or erected, and no body of water, land or building thereon shall be used, for any of such uses or activities:
(1)
High-impact industrial uses, including but not limited to any of
the following:
(a)
Natural gas and/or petroleum exploration activities;
(b)
Natural gas and/or petroleum extraction activities;
(c)
Natural gas and/or petroleum extraction, exploration or production
wastes disposal/storage facility;
(d)
Injection well;
(e)
Land application facility;
(f)
Natural gas and/or petroleum extraction, exploration or production
wastes dump;
(g)
Natural gas compression facility;
(h)
Natural gas processing facility;
(i)
Nonregulated pipelines;
(j)
Underground injection; and
(k)
Underground natural gas storage.
(2)
Any condition caused or permitted to exist in violation of this Subsection A is a threat to public health, safety and welfare, and is hereby declared and deemed to be a nuisance. Collectively the above expressly prohibited uses may be referred to in this chapter as "explicitly prohibited uses"; any one of the above expressly prohibited uses may be referred to in this chapter as an "explicitly prohibited use"; and any combination of more than one such use may also be referred to as "explicitly prohibited uses."
B.
Prohibition against natural gas and/or petroleum extraction, exploration
or production wastes.
(1)
The Town of Highland hereby exercises its authority and right under
New York Environmental Conservation Law § 27-0711 to adopt
a local law that is consistent with the Environmental Conservation
Law Article 27, such consistency demonstrated by the fact that this
section complies "with at least the minimum applicable requirements"
set forth in such statute, and the rules and regulations promulgated
pursuant to said Article 27.
(2)
It shall be unlawful for any person to produce, store, inject, discard,
discharge, dispose, release, or maintain, or to suffer, cause or permit
to be produced, stored, injected, discarded, discharged, disposed,
released, or maintained, anywhere within the Town, any waste from
natural gas and/or petroleum extraction, exploration or production.
C.
No application to customary local distribution lines, etc. The prohibitions set forth above in this § 190-27 are not intended, and shall not be construed, to:
(1)
Prevent or prohibit the right to use roadways in commerce or otherwise
for travel;
(2)
Prevent or prohibit the transmission of natural gas through utility
pipes, lines, reduction stations, or similar appurtenances for the
limited purpose of supplying natural gas to residents of or buildings
located in the Town; or
(3)
Prevent or prohibit the incidental or normal sale, storage, or use
of lubricating oil, heating oil, gasoline, diesel fuel, kerosene,
or propane in connection with legal agriculture, residential, business,
commercial, and other permitted uses within the Town.
D.
Defined terms. For purposes hereof, and in addition to the terms defined in § 190-2 of this chapter, the following terms shall have the meanings respectively set forth below:
- BELOW REGULATORY CONCERN
- Radioactive material in a quantity or of a level that is distinguishable from background (as that phrase is defined at 10 CFR § 20.1003), but which is below the regulation threshold established by any regulatory agency otherwise having jurisdiction over such material in the Town.
- GATHERING LINE or PRODUCTION LINE
- Any system of pipelines (and other equipment such as drip stations, vent stations, pigging facilities, valve boxes, transfer pump station, measuring and regulating equipment, yard and station piping, and cathodic protection equipment) used to move oil, gas, or liquids from a point of production, treatment facility or storage area to a transmission line, which is exempt from the Federal Energy Regulatory Commission's jurisdiction under Section 1(b) of the Natural Gas Act,[2] and which does not meet the definition of a major utility transmission facility under the Public Service Law of New York, Article 7, § 120(2)(b).
- (1) Land uses which by the very nature in which they are conducted have the potential to significantly impact the environment, pose a risk to human health and safety, or disturb or interfere with reasonable community expectations regarding odors, noise, light, traffic and water quality. High-impact industrial uses include but are not limited to what are traditionally considered to be "heavy industrial uses" and specifically include but are not limited to the following land uses:
- (a) Natural gas and/or petroleum exploration activities;
- (b) Natural gas and/or petroleum extraction activities;
- (c) Natural gas exploration, extraction, or production wastes disposal or storage facility;
- (d) Injection wells;
- (e) Land application facility;
- (f) Natural gas exploration, extraction, or production wastes dump;
- (g) Natural gas compression facility;
- (h) Natural gas processing facility;
- (i) Nonregulated pipelines;
- (j) Underground injection;
- (k) Underground natural gas storage.
- (a)
- (2) For purposes of this chapter, high impact industrial uses do not include:
- (a) Agriculture use;
- (b) Any use that is specifically articulated in this chapter as allowed by right within an appropriate district as a principal permitted or accessory use; or
- (c) Any use that is specifically articulated in this chapter as allowed within an appropriate district as a principal permitted or accessory use upon obtaining a special use permit.
- (a)
- INJECTION WELL
- A bored, drilled or driven shaft whose depth is greater than the largest surface dimension, or a dug hole whose depth is greater than the largest surface dimension, through which fluids (which may or may not include semisolids) are injected into the subsurface and less than 90% of such fluids return to the surface within a period of 90 days.
- LAND APPLICATION FACILITY
- A site where any natural gas and/or petroleum extraction, exploration or production wastes are applied to the soil surface or injected into the upper layer of the soil.
- NATURAL GAS
- Methane and any gaseous substance, either combustible or non-combustible, which is produced in a natural state from the earth and which maintains a gaseous or rarefied state at standard temperature and pressure conditions, and/or gaseous components or vapors occurring in or derived from petroleum or other hydrocarbons.
- NATURAL GAS AND/OR PETROLEUM EXPLORATION ACTIVITIES
- Geologic or geophysical activities related to the search for natural gas, petroleum or other subsurface hydrocarbons including prospecting, geophysical and geologic seismic surveying and sampling techniques, but only to the extent that such activities involve or employ core, rotary, or any other type of drilling or otherwise making any penetration or excavation of any land or water surface in the search for and evaluation of natural gas, petroleum, or other subsurface hydrocarbon deposits. (Note: as used in this chapter, the term "natural gas and/or petroleum exploration activities" is not intended and shall not be construed to include the conduct of seismic surveys, which are separately defined at, and subject to, the provisions of Chapter 147 (Seismic Surveys') of the Code of the Town of Highland.)
- NATURAL GAS AND/OR PETROLEUM EXTRACTION ACTIVITIES
- The digging or drilling of a well for the purposes of exploring for, developing or producing natural gas, petroleum or other subsurface hydrocarbons, including without limitation any and all forms of shale fracturing related to natural gas and/or petroleum extraction activities.
- (1) Any of the following in any form, and whether or not such items have been excepted or exempted from the coverage of any federal or state environmental protection laws, or have been excepted from statutory or regulatory definitions of "industrial waste," "hazardous," or "toxic," and whether or not such substances are generally characterized as waste:
- (a) Below-regulatory-concern radioactive material, or any radioactive material which is not below regulatory concern, but which is in fact not being regulated by the regulatory agency otherwise having jurisdiction over such material in the Town, whether naturally occurring or otherwise, in any case relating to, arising in connection with, or produced by or incidental to the exploration for, the extraction or production of, or the processing, treatment, or transportation of, natural gas, petroleum, or any related hydrocarbons;
- (b) Natural gas or petroleum drilling fluids;
- (c) Natural gas or petroleum exploration, drilling, production or processing wastes;
- (d) Natural gas or petroleum drilling treatment wastes (such as oils, frac fluids, produced water, brine, flowback, sediment and/or any other liquid or semiliquid material);
- (e) Any chemical, waste oil, waste emulsified oil, mud, or sediment that was used or produced in the drilling, development, transportation, processing or refining of natural gas or petroleum;
- (f) Soil contaminated in the drilling, transportation, processing or refining of natural gas or petroleum;
- (g) Drill cuttings from natural gas or petroleum wells; or
- (h) Any other wastes associated with the exploration, drilling, production or treatment of natural gas or petroleum.
- (a)
- (2) This definition specifically intends to include some wastes that may otherwise be classified as solid wastes which are not hazardous wastes under 40 C.F.R. § 261.4(b). The definition of natural gas and/or petroleum extraction, exploration or production wastes does not include recognizable and nonrecognizable food wastes, or waste generated by agriculture use.
- NATURAL GAS AND/OR PETROLEUM EXTRACTION, EXPLORATION OR PRODUCTION WASTES DISPOSAL/STORAGE FACILITY
- Any of the following:
- NATURAL GAS AND/OR PETROLEUM EXTRACTION, EXPLORATION OR PRODUCTION WASTES DUMP
- Land upon which natural gas and/or petroleum extraction, exploration or production wastes, or their residue or constituents before or after treatment, are deposited, disposed, discharged, injected, placed, buried or discarded, without any intention of further use.
- NATURAL GAS COMPRESSION FACILITY
- Those facilities or combination of facilities that move natural gas or petroleum from production fields or natural gas processing facilities in pipelines or into storage; the term shall include equipment for liquids separation, natural gas dehydration, and tanks for the storage of waste liquids and hydrocarbon liquids.
- NATURAL GAS PROCESSING FACILITY
- Those facilities that separate and recover natural gas liquids (NGLs) and/or other nonmethane gases and liquids from a stream of produced natural gas, using equipment for any of the following: cleaning or stripping gas, cooking and dehydration, residual refinement, treating or removing oil or condensate, removing water, separating NGLs, removing sulfur or carbon dioxide, fractionation of NGLs, or the capture of CO2 separated from natural gas streams.
- NONREGULATED PIPELINES
- Those pipelines that are exempt or otherwise excluded from regulation under federal and state laws regarding pipeline construction standards or reporting requirements. Specifically includes production lines and gathering lines.
- PIPELINE
- All parts of those physical facilities through which petroleum, gas, hazardous liquids, or chemicals move in transportation (including pipes, valves and other equipment and appurtenances attached to pipes and other equipment such as drip stations, vent stations, pigging facilities, valve boxes, transfer pump stations, measuring and regulating equipment, yard and station piping, and cathodic protection equipment), whether or not laid in public or private easement or private right of way within the Town. This includes, without limitation, gathering lines, production lines, and transmission lines.
- RADIATION
- The spontaneous emission of particles (alpha, beta, neutrons) or photons (gamma) from the nucleus of unstable atoms as a result of radioactive decay.
- RADIOACTIVE MATERIAL
- Material in any form that emits radiation, but only if such material has been moved from its naturally occurring location through an industrial process. Such material is radioactive material for purposes hereof, whether or not it is otherwise exempt from licensing and regulatory control pursuant to the New York State Department of Labor, the United States Nuclear Regulatory Commission, the United States Environmental Protection Agency, the United States Department of Energy, the United States Department of Transportation, or any other regulatory agency.
- SUBSURFACE
- Below the surface of the earth, or of a body of water, as the context may require.
- TRANSMISSION LINE
- A pipeline that transports oil, gas, or water to end users as a public utility and which is subject to regulation either by the Federal Energy Regulatory Commission's jurisdiction under Section 1(b) of the Natural Gas Act, or as a major utility transmission facility under the Public Service Law of New York, Article 7, § 120(2)(b).
- UNDERGROUND INJECTION
- Subsurface emplacement of natural gas and/or petroleum extraction, exploration or production wastes by or into an injection well.
- UNDERGROUND NATURAL GAS STORAGE
- Subsurface storage, including in depleted gas or oil reservoirs and salt caverns, of natural gas that has been transferred from its original location for the primary purpose of load balancing the production of natural gas. Includes compression and dehydration facilities, and pipelines.
- WATER; WATER RESOURCES
- All streams, ditches, lakes, ponds, marshes, vernal pools, watercourses, waterways, wells, springs, drainage systems, and all other bodies or accumulations of water, surface or underground, intermittent or perennial, which are contained in, flow through or border upon the Town or any portion thereof.
[2]
Editor's Note: See 15 U.S.C. § 717 et seq.
A.
Day and hours of operation.
B.
Owner or occupant to be present. The owner or tenant of the premises
where the sale is held must be present on the premises during this
sale.
C.
Advertising and signs.
(1)
Garage sales may be advertised through the newspaper or other media.
(2)
A sign no larger than two feet by two feet may be installed on the
property where the sale is being conducted. The sign shall be displayed
only during the sale and shall be removed within 24 hours after the
sale is concluded.
A.
It is recognized that people have a right to and should be ensured
an environment free from excessive noise that may jeopardize their
health, safety or welfare or degrade the quality of life.
[Amended 7-14-2009 by L.L. No. 4-2009]
B.
Definitions.
- AMBIENT NOISE
- Ambient noise is the all-encompassing noise associated with a given environment, being a composite of sounds from many sources near and far.
- DAYTIME HOURS
- The hours between 7:00 a.m. and 10:00 p.m., Monday through Friday, and the hours 9:00 a.m. through 10:00 p.m. on weekends.
- DECIBEL
- Decibel shall mean the practical unit of measurement for sound pressure level; the number of decibels of a measured sound is equal to 20 times the logarithm to the base 10 of the ratio of the sound pressure of the measured sound to the sound pressure of a standard sound (20 micropascals) abbreviated dB. The abbreviation dB(A) shall refer to readings taken on the A-weighted scale.
- DOMESTIC POWER EQUIPMENT
- But not limited to, power saws, drills, grinders, lawn and garden tools and other domestic power equipment intended for use in residential areas by a homeowner.
- EMERGENCY
- Any occurrence or set of circumstances involving actual or imminent physical trauma of property damage which demands immediate action.
- EMERGENCY VEHICLE
- Any motor vehicle authorized to have sound warning devices such as sirens and bells which can lawfully be used when responding to an emergency.
- EMERGENCY WORK
- Work made necessary to restore property to a safe condition following an emergency, or work required to protect persons or property from exposure to imminent danger.
- MOTOR VEHICLE
- Any vehicle which is propelled or drawn on land by a motor, such as, but not limited to, passenger cars, trucks, truck-trailers, semi-trailers, campers, go-carts, snowmobiles, amphibious craft on land, dune buggies, motorcycles, ATVs or racing vehicles, trail bikes or mini-bikes.
- MUFFLER
- A device for abating sounds such as the exhaust of an internal
combustion engine.[Amended 7-14-2009 by L.L. No. 4-2009]
- NIGHTTIME HOURS
- The hours between 10:00 p.m. and 7:00 a.m., Sunday evening
through Friday morning, except that "night" shall mean the hours between
10:00 p.m. and 9:00 a.m. Friday evening through Sunday morning.[Amended 7-14-2009 by L.L. No. 4-2009]
- NOISE CONTROL OFFICER(S)
- A municipal employee proficient in the use of sound level meters, the Code Enforcement Officer, Town Constable, or other police officer.
- PERSON
- Any individual, firm, partnership, association, syndicate, company, trust, corporation, municipality, agency or political or administrative subdivision of the state or other legal entity of any kind.
- PREMISES
- Any building, structure, land or portion thereof, including all appurtenances, and shall include yards, lots, courts, inner yards and real properties without buildings or improvements, owned or controlled by a person.
- PROPERTY LINE
- That real or imaginary line along the ground surface and its vertical extension which (a) separates real property owned or controlled by any person from contiguous real property owned or controlled by another person, and (b) separates real property from public right-of-way.
- SOUND LEVEL METER
- An instrument for the measurement of sound levels conforming to ANSI Type I and II standards.
C.
General prohibition. Noise shall not exceed 70 decibel dB(A) scale
of standard sound level meter in intensity as measured at the boundary
of the lot during the daytime hours and shall not exceed 60 decibels
during the nighttime hours.
[Amended 7-14-2009 by L.L. No. 4-2009]
D.
Prohibited noise. The following acts, among others, are declared
to be loud, disturbing and unnecessary noises in violation of this
chapter, but said enumeration shall not be deemed to be exclusive,
namely:
(1)
Any noise created with the intent to annoy, harass, disturb, or otherwise
provoke adjoining property owners and others.
(2)
The operation of any audio devices or use of any musical instrument
in such a manner or with such volume as to annoy or disturb the quiet,
comfort, or repose of persons in any dwelling, campground, hotel or
other type of residence.
(3)
The keeping of any animal or bird which shall disturb the comfort
of repose of any person in the vicinity by causing repetitive noise
in excess of 30 minutes.
(4)
The use of any automobile, motorcycle, trail bike, ATV, mini-bike,
snowmobile or other vehicle so loaded or in such a manner as to create
loud and unnecessary grating, grinding, rattling or other noise.
[Amended 7-14-2009 by L.L. No. 4-2009]
(5)
The blowing of any whistle except to give notice of time to begin
or stop work or as a warning of danger.
(6)
The discharge into the open air of the exhaust of any steam engine,
stationary internal combustion engine, or motor vehicle engine, except
through a muffle or other device which will effectively prevent loud
or explosive noises therefrom.
E.
Permitted noise. The following uses, activities and sounds shall
not be deemed to be a violation of this chapter:
(1)
Sounds created by church bells or chimes.
(2)
Sounds created by any government agency by the use of public warning
devices or in the discharge of their government function.
(3)
Sounds created by lawn mowers and domestic power equipment between
the hours of 7:00 a.m. and 10:00 p.m., prevailing time, weekdays and
9:00 a.m. and 10:00 p.m., prevailing time, weekends.
(4)
Sounds created by public utilities in carrying out operation of their
franchises.
(5)
Sounds connected with sporting events of any public or private school.
(6)
Sounds on private property which do not carry beyond the boundary
lines of the property on which they are created.
(7)
Noises not directly under the control of the property users.
(8)
Noises emanating from construction and maintenance activities between
7:00 a.m. and 10:00 p.m.
(9)
The noises of safety signals, warning devices, emergency pressure
relief valves or other emergency warning signals.
(10)
Transient noises of moving sources, such as automobiles, trucks,
airplanes and railroads.
(11)
Sounds associated with holiday parades and festivals.
A.
The lawful use of any building, structure or land existing at the
time of the enactment of this Zoning Law may be continued although
such building, structure, land or use does not conform with the provisions
of this Zoning Law.
B.
Any and all modifications, additions and/or enlargements of a nonconforming
building, structure, or land shall not require an area variance nor
Site-Plan review prior to the issuance of a building permit by the
Code Enforcement Officer providing the proposed new modification,
addition and/or enlargement complies with bulk regulations set forth
herein.
C.
A nonconforming building, structure or use shall not be re-established
if it has been discontinued for any reason for a period of two years
or more or has been changed to or replaced by a conforming building,
structure or use. The mere intent to resume nonconforming building,
structure or use shall not confer the right to do so from the date
of adoption of this Zoning Law.
D.
A nonconforming building, structure or use damaged 50% or less of
its monetary value by fire, windstorm or other natural disaster may
be rebuilt in compliance with State Building Codes; however, its use
may not be greater than its previous use.
E.
A nonconforming building, structure or use damaged in excess of 50% as in Subsection D above, prior to being rebuilt, shall be subject to compliance with the State Building Codes and § 190-7D(2) of this chapter prior to the issuance of a building permit by the Code Enforcement Officer.
[Amended 7-11-2006 by L.L. No. 7-2006]
F.
Any and all signs or other attention-getting devices shall be removed
after the one-year cessation of any nonconforming building, structure,
land or use.
A.
General requirements.
(1)
No building, structure, addition or part thereof in any district
shall be erected, constructed, reconstructed, restored or structurally
altered without first having obtained a duly issued building permit,
upon written application by applicant to the Code Enforcement Officer.
No building permit shall be issued unless the proposed construction
and use are in full conformity with all of the following provisions
of this Zoning Law and a road access permit is obtained if entry to
a public road is involved.
(2)
Any change in the nature of use or intensification of use of an existing
building and/or any change in use or intensification of use of a nonconforming
use shall also require a building permit.
(3)
Any building, structure or portion thereof that is to be taken down,
removed, relocated or demolished shall not be taken down, removed,
relocated or demolished without applicant first filing for and obtaining
the appropriate permit from the Code Enforcement Officer.
(4)
No building permit or other type of permit shall be issued by the
Code Enforcement Officer if there are any violations of any code,
law or regulation against the subject premises, except if the building
permit to be issued is to correct the violation in question.
B.
Additional requirements for building permits; certificates of compliance;
certificates of occupancy.
[Amended 11-26-2008 by L.L. No. 2-2008]
(1)
Structures that require a certificate of compliance. Every application
for a building permit shall be accompanied by the required fee as
established by the Town Board. Also required is a plot plan or survey
prepared by a licensed land surveyor, architectural drawings drawn
to scale, and a complete set of specifications.
(2)
Structures that require a certificate of occupancy. In addition to the requirements of Subsection B(1) above, plans must be signed and stamped by a licensed New York State engineer or architect. A New York State Energy Code document is not required.
(3)
Towers and windmills. In addition to the requirements of Subsection B(1) above, plans must be signed and stamped by a licensed New York State engineer or architect. A New York State Energy Code document is not required.
(4)
A survey or plot plan drawn to scale is also required for second-story
additions even if there is no change in the first-story footprint
of the building or structure. All surveys or plot plans shall include
the following:
(a)
The actual shape, dimension, radii, angles and area of the lot
on which the building, structure or addition is proposed to be erected
or of the lot on which it is situated if an existing building or structure.
(b)
The section, block and lot numbers as they appear on the latest
assessment records.
(c)
The exact size and location on the lot of the proposed building,
structure or addition and/or the alteration or renovation of an existing
building or structure on the same lot.
(d)
The dimensions of all yards and set back lines in relation to
the subject building, structure or addition and the distance between
same and any other existing buildings or structures on the same lot.
(e)
The existing and intended use of all buildings and/or structures
existing and proposed, the use of land and the number of dwelling
units, if any, the building or structure is designed to lawfully accommodate.
C.
[1]No building permit shall be issued by the Code Enforcement
Officer for any building or structure, new or existing, where the
site plan of such building, structure or addition is subject to approval
of the Planning Board, except in full conformity with the approved
plans and written conditions set forth by the Board, if any.
D.
[2]Four copies of the building permit application and all
supporting documentation, including the construction plans, survey,
plot plan and site plan are to be filed with the Code Enforcement
Officer. On issuance of a building permit, the Code Enforcement Officer
shall:
(1)
Return one copy of all filed and approved documents to the applicant/owner
within 72 hours of issuance.
(2)
Forward one copy of all filed and approved documents to the Tax Assessor's
office within 72 hours of issuance.
(3)
Forward one copy of all filed and approved documents to the Town
Clerk's office within 24 hours of issuance.
(4)
Open and maintain a building permit file/folder in the Code Enforcement
Officer's office, filing same under the Sullivan County Tax Map
number, placing the final copy of all filed and approved documents
along with all his notes and any other pertinent data and paperwork
therein.
(5)
Any further amendments, interpretations, decisions or changes, in addition to the originally submitted and approved (or disapproved) documents, including but not limited to the constructions plans, survey or plot plan and site plan shall also be submitted in four copies and shall be distributed in the same manner as specified in Subsection D(1), (2), (3), and (4), above, of this section.
(6)
The "appeal" time of any determination, interpretation or other administrative act or decision made by the Code Enforcement Officer shall not commence, or start, unless or until said determination, interpretation or other administrative act or decision has been duly filed with the Town Clerk, in writing, as specified in Subsection D(3), above, of this section.
E.
The Code Enforcement Officer shall, within 10 days after the filing
of a complete and properly prepared application, including Planning
Board, Zoning Board of Appeals and/or any other governmental agency
approval it necessary, issue a building permit. If said building permit
is denied, the Code Enforcement Officer shall state in writing to
the applicant the reason(s) for such denial. A copy of said denial
shall also be forwarded to all parties as defined in this section.
F.
Every building permit shall expire if the work authorized has not
commenced within 12 months after the date of issuance or has not been
completed and a final certificate of occupancy issued within 18 months
from such date. Said building permit then becomes null and void, and
no further work is to be undertaken unless or until a new building
permit is issued and the appropriate fee, which shall be half of the
original fee, is paid. Such renewal shall be for an additional 18
months. If the building has not been completed and a final certificate
of occupancy issued after this first renewal period, then any subsequent
renewal will require payment of another permit fee, which shall be
according to the fee schedule then in force, and a new application
for a building permit must be filed, updated to comply with all building
codes then in effect.
[Amended 11-26-2008 by L.L. No. 2-2008]
G.
On small lots, where a required yard setback is not readily apparent,
upon completion of the foundation of a new building or addition to
an existing building, applicant shall file with the Code Enforcement
Officer an accurate survey signed by a licensed engineer or land surveyor.
Said survey is to show the exact location of such foundation with
all yard setbacks indicated to scale. If said survey indicates any
setback violations, the Code Enforcement Officer is to stop the job
and take immediate steps advising applicant/owner to correct said
violation or to apply to the appropriate Board for relief of same.
No further work is to be allowed unless or until all violations have
been removed or the appropriate relief is granted.
H.
The Town hereby adopts the Expedited Solar Permit Process for Small-Scale
Solar Electric Systems outlined in the Requirements for Application
Submittal - Step 1, Eligibility Checklist - Step 2, and Application
- Step 3, as attached hereto and incorporated herein by reference.[3]
[Added 10-13-2016 by L.L.
No. 3-2016]
[3]
Editor’s Note: The Requirements for Application Submittal
– Step 1, Eligibility Checklist – Step 2, and Application
– Step 3 are on file in the Town offices.
A.
The following shall be unlawful until a certificate of occupancy
and/or other appropriate required certificates shall have been applied
for in writing and issued by the Code Enforcement Officer.
(1)
Occupancy and use of a building, structure, or addition to same that
is erected, constructed, reconstructed, restored, structurally altered,
moved or relocated.
(2)
Any change in use or intensification of use of an existing building
or use.
(3)
Any change in use or intensification of use of a nonconforming building
or use.
B.
On a form furnished by the Code Enforcement Officer, application
for a certificate of occupancy for a new building or for an existing
building which has been altered shall be made after the erection of
such building, structure or part thereof has been completed in conformity
with the provisions of this Zoning Law and all other applicable codes,
laws or regulations in effect at that time.
[Amended 7-11-2006 by L.L. No. 7-2006; 7-14-2009 by L.L. No.
4-2009]
(2)
In the case of an addition to an existing building, said application
shall be accompanied by a final survey signed by a licensed engineer
or land surveyor, indicating that there are not violations of the
Bulk Regulations, or, if no such survey is available, it shall be
accompanied by a final plot plan drawn to scale by the applicant,
signed and duly notarized that there are not violations of the Bulk
Regulations. However, in the event only a plot plan is submitted,
the Code Enforcement Officer shall verify and sign that he also has
personally checked or measured and finds no apparent violations of
the Bulk Regulations.
(3)
In the case of work that includes electrical wiring, the final electrical
inspection by an electrician licensed in the County of Sullivan and
certified in the categories of "General," "One- and Two-Family Dwellings"
and "Plan Review" must be on file.
(4)
In the case of a well, a copy of the NYSDEC water well log and a
copy of the water test must be on file.
(5)
In the case of a septic system, a letter from an engineer saying
it was built to specifications must be on file.
(6)
In the case of a new home, the official 911 number must be posted
and all required paperwork must be on file prior to granting a certificate
of occupancy.
C.
Said certificate of occupancy shall be issued by the Code Enforcement
Officer within 10 days of all requirements having been met and distributed
as indicated herein. If the certificate of occupancy is denied, the
Code Enforcement Officer shall state the specific reasons for his
denial, in writing, quoting the section of this Zoning Law which prevents
the issuance of said certificate, and is to distribute this denial
as indicated herein.
D.
Every application for a certificate of occupancy or other required
certificates shall be accompanied by a fee, if any, as established
by the Town Board. No "temporary" or "conditional" certificate of
occupancy are to be issued by the Code Enforcement Officer without
authorization of the Town Board.
E.
A record of all certificates of occupancy and/or any other required
certificates shall be kept on file by the Code Enforcement Officer
and copies shall be furnished on request to any Town Official.
F.
Any person having a proprietary or tenant interest in any building,
structure, land or use may obtain a "duplicate copy" of the original
certificate of occupancy or any other required certificates issued
on any land by paying the appropriate fee, if any, as set by the Town
Board.
G.
Letter in lieu of a certificate of occupancy. Upon written application
by the owner and payment of the appropriate fee, if any, as set by
the Town Board, the Code Enforcement Officer shall inspect all buildings
and structures on the premises to determine that they are built prior
to Zoning — April 15, 1985.
(1)
If all of the buildings and structures were, in the judgment of the
Code Enforcement Officer, built prior to that date, he may issue a
"Letter in Lieu of a C/O" accordingly.
(2)
If in the judgment of the code Enforcement Officer it appears that
certain buildings, structures or portion thereof were built after
that date, said "letter in lieu of a C/O" shall not be issued unless
or until the appropriate building permit and certificate of occupancies
are issued for that, or those, buildings, structures or portions thereof.
All codes, laws and regulations in effect at this time shall be complied
with.
(3)
A separate "letter in lieu of a C/O" shall be required for each and
every building or structure on the premises.
(4)
Any "letter in lieu of a C/O" issued shall be distributed as provided
herein.
(5)
No final certificates shall be issued by the Code Enforcement Officer
where there are any outstanding violations of any code, law or regulation
against said premises.
A.
The Code Enforcement Officer shall be appointed by the Town Board
at its organizational meeting each year and shall have the authority
necessary to carry out the duties of that office, as follows:
(1)
To strictly administer and enforce the provisions of § 190-31 of this chapter, as written, including any future amendments thereto.
[Amended 7-11-2006 by L.L. No. 7-2006]
(2)
To make inspections of buildings, uses or premises; to issue violation
notices when appropriate; to issue the appropriate stop-work orders
when appropriate; to investigate any and all complaints, and to issue
building permits, certificates of occupancy and any or all other appropriate
certificates when necessary to do so, including but not limited to
well permits and final certificates, septic permits and final certificates,
sign permits and any other permits and/or certificates that are authorized
by this chapter.
(3)
To issue appearance tickets/summonses.
(4)
To file criminal information with all necessary backup required.
(5)
To commence actions in a court of competent jurisdiction for injunctive
or other relief as is appropriate in any given case.
(6)
The Code Enforcement Officer or his duly authorized assistant shall
have the right to enter any building or enter upon any land for which
a building permit is in effect at any reasonable hour as necessary
in the execution of their duties, provided that:
(a)
The Code Enforcement Officer shall notify the owner before conducting
any inspection, whenever possible.
(b)
The Code Enforcement Officer or his duly authorized assistant
shall, upon commencing an inspection, display identification signed
by the Town Clerk.
(c)
Inspection should be commenced in the presence of or by permission
of the owner or his duly authorized representative.
(7)
The Code Enforcement Officer shall maintain daily files of:
(a)
All applications for building permits.
(b)
All building permits whether issued or not.
(c)
All construction plans or sketches that were submitted with
each application.
(d)
All applications that were submitted for a final certificate
of occupancy or other certificates.
(e)
All certificates of occupancy or other certificates.
(f)
All daily administrative acts, orders, requirements, decisions,
determinations, interpretations, denials or appeal in any given case.
(g)
All written correspondence whether incoming or outgoing, inter-
or intraoffice memorandum, and/or all other pertinent documents involving
an administrative act, order, requirement, decision, determination,
interpretation, denial or appeal in any given case.
(8)
The Code Enforcement Officer shall also maintain daily records of
each and every complaint of a violation of the provisions of this
chapter or any other code, law or regulation that he is charged with
administering and enforcing, along with the action taken by him as
a result of receiving such a complaint.
(9)
The Code Enforcement Office shall submit to the Town Board a written
monthly report of all building permits and certificates of occupancy
or all other certificates issued by him as well as a detailed report
of what action was taken by him as a result of such complaints, and
its current status.
(a)
Friday of each week, post a listing of any and all building
permits or other permits issued for that week; any and all certificates
of occupancy or other certificates issued for that week; any and all
nonconforming letters issued for that week; any and all searches filed
for and/or conducted for that week. Each individual entry shall include
date of issue, identification number of said permit, certificate or
search and the fee collected. This weekly listing is to be added to
on a weekly basis and is to remain posted on the Eldred Town Hall
Bulletin Board.
(b)
All fees or other monies collected by the Code Enforcement Officer
shall be promptly turned over to the Town Clerk.
(c)
The Code Enforcement Officer shall turn in his mileage vouchers
to the Town Clerk on a weekly basis.
(d)
The Code Enforcement Officer shall fill out an inspection slip
for each daily inspection made by him, at the site of the inspection,
on triplicate inspection forms. One copy is for the building permit
file; the second copy is to be handed to the owner or his representative
while on the site, or, posted on the site; the third copy is to be
turned in to the Town Clerk at the end of each week with the weekly
mileage vouchers.
(10)
The Code Enforcement Officer or his duly authorized assistant
shall appear at all public hearings in which variances are heard as
a result of his denial of a building permit, also when he is otherwise
requested to do so by the zoning Board of Appeals, Planning Board
and/or the Town Board.
(11)
On a day-to-day basis, if the Code Enforcement Officer has any
questions as to how he should proceed in any particular situation,
he shall, in the absence of the Town Attorney or the Town Supervisor,
contact the Chairman of the Town's Building Committee.
A.
Violation of any provision or requirement of this chapter or violation
of any statement, plan, application, permit, or certificate approved
under the provisions of this chapter shall be considered an offense
punishable by a fine of not more than $1,000 or imprisonment for not
more than one year for each offense, or both.
B.
The owner, general agent, or contractor of a building, premises,
or part thereof where such violation has been committed or does exist
shall be guilty of such an offense.
C.
An agent, contractor, architect, builder, corporation, or other person
who commits, takes part, or assists in such a violation shall also
be guilty of such an offense.
D.
Each and every day that such violation continues after notification
that such a violation exists shall constitute a separate offense.
Such notice shall be written by the code Enforcement Officer and shall
be served by certified mail.
E.
The imposition of penalties herein prescribed shall not preclude
the Town or any person from instituting appropriate legal action or
proceeding to prevent unlawful construction, reconstruction, alteration,
repair, conversion, maintenance or use, or to restrain, correct or
abate a violation or to prevent the illegal occupancy of a building,
land or premises.
A.
Establishment. Pursuant to the provisions of the Town Law, a Zoning
Board of Appeals is herby established in the Town of Highland.
B.
Appointment. The Board shall consist of five members to be appointed
by the Town Board. Their successors, including such additional members
as may be appointed by the Town Board, shall be appointed for the
term of five years after the expiration of the terms of their predecessors
in office.
C.
Appointment to fill vacancies. Appointments to fill vacancies shall
be for the unexpired term of the members whose term or terms become
vacant. Such appointment to fill vacancies shall be made in the same
manner as the original appointment. The Zoning Board of Appeals may
continue to legally operate while vacancies are waiting to be filled
provided there are enough members to constitute a quorum.
D.
General grant of power. The Board shall perform all the duties and
have all the powers prescribed by the laws of the State of New York
and as herein described.
E.
Votes necessary for a decision. Three members of the Board shall,
regardless of the number of members at a given point, be a quorum
for the purposes of conducting any business. The concurring vote of
three of the members of the Board shall be necessary to reverse any
order, requirement, decision or determination of the Code Enforcement
Officer or to decide in favor of the appellant any matter upon which
it is required to pass under the terms of this chapter or to effect
any variation of this chapter.
[Amended 7-14-2009 by L.L. No. 4-2009]
F.
Any member of this Board who misses three meetings in a row without
having been excused by the Chairman is automatically dropped as a
member of this Board.
G.
Any member of this Board who has not obtained the mandatory four
hours of classes offered and recommended by the DPEM in the calendar
year shall automatically be dropped as a member of this Board. However,
if any member of the Board attends a class, while not recommended
by the DPEM, which is approved by the Supervisor, that class shall
be counted toward the four hours of classes. This training requirement
is set by the New York State Department of State, in Chapter 662 of
the Laws of 2006.
[Added 7-14-2009 by L.L. No. 4-2009]
The Board shall hear and decide appeals pursuant to the provisions
of the laws of the State of New York and shall have the following
specific powers in regard to:
A.
Applications for variances. The Board may upon request vary or adapt
the strict application of any of the requirements of this chapter
where such strict application would result in particular difficulties
or unnecessary hardship that would deprive the owner of the reasonable
use of the land or building involved.
B.
Applications for interpretations. The Board shall, upon request,
decide any questions involving the interpretation of any provision
of this chapter, including determination of the exact location of
any district boundary if there is uncertainty with respect thereto.
[Amended by L.L. No. 4-2009]
C.
Appeals from administrative decisions. The Board shall hear and decide
appeals from and review any order, requirement, decision, or determination
made by the Code Enforcement Officer in administering this chapter.
It shall also hear and decide all matters referred to it or upon which
it is required to pass under the provisions of this chapter.
A.
General procedures. All applications for variances or interpretations,
or appeals from administrative decisions made to the Board shall be
in writing on forms prescribed by the Board or provided herein. Every
application for a variance and/or interpretation and/or appeal, shall
refer by section number to the specific provisions of the law involved,
and shall exactly set fourth the variance, interpretation or appeal
that is claimed, the present use and the use sought, the ground on
which the Board should made a decision and any other pertinent detail,
together with the fee prescribed by the Town Board. An appeal must
be made 62 days of the action of the administrative official appealed
from. The applicant must file a signed notice of appeal with the administrative
official from whom the appeal is taken and with the secretary of the
Zoning Board of Appeals. All information required thereon shall be
complete before an appeal is considered filed. Six copies of the proper
appeal form shall be filed with the Board along with a fee to be established
by the Town Board.
B.
Variance requirement. Any property owner, tenant or representative
thereof may, in appealing an administrative decision of the Town of
Highland with respect to this chapter request a variance from its
literal terms. Application for a variance may be made concurrently
with application for a building permit and shall be delivered to the
Code Enforcement Officer who shall then, on acting upon the permit
application, refer the matter to the Zoning Board of Appeals for a
decision on the variance request. This shall not, however, preclude
an applicant whose permit request has been denied from subsequently
requesting a variance in conjunction with an appeal of such action
if the appeal has been timely filed. The needs or desires of a particular
owner or tenant or of a particular prospective owner or tenant shall
not either alone or in conjunction with other factors, afford any
basis for the granting of a variance. The fact that the improvements
already existing at the time of the application are old. obsolete,
outmoded or in disrepair or the fact that the property is unimproved
shall not be deemed to make the plight of the property unique or to
contribute thereto. Should any appeal involve a change in the boundaries
of any district, which change would occur within a distance of 500
feet of the boundary of any other Town or any boundary of a State
park or parkway, a copy of the official notice of the public hearing
shall be sent to the Town Clerk or the Commissioner of the Regional
State Park Commission. Two types of variances may be granted by the
Zoning Board of Appeals: area variances and use variances. Area variances
involve relief from dimensional or other requirements for existing
uses or uses allowed with the district under the terms of this article.
Use variances involve a use of land or building not allowed in a district
under the terms of this article. Each of the following findings of
fact shall be made by the Zoning Board of Appeals prior to granting
such variances.
(1)
Area variances.
(a)
The strict application of the literal terms of this chapter
would present practical difficulties in the use of the property in
question from allowed uses. The term "practical difficulties" shall
be deemed to exist where:
[1]
The applicant has proved he cannot make a reasonable use of
his land due to its particular size, shape or grade; or
[2]
Applicant has proved that economic injury will result from literal
application of the standards of this Zoning Law and the Town has failed
to show that the public health, safety and welfare will be served
by upholding the application of the standards and denying the variance.
(b)
The applicant has proved the variance, if granted, would be
the minimum necessary to render relief and the difficulty could not
be obviated by some method feasible for the applicant to pursue, other
than a variance.
(c)
The applicant has proved the variance, if granted, will not
change the permitted density for the parcel.
(d)
The applicant has proved the variance, if granted, would not
change the character of the district or be a substantial detriment
to adjoining properties.
(e)
The applicant has proved the variance is not requested for reasons
of mere inconvenience, aesthetic tastes or more profitable use.
(f)
The applicant has proved the variance would be consistent with
the spirit of this chapter and the Town of Highland Master Plan.
(g)
The applicant has proved the practical difficulties are not
self-created. This requirement shall be strictly enforced and practical
difficulties related to properties acquired by the applicant subsequent
to the effective date of this chapter shall be deemed self-created.
(2)
Use variances. The strict application of the literal terms of this
chapter would produce unnecessary hardship to the applicant. Unnecessary
hardship will be deemed to exist where the applicant has proved:
(a)
A reasonable return cannot be realized through permitted uses.
The applicant shall specifically prove, through independent sources
of professional testimony or documentation, that no use permitted
by the Zoning Law applicable to that district would yield a reasonable
return. The evidence must be specific and address the amount paid
for the property, present value, maintenance expenses, taxes, mortgages
and encumbrances, income from the land in question and other facts
relevant to the particular circumstances of the case. Failure to sell
land for a permitted purpose is evidence it will not bring a reasonable
return if used for such purposes if the owner has made an active effort
to sell. Mere financial loss to the individual owner or inability
to achieve the most profitable use of a property shall not be sufficient
justification for a variance.
(b)
The hardship is not self-created.
(c)
The use, if granted, would not alter the essential character
of the district or be a substantial detriment to adjoining properties.
(d)
The variance is not requested for reasons of mere inconvenience
or aesthetic taste.
(e)
The variance would be consistent with the spirit of this chapter
and the Town of Highland Master Plan. No variance shall be granted
which would have the effect of redistricting the area and any use
granted shall be only for the intent of the district in question.[1]
In reviewing a request for a use variance, the Board may consider
the effects of adjacent similar uses, traffic, obsolete improvements,
the existence of unusual natural resources and governmental rulings
unrelated to zoning.
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The burden of proof with a use variance, nonetheless, shall
be wholly with the applicant.
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In all cases where the Zoning Board of Appeals grants a variance
from the strict application of the requirements of this chapter, it
shall be the duty of such Board to attach conditions and safeguards
as may be required in order that the results of its action may as
nearly as possible be in accordance with the spirit and intent of
this chapter.
|
[1]
Editor's Note: Former Subsection B(2)(f), regarding the
consistency of the variance with the Master Plan, which immediately
followed this subsection, was repealed 7-11-2006 by L.L. No. 7-2006.
C.
The Town Board, Code Enforcement Officer or Planning Board of the
Town of Highland may request the Zoning Board of Appeals to decide
any question involving the interpretation of any provision of this
chapter and shall refer such other matters to the Board as it is required
to decide by the provisions of this law. The Board's rules and
regulations shall govern these matters. All matters to be referred
to the Zoning Board of Appeals in such circumstances shall be in writing
to the Board's Secretary and be acted on within 62 days of the
Secretary's receipt of the same. Any property owner, tenant,
representative thereof or other person aggrieved by an administrative
act of the Town of Highland with respect to this chapter (believing
such decision to be in error) may appeal to the Zoning Board of Appeals.
An administrative act shall include any order, requirements, decision
or determination made by the Code Enforcement Officer. The Board may
reverse or affirm wholly or partly, or may modify the order, requirement,
decision or determination as in its opinion ought to be made on the
premises and to that end shall have all the powers of the official(s)
from whom the appeal is taken. The administrative official from whom
the appeal is taken shall be responsible, at the direction of the
Board, for providing any applicant with the proper forms and for instructing
the parties concerned on the proper manner for completing and filing
said forms. All information required thereon shall be complete before
an appeal is considered filed.
D.
Hearings.
(1)
Time of hearing. The Board shall schedule a hearing on appeals on
applications within 62 days of filing an application for an appeal.
(2)
Notice of hearing. The Board shall give notice of the hearing at
least five days prior to the date thereof by publication in the official
Town paper. In addition, the applicant shall notify by certified mail
at least seven calendar days before the hearing to the following:
all owners of property which lie adjacent to that owned by the applicant
and all other owners within 500 feet of the applicant's property
line in any direction. The names of said owner shall be taken as they
appear on the last completed tax roll of the Town.
(a)
Irrelevant or unduly repetitious evidence or cross-examination
shall be excluded. Except as otherwise provided by statute, the burden
of proof shall be on the part who initiated the proceedings. No decision,
determination or order shall be made except upon consideration of
the record as a whole or such portion thereof as may be cited by any
party to the proceeding and as supported by an in accordance with
substantial evidence. Unless other provided by any statute, the Board
need not observe the rules of evidence observed by courts, but shall
give effect to rules or privilege recognized by law. Objections to
evidentiary offers may be made and shall be noted in the record. Subject
to these requirements, the Zoning Board of Appeals may, for the purpose
of expediting the hearing, and when the interests of parties will
not be substantially prejudiced thereby, adopt procedures for the
submission of all or part of the evidence in written form.
[Amended 7-14-2009 by L.L. No. 4-2009]
(b)
All evidence, including records and documents in the possession
of the Zoning Board of Appeals may be offered and made a part of the
record, and all such documentary evidence may be received in the form
of copies of excerpts, or by incorporation by reference. In case of
incorporation by reference, the materials so incorporated may be available
for examination by the parties before being received in evidence.
(c)
A party shall have the right of cross-examination.
(d)
Official notice may be taken of all facts of which judicial
notice could be taken and of other facts within the specialized knowledge
of the Board. When official notice is taken of a material fact not
appearing in the evidence in the record and of which judicial notice
could be taken, every party shall be given notice thereof and shall
on a timely request be afforded an opportunity prior to the decision
to dispute the fact of its materiality.
(3)
Rehearing. A motion for the Zoning Board of Appeals to hold a rehearing
to review any order, decision or determination of the Board not previously
heard may be made by any member of the Board. A unanimous vote of
all members of the Board then present is required for such rehearing
to occur. Such rehearing is subject to the same notice provisions
as an original hearing. Upon such rehearing the Board may reverse,
modify or annul its original order, decision or determination upon
the unanimous vote of all members then present, provided the Board
finds that the rights vested in persons acting in good faith in reliance
upon the heard order, decision or determination will not be prejudiced
thereby. Requests for rehearing, however, shall be made within 30
days of the original order, decision of determination will not be
prejudiced thereby.
(4)
Prior to the date of any public hearing, the Secretary of the Zoning
Board of Appeals shall transmit to the Chairman of the Planning Board,
a copy of any appeal or application, together with a copy of the notice
of such hearing. The Planning Board may submit to the Zoning Board
of Appeals, an advisory opinion on said appeal or application at any
time prior to the rendering of a decision by the Zoning Board of Appeals.
(5)
Should any action by the Zoning Board of Appeals involve any of the
areas specified in §§ 239-l and 239-m of Article 12-B
of the General Municipal Law, then such matter shall be referred prior
to final action by the Zoning Board of Appeals to the Sullivan County
Planning Department in accordance with that law.
[Amended 7-14-2009 by L.L. No. 4-2009]
(6)
Every decision of the Zoning Board of Appeals shall be recorded in
accordance with standard forms adopted by the Board and shall fully
set forth the circumstances of the case and shall contain a full record
of the findings on which the decision is based. Every decision of
the Board shall be by resolution and each such resolution shall be
filed in the office of the Town Clerk by case number under one of
the following heads: (1) Interpretation, or (2) Variances; together
with all documents pertaining thereto. Regarding its decision in each
case, the Zoning Board of Appeals shall notify the Code Enforcement
Officer, Town Board, Town Planning Board, and the Municipal Clerk
of any affected municipality given notice of hearing.
(7)
All the provisions of this chapter relating to the Zoning Board of
Appeals shall be strictly construed. Said Board as a body of jurisdiction
shall act in full conformity with all provisions of law and of this
chapter and in strict compliance with all limitations contained therein.
(8)
Unless construction is commenced and diligently pursued within 12
months of the date of the granting of the variance, such variance
shall become null and void, unless an extension is granted by the
Zoning Board of Appeals in writing.
[Amended 7-14-2009 by L.L. No. 4-2009]
A.
Establishment. Pursuant to the provisions of the Town Law, a Planning
Board is hereby established in the Town of Highland.
B.
Appointment. The Board shall consist of five members to be appointed
by the Town Board. Their successors, including such additional members
as may be appointed by the Town Board, shall be appointed for the
term of five years after the expiration of the terms of their predecessors
in office.
C.
Appointment to fill vacancies. Appointments to fill vacancies shall
be for the unexpired term of the members whose term or terms become
vacant. Such appointment to fill vacancies shall be made in the same
manner as the original appointment. The Planning Board may continue
to legally operate while vacancies are waiting to be filled, provided
there are enough members to constitute a quorum.
D.
General grant of power. The Board shall perform all the duties and
have all the power prescribed by the laws of the State of New York
and as herein described.
E.
Votes necessary for a decision. Three members of the Board shall,
regardless of the number of members at a given point, be a quorum
for the purposes of conducting any business.
F.
Any member of this Board who misses three meetings in a row without
having been excused by the Chairman is automatically dropped as a
member of the Board.
G.
Any member of this Board who has not obtained the mandatory four
hours of classes recommended by the County Planning Board in the calendar
year shall automatically be dropped as a member of this Board. However,
if any member of the Board attends a class, while not recommended
by the County Planning Board, which is approved by the Supervisor,
that class shall be counted toward the four hours of classes.
A.
General provisions. In every case where a special use permit is required
the Planning Board shall issue such permit only after:
(1)
A determination by the Planning Board is made regarding a public
hearing, and if necessary, one is held. A public hearing may be dispensed
with where adequate proof is submitted that the intended use is consistent
with all the standards detailed. If a public hearing is held, it must
be within 62 days after an application is made, on five days' public
notice. The Planning Board must render its decision within 62 days
after the public hearing or 62 days after filing if no public hearing
is held. In the event of a denial, the applicant and Zoning Board
of Appeals shall receive written notice of said denial and of the
supporting reasons.
[Amended 7-14-2009 by L.L. No. 4-2009]
(2)
All State Environmental Quality Review Act (SEQR) requirements have
been fulfilled.
B.
Required plan. Application for a special use permit shall be accompanied
by seven sets of preliminary plans and/or other descriptive matter
to clearly portray intentions of the owner. These documents shall
become a part of the record. Such plans shall show location of all
buildings, parking, traffic access and circulation drives, open spaces,
landscaping, exterior lighting, all existing structures and uses within
200 feet of the site boundaries, and any other information necessary
to determine if the proposed special use meets the requirements of
this chapter.
C.
Expiration. Unless construction is commenced and diligently pursued
within 12 months of the date granting a special use permit, such permit
shall be expired and become null and void.
[Amended 7-14-2009 by L.L. No. 4-2009]
D.
Standards applicable to all special permitted uses. All special permitted
uses require site plan review and a public hearing; however, the public
hearing may be waived at the option of the Planning Board if all the
following standards and conditions have been satisfied:
(1)
Location, use and size of structure, nature and intensity of operations
involved, size of site in relation to it, and location of site with
respect to existing or future street giving access, are such that
it will be in harmony with orderly development of the district.
(2)
Location, nature and height of buildings, walls, fences and signs
shall not discourage the appropriate development and use of adjacent
land and buildings or impair their value.
[Amended 7-14-2009 by L.L. No. 4-2009]
(3)
Operation of any special use shall not be more objectionable to nearby
properties by reason of noise, fumes, vibration, or lighting than
would be the operation of any permitted use.
(4)
Necessary provisions have been made to assure that all surface runoff
to adjacent properties does not exceed levels in existence prior to
construction.
(5)
Solar access of adjacent properties is not obstructed by said use.
(6)
In addition, when making a determination concerning a special use
within a floodplain area, the Planning Board shall consider the following
factors:[1]
(a)
The danger to life and property due to increased flood velocities
caused by encroachments.
(b)
The danger that materials may be swept onto other lands to the
injury of others.
(c)
The susceptibility of the proposed facility and its contents
to flood damages and the effect of the damages on the individual owners.
(d)
The importance of the services provided by the proposed facility
to the community.
(e)
The availability of alternative locations, not subject to flooding
damages, for the proposed use.
(f)
The compatibility of the proposed use with existing and anticipated
development.
(g)
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
(h)
The expected height, velocity, duration, rate of rise and sediment
transport of the flood waters expected at the site.
(i)
The cost of providing governmental services during and after
the flood conditions, including maintenance and repair of public utilities
and facilities such as sewer, electric and water systems, and streets
and bridges.
If said conditions and structures are not met, a public hearing
shall be undertaken in accordance with site plan review procedures.
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No special use permit shall be issued for a use on a property
where there is an existing violation after enactment of this chapter.
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E.
Site plan review and approval.
[Amended 2-9-2016 by L.L.
No. 1-2016]
All principal uses except single-family homes shall require
site plan approval before the issuance of a permit, and no building
development or site work of any sort shall be conducted prior to or
shall be carried out except in conformity with such approval and its
conditions.
| |
The Planning Board, at a public meeting, shall, pursuant to
Town Law § 274-a(1)(a) review and approve, or approve with
conditions or disapprove site plans before a building permit is issued.
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Submission of site plan and supporting data. The owner shall
submit an acceptable site plan (to be rendered by a professional architect,
licensed engineer or licensed surveyor) and supporting date to the
Planning Board a minimum 10 days prior to the monthly meeting. (On
existing buildings or additions the Planning Board may waive the need
for an architect, professional engineer or licensed land surveyor
and any supporting data that they deem not necessary to a particular
application.)
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The following information presented in drawn form and accompanied
by written text shall be included:
|
(1)
Survey of property showing existing features, including contours,
large trees, watercourses, significant natural and man-made features,
buildings, structures, streets, utility easements, rights-of-way,
land use, and property ownership.
(2)
Site plan, drawn to scale, showing proposed lots; blocks; building
locations; utility, access and other easements; streets; rights-of-way;
and land use areas.
(3)
Traffic circulation, parking and loading spaces and other pedestrian
walks.
(4)
Landscaping plans, including site grading, landscaping design, open
space and parks.
(5)
Preliminary architectural drawings for buildings to be constructed,
including floor plans, exterior elevations and sections.
(6)
Preliminary engineering plans, including street improvements, storm
drainage, water supply and sanitary sewer facilities.
(7)
Engineering feasibility study of any anticipated problem which might
arise due to proposed development as may be required by the Planning
Board.
(8)
Construction sequence and time schedule for completion of each phase
for buildings, parking and landscaped areas.
(9)
Description of proposed uses, including hours of operation, and expected
number of employees, volumes of business and volumes of traffic generated.
(10)
New projects may be signed off by emergency services, fire officials
and the constables, at the Planning Board's sole discretion.
F.
Approval or denial. The Planning Board shall review the site plan
and supporting data before approval, approval with stated conditions,
or denial is given, having taken into consideration the following:
[Amended 7-14-2009 by L.L. No. 4-2009]
(1)
Harmonious relationship between proposed uses and existing adjacent
uses.
(2)
Maximum safety of vehicular circulation between the site and street.
(3)
Traffic circulation, parking and loading spaces and other pedestrian
walks.
(4)
Landscaping plans, including site grading, landscaping design, open
space and parks.
(5)
Preliminary architectural drawings for buildings to be constructed,
including floor plans, exterior elevations and sections.
(6)
Preliminary engineering plans, including street improvements, storm
drainage, water supply and sanitary sewer facilities.
(7)
Engineering feasibility study of any anticipated problem which might
arise due to proposed development as may be required by the Planning
Board.
(8)
Construction sequence and time schedule for completion of each phase
for buildings, parking and landscaped areas.
(9)
Description of proposed uses, including hours of operation, and expected
number of employees, volume of business and volume of traffic generated.
(10)
New projects may be signed off by emergency services, fire officials
and the constables, at the Planning Board's sole discretion.
(11)
Adequacy of vehicular circulation as it impacts fire truck and
emergency vehicle access.
(12)
Adequacy of landscaping and setbacks to achieve compatibility
with, and protection of, adjacent uses.
(13)
Factors deemed necessary by the Planning Board for the health,
safety and welfare of the public.
The Planning Board may require changes or additions in relation
to yards, driveways, and landscaping, to ensure safety, to minimize
traffic difficulties, and to safeguard adjacent properties. Should
other changes or additional facilities be required by the Board, final
approval of site plan shall be conditional upon satisfactory compliance
with those changes or additions by the owner.
| |
Any owner wishing to make changes in an approved site plan shall
submit a revised site plan to the Planning Board for review and approval.
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Final determination shall be rendered within 62 days of said
public hearing.
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G.
Effect of site development plan approval. No building permit shall
be issued for any building or structure covered by this section until
an approved site development plan or approved amendment of any such
plan has been secured by the applicant from the Planning Board and
presented to the Code Enforcement Officer.
(1)
No certificate of occupancy shall be issued for any building or structure
or use of land covered by this section unless the building or structure
is completed or the land is developed or used in accordance with an
approved site development plan or approved amendment of any such plan.
(2)
The Planning Board shall have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental
to a proposed site plan. Upon its approval of said site plan, any
such conditions must be met in connection with the issuance of permits
by the Code Enforcement Officer of the Town. Such conditions must
be attached to the certificate of occupancy as maintained in the records
of the office of the Code Enforcement Officer.
H.
Presubmission conference. Prior to the submission of a site development
plan, the applicant shall meet in person with the Planning Board,
the purpose of such conference shall be to discuss proposed uses or
development in order to determine which of the site development plan
elements listed herein as required shall be submitted to the Planning
Board in order for said Board to determine conformity with the provisions
and intent of this chapter.
(1)
Within six months following the pre-submission conference, the site
development plan and any related information shall be submitted by
applicant to the Code Enforcement Officer in triplicate at least 16
days prior to the Planning Board meeting at which approval is requested.
If applicant does not submit same to the Code Enforcement Officer
within this six-month period, another presubmission conference shall
be required.
(2)
The Code Enforcement Officer shall certify on each site development
plan or amendment whether or not the plan meets the requirements of
all provisions, other than those of this section regarding site development
plan approval.
(3)
The Code Enforcement Officer shall retain one copy and transmit two
copies of the certified site development plan to the Chairman of the
Planning Board at least seven days prior to the Planning Board meeting
at which approval is requested.
(4)
The Planning Board shall act to approve, approve with conditions,
disapprove or schedule a site plan hearing within 62 days of submission
of a completed application. Failure to act within 62 days after the
meeting at which approval is requested shall be deemed as approval.
Planning Board disapproval shall include written findings upon any
site development plan element found contrary to the provision or intent
of this chapter. In reviewing the application, the Planning Board
may secure the advice or assistance of one or more expert consultants
as qualified to advise as to whether a proposed use will conform to
the requirements of this chapter. Such consultant shall report whether
or not the use applied for will be operated in conformance with the
performance standards and, if not, what modification in design or
operation would be necessary for conformance. A copy of the report
by such consultants shall be furnished to the Planning Board, Code
Enforcement Officer, and applicant. The cost for all consultants shall
be paid by the developer. Such consultants shall report whether or
not the use applied for meets the criteria established under site
plan approval and, if not, what modification in design or operation
would be necessary for conformance.
[Amended 7-14-2009 by L.L. No. 4-2009]
(5)
Amendment to a site development plan shall be acted upon in the same
manner as the approval of the original plan.
I.
Site development plan elements. The applicant shall cause a site
development plan to be prepared by a licensed engineer or land surveyor,
unless the requirement of such professional preparation is waived
by the Planning Board. Site development plan elements shall include
those listed below which are appropriate to the proposed development
or use as indicated by the Planning Board in the presubmission conference.
(1)
Legal data.
(a)
Section, block and lot number of the property taken from the
latest assessment records.
(b)
Name and address of the owner of record.
(c)
Name and address of person, firm, or organization preparing
the map.
(d)
Date, North point, and written and graphic scale.
(e)
Sufficient description or information to define precisely the
boundaries of the property. All distances shall be in feet and tenths
of a foot. All angles shall be given to the nearest 10 seconds or
closer. The error of closure shall not exceed one in 10,000.
(f)
The locations and owners of all adjoining lands as shown on
the latest tax records.
(g)
The locations, names, and existing widths of adjacent streets
and curblines.
(h)
Location, width, and purpose of all existing and proposed easements,
setbacks, reservations, and areas dedicated to public use within or
adjoining the property.
(i)
A complete outline of existing deed restrictions or covenants
applying to the property.
(j)
Existing zoning.
(2)
Natural features.
(a)
Existing contours with intervals of five feet or less, referred
to a datum satisfactory to the Board.
(b)
Approximate boundaries of any areas subject to flooding or stormwater
overflows.
(c)
Location of existing watercourses, marshes, wooded areas, rock
outcrops, isolated trees with a diameter of eight inches or more measured
three feet above the base of the trunk, and other significant existing
features.
(3)
Existing structures and utilities.
(a)
Location of uses and outlines of structures drawn to scale on
and within 100 feet of the lot line.
(b)
Paved areas, sidewalks, and vehicular access between the site
and abutting streets.
(c)
Locations, dimensions, grades and flow direction of existing
culverts, water lines as well as other underground and aboveground
utilities within and adjacent to the property.
(d)
Other existing development, including fences, landscaping, and
screening.
(4)
Proposed development.
(a)
The location of proposed buildings or structural improvements.
(b)
The location and design of all uses not requiring buildings
or structures, such as off-street parking and loading areas.
(c)
The location, direction, power and time of use for any proposed
outdoor lighting or public address system.
(d)
The location and plans for any outdoor signs.
(e)
The location and arrangement of proposed means of access and
egress, including sidewalks, driveways, or other paved areas. Profiles
indicating grading and cross-sections showing width of roadway, location
and width of sidewalks, and location and size of water and sewer lines.
(f)
Any proposed grading, screening and other landscaping, including
types and location of proposed street trees.
(g)
The location of all water lines, valves and hydrants and of
all sewer lines or alternative means of water supply and sewage disposal
and treatment.
(h)
An outline of any proposed deed restrictions or covenants.
(i)
Any contemplated public improvements on or adjoining the property.
(j)
If the site development plan only indicates a first stage, a
supplementary plan shall indicate ultimate development.
(5)
Any other information deemed by the Planning Board necessary to determine
conformity of the site plan with the intent and regulations of this
chapter.
J.
Notice of hearing — zoning appeals.
(1)
The Board shall give notice of the hearing at least five days prior
to the date thereof by publication in the official Town newspaper.
In addition, the applicant shall notify by certified mail at least
seven calendar days before the hearing to the following: All owners
of property which lie adjacent to that owned by the applicant and
all other owners within 500 feet of the applicant's property
line in any direction. The names of said owners shall be taken as
they appear on the last complete tax roll of the Town.
(2)
The Planning Board shall hold a public hearing within 62 days after
receipt of a complete application. Within 62 days after the public
hearing, the Board must render a decision. Failure to act within 62
days after the public hearing shall be deemed approval. In reviewing
the application, the Planning Board may secure the advice or assistance
of one or more lawyers, planners, engineers, or other expert consultants
qualified to advise as to whether a proposed use will conform to the
requirements of this chapter. The cost for all consultants shall be
borne by the applicant. The consultants shall report whether or not
the use applied for meets the criteria established under site plan
approval and, if not, what modifications in design or operation would
be necessary for conformance.
[Amended 7-14-2009 by L.L. No. 4-2009]
A.
This chapter or any part thereof, may be amended, supplemented, or
repealed from time to time by the Town Board on its own motion or
upon recommendation by the Planning Board. Prior to public hearing,
every such proposed amendment shall be referred by the Town Board
to the Planning Board for a report. The Town Board shall not take
action on any such amendment without such report from the Planning
Board unless the Planning Board fails for any reason to render such
report within 62 days after its next regularly scheduled meeting following
the date of such referral.
B.
Report of the Planning Board. In making such report on a proposed
amendment, the Planning Board shall make inquiry and determination
concerning the items specified below:
(1)
Concerning a proposed amendment to or change in text of this chapter:
(a)
Whether such change is consistent with the aims and principles
embodied in the Laws as to the particular districts concerned.
(b)
Which areas, land uses, buildings, and establishments in the
Town will directly be affected by such change and in what way they
will be affected.
(c)
The indirect implications of such change in its effect on other
regulations.
(2)
Concerning a proposed amendment involving a change in the Zoning Map:
(a)
Whether the uses are permitted by the proposed Article 16 of
the Town Law.
(b)
Whether adequate public school facilities and other public services
exist or can be created to serve the needs of any additional residences
likely to be constructed as a result of such change.
(c)
Whether the proposed change is in accord with any existing or
proposed plans in the Town.
(d)
The effect of the proposed amendment upon the growth of the
Town.
(e)
Whether the proposed amendment is likely to result in an increase
or decrease in the total zoned residential capacity of the Town and
the probable effect thereof.
C.
Should any proposed amendment consist of or include any change in
the boundaries of any district, which change would occur within a
distance of 500 feet of the boundary of any Town, county or state
park or parkway, the Town Clerk shall transmit to the designated office
or official a copy of the official notice of the public hearing not
later than 10 days prior to the date of the hearing. The designated
official for the county shall be the Clerk of the County Legislature.
In villages and towns, the designated official shall be the clerk
of the municipality. The designated official for state parks and parkways
is the Regional State Park Commissioner.
[Amended 7-14-2009 by L.L. No. 4-2009]
D.
Should any proposed amendment consist of or include any of the following
conditions, the Town Clerk shall, prior to final action, refer the
proposed amendment to the Sullivan County Planning Department in accordance
with §§ 239-l and 239-m of Article 12-B of the General
Municipal Law.
(1)
Any change in the district classification of or the regulations applying
to real property lying within a distance of 500 feet from:
(a)
The boundary of any village or Town.
(b)
The boundary of any existing or proposed county or state park
or other recreational areas.
(c)
The right-of-way of any existing or proposed county or state
parkway, thruway, expressway, road or highway.
(d)
The right-of-way of any existing or proposed stream or drainage
channel owned by the county or for which the county has established
channel lines.
(e)
The boundary of any existing or proposed county- or state-owned
land on which a public building or institution is situated.
E.
In the case of protest against any amendment, such amendment shall
not become effective except in accordance with the provisions of the
Town Law.
In their interpretation and application, the provisions of this
chapter shall be held to be the minimum requirements adopted for the
promotion of the public health, safety, comfort, convenience and general
welfare. Except where specifically provided to the contrary, it is
not intended by this chapter to repeal, abrogate, annul or in any
way to impair or interfere with any rules, regulations or permits
previously adopted or issued pursuant to law relating to the use or
building structures, shelter or premises; nor is it intended by this
chapter to interfere with or abrogate or annul any easements, covenants,
or other agreements between parties; provided, however, that where
this chapter imposes a greater restriction upon the use of a building
or premises, or requires larger open spaces that are imposed or required
by any other statue, ordinance, law, rule, regulation or permit, or
by any easement or agreement, the provisions of this shall control.
The enforcement of this Zoning Law shall be the responsibility
of the Code Enforcement Officer, the Town Constables, where applicable,
the Town Board, and the court or courts of appropriate jurisdiction,
including the Court of the Town Justice.