A.
Home occupation.
Every home occupation shall be subject to the following conditions:
[Amended 4-9-2007 by L.L. No. 3-2007; 5-14-2012 by L.L. No.
2-2012; 11-6-2014 by L.L. No. 1-2014]
(1)
Customary
home occupations. The Town may regulate the siting of home occupations
to promote the health, safety, and general welfare of the community.
The purpose of this subsection is to provide an opportunity in Kinderhook
to establish home occupations, in accordance with the character of
the district, that conserve the value or buildings and the rural character
of the Town and encourage appropriate land use and do not change the
residential character of the residence or neighborhood in which they
are located.
(b)
Extent of use. The home occupation shall not utilize more than 25%
of the gross floor area of a residential dwelling unit or 1,500 square
feet of an accessory residential structure. Not more than one home
occupation use shall be permitted on a parcel.
(c)
Residency and number of employees. In addition to the home occupant,
no more than two employees or assistants may be engaged on the premises
at any given time. The person primarily conducting the home occupation
shall reside as a permanent resident on the premises.
(d)
Permitted home occupations. The Planning Board in considering site
plan approval for a home occupation shall determine that the applicant
has established by clear and convincing evidence that the impact of
the proposed home occupation to the residential area is acceptable,
in the sense that, although there is the possibility of generating
some impact, the overall use or the lot will not have an adverse impact
on the present character of the neighborhood. In addition, the granting
of site plan approval for a home occupation is subject to the following
requirements and provisions. The applicant must establish compliance
with these requirements and provisions by clear and convincing evidence:
[1]
Exterior alteration. The structure shall be residential in design.
There shall be no exterior display or other exterior evidence of any
home occupation except for signs and off-street parking.
[2]
Environmental impacts. No home occupation shall produce any odor,
noise, vibration, smoke, dust, heat, or glare that exceeds the average
level in the immediate vicinity and is detectable beyond the property
line of the parcel.
[3]
Traffic. No traffic shall be generated by such home occupation in
greater volumes than would normally be expected in the neighborhood.
In determining traffic conditions, the Planning Board shall consider
both the character or the road on which the use is located, the volume
of traffic typically generated by the proposed home occupation and
the volume of traffic that would otherwise be generated by a typical
residential use. The parking requirements of § 250.20A(5)(c)
shall be followed.
[4]
Exterior signs or displays other than those permitted under § 250-23 and exterior indication of the home occupation or variation from the residential character of the principal structure are not permitted.
[5]
Not more than one commercially registered vehicle shall be permitted
in connection with any home occupation, and it shall be stored in
an enclosed garage.
[6]
There shall be sufficient off-street parking for vehicles of all
employees, transporters, customers and other persons involved with
the home occupation. Whenever practical, and with consideration of
the quantity and frequency of expected traffic, parking spaces shall
be located so as to be screened from the public roadway by structures.
fencing, landscaping or other acceptable screening. Front yard parking
may be prohibited, if such would not be in keeping with the aesthetics
and characteristics of the neighborhood.
[7]
There shall be no outside storage or equipment or materials utilized
in connection with the home occupation.
[8]
Hours of operation utilizing nonresident employees will be from 7:00
a.m. to 6:00 p.m. unless the Board finds that longer or different
hours of operation will not be disruptive to the peace or harmony
of the area in which the home occupation is located.
[9]
Outdoor lighting shall be in accordance with this chapter.
(2)
Home
occupation in qualified structure.
(a)
The residency requirement set forth in Subsection A(1)(c) shall not apply to the use of a qualified structure or accessory structure as defined herein. A home occupation use deemed appropriate by the Planning Board pursuant to § 250-19A(1)(d) shall be permitted within a nonresidential structure or accessory structure constructed and existing prior to the enactment of the Town Code on July 10, 1978 ("qualified structure"). The extent of use within a qualified structure shall not exceed 1,500 square feet, and in accordance with § 250-19A(1)(b), no more than one home occupation use may occur on a single parcel of property. No residential structure may be converted to a nonresidential home occupation use pursuant to this section.
B.
Excavation.
(1)
Any proposed excavation adversely affecting natural drainage or structural
safety of adjoining buildings or lands shall be prohibited. Excavations
shall not create any noxious or injurious substance or condition or
cause public hazard.
(2)
In any district, excavation relating to the construction on the same
lot of a building or structure for which a permit has been issued
shall be permitted. In the event that construction of a building or
structure is stopped prior to completion and the permit is allowed
to expire, the premises shall immediately be cleared of any rubbish
or building materials, and any excavation with a depth greater than
two feet below existing grade shall immediately be filled in and the
topsoil replaced, or all such excavations shall be entirely surrounded
by a substantial fence at least six feet high that will effectively
block access to the area in which the excavation is located.
C.
Activity standards. In any district, the following standards for
activities shall apply:
(1)
No offensive or objectionable vibration or glare shall be noticeable
at or beyond the property line.
(2)
No activity shall create a physical hazard by reason of fire, explosion,
radiation or other such cause to persons or property in the same or
adjacent district.
(3)
There shall be no discharge of any liquid or solid waste into any
stream or body of water or any public or private disposal system or
into the ground of any materials of a nature that may contaminate
any water supply, including groundwater supply.
(4)
There shall be no storage of any material, either indoors or outdoors,
in such a manner that it facilitates the breeding of vermin or endangers
health in any way.
(5)
The emission of smoke, fly ash or dust which can cause damage to
the health of persons, animals or plant life or to other forms of
property shall be prohibited.
D.
Planned new streets. After the planned right-of-way line for future
streets, for future extensions of existing streets or for future street
widening is established on the Official Map, if any, buildings and
structures shall be set back from such line as though it were a street
line.
E.
Accessory buildings and uses.
(1)
Accessory structures not attached to the main building shall be located
no less than five feet from the main building.
(2)
In a residential district, accessory uses not enclosed in a building,
including swimming pools and tennis courts, may not be located in
front yards of such lot and shall be distant not less than 20 feet
from any lot line. No boat nor truck over a one-ton capacity shall
be stored on any residential lot in the R-2 or H District, except
in the rear yard, nor closer than the required side yard to any side
lot line.
(3)
Accessory buildings shall comply with front yard requirements for
the main building to which they are an accessory and shall not be
closer to any side or rear property line than five feet. Accessory
structures that exceed 150 square feet in size shall be subject to
the Density Control Schedule[1] for each zoning district. The maximum height of any accessory
structure of less than 150 square feet shall be 12 feet.
[1]
Editor's Note: The Density Control Schedule is included
at the end of this chapter.
F.
Corner clearance. For the purpose of minimizing traffic hazards at
street intersections, on any corner lot, no obstruction between a
height of 2 1/2 feet and 10 feet above the adjacent center-line
elevation shall be permitted to be planted, placed, erected or maintained
within the triangular area formed by the intersecting pavement lines,
or their projections (where corners are rounded), and a straight line
joining the pavement lines at points 50 feet distant from their point
of intersection.
G.
Fences and walls. The requirements of this chapter shall not apply
to necessary retaining walls, fences or walls not exceeding a height
of six feet in any side or rear yard in an R-2 or H District and not
exceeding a height of four feet in any front yard of an R-2 or H District
except where corner sight distances are required for traffic safety.
In any A, business or industrial district, there shall be no restriction
on fences or walls, except on an R-2 or H District boundary line,
where such fences or walls shall be limited to eight feet in height,
and except where corner clearances are required.
I.
Transition requirement.
(1)
Where a lot in a business district abuts a lot in a residence district,
there shall be provided along such side or rear lot line in the business
district abutting a residence district a wall, fence, compact evergreen
hedge or a landscaped strip of trees or shrubs so designed as to form
a visual screen not less than six feet in height at the time of planting.
Except for landscaped areas and parking areas, a use which is not
conducted within a completely enclosed building shall be screened
by a six-foot solid masonry wall, chain-link fence covered with an
evergreen vine or compact evergreen hedge.
(2)
Where a lot in an industrial district abuts a lot in a residential district, such lot in the industrial district shall meet the requirements of § 250-21C(2)(d) and (g).
J.
Agriculture.
(1)
The processing and storage of agricultural products, including packing,
warehousing and storing, is permitted, except that slaughterhouses,
rendering, fertilizer plants and canneries are prohibited. The unenclosed
storage of manure or areas for storage of dead fowl or other odor-
or dust-producing substances or uses shall not be permitted within
100 feet of a property line or public street right-of-way. The storage
of manure shall be done in a prudent manner, with periodic removal
consistent with good agricultural practices. Facilities or structures
for the storage of livestock, as defined by § 301 of Article
25-AA, Agricultural Districts, of the New York State Agriculture and
Markets Law, must be set back a minimum of 100 feet from the property
line. The free range of livestock outside of the property line is
not permitted.
(2)
However, the temporary placement of facilities or structures for
the storage of livestock, used for education purposes only, would
only need to meet the setback requirements noted in the Density Control
Schedule[2] for the zoning district in which the property is located.
"Temporary" means the structure or facility for the housing of livestock
will be removed within a period of one year or less. In addition,
the Code Enforcement Officer must be notified in writing upon the
start and end date of the proposed temporary facility or structure.
[2]
Editor's Note: The Density Control Schedule is included at
the end of this chapter.
(3)
Facilities or structures for the storage of livestock or manure which
preexist the date of this subsection can remain in place as long as
they do not become a public nuisance.
(4)
Right to farm. Farmers, as well as those employed, retained or otherwise
authorized to act on behalf of farmers, may lawfully engage in farming
practices within the Town of Kinderhook at any and all such times
and at such locations as are reasonably necessary to conduct the business
of farming. For any farming activity or operation, in determining
the reasonableness of the time, place and methodology of such operation,
due weight and consideration shall be given to both traditional customs
and procedures in the farming industry, as well as to advances resulting
from increased knowledge and improved technology. For farms located
within a designated New York State Agricultural District, the New
York State Department of Agriculture and Markets shall determine what
agricultural practices are to be considered reasonable.
(5)
Presumption to exist. There shall exist a presumption that no agricultural
use that conforms to all relevant federal, state or local statutes,
rules and regulations or ordinances and which does not pose a direct
threat to public health and safety shall constitute a public nuisance,
nor shall any such use be deemed to otherwise invade or interfere
with the use and enjoyment of any other land or property.
(6)
Notice to existing and prospective residents.
(a)
Any landowners who sell or transfer property located in a New York
State Agricultural District or within 500 feet of an existing agricultural
operation are required to provide a disclosure notice to prospective
buyers or transferees stating:
|
"It is the policy of this state and this Town to conserve, protect
and encourage the development and improvement of agricultural land
for the production of food, and other products, and also for its natural
and ecological value. This notice is to inform prospective residents
or new land users that the property they are about to acquire lies
partially or wholly within an agricultural district, or adjacent to
an existing agricultural operation, and that farming activities occur.
Such farming activities may include, but are not limited to, activities
that cause noise, dust or odors, the operation of machinery, and the
storage and disposal of manure. Owners, occupants, and users of this
property should be prepared to accept such inconveniences and discomfort."
|
(b)
Receipt of the disclosure statement must be recorded on a property
transfer report prescribed by the New York State Board of Equalization
and Assessment.
(7)
Subdivision in agricultural districts. New dwellings in any subdivision
should be sited to ensure maximization of open land for agriculture.
The building envelopes should be located so as to disturb the least
amount of prime agricultural soils as possible.
(8)
Compliance with New York State Agriculture and Markets Law Article
25-AA. The Planning Board and Zoning Board of Appeals shall ensure
that the Town follows required procedures from New York State Agriculture
and Markets Law Article 25-AA, §§ 305 and 305-a, prior
to all zoning, subdivision and site plan approvals in and within 500
feet of a designated New York State Agricultural District. All requirements,
including the notice of intent, agricultural impact statement, and
review of the application by the Columbia County Agriculture and Farmland
Protection Board, shall be followed. The Town shall ensure that local
planning approvals recognize the policy and goals of the New York
State Agricultural District's law and avoid unreasonable restrictions
on farm operations with such district.
(9)
Farm-related businesses. Farm-related businesses that are conducted
outside the home, but on the farmed parcel, are subject to the following
regulations:
(a)
No more than three acres of land shall be devoted to such use,
including areas used for structures, parking, storage, display, setbacks,
and landscaping. Any lane serving the farm-related business and a
home and/or farm contained on the same lot shall not be included as
lot area devoted to a farm-related business. No additional lane or
curb cut to access the farm-related business shall be allowed.
(b)
No more than 50% of the area devoted to a farm-related business
shall be covered by buildings, parking lots, or any other impervious
surface.
(c)
The owner or occupant of the farm must be engaged in the farm-related
business.
(d)
No more than two full-time and two part-time persons, other
than individuals who reside on the farm, may be employed in the farm-related
business.
(e)
The use must be conducted within a completely enclosed building
typical of farm buildings.
(f)
Any outdoor storage of supplies, materials or products shall
be located behind the building in which the farm-related business
is conducted.
K.
Review fees. Applicants for subdivision approval, site plan approval,
and specialized permits shall pay the reasonable fees of the engineer
employed by the Town to review the application and to make inspection
of the property as required by the Planning Board.
[Amended 10-4-2004 by L.L. No. 12-2004; 2-13-2012 by L.L. No.
1-2012; 11-6-2014 by L.L. No. 1-2014]
In all districts, off-street automobile parking spaces and truck
loading areas for the various permitted uses shall be required at
the time any of the main buildings or structures of such uses are
constructed or altered, as follows:
A.
Required off-street automobile parking spaces. The minimum cumulative
number of spaces shall be determined by the amount of dwelling units,
bedrooms, floor area, members, equipment, employees and/or seats contained
in such new building or structure or added by alteration of the building
or structure, and such minimum number of spaces shall be maintained
by the owners of such buildings or structures, as follows:
(1)
Office, business and commercial uses.
(a)
Required spaces:
[1]
For a retail business or service, bank or post office: one space
for each 200 square feet of customer floor area.
[2]
For offices, including professional, personal service and public
utility: one space for each 300 square feet of gross office floor
area.
[3]
For restaurants, bars or nightclubs: one space for every three seats
within the establishment.
[4]
For funeral homes: one space for each five seats of chapel or chapel's
capacity.
[5]
For any commercial use: one space for each company vehicle in addition
to other required spaces.
[6]
For hotels, motels and resort hotels, resort lodges, resort ranches:
one space for each bedroom, plus one space for each four employees.
[7]
One space for each 2,000 square feet of floor area devoted to storage.
[8]
One space for each 7,000 square feet of floor area devoted to outside
storage, including equipment rentals or sales yard.
(b)
Spaces in municipal parking lots designed to serve nongovernmental
uses, where provided, may be credited toward the parking requirements
for these nonresidential uses, provided that:
[1]
These spaces are within 400 feet of the uses to be served.
[2]
The parking needs of existing facilities (within 400 feet and
computed on the same basis as for new facilities) are satisfied first,
and only excess capacity is used for this purpose.
[3]
A special use permit for such use is obtained from the Planning
Board.
(2)
Industrial uses:
(a)
One space for each employee based upon highest expected employee
occupancy.
(b)
One space for each 2,000 square feet of floor area devoted to
storage.
(c)
One space for each 3,000 square feet of area devoted to outside
storage, including equipment rental or sales yards.
(d)
For any industrial use, one space for each company vehicle in
addition to other required spaces.
(3)
Public and semipublic uses:
(a)
For places of public assembly, including churches, theaters
and concert halls: one space for each six seats of seating capacity.
(b)
For elementary schools or day nurseries: two spaces for each
classroom, plus a designated area for dropoff and pickup of children.
(c)
For high schools or colleges: five spaces for each classroom.
(d)
For museums, art galleries, institutions or philanthropic use:
one space for each 800 square feet of gross floor area.
(e)
For hospitals, sanatoriums, nursing or convalescent homes: one
space for each two beds.
(f)
For clubs: one space for each 200 square feet of gross floor
area or one space for four seats of seating capacity, whichever is
greater.
(5)
Residential uses:
(a)
For one- or two-family dwellings: two spaces per dwelling unit.
(b)
For multifamily dwellings: two spaces per dwelling unit.
(c)
Customary home occupation pursuant to § 250-19: one space for each 300 square feet devoted to such customary home occupation or professional office, plus the required space per dwelling unit.
(d)
Boardinghouse or bed-and-breakfast: one space for each bedroom.
(e)
Accessory apartment: two spaces for principal dwelling units; one
space for accessory apartment.
(f)
For general uses no specifically referenced in this chapter, as established
by the Planning Board.
B.
Calculation of required spaces. In the case of a combination of uses,
the total requirements of off-street automobile parking spaces shall
be the sum of the requirements for the various uses, unless it can
be proven that staggered hours of use or other conditions would permit
modification. Whenever a major fraction of a space is required, a
full space shall be provided.
C.
Dimensions for off-street automobile parking space. Such space provided
shall be at least nine feet wide and 20 feet long, and every space
shall have direct and usable driveway access to a street or alley,
with minimum maneuver area between spaces as follows:
(1)
Parallel curb parking: twelve-foot aisle width for one-directional
flow and twenty-four-foot aisle width for two-directional flow.
(2)
Thirty-degree parking: thirteen-foot aisle width for one-directional
flow and twenty-six-foot aisle width for two-directional flow.
(3)
Forty-five-degree parking: sixteen-foot aisle width for one-directional
flow and twenty-six-foot aisle width for two-directional flow.
(4)
Sixty-degree parking: twenty-one-foot aisle width for one-directional
flow and twenty-six-foot aisle width for two-directional flow.
(5)
Perpendicular parking: twenty-six-foot aisle width for one-directional
and two-directional flow.
D.
Location of required spaces.
(1)
In any residential district, no open or enclosed parking area shall
encroach on any required front yard or required open areas. Open parking
areas may encroach on a required side or rear yard to within three
feet of a property line.
(2)
In business districts or industrial districts, such spaces shall
be provided on the same lot or not more than 400 feet therefrom.
(3)
No entrance and exit drives connecting the parking area and the street
shall be permitted within 25 feet of the intersection of two public
rights-of-way.
(4)
Location of parking lots shall be to the side or rear, according
to this chapter.
E.
Required off-street truck loading areas:
(1)
For funeral homes: one berth for each chapel.
(2)
For hotels, motels and resort hotels, resort lodges, resort ranches:
one berth for floor area in excess of 10,000 square feet.
(3)
For office, business and commercial uses: one berth for 10,000 square
feet to 25,000 square feet of floor area and one additional berth
for each additional 25,000 square feet of floor area.
(4)
For manufacturing and permitted industrial uses: one berth for the
first 10,000 square feet of floor area and one additional berth for
each additional 40,000 square feet of floor area.
(5)
For other permitted nonresidential uses: one berth for 10,000 square
feet to 25,000 square feet of floor area and one additional berth
for each additional 25,000 square feet of floor area, unless it can
be proven that truck deliveries shall not exceed one vehicle per day.
F.
Dimensions for off-street loading berths. Each required loading berth
(open or enclosed) shall have the following minimum dimensions: 35
feet long, 12 feet wide and 14 feet high, except that berths for funeral
homes may be 20 feet long, 10 feet wide and eight feet high.
G.
Location of required berths. All off-street loading areas shall be
located on the same lot as the use for which they are permitted or
required. Open off-street loading areas shall not encroach on any
required front or side yard, accessway or off-street parking area,
except that, in business districts, off-street parking areas, where
they exist, may be used for loading or unloading, provided that such
spaces shall not be so used for more than three hours during the daily
period that the establishment is open for business.
H.
Construction of parking areas. Required parking areas for more than
five cars accessory to commercial, industrial or multifamily uses
shall be paved with all-weather surface of asphalt or concrete and
suitably drained. The individual spaces shall be visibly marked with
paint or other durable material. Parking areas to be used at night
shall be lighted. All lights shall be shaded or so directed as not
to cause glare on adjoining residential properties and shall be so
directed as not to cause a traffic hazard due to glare or color.
I.
Landscaping. At least 8% of the area of the lot usable for off-street
parking shall be devoted to landscaping with lawn, trees, shrubs or
other plant material. All loading berths and parking areas of three
or more spaces that abut a residential lot line and any parking lot
for more than 20 cars shall be screened by a six-foot-high solid masonry
wall or a compact evergreen hedge or a landscaped strip of trees and
shrubs so designed as to form a visual screen from the adjoining property.
All parking areas and landscaping shall be properly maintained thereafter
in a sightly and well-kept condition.
J.
Inclusion of additional land in certain site plan reviews.
(1)
In the B-1 (Business 1) Zone located in the Town of Kinderhook, the
Planning Board, in its sole discretion, upon reviewing any application
for a site plan, may allow the use of lands to the rear of any structure
not zoned B-1, provided that a corresponding amount of land is set
aside in the front of any structure in excess of any front yard setback
requirement. This additional land located in the front yard shall
not contain any improvements, with the exception of a driveway or
approved sign.
(2)
The use of the lands in the non-B-1 Zone shall be only for off-street
parking and the accessways to public highways from the parking areas;
provided, however, that, as a condition of obtaining an approval for
said use, the Planning Board shall require ample screening and shall
find that the location of the parking area and any accessway thereto
does not interfere with the surrounding non-B-1 neighborhood.
K.
Cross-access. In cases where two or more lots are adjacent, the Planning
Board may require cross-easements between adjacent parking lots to
provide for interconnected parking lots and to facilitate traffic
and control access on the main road. Shared parking facilities may
be required.
L.
Curb cuts. Access to the parking lot from the main road or thoroughfare
is limited to one curb cut.
The purpose of this district is to permit those designated uses permitted by right or contingent on the attainment of a special use permit from the Planning Board, as specified in § 250-7 of this chapter. All regulations in § 250-50 shall apply.
A.
The minimum lot area requirement in the Light Industrial District
shall be 40,000 square feet.
B.
Use regulations.
(2)
Prohibited uses.
(a)
Residential uses, except dwellings of caretakers and all residential
uses existing and permitted prior to the establishment of I-1 Districts
in accordance with this section, shall be allowed to continue as so
permitted hereto before.
(c)
Any use, although expressly allowed as a permitted use, shall
be prohibited if the particular application of such use does not comply
with the specified performance standards for a use in the I-1 District.
C.
Performance standards.
(1)
General standards. The following general standards are hereby adopted
for the control of uses in any Light Industrial District, and no use
shall be permitted, established, maintained or conducted therein which
shall cause:
(a)
Excessive smoke, fumes, gas, odor, dust or any other atmospheric
pollutant beyond the boundaries of the lot whereon such use is located.
Smoke is excessive when the shade or appearance is darker than No.
2 on the Ringelmann Smoke Chart, published by the United States Bureau
of Mines.
(b)
Noise perceptible beyond the boundaries of the lot occupied
by such use causing the same.
(c)
Any pollution by discharge of any waste material whatsoever
into any watercourse, open ditch or land surface.
(d)
Discharge of any waste material whatsoever into any sanitary
disposal system or sewerage system, except only in accordance with
the rules of land under the control of public health authorities or
the public body controlling such sewerage system. Any chemical or
industrial waste which places undue loads, as determined by the Town
Engineer, shall not be discharged into any municipal system and must
be treated by the industrial use.
(e)
Storage or stocking of any waste materials whatsoever, except
in a completely enclosed building.
(f)
Glare or vibration perceptible beyond the lot lines whereon
such use is conducted.
(g)
Hazard to persons or property by reason of fire, explosion,
radiation or other cause.
(h)
Any other nuisance harmful to persons or property.
(2)
Specific standards. The following specific standards are hereby adopted
for and must be complied with by any use in any Light Industrial District
before the same shall be permitted, established, maintained or conducted:
(a)
Storage facilities. Materials, supplies or semifinished products
shall be stored on the rear 1/2 of the property and shall be screened
from any existing or proposed street.
(b)
Loading docks. No loading docks shall be on any street frontage.
Provisions for handling of all freight shall be on those sides of
any building which do not face on any street or proposed street.
(c)
Landscaping. It is hereby declared that all areas of the plot
not occupied by buildings, parking, driveways or walkways or storage
shall be landscaped attractively with lawn, trees, shrubs or other
plant material. Such landscaping shall take into consideration the
natural growth presently on the premises and the nature and condition
of the terrain, as well as the situation of the lands and premises
themselves and with regard to adjoining lands and premises.
(d)
Fences, walls and plantings. Property that is adjacent to a
residential or business district shall be provided along such property
lines with a wall, fence, dense evergreen hedge or a landscaped strip
of trees and shrubs so designed as to form a dense visual screen no
less than six feet high at the time of planting. Except for landscaped
areas and parking areas, a use which is not conducted within a completely
enclosed building shall be screened by a six-foot solid masonry wall,
a chain-link fence covered with an evergreen vine or a compact evergreen
hedge. Where a front yard adjoins a street, the wall, fence or hedge
shall be located no closer to the street than the depth of the required
yard.
(g)
Buffer strip. In addition to the fences and walls, the entire
district must be separated along its outside boundary from an adjoining
residential zone and along public roads by a buffer strip, suitably
landscaped, at least 100 feet wide. The purpose of the buffer strip
is to effectively screen industrial uses from residential districts
and public roads.
(3)
Proper and adequate water supply, sewage and waste disposal, other
utility services and accessibility to and from public streets must
be provided.
(4)
Special consideration must be given to the traffic generated by each
proposed use in a Light Industrial District, and no undue traffic
volume shall be permitted. Such data is to be submitted with each
petition for amendment. It shall be the policy of the Town not to
rezone when it is anticipated that undue traffic volume will be placed
on residential streets.
E.
The Planning Board, upon review of the proposed development, may
prescribe additional conditions as are, in its opinion, necessary
to secure the objectives of this chapter.
F.
Procedure. The developer shall submit the following:
(1)
A plan of the site and surrounding areas, drawn to scale and accurately
dimensioned, showing the location of the existing and proposed land
use areas, lots, buildings, structures, parking and loading areas
and access roads and streets, community facilities and topography.
(2)
The use and height of each proposed building or structure, yard lines,
lot coverage, the number of parking spaces in each proposed parking
area and the expected flow of traffic in and out of the area.
(3)
Any additional data as may be requested by the Planning Board in
order to determine the suitability of the tract for the proposed development.
In any district where permitted, a gasoline filling station
shall be subject to the following regulations:
A.
Filling stations shall be permitted only on lots of 40,000 square
feet or more, with 250 feet of minimum frontage.
B.
The area for use by motor vehicles, except an access drive thereto,
as well as any structures, shall not encroach on any required yard
area.
C.
No fuel pump shall be located closer than 25 feet to any side lot
line nor closer than 50 feet to any street line, measured from the
outside edge of the fuel island.
D.
No access drive shall be within 200 feet of and on the same side
of the street as a school, public library, theater, church or other
public gathering place, park, playground or fire station, unless a
public street lies between such service station and such building
or use.
E.
All major repair work and all storage of equipment and parts shall
be within a completely enclosed building which has a maximum height
of 25 feet. Such repair work shall not include any body repair work
or spray painting or car washing which requires mechanical equipment
in a B-1 and B-1A District except by special permit of the Planning
Board as provided by this chapter.
A.
Purpose.
(1)
The purpose of this section is to promote and protect the public
health, welfare and safety by regulating existing and proposed outdoor
advertising signs, window or door signs and outdoor signs of all types.
It is intended to protect property values, create a more attractive
economic and business climate, enhance and protect the historic and
rural character of the Town, preserve the community's unique
scenic vistas and provide for an overall more visually enjoyable and
pleasing landscape.
(2)
It is further intended to reduce sign or advertising distractions
and obstructions that may contribute to traffic accidents, reduce
hazards that may be caused by overhanging or projecting signs over
public rights-of-way, provide more visual open space and protect the
community's appearance and attractiveness.
B.
ABANDONED SIGN
ADMINISTRATOR
ANIMATED SIGN
AWNING SIGN
COPY-CHANGE SIGN
DIGITAL SIGN
ERECT
FREESTANDING SIGN
ILLUMINATED SIGN
OFF-PREMISES SIGN OR BILLBOARD
ON-PREMISES SIGN
PORTABLE SIGN
PROJECTING SIGN
REPRESENTATIONAL SIGN
RETAIL
ROOF SIGN
SERVICE ESTABLISHMENT
SIGN
SIGN DIRECTORY
SIGN STRUCTURE
SIGN SURFACE AREA
TEMPORARY SIGN
WALL SIGN
WINDOW OR DOOR SIGN
Definitions. As used in this section, and unless otherwise expressly
stated, the following terms shall be defined as stated:
A sign, and its structure, that no longer serves its original
purpose or reflects a business or activity that has ceased or been
expired for 12 months or more.
The Building Code Enforcement Officer of the Town of Kinderhook
or his designee.
A sign or any portion thereof having movement effected by
mechanical or natural means, including, but not limited to, rotating
signs, wind signs and signs where movement is simulated by illumination
devices. This term shall include the use of blinking, flashing and
general intermittent light, as opposed to light of a constant intensity
and value. All time and/or temperature devices shall not be considered
animated.
A sign with any visual or written message incorporated into
an awning attached to a building.
The portion of a sign on which the visual message may be
periodically changed. The copy message may be achieved with either
separate letters and numbers or small, separate sign panels affixed
to or supported by the larger sign or sign structure.
A sign or portion thereof with characteristics that appear
to have movement or that appear to change, caused by any method other
than physically removing and replacing the sign or its components,
whether the apparent movement or change is in the display, the sign
structure itself, or any other component of the sign. This includes
a display that incorporates a technology or method allowing the sign
face to change the image without having to physically or mechanically
replace the sign face or its components. This term shall include any
rotating, revolving, moving, or blinking display and any display that
incorporates rotating panels, LED lights manipulated through digital
input, digital ink or any other method or technology that allows the
sign face to present a series of images, displays or video. All time
and/or temperature devices shall not be considered a digital sign.
[Added 4-26-2016 by L.L.
No. 1-2016]
To build, construct, alter, repair, display, relocate, attach,
hang, place, suspend, affix or maintain any sign and shall also include
the painting of exterior wall signs.
Any sign not attached to or part of any building but separate
and permanently affixed by any other means, in or upon the ground,
including, but not limited to, pole signs, pylon signs and masonry
or monument signs.
Any sign illuminated by electricity, gas or other artificial
light, either from the interior or exterior of a sign.
A sign unrelated to a business or a profession conducted
or to a commodity or service sold or offered upon the premises where
such sign is located.
A sign related to a business or a profession conducted or
to a commodity or service sold or offered upon the premises where
such sign is located.
A sign, whether on its own trailer, wheels or otherwise,
designed to be movable and not structurally attached to the ground,
a building, a structure or another sign, including sidewalk signs.
A sign which is attached to the building wall or structure
and which extends horizontally more than nine inches from the plane
of such wall, or a sign which is perpendicular to the face of such
wall or structure.
A three-dimensional sign built so as to physically represent
the object advertised.
Establishments engaged in selling goods or merchandise to
the general public.
A sign erected above the main roofline of a structure, which
is the uppermost horizontal line of the building's silhouette.
(See sign guidelines brochure.[1])
Small businesses primarily engaged in providing services
involving the care of a person or his or her personal goods or apparel.
Any material, structure, or device, or part thereof, composed
of lettered or pictorial matter, or upon which lettered or pictorial
matter is placed when used or located out of doors or outside or on
the exterior of any building, including window display areas, for
display of an advertisement, announcement, notice, directional matter
and name. This includes sign frames, billboards, signboards, painted
wall signs, hanging signs, pennants, fluttering devices, projecting
signs or ground signs or any exterior illumination devices (excepting
standard light fixtures), with or without lettering, logos, graphic
or pictorial matter, which serve as part of an overall sign program
to identify a business or increase the visibility of a site and that
are placed in view of the general public.
A listing of two or more business enterprises consisting
of a matrix and sign components.
The supports, uprights, bracing and framework for the sign.
In the case of a sign structure consisting of two or more sides where
the angle formed between any two of the sides or the projection thereof
exceeds 30°, each side shall be considered a separate sign.
The entire area within a single, continuous perimeter enclosing
all elements of the sign which form an integral part of the display.
The structure supporting a sign shall be excluded unless the structure
is designed in a way to form an integral background for the display.
Both faces of a double-faced sign shall be included as surface or
area of such a sign.
A sign that is not permanently affixed to a building or the
ground for a period not to exceed 30 days within a ninety-day period,
unless otherwise specified by the Town Code.
A sign which is painted on or attached to the outside wall
of a building, with the face of the sign in the plane parallel to
such wall and not extending more than nine inches from the face of
such wall.
Any sign visible from a sidewalk, street, parking area or
driveway, or other public space, that is painted or affixed to glass
or other material, but not including temporary graphics associated
with the sale of products.
[1]
Editor's Note: The sign guidelines brochure is on file in
the Town offices.
C.
Criteria. The administrator of this § 250-23 shall consider the following criteria for determining compliance with this section:
(1)
Size, build, mass.
(2)
Materials.
(3)
Structural members.
(4)
Lighting and illumination.
(5)
Orientation.
(6)
General and specific locations.
(7)
Proximity to streets and intersections.
(8)
Design, including character of lettering, logos and contents.
(9)
Site and context.
(10)
Number and frequency of existing signage within the immediate
vicinity.
(11)
Zoning district regulations.
(12)
Any other criteria the administrator deems pertinent to protecting
the health, safety and welfare of the public.
D.
Administration and application for permit.
(1)
No sign as defined herein shall be hereinafter erected without first
obtaining a permit from the administrator.
(2)
Application for a permit shall be made in writing, in duplicate,
upon forms prescribed and provided to the administrator and shall
contain the following information:
(a)
Site plan showing the location of proposed sign(s), building(s)
and lighting, as well as existing signs, buildings, lighting and any
other proposed or existing exterior display areas in relation to property
lines.
(b)
A sketch of the proposed sign, drawn to scale, showing sign
dimensions, exact layouts, actual typefaces, lighting, and sign structure.
(c)
For signs proposed on existing buildings, photographs of buildings
indicating proposed sign location.
(d)
For signs proposed on new buildings, elevation(s) of building
indicating proposed sign location.
(e)
Photographs and dimensions for all existing signs on the site.
(f)
Name, address and telephone number of the applicant and property
owner. If the applicant is not the property owner, then signed permission
of the property owner to place the sign is also required.
E.
Application fee, expiration and renewal.
(1)
Permit fees shall be set and promulgated by the Town Board and may
be modified by the Town Board as may be necessary to defray the expenses
of administration, compliance and enforcement of the provisions hereof.
(2)
If the sign authorized under any such permit has not been completed
within six months from the date of issuance thereof, such permit shall
become null and void but may be renewed within 30 days from the expiration
thereof, for good cause shown and upon payment of an additional fee
as set by the Town Board.
(3)
A determination by the administrator on the application for a sign
permit must be made within 30 days of receipt of the application.
F.
Nonconforming signs.
(1)
On-premises signs legally erected or approved before the effective
date of this section which do not conform to the provisions of this
section may continue to be maintained; provided, however, that no
such sign shall be permitted if it is, after the adoption of this
section, enlarged or reworded (other than signs with automatic or
manually changing messages such as theater or cinema marquees), except
to conform to the requirements of this section.
(2)
In addition, any preexisting nonconforming signs which do not have
a sign permit on record with the Town of Kinderhook must apply for
a sign permit within one year of the effective date of this section.
G.
Off-premises signs or billboards.
(1)
There shall not be constructed in the Town of Kinderhook any new off-premises signs or sign faces. However, off-premises signs are permitted only in circumstances where two or more individual businesses share a driveway as per § 250-23P(2)(d) below. In such cases, shared signs to service multiple parcels are encouraged.
(2)
Off-premises signage in existence on the effective date of this section,
which has been legally erected and maintained but which does not comply
with the provisions hereof, may continue to be maintained and repaired
in place so long as the size of the sign is not increased in terms
of faces, length or height.
H.
Removal of signs.
(1)
Any sign, existing on or after the effective date of this section,
which no longer advertises an existing business conducted or product
sold on the premises upon which the sign is located shall be removed
within a twelve-month period.[2]
[2]
Editor's Note: Original § 81-21H(2), pertaining
to the removal or repair of noncomplying signs, which immediately
followed this subsection, was repealed 4-12-2004 by L.L. No. 8-2004.
(2)
The administrator may cause any sign or decoration that is a source
of immediate peril to persons or property to be removed immediately
and without notice.
I.
Variances.
(1)
Any person aggrieved by the decision or action of the administrator
under this section or any person wishing to construct, install or
erect a sign other than as permitted herein shall be entitled to make
application to the Board of Zoning Appeals for modifications of the
provisions herein.
(2)
Such applicants shall comply with all procedural requirements of
the Board.
J.
Violations. In the event that any sign erected and/or maintained within the Town of Kinderhook does not comply with the Code of the Town of Kinderhook, is not used or is abandoned or unsafe, or is a menace to the public health, the administrator shall give written notice to the owner of the sign and/or the owner of the land upon which it is erected or maintained, who shall have 10 days from the date of mailing of the notice to the address of the property upon which the sign is erected or maintained to bring the sign into compliance or remove it. Failure to bring the sign into compliance or remove it within that period shall constitute a violation of the Code of the Town of Kinderhook and shall subject the violator to a civil penalty of $350 for the first violation, $700 for a second violation within five years of the date of the first violation and $1,000 for a third violation within five years of the date of the first violation. The foregoing fines shall be in addition to the penalties provided in § 250-65 hereof. If the property upon which the sign is erected does not have a local address, notice of violation as provided herein shall become effective upon mailing it to the address to which the Collector of Taxes sends property tax bills with respect to said property.
[Amended 4-12-2004 by L.L. No. 8-2004]
K.
Waivers. Where the Board of Zoning Appeals finds that, due to the
special circumstances of a particular application, the provision of
certain required improvements is not in the interest of the public
health, safety and general welfare or is inappropriate, it may waive
such requirements.
L.
Exceptions. For the purpose of this section, the term "sign" as hereinafter
defined does not include signs erected and maintained pursuant to
and in furtherance of any governmental function or required by any
law, ordinance, rule or regulation.
M.
Exemptions. For the purpose of this section, the following signs
may be erected and maintained without a permit or fee, provided that
such signs comply with the general requirements of the law:
(1)
Historical markers, tablets, statues, memorial signs and plaques;
names of buildings and dates of erection when cut into any masonry
surface or when constructed of bronze, stainless steel or similar
material; and emblems installed by governmental agencies or religious
or nonprofit organizations.
(2)
Flags and insignia of any nation, government or school, except when
displayed in connection with commercial promotion.
(3)
On-premises directional signs for the convenience of the general
public, identifying public parking areas, fire zones, entrances and
exits and similar signs, not to exceed four feet per face and six
feet in height and that do not convey an advertising message or logo.
(4)
Nonilluminated "warning," "private drive," "posted" or "no trespassing"
signs, not to exceed two square feet per face.
(5)
One on-premises sign, either freestanding or attached, in connection
with any residential building in a zoning district which permits professional
offices or home occupations, not to exceed two square feet. Such sign
shall state the name, vocation and telephone number only.
(6)
Name and number plates, identifying residents, mounted on detached
houses, mailboxes or multifamily houses of four units or less, that
do not exceed one square foot in area.
(7)
Address signs on multiple dwelling units of five or more that do
not exceed two square feet.
(8)
Private-owned merchandise sale signs for garage sales or auctions,
not to exceed four square feet and one in number, for a period not
to exceed seven days.
(9)
Temporary nonilluminated "for sale," "for rent," real estate signs
and signs of a similar nature, concerning the premises upon which
the sign is located; in a residential zoning district, one sign, not
to exceed four square feet per side in area; in a business or industrial
zoning district, one sign, not to exceed 50 square feet. All such
signs shall be removed within 14 days after the sale, lease or rental
of the premises.
(10)
Temporary, nonilluminated window signs and posters, provided
that such do not exceed 25% of the window surface.
(11)
At gasoline stations, any integral graphics or attached price
signs on gasoline pumps or otherwise required by state law.
(12)
Directional signs for meetings, conventions and other assemblies.
(13)
One sign, not exceeding six square feet in the residential zoning
districts nor 16 square feet in nonresidential zoning districts, listing
the architect, engineer, contractor, and/or owner on premises where
construction, renovation or repair is in progress.
(14)
Political signs, not exceeding six square feet in residential
zoning districts and not exceeding 16 square feet in nonresidential
districts, that are in place for no more than 30 days and no longer
than five days after the election.
(15)
Temporary, nonilluminated signs advertising seasonal agricultural
goods and not to exceed 48 square feet and four in number and set
back at least 10 feet from the property line.
(16)
One temporary promotional banner or poster, not exceeding 16
square feet in size, located on property in nonresidential areas at
least 10 feet from the property line.
(17)
Nonilluminated signs on the interior sides of fences which enclose
athletic fields owned by the Town, as well as on scoreboards contained
within these athletic fields.
[Added 10-29-2003 by L.L. No. 5-2003]
N.
Prohibited signs.
(2)
No sign(s) whose design, color or placement impairs visibility or
causes confusion to vehicular or pedestrian traffic shall be allowed.
(3)
No roof signs shall be allowed.
(4)
No signs in nonresidential districts shall be attached to trees.
(5)
No portable signs shall be allowed.
(6)
No representational signs shall be allowed.
(7)
No animated signs shall be allowed.
(8)
No advertising message shall be spread over more than one sign.
(9)
No signs shall be attached to utility poles.
(10)
No digital signs shall be allowed.
[Added 4-26-2016 by L.L.
No. 1-2016]
O.
Construction standards.
(1)
General.
(a)
All signs and their structures installed or approved after the
effective date of this section shall be permanently marked with the
Town of Kinderhook permit number.
(b)
All illuminated signs shall be constructed in conformance with
the Standards for Electric Signs (U.L. 48) of Underwriters Laboratories,
Inc., and bear the seal of the Underwriters Laboratories label. If
a sign does not bear the Underwriters Laboratories label, the sign
shall be inspected and certified by the New York Board of Fire Underwriters
at the cost of the applicant. All transformers, wires and similar
items shall be concealed. All wiring to freestanding signs shall be
underground.
(c)
All signs and their structures shall be securely anchored and
constructed to prevent lateral movement that would cause wear on supporting
connections. Freestanding signs shall be designed and constructed
to withstand a wind pressure of not less than 30 pounds per square
foot of surface area. Projecting signs shall not squeak or otherwise
be audible.
(d)
Signs and their structures must be kept clean, neatly painted
and free from all hazards, such as but not limited to faulty wiring
and loose fastenings. Signs and their structures must be maintained
at all times in such a safe condition as not to be detrimental to
the public health or safety.
(e)
No sign shall be placed in the public right-of-way.
(2)
Specific.
(a)
Wall signs.
[1]
Wall signs shall not extend beyond the ends or over the top
of the walls to which attached and shall not extend above the level
of the second floor of the building.
[2]
Wall signs shall not extend more than nine inches from the face
of the buildings to which they are attached.
[3]
Any part of a sign extending over pedestrian traffic areas shall
have a minimum clearance of seven feet six inches.
(b)
Projecting signs.
[1]
The exterior edge of a projecting sign shall extend not more
than five feet from the building face or 1/3 the width of the sidewalk,
whichever is less.
[2]
No part of a projecting sign shall extend into vehicular traffic
areas, and any part extending over pedestrian areas shall have a minimum
clearance of seven feet six inches.
[3]
Projecting signs shall not extend above the buildings to which
they are attached.
(c)
Freestanding signs.
[1]
Freestanding signs under which a pedestrian walkway or driveway
passes must have a ten-foot vertical clearance from grade.
[2]
Monument- or masonry-type signs or bases shall not exceed four
feet in height and shall not be placed so as to impair visibility
for motorists. Other freestanding signs cannot exceed 12 feet in height.
[3]
No freestanding signs shall be located less than 10 feet from
any property line.
(d)
Awning signs.
[1]
No sign shall project from an awning sign.
[2]
Awning graphics may be painted or affixed flat to the surface
of the front or sides and shall indicate only the logo or name of
the business. Awning graphics, including lettering or logo, shall
not exceed 20% of the visible surface area of the awning.
[3]
The square footage determined by a rectangle outlining all logos
and lettering on the awning sign must be included in determining the
site's total permitted sign surface area.
(e)
Other signs.
[1]
Window and door signs shall not exceed 20% of the area of the
window or door area.
[2]
The copy-change portion of any sign shall be limited to 35%
of total sign area. The copy-change elements must be maintained with
all letters, numbers or other characters necessary to fully convey
the intended message in place.
P.
Sign surface area requirements.
(2)
Nonresidential districts.
(b)
For buildings with less than 20 linear feet of frontage, a maximum
of 40 square feet of total sign area shall be permitted.
(c)
A maximum number of three signs is permitted per building.
(d)
Where two or more businesses are located on the same property
or are individual business properties that are contiguous and served
by common entrances, either one common freestanding sign denoting
the name of the shopping facility or one sign directory shall be permitted,
not exceeding 100 square feet. All other signs shall be attached to
buildings, as in a wall or projecting sign. Total sign area permitted
for the entire business on multiple parcels shall be calculated at
the rate of two square feet of sign per linear foot of building frontage,
not to exceed 80 square feet per business or 450 square feet.
Q.
Design guidelines.
(1)
Signs should be designed to be compatible with the surroundings and
appropriate to the architectural character of the buildings on which
they are placed.
(2)
Sign panels and graphics should not obscure architectural features
and should be in proportion to them.
(3)
Layout of graphics and text should be orderly and of simple shape.
Lettering should be professional looking.
Mobile homes are required to have building permits and be constructed
and installed in accordance with federal regulations and the New York
State Fire Prevention and Building Code. Mobile home parks must have
both Department of Health approval as well as site plan approval from
the Town Planning Board. Mobile home parks are permitted only in those
areas designated by the Town Zoning Map as MHP.
A.
Mobile home parks.
(1)
Mobile home park sites.
(a)
The park shall be located in areas where grades and soil conditions
are suitable for use as mobile home lots.
(b)
The park shall be located on a well-drained site which is properly
graded to ensure rapid drainage and be free at all times from stagnant
pools of water.
(c)
The park shall be free from heavy or dense growth of brush and
woods which may cause a fire hazard in the immediate area of the mobile
home lots.
(d)
Each trailer park shall have a minimum of 350,000 square feet
and have at least 200 feet of frontage on a public road.
(e)
Accessory structures shall comply with the New York State Building
Code and be no less than five feet away from any mobile home.
(f)
Accessory buildings greater than 150 square feet shall be set
back 50 feet from the property line.
(g)
Expansion of mobile home parks. Any alteration of an existing
mobile home park, including, but not limited to, changing the number
of lots, changing lot sizes or lot configuration, is subject to a
new site plan review by the Planning Board prior to any expansion.
(h)
Replacement of mobile homes in a mobile home park. Replacement
of an existing mobile home in a mobile home park with another mobile
home is permitted.
(2)
Mobile home lots.
(a)
Each mobile home park shall be marked off into mobile home lots.
(b)
Each mobile home lot shall have a total area of not less than
10,000 square feet, with a minimum dimension of 50 feet of frontage
on an access road.
(c)
Each mobile home unit shall be permanently mounted on a reinforced
concrete slab base of footing.
(d)
Each mobile home unit site shall be suitably graded to provide
adequate drainage.
(e)
Every mobile home shall be enclosed with solid skirting with
adequate ventilation.
(3)
Placement of mobile homes. No mobile home shall be parked or otherwise
located nearer than a distance of:
(4)
Accessibility of streets and driveways.
(a)
Each mobile home park shall be easily accessible from an existing
public highway or street.
(b)
Each mobile home park shall provide two points of entry and
exit, but in no instance shall the number of entry and exit points
exceed four.
[1]
Such entrances and exists shall be designed and strategically
located for the safe and convenient movement into and out of the park
and to minimize friction with the free movement of traffic on a public
highway or street.
[2]
All entrances and exits shall be at right angles to the existing
public highway or street.
[3]
All entrances and exits shall be free of any material which
would impede the visibility of the driver on a public highway or street.
[4]
All entrances and exits shall be of sufficient width to facilitate
the turning movements of vehicles with mobile homes attached.
(c)
Each park shall have improved internal streets to provide for
the convenient access to all mobile home lots and other important
facilities within the park.
[1]
The street system shall be designated as to permit safe and
convenient vehicular circulation within the park.
[2]
The streets shall be adapted to the topography and shall have
suitable alignment and gradient for traffic safety.
[3]
All streets shall intersect at right angles.
[4]
All streets shall be constructed according to street development specifications as in Chapter A251 of the Town Code, except that:
[5]
Except in cases of emergency, no parking shall be allowed on
such streets.
(d)
An improved driveway shall be provided for each mobile home
lot. This driveway shall have a minimum width of nine feet.
(5)
Off-street parking.
(a)
At least two off-street parking spaces shall be provided on
each mobile home lot. The parking spaces shall be of similar construction
and grading as the mobile home stand. Each space shall have a minimum
width of nine feet and minimum length of 20 feet.
(b)
Additional off-street parking spaces shall be provided at strategic
and convenient locations for guests and delivery service vehicles.
(6)
Utilities and service facilities.
(a)
Each mobile home lot shall be provided with sewer and water
hookups in accordance with the regulations and requirements of the
Columbia County Department of Health, the New York State Department
of Health, the Sanitary Code of New York State and other applicable
governmental agencies.
(b)
Mobile home park owners shall provide covered garbage cans or
dumpsters of sufficient size and number to accommodate the quantity
of trash generated by the tenants of the park. The garbage shall be
collected and disposed of as frequently as may be necessary to ensure
that such cans or dumpsters will not overflow or present a health
hazard.
(c)
Service buildings shall be provided as deemed necessary for
the normal operation of the park. Such buildings shall be maintained
by the owner or manager of the park in a clean, sightly and sanitary
condition.
(d)
Each mobile home lot shall be provided with weatherproof electric
service connections and outlets which are a type approved by the New
York State Board of Fire Underwriters or its equivalent.
(e)
All utilities servicing a mobile home park shall be placed underground.
(f)
Mailboxes for all mobile home lots shall be placed in a central
location for which at least three parking spaces shall be provided.
(g)
Accommodations for storm runoff must be made.
(8)
Landscaping.
(a)
The unimproved portions of the park shall be landscaped with
grass and other plantings as to improve the aesthetic look of the
park. All proposed landscaped areas shall be clearly indicated on
the site plan, and the type of treatment (grass, shrubs, etc.) shall
be specified.
(b)
Garbage storage areas, laundry facilities and other nonresidential
uses shall be properly screened with plantings or fencing.
(c)
There shall be a landscaped area of at least 20 feet wide along
exterior lot lines and street frontages, suitably planted and maintained
to provide visual screening from adjacent properties.
B.
Trailer camps. The establishment of trailer camps are required to
have both Department of Health approval as well as to obtain site
plan approval from the Town Planning Board. Trailer camps are only
permitted in those areas designated by the Town Zoning Map as MHP.
(1)
Trailer camp sites. The provisions found in § 250-24A(1) shall apply, except that sites for trailer camps shall be at least five acres in size.
(3)
Placement of travel trailers.
(a)
No travel trailer shall be parked or otherwise located nearer
than a distance of:
[1]
At least 20 feet from an adjacent travel trailer in any direction.
[2]
The provisions found in § 250-24A(3)(b) through (d) shall apply.
(b)
Only one travel trailer shall be permitted to occupy any one
trailer lot.
(4)
Travel trailer stands.
(a)
Each trailer lot shall have a travel trailer stand which will
provide for the practical placement on and removal from the lot of
the travel trailer and for the retention of the trailer on the lot
in a stable condition.
(b)
The stand shall be of sufficient size to fit the dimensions
of the anticipated travel trailers.
(c)
The stand shall be constructed of an appropriate material which
is durable, compacted and adequate for the support of the maximum
anticipated loads.
(d)
The stand shall be suitably graded to permit rapid surface drainage.
(6)
Off-street parking. One off-street parking space shall be provided
on each trailer lot. The parking space shall be of similar construction
and grading as the trailer stand. Such space shall have a minimum
width of nine feet and a minimum length of 20 feet.
(7)
Utilities and service facilities. Each trailer camp shall be provided with basic utilities and amenities in accordance with the regulations and requirements of the Columbia County Department of Health, the New York State Department of Health, the Sanitary Code of New York State, the New York State Building Code and the Americans With Disabilities Act, relevant provisions of § 250-24A(6) and any other applicable government agencies.
(8)
Open space and landscaping. The provisions found in § 250-24A(7) and (8) shall apply.
C.
Trailer camp and mobile home park located on single parcel. Separate
physical locations are required for trailer camps and mobile home
parks placed on the same legal parcel of land and shall be arranged
according to their respective sections of this chapter, except as
herein provided:
(1)
The parcel of land which is to provide for both a mobile home park
and trailer camp shall be at least 30 acres in size.
(2)
The trailer camp and mobile home park shall be physically separated
by a parcel of land at least 20 feet in width along all areas where
the trailer camp abuts the mobile home park. Such parcel of land shall
be properly landscaped with appropriate planting materials so that
the mobile home park is adequately screened.
(3)
The trailer camp and the mobile home park shall each have separate
points of entry and exit. Where the parcel of land fronts on two or
more existing public highways or streets, the trailer camp shall be
located adjacent to the public highway or street that is most heavily
traveled.
D.
Mobile homes and travel trailers located outside zoning designated
districts.
(1)
No person shall use any mobile home or travel trailer for living
or sleeping quarters or the conduct of any business or professional
occupation or trade or as an accessory use unless it is located in
a zoning designated area, except as follows:
(a)
An owner of land may place a mobile home or travel trailer on
said land notwithstanding the fact that it is located in a zoning
district that prohibits such use when a residence located on the land
has been rendered uninhabitable by fire, storm or other calamity over
which the homeowner has no control. The said mobile home or travel
trailer may only be used as a temporary residence by the landowner
or his employees, and it must be removed from the land within one
year of its placement or when a certificate of occupancy has been
issued for the residence upon its reconstruction or rehabilitation,
whichever is earlier.
[Amended 11-8-2004 by L.L. No. 13-2004]
(b)
The Code Enforcement Officer may grant a permit to the owner of a farm to set up not more than two mobile homes to be occupied only by full-time farm workers and their families, who are employed either by the owner or by a tenant of such farm, provided that such tenant is engaged in the operation of such farm, and provided that the mobile homes are located on a lot of at least 100 feet by 150 feet and no closer than 15 feet to the farmhouse or any farm buildings, and provided that the lot is free from drainage problems and fenced off from farm animals, and provided further that the mobile homes comply with the provisions of § 250-24D(3). If the mobile home is not occupied for a period of more than 90 consecutive days by a full-time farm worker who works on the premises, the permit becomes void.
(2)
No mobile home or travel trailer shall be parked or allowed to remain
upon any street, highway or other public place, except that emergency
stopping or parking, when caused by mechanical failure, shall be permitted
upon the shoulder of any street or highway for a period of not more
than 72 hours, subject, however, to any prohibition or limitation
imposed by other regulations or laws.
(3)
Placement of mobile homes on lot.
(a)
A mobile home outside a mobile home park shall meet the required
setback and side yard requirements of the district in which it is
located.
(b)
No mobile home shall be placed less than 15 feet from any other
existing or proposed building.
(c)
Any mobile home parked or placed outside a mobile home park shall have water and sewer service as required by § 250-24A(6).
E.
Preexisting mobile homes. A mobile home which is lawfully in existence
prior to February 18, 1969 (Note: date of enactment of original trailer
ordinance), but not located in a mobile home park, may be continued
to be used as living quarters by its occupants, provided that it is
on the tax rolls as of the effective date of this section.
F.
Exceptions. None of the provisions of the mobile home or travel trailer
subsections shall be applicable to the following:
(1)
The business of mobile home or travel trailer sales, unless they
are used for living quarters.
(2)
The storage or garaging of mobile homes or travel trailers not being
used for living or sleeping purposes within a building or structure
or the storage of one unoccupied travel trailer on premises occupied
as the principal residence by the owner of such travel trailer; provided,
however, that such unoccupied travel trailer shall be parked or located
on the side or rear driveway of such premises and shall meet setback
requirements for the district.
(3)
The temporary parking of one occupied travel trailer on any residential lot. For the purposes of this section, "temporary" shall mean not longer than 30 days in any year. The location of the travel trailer shall meet the requirements of § 250-24F(2).
(4)
A mobile home or travel trailer located on the site of a construction
project, survey project or other similar work project and which is
used solely as a field office or workhouse or toolhouse in connection
with such project, provided that such mobile home or travel trailer
is removed from such site within 10 days after the completion of such
project.
No burial or memorial plots or buildings shall be located closer
than 50 feet to any residential lot line, except that when a dense
evergreen hedge or a wall or landscaped strip, at least six feet in
height, providing complete visual screening from all adjacent residential
property is provided, burial or memorial plots less than six feet
in height may be located no closer than 20 feet to any residential
lot line.
No person shall undertake to construct any new building or structure
in the Town of Kinderhook without first meeting the requirements for
a system or facilities for the separate disposal of waterborne sewage
or domestic or trade wastes in accordance with applicable regulations
of the Town, the Columbia County Department of Health and other governmental
authorities. New seepage pits are prohibited.
In order to promote the health and general welfare of the community and to preserve and make available open space outside the Prime Farmland Overlay District, the Town Planning Board may grant a developer the right to subdivide a parcel of land according to the conservation subdivision principles and procedures. See Chapter 215, Subdivision of Land, Article IV, of the Town of Kinderhook Code.
A.
The areas of the municipality which are subject to periodic inundation
as delineated on or identified by the National Federal Insurance Administration
(or Federal Engineering Management Agency) in a scientific and engineering
report entitled the "Federal Insurance Study of the Town of Kinderhook,"
dated the first day of June, 1982, with the accompanying Flood Insurance
Rate Map and flood boundaries and any revisions thereto, which study
is on file with the Town Clerk of the Town of Kinderhook, be and hereby
are designated as Floodplain Districts.
B.
In the Floodplain Districts, no structure shall be erected, constructed, reconstructed, altered, located, extended, converted or moved without full compliance with the terms of Chapter 134 of the Code of the Town of Kinderhook. The Floodplain Districts, which are indicated and delineated as any area of special flood hazard established pursuant to the study above mentioned, are considered to be superimposed by this section upon the zoning district existing at the time of the enactment of this section or at the time that Floodplain Districts were first established in the Town of Kinderhook. The only uses permitted in the Floodplain Districts, either by right, conditionally or by special permit, are those uses prescribed in the districts over which Floodplain Districts are superimposed. In addition to any compliance required by Chapter 134 of this Code of the Town of Kinderhook, the approvals required by the general provisions of this chapter shall also apply.
C.
An application made involving the use of any land within the Floodplain Districts must comply and shall be governed by the provisions of Chapter 134 of the Code of the Town of Kinderhook.
D.
In order to prevent erosion and protect stream water quality, all
new structures must be set back 100 feet from the center of any year-round
stream having no mapped floodplain. Natural vegetation shall be retained
in this setback.
A.
General provisions. As used in this section, the term "special use
permit" shall mean an authorization of a particular land use which
is permitted in this chapter, subject to requirements imposed by this
chapter to assure that the proposed use is in harmony with such chapter
and will not adversely affect the neighborhood if such requirements
are met. Any addition to or enlargement of such use will require a
separate special use permit for each addition or enlargement. Special
use permits shall be granted by the Planning Board.
B.
Required plan. A plan for the proposed development of a site shall
be submitted along with 10 copies of the required plan and the application
for a special use permit to the Planning Board. Such plan shall include
the following:
[Amended 7-11-2005 by L.L. No. 8-2005]
(2)
An agricultural data statement, if required under § 305-a
of the New York State Agriculture and Markets Law.
(3)
An environmental assessment form or draft environmental impact statement.
(4)
The special use permit fee, as may be established by the Town Board.
(5)
A brief narrative describing the proposed use.
(6)
A plot plan, drawn to scale, with accurate dimensions, providing
information on the location of all buildings, parking areas, traffic
access and circulation drives, open spaces, landscaping and any other
pertinent information that may be necessary to determine if the proposed
special use meets the requirements of this chapter.
C.
Procedure.
(1)
In each case where a proposed building or use requires a special use permit, as described in § 250-7, the Building Inspector shall refer the required plan for such proposal to the Planning Board for review before issuing a building permit.
(2)
Before filing an application, an informal meeting with the Planning
Board is highly recommended to discuss the nature of the proposed
use and to determine the information that will need to be submitted.
(3)
Upon receipt of all application materials, the Planning Board shall
initiate the New York State Environmental Quality Review Act[1] process by following the procedures described in Section
617.6 of Title 6 of the New York Codes, Rules and Regulations of the
State of New York.
[1]
Editor's Note: See Art. 8 of the Environmental Conservation
Law.
(4)
Upon receipt of application materials it deems to be complete, the
Planning Board shall refer to the Columbia County Planning Board any
application for a special use permit affecting real property within
500 feet of the boundary of any city, village or town; the boundary
of any existing or proposed county or state park or any other recreation
area; the boundary of any existing or proposed right-of-way of any
stream or drainage channel owned by the county or for which the county
has established channel lines; the boundary of any existing or proposed
county- or state-owned land on which a public building or institution
is situated; or the boundary of a farm operation located in an agricultural
district, as defined by Article 25-AA of the Agriculture and Markets
Law. No action shall be taken on applications referred to the Columbia
County Planning Board until its recommendation has been received or
30 days have elapsed after its receipt of the complete application.
A majority plus one vote of the Planning Board shall be required to
grant any special use permit that receives a recommendation of disapproval
from the Columbia County Planning Board.
(5)
The Planning Board shall conduct a public hearing within 62 days
from the day a complete application for a special use permit is made.
Public notice of the hearing shall be printed in the newspaper of
general circulation in the Town at least 10 days prior to the date
of the hearing. The Planning Board shall grant, deny, or grant with
conditions the application within 62 days after the hearing. The time
within which the Planning Board must render its decision may be extended
by mutual consent of the applicant and the Planning Board.
(6)
Whenever the Planning Board grants a special use permit, appropriate
conditions and safeguards and/or time limitations may be attached
thereto. Such conditions and restrictions must be directly related
to and incidental to the proposed special use permit. Upon its granting
of a special use permit, any such conditions must be met in connection
with the issuance of permits by the Building Inspector or Code Enforcement
Officer of the Town of Kinderhook.
(7)
The Planning Board shall file its decision with the Town Clerk within
five business days after the decision is rendered. A copy of the decision
shall be mailed to the applicant.
(8)
Any special use permit which is not exercised within one year from
the date of issuance is hereby declared to be revoked without further
hearing by the Planning Board.
(9)
The Planning Board may adopt such rules and regulations as it deems
necessary and consistent with the provisions of this subsection to
exercise the power granted herein.
(10)
Application for area variance. Notwithstanding any provision
of law to the contrary, where a proposed special use permit contains
one or more features which do not comply with this chapter, application
may be made to the Zoning Board of Appeals for an area variance without
the necessity of a decision or determination by the Building Inspector.
D.
Decisionmaking. Before issuing a special use permit, the Planning
Board shall take into consideration the public health, safety, morals
and welfare and shall assure itself of the following:
(1)
That there shall be no detrimental effect by the establishment of
such use on other uses within the district.
(2)
That such use will be in harmony with the orderly development of
the district and that the location, nature and height of buildings,
walls, fences and parking areas will not discourage the appropriate
development and use of adjacent lands.
(3)
That all structures, equipment and materials shall be reasonably
accessible for fire and police protection.
(4)
That the use meets the prescribed requirements for the district in
which located, including minimum yard requirements for the district
in which located or as further specified in this section, and including
maximum height, required off-street parking and sign regulations.
(5)
That no undesirable change will be produced in the character of the
neighborhood or that negative impacts to nearby properties or to the
environment will be created by granting of the special use permit.
(6)
That there is suitability of the property for the proposed use, considering
its size, topography, vegetation, soils, hydrology and, if appropriate,
its ability to be buffered or screened from neighboring properties
and public roads.
E.
Prescribed standards for certain uses. In addition to the above general
provisions, the following uses shall comply with the following prescribed
standards:
(1)
Farm markets. The purpose of this section is to protect and regulate the establishment and operation of farm markets, as defined in § 250-2, so they may continue to be a resource for farmers and tourism for the Town of Kinderhook.
(a)
The size of the retail portion of the farm markets must not
exceed 1,600 square feet.
(b)
At least 75% of the retail floor area must be utilized for the
sale of agricultural, dairy or horticultural products.
(c)
No more than 25% of the retail floor area can be utilized for
the sale of complimentary goods.
(d)
Farm markets can offer either preharvested or customer-picked
products.
(e)
Minimum parking requirements are one space for 100 square feet
of retail floor space.
(f)
Parking lots shall have a surface cover of either gravel or
crushed stone.
(2)
Hospital, nursing home, convalescent home, sanatorium, institution
or philanthropic use.
(a)
The total building area shall not exceed a lot coverage of 30%.
(b)
Primary access to such use shall not be a minor street or any
other street designed to serve primarily as access to abutting residential
properties.
(c)
Off-street parking areas and outdoor storage areas shall be
screened from adjacent residential properties. Any lighting shall
be so arranged as not to cause glare on adjacent properties.
(d)
No building shall be located within 100 feet of any lot line.
(3)
Hotel, restaurant, bar or nightclub, skating rink, theater, concert
hall or commercial recreation uses.
(a)
Primary access to such use shall not be a minor street or any
other street designed to serve primarily as access to abutting residential
properties, but shall be by means of a collector street, arterial
street, state highway or county road.
(b)
Such use shall meet the off-street parking requirements of this
chapter. Such off-street parking and lighting in connection with such
use shall be screened and shielded from adjacent residential properties.
(c)
No building shall be located closer than 100 feet to any lot
line.
(4)
Camps.
(a)
The water supply and sewage disposal systems shall comply with
the codes, ordinances and regulations of the appropriate authorities.
(b)
No structure shall be located within 100 feet of a side or rear
property line nor within 50 feet of a street right-of-way line.
(c)
One off-street parking space shall be provided for each five
persons of capacity, and one additional space shall be provided for
each two employees.
(d)
A swimming pool or recreational activity shall not be located
closer than 100 feet to a side or rear property line nor within the
required front yard and shall be screened by a stand of trees, fence,
hedge or wall from adjacent properties to the sides and rear.
(5)
Two-family dwelling, multifamily dwelling or boardinghouse.
(a)
There shall be off-street parking provided on the same lot as
the principal use at least equal to the minimum requirements specified
by this chapter. Off-street parking accessory to a multifamily dwelling
shall not be located in a front yard or side yard abutting a street
and shall be screened from adjacent properties.
(b)
There shall be a finding that the water supply and sewage disposal
system shall be adequate to serve the use.
(c)
The primary access to a multifamily dwelling shall not be a
minor street designed to serve primarily as access to single-family
residential units, but shall be by means of a collector street, arterial
street, county road or state highway.
(d)
Two-family dwellings, multifamily dwellings and boardinghouses
shall meet the minimum specified front yard, side yard, rear yard,
coverage and maximum height requirements specified on the Density
Control Schedule[2] for the district in which located.
[2]
Editor's Note: The Density Control Schedule is included at
the end of this chapter.
(e)
Signs accessory to a multifamily dwelling shall comply with the regulations in § 250-23A(2).
(6)
Airports and flying fields. In addition to the standards specified in Subsection C of this section, there shall be a finding that such airport or flying field shall not cause a hazard to or be detrimental to nearby properties and buildings, both in the Town and adjacent municipalities, considering the location of buildings accessory to the airport or flying field, approach and takeoff patterns and lights.
(7)
Electric or gas utility substations, transformer stations, water
or sewage pumping stations and other similar structures.
(a)
Such use is reasonably necessary for the service, convenience
or welfare of the public and cannot be located in another district.
(b)
Such use will not alter or be detrimental to the character of
the neighborhood.
(c)
Such use has adequate fences and other safety devices and adequate
screening or landscaping.
(8)
Excavation for soil mining. Excavation for the purpose of soil mining, such as gravel pits, quarrying or any subsoil removal shall be allowed only by special use permit in the I-1 Districts and shall also be allowed as an accessory use to an agricultural use in the AR District, all subject to § 250-19 and upon the following conditions:
(a)
The minimum lot size for an extractive operation in the AR District
is 7 1/2 acres.
(b)
The minimum front, side and rear yard setback for an extractive
operation in the AR Zone is 250 feet, measured from the property line
to the closest part of the edge of the extractive operation.
(c)
No such extractive operation or soil mining in the AR Zone shall
be permitted unless the same has frontage on or is accessed by a highway
maintained by the State of New York or County of Columbia.
(d)
Extractive operation and soil mining shall only be allowed as
an accessory use to a farm in the AR Zone. For the purpose of this
section, the term "farm" shall be as defined by the New York State
Agriculture and Markets Law and consisting of at least 10 acres in
size and generating at least $10,000 in annual gross income from agricultural
activities. The total amount of material sold for off-premises consumption
under this subsection in any twelve-month period shall not exceed
750 cubic yards. The applicant and the permittee claiming this exemption
must be the property owner of the land upon which the extractive operation
or mine is located.
(e)
Before a special permit is issued, the applicant shall submit
to the Planning Board seven copies of a map, at a scale of one inch
equals no more than 100 feet, showing all land within 200 feet thereof,
with exact locations of all buildings, streets, utilities, wells,
drainage or other easements, watercourses, lot lines, block and lot
numbers and names of the landowners. Such map shall also show the
present topography at two-foot contour intervals. The map shall be
signed by licensed engineer.
[Amended 9-9-2002 by L.L. No. 2-2002]
(f)
The applicant shall also submit to the Planning Board seven
copies of the proposed plan of excavation, at the same scale as above,
showing the proposed finished elevations at one-foot contour intervals
and the proposed drainage plan.
[Amended 9-9-2002 by L.L. No. 2-2002]
(g)
Rock crusher, cement plant or other crushing, grinding, polishing
or cutting machinery or other physical or chemical process for treating
the product of such excavation shall be prohibited.
(h)
The proposed finished grading plan shall show the land to be
graded.
(i)
When considering a request for a special permit for extractive
operations and soil mining activities, the Planning Board shall take
into consideration the following:
[1]
Entrances and exits on a locally controlled road.
[2]
Setbacks from other property and public rights-of-way.
[3]
Dust control and noise control so as not to impact surrounding
properties.
[4]
Natural or man-made barriers or screening to control dust or
noise, as well as to limit the visual impacts from such activity.
(j)
The applicant shall be required to furnish a performance bond,
in an amount determined by the Town Engineer to be sufficient to guarantee
completion of the finished grading, drainage plan and all reclamation.
Such bond shall be released only upon certification by the Town Engineer
that all requirements, including the finished grading, reclamation
and drainage, have been complied with.
(k)
No special permit for excavation operations or soil mining shall
be granted for a period of more than three years, but such permit
may be extended for an additional two years upon approval of the Planning
Board.
(l)
Upon approval, one copy of the approved excavation plan shall
be returned to the applicant by the Town Clerk, together with the
special permit and payment of engineering and inspection fees necessary
to pay for the cost of the Town Engineer to inspect the permitted
activity at least once annually.
(m)
The Town Engineer and Code Enforcement Officer shall have the
right to access any permitted extractive operation or mine upon reasonable
notice for the purpose of verifying compliance with any condition
of any permit. Any violation will result in the immediate suspension
of extractive or mining activities. In addition to any fine for any
violation, the applicant also agrees to pay to the Town any costs
incurred for inspecting any alleged violation.
(11)
Golf driving range or miniature golf range.
(a)
A golf driving range shall be so laid out that there will be
no danger to surrounding properties or to traffic on any street and
shall be suitably fenced to assure protection.
(b)
One off-street parking space shall be provided for each golf
driving tee and each hole in a miniature golf range.
(c)
Screening shall be provided along all side and rear lot lines,
of a character and depth deemed necessary to screen buildings, structures,
lights and signs from adjacent residences.
(13)
Bed-and-breakfast.
(a)
Such a use must comply with all regulations of the Columbia
County Department of Health.
(b)
In addition to the required lot size, there shall be an additional
10,000 square feet for each bedroom let to guests.
(c)
There shall be one parking space for each guest room, which
parking space shall be located in the rear or side yards of the lot.
(d)
The property and structure sought to be used as a bed-and-breakfast
shall be the primary residence of the owner.
(e)
A bed-and-breakfast shall be entitled to one sign not larger
than two square feet.
(f)
There shall be no exterior lighting or illumination that conflicts
with the neighboring property.
F.
Additional conditions. In issuing a special use permit, the Planning
Board may require any walls, fences or landscaping or attach such
conditions as it deems necessary to protect the value of adjacent
properties or to prevent any hindering of the appropriate use of adjacent
land.
G.
Required findings.
(1)
The Planning Board shall not issue a special use permit unless it
makes a written finding that the proposed use, if conducted pursuant
to the conditions attached to the special use permit, will satisfy
the standards for the use and the zoning district. If the Planning
Board cannot make such a finding, it shall deny the special use permit
application.
[Amended 9-9-2002 by L.L. No. 2-2002; 11-6-2014 by L.L. No.
1-2014]
A.
The requirements of this section shall apply to all accessory apartments
proposed, modified or constructed after the effective date of this
section. Accessory apartments existing as of the effective date of
this section shall be exempt from these regulations; however, future
modifications to an accessory apartment which require the issuance
of a building permit after the effective date of this section shall
be required to comply with this section.
B.
Permits.
(1)
No accessory apartment shall be constructed, reconstructed, modified,
or operated in the Town of Kinderhook without obtaining a special
use permit from the Town of Kinderhook Planning Board.
(2)
Upon receipt of a special use permit from the Planning Board, no
construction, reconstruction, or modification of an accessory apartment
shall take place until the applicant has obtained a building permit
in conformity with the NYS Building Code and this Zoning chapter.
(3)
No individual shall reside, utilize or occupy an accessory apartment
without a certificate of occupancy issued by the Town of Kinderhook.
C.
Applications. Applications for a special use permit for an accessory
apartment shall include:
(1)
Name,
address, telephone number of the applicant. If the applicant will
be represented by an agent, the name, address and telephone number
of the agent, as well as an original signature of the applicant authorizing
the agent to represent the applicant is required.
(2)
Dimensions,
number of stories and square footage of the existing dwelling unit.
(3)
Dimensions,
number of stories and square footage of the proposed accessory apartment.
(4)
The
total number of bedrooms to be constructed in the accessory apartment.
(5)
The
total number of bedrooms in the existing primary dwelling unit.
(6)
Scaled
plot plan showing the location of the existing structure and the accessory
apartment to be constructed, parking layout. square footage of the
construction or alteration, floor plan of the accessory apartment,
setback distance to adjacent parcels, and location and number of exits.
(7)
Applicant
shall demonstrate that the proposed construction, alteration or modification
meets all of the applicable regulations set forth in the NYS Building
Code.
(8)
Such
other reasonable information as way be requested by the Planning Board
in review of the accessory apartment application.
D.
Development standards. All accessory apartments shall comply with
the following standards. Additionally, accessory apartments shall
also comply with all the requirements established by other sections
of this Zoning chapter that are not in conflict with the requirements
contained in this section:
(1)
The
accessory apartment shall have a minimum of 500 square feet of net
floor area and shall not exceed a maximum of (75%) of the square footage
of the primary dwelling unit; however, in no event shall the square
footage of an accessory apartment exceed 1,500 square feet.
(2)
Only
one accessory apartment per parcel shall be permitted.
(3)
An
accessory apartment may have no more than two bedrooms.
(4)
An
accessory apartment does not require a minimum lot size, provided
all setback requirements for a single-family residence are met.
(5)
An
accessory apartment shall be located within the primary single-family
dwelling structure or as all accessory structure. An accessory apartment
shall be created through the internal conversion of an existing housing
structure or the addition of on accessory apartment to the principal
dwelling structure or construction of an accessory structure.
(6)
Either
the principal dwelling unit or the accessory apartment must be occupied
by the owner of the parcel of real properly.
(7)
Off-street
parking shall be provided as follows:
(a)
A minimum of two spaces for the principal dwelling unit;
(b)
A minimum of one space for the accessory apartment;
(c)
Parking spaces must be surfaced in a manner consistent with the neighborhood;
(d)
Parking spaces must not impede, impair and/or otherwise affect the
maintenance or future development of public roadways, nor require
the backing of an automobile onto a public roadway;
(e)
Parking spaces must comply with all other parking design standards
of the Town or Kinderhook.
(8)
An
accessory apartment must be serviced by a sewage disposal system approved
by the Columbia County Board of Health, and have potable water. If
both the accessory apartment and the primary residence are to be served
by the same septic system, the applicant must demonstrate that there
is sufficient capacity for both such uses.
(9)
Adequate
design and provision for dealing with stormwater and drainage issues.
(10)
No exterior changes shall be made to the primary dwelling unit or
accessory apartment which do not conform with the character of the
neighborhood.
(11)
Compliance with the applicable provisions of the NYS Building Code
in relation to the design and construction of the accessory apartment.
[Amended 12-19-2007 by L.L. No. 7-2007]
The purpose of this section is to provide standards for the
safe provision of telecommunications consistent with applicable federal
and state regulations; to minimize the total number of telecommunications
towers in the community by encouraging shared use of existing and
future towers; and to minimize the adverse visual effects of telecommunications
towers by requiring careful siting, visual impact assessment and appropriate
landscaping.
A.
ACCESSORY FACILITY OR STRUCTURE
APPLICANT
ANTENNA
CO-LOCATION
COMMERCIAL IMPRACTICABILITY or COMMERCIALLY IMPRACTICABLE
COMPLETED APPLICATION
FAA
FCC
HEIGHT
MODIFICATION or MODIFY
NIER
PERSON
PERSONAL WIRELESS FACILITY
PERSONAL WIRELESS SERVICES or PWS or PERSONAL TELECOMMUNICATIONS
SERVICES or PCS
PLANNING BOARD
REPAIRS and MAINTENANCE
SPECIAL USE PERMITS
STATE
STEALTH or STEALTH TECHNOLOGY
TELECOMMUNICATIONS
TELECOMMUNICATIONS SITE
TELECOMMUNICATIONS STRUCTURE/ANTENNA
TOWER
WIRELESS TELECOMMUNICATIONS FACILITIES
Definitions. For purposes of this section, and where not inconsistent
with the context of a particular section, the defined terms, phrases,
words, abbreviations, and their derivations shall have the meanings
given in this section. Only when not inconsistent with the context,
words in the present tense include the future tense, words used in
the plural number include words in the singular number, and words
in the singular number include the plural number. The word "shall"
is always mandatory and not merely directory. Definitions shall apply
to this section only.
An accessory facility or structure serving or being used
in conjunction with wireless telecommunications facilities and located
on the same property or lot as the wireless telecommunications facilities,
including but not limited to utility or transmission equipment storage
sheds or cabinets.
Any wireless service provider submitting an application for
a special use permit for wireless telecommunications facilities.
A system of electrical conductors that transmits or receives
electromagnetic waves or radio frequencies or other wireless signals.
The use of an existing tower or structure to support antennas
for the provision of wireless services by more than one provider.
The inability to perform an act on terms that are reasonable
in commerce, the cause or occurrence of which could not have been
reasonably anticipated or foreseen and that jeopardizes the financial
efficacy of the project. The inability to achieve a satisfactory financial
return on an investment or profit, standing alone, shall not deem
a situation to be commercial impracticable.
An application that contains all information and/or data
necessary to enable an informed decision to be made with respect to
an application.
The Federal Aviation Administration, or its duly designated
and authorized successor agency.
The Federal Communications Commission, or its duly designated
and authorized successor agency.
When referring to a tower or structure, the distance measured
from the preexisting grade level to the highest point on the tower
or structure, even if said highest point is an antenna or lightning-protection
device.
The addition, removal or change of any of the physical and
visually discernible components or aspects of a wireless facility,
such as antennas, cabling, equipment shelters, landscaping, fencing,
utility feeds, changing the color or materials of any visually discernible
components, vehicular access, parking and/or an upgrade or change-out
of equipment for better or more modern equipment. Adding a new wireless
carrier or service provider to a telecommunications tower or telecommunications
site as a co-location is a modification. A modification shall not
include a replacement that is identical to the component being replaced
or any matters that involve the normal repair and maintenance of a
wireless facility without adding, removing or changing anything.
Nonionizing electromagnetic radiation, such as radio waves
emitted from a transceiver or mobile phone.
Any individual, corporation, estate, trust, partnership,
joint-stock company, association of two or more persons having a joint
common interest, or any other entity.
See definition for "wireless telecommunications facilities."
The same meaning as defined and used in the 1996 Telecommunications
Act.
The Planning Board of the Town of Kinderhook.
The replacement of any components of a wireless facility
where the replacement is identical to the component being replaced
or for any matters that involve the normal repair and maintenance
of a wireless facility without the addition, removal or change of
any of the physical or visually discernible components or aspects
of a wireless facility that will add to the visible appearance of
the facility as originally permitted.
The State of New York.
To minimize adverse aesthetic and visual impacts on the land,
property, buildings, and other facilities adjacent to, surrounding,
and in generally the same area as the requested location of such wireless
telecommunications facilities, which shall mean using the least visually
and physically intrusive facility that is not technologically or commercially
impracticable under the facts and circumstances.
The transmission and/or reception of audio, video, data,
and other information by wire, radio frequency, light, and other electronic
or electromagnetic systems.
See "wireless telecommunications facilities."
A structure used in the provision of services described in
the definition of "wireless telecommunications facilities."
Any structure designed primarily to support an antenna for
receiving and/or transmitting a wireless signal.
Includes a "telecommunications site" and "personal wireless
facility." It means a structure, facility or location designed, or
intended to be used as, or used to support antennas or other transmitting
or receiving devices. This includes, without limit, towers of all
types and kinds and structures, including but not limited to buildings,
church steeples, silos, water towers, signs or other structures that
can be used as a support structure for antennas or the functional
equivalent of such. It further includes all related facilities and
equipment such as cabling, equipment shelters and other structures
associated with the site. It is a structure and facility intended
for transmitting and/or receiving radio, television, cellular, SMR,
paging, 911, personal communications services (PCS), commercial satellite
services, microwave services and any commercial wireless telecommunications
service not licensed by the FCC.
B.
Applicability. No telecommunications tower, except those in existence
with a current approved FCC license prior to the effective date of
this section, shall be used unless in conformity with these regulations.
Existing towers shall provide proof of current FCC license. No telecommunications
tower shall hereafter be erected, moved, reconstructed, changed or
altered unless in conformity with these regulations. No existing structure
shall be modified to serve as a telecommunications tower unless in
conformity with these regulations. Municipality owned facilities/lands
within the Town may be used to serve as telecommunications towers
without an application submission.
C.
Application. An applicant proposing either the shared use of an existing
tower or structure or a new telecommunications tower shall be required
to submit to the Town Code Enforcement Officer the following:
(1)
A completed application for a special use permit; documentation that
demonstrates the need for the telecommunications facility to provide
service primarily within the Town. Such documentation shall include
propagation studies of the proposed site and all adjoining planned,
proposed or existing sites that demonstrates a significant gap in
coverage.
(2)
In the case of shared use of an existing tower or structure, documentation
or permission from the owner of the existing facility to allow the
shared use (including multidirectional elevation drawings).
(3)
A site plan that shows all existing and proposed structures and improvements,
including antennas, roads, buildings, guy wires and anchors, parking
and landscaping, and shall include grading plans for new facilities
and roads. Any methods used to conceal the modification of the existing
facility shall be indicated on the site plan. The site plan shall
show the location of residential structures within 500 feet of the
proposed facility's property lines. For new structures, the site plan
shall describe the proposed tower and antennas and all related fixtures,
structures, appurtenances, dimensions, and apparatus, including height
above preexisting grade, materials, color and lighting.
(4)
In the case of shared use, an engineer's report certifying that
the proposed shared use will not diminish the structural integrity
and safety of the existing tower or structure and explaining what
modifications, if any, will be required in order to certify the above.
(5)
A completed long environmental assessment form (EAF) and a completed
visual EAF addendum.
(6)
A copy of its Federal Communications Commission license for applicable
use.
D.
Visual impact assessment. The Planning Board will require the applicant
to undertake a visual impact assessment at his/her cost, which may
include:
(1)
A zone of visibility map shall be provided in order to determine
locations where the tower may be seen.
(2)
Pictorial representations of before and after views from key viewpoints
both inside and outside of the Town, including but not limited to
state highways and other major roads, state and local parks, preserves
and historic sites and from any other location where the site is visible
to a large number of visitors or travelers.
(3)
Prior to a public hearing on the application, a balloon or crane
test shall be held. The applicant shall arrange to raise upon a temporary
mast a brightly colored balloon, measuring a minimum of three feet
in diameter, to a height and for a period to be determined by the
Planning Board. Notice shall be provided to Town residents. The dates
(including a second date, in case of poor visibility on the initial
date), times and location of this balloon test shall be advertised
by the applicant seven and 14 days in advance of the first test date
in a newspaper of general circulation in the Town. The applicant shall
inform the Town, in writing, of the dates and times of the test at
least 14 days in advance. The balloon shall be flown for at least
four consecutive hours sometime between 7:00 a.m. and 4:00 p.m. on
the dates chosen. The primary date shall be on a weekend, but in case
of poor weather on the initial date, the secondary date may be on
a weekday. A report with pictures from various locations of the balloon
shall be provided with the application.
E.
Permitted locations. Telecommunications towers are allowed only in
I-1 Light Industrial Zoning Districts with a special use permit.
F.
Shared use of existing towers. At all times, shared use of existing
towers shall be preferred to the construction of new towers. The Board
may consider a new telecommunications tower when the applicant demonstrates
that shared use of an existing tower or structure is impractical.
G.
Shared use of new towers. The applicant shall design a proposed new
telecommunications tower to accommodate future demand for reception
and transmitting facilities. The applicant shall submit to the Board
a letter of intent committing the owner of the proposed new tower
and his/her successors in interest to negotiate in good faith for
shared use of the proposed tower by other telecommunications providers
in the future. This letter shall be filed with the Code Enforcement
Officer prior to the issuance of a building permit. Failure to abide
by the conditions outlined in the letter may be grounds for revocation
of the special use permit. The letter shall commit the new tower owner
and his/her successors in interest to:
(1)
Respond within 90 days to a request for information from a potential
shared-use applicant.
(2)
Negotiate in good faith concerning future requests for shared use
of the new tower by other telecommunications providers.
(3)
Allow shared use of the new tower if another telecommunications provider
agrees, in writing, to pay reasonable charges. The charge may include
but is not limited to a pro rata share of the cost of site selection,
planning, project administration, land costs, site design, construction
and maintenance financing, return on equity and depreciation and all
of the costs of adapting the tower or equipment to accommodate a shared
user without causing electromagnetic interference.
H.
New tower design. Alternate designs shall be considered for new towers,
including lattice and single-pole structures. The design of a proposed
new tower shall comply with the following:
(1)
Any new tower shall be designed to accommodate future shared use
by other telecommunications providers.
(2)
Unless specifically required by other regulations, a tower shall
have a finish (either painted or unpainted) that minimizes its degree
of visual impact.
(3)
The maximum height of any new tower shall not exceed that which shall
permit operation without artificial lighting of any kind or nature,
in accordance with municipal, state and/or federal law and/or regulation.
The Board, at its discretion, may modify this requirement if the applicant
can justify the need to exceed this height limitation. Notwithstanding,
the maximum height shall be justified by coverage needs demonstrated
by propagation studies.
(4)
The Board may request a review of the application by a qualified
engineer, at the applicant's expense, in order to evaluate the
need for and the design of any new tower.
(5)
Accessory structures shall maximize the use of building materials,
colors and textures designed to blend with the natural surroundings.
(6)
No portion of any tower or accessory structure shall be used for
a sign or other advertising purpose, including but not limited to
company name, phone numbers, banners, etc.
(7)
All antennas, towers, and other supporting structures, including
guy anchor points and wires, shall be made inaccessible to unauthorized
individuals and constructed or shielded in such a manner that they
cannot be climbed or collided with. Operation and service by authorized
persons is permitted.
I.
Site requirements.
(1)
Lot size and setbacks. All proposed telecommunications towers and
accessory structures shall be located on a single parcel and shall
be set back from adjoining parcels and street lines a distance sufficient
to substantially contain on site all icefall or debris from tower
failure and preserve the privacy of any adjoining residential properties.
Such setback from the property line shall be no less than 1.5 times
the height of the tower.
(a)
Lot size of parcels containing a tower shall be determined by
the amount of land required to meet the setback requirements. If the
land is to be leased, the entire area required shall be leased from
a single parcel, unless the Planning Board determines that this provision
may be waived.
(b)
Telecommunications towers shall comply with all existing requirements
of the underlying zoning districts or shall be located with a minimum
setback from any property line equal to or greater than the height
of the tower, whichever is greater. Accessory structures shall comply
with the minimum setback requirements in the underlying zoning district.
(2)
Existing vegetation. Existing on-site vegetation shall be preserved
to the maximum extent possible. No cutting of trees exceeding four
inches in diameter (measured at a height of four feet off the ground)
shall take place prior to the approval of the special permit.
(3)
Screening. Deciduous or evergreen tree plantings may be required
to screen portions of the tower and accessory structures from nearby
residential property, as well as from public sites known to include
important views of vistas. Where a site abuts a residential property
or public property, including streets, screening shall be required.
(4)
Access. Adequate emergency and service access shall be provided.
Maximum use of existing roads, public or private, shall be made. Road
construction shall, at all times, minimize ground disturbance and
vegetation cutting to within the top of fill, the top of cuts or no
more than 10 feet beyond the edge of any pavement. Road grades shall
closely follow natural contours to assure minimal visual disturbance
and reduce soil erosion potential.
(5)
Parking. Parking shall be provided to assure adequate emergency and
service access. The Board shall determine the number of required spaces
based upon a recommendation from the applicant. No parking spaces
shall be located in any required yard.
(6)
Fencing. The tower and any accessory structure shall be adequately
enclosed by a fence, design of which shall be approved by the Board.
This requirement may be waived by the Board if the applicant demonstrates
that such measures are unnecessary to ensure the security of the facility.
(7)
Removal. The applicant shall submit to the Board a letter of intent committing the tower owner and his/her successors in interest to notify the Code Enforcement Officer within 30 days of the discontinuance of use of the tower. This letter shall be filed with the Code Enforcement Officer prior to issuance of a building permit. Obsolete or unused towers and accessory structures shall be removed from any site within four months of such notification. Failure to notify and/or to remove the obsolete or unused tower in accordance with these regulations shall be a violation of this chapter and shall be punishable according to § 250-65.
(8)
It shall be demonstrated that the proposed wireless facility will
be sited and constructed so as to be the least visually intrusive.
This may require enclosure, screening and/or camouflage.
J.
Notification.
(1)
Intermunicipal notification of new towers. In order to keep neighboring
municipalities informed and to facilitate the possibility of directing
that an existing structure or telecommunications tower in a neighborhood
municipality be considered for shared use, the Board shall require
the following:
(a)
An applicant who proposes a new telecommunications tower shall
notify, in writing, the Mayor or Supervisor of each municipality that
borders the Town of Kinderhook. Notification shall include the exact
location of the proposed tower and a general description of the project,
including but not limited to the height of the tower and its capacity
for future shared use.
(b)
Documentation of this notification shall be submitted to the
Board at the time of application.
(2)
Notification of nearby landowners. The applicant shall be required
to mail notice of the public hearing directly to all landowners whose
property is located within 1,500 feet of the property line of the
parcel on which a new tower is proposed. Notification, in all cases,
shall be made by certified mail. Documentation of this notification
shall be submitted to the Board prior to the public hearing.
K.
Retention of expert assistance and reimbursement by applicant.
(1)
The Town may hire any consultant and/or expert necessary to assist
the Town in reviewing and evaluating the applicant, including the
construction and modification of the site, when granted a permit,
and any site inspections.
(2)
An applicant shall deposit with the Town funds sufficient to reimburse
the Town for all reasonable costs of consultant and expert evaluation
and consultation to the Town in connection with the review of any
application, including the construction and modification of the site,
once.
L.
Performance security. The applicant and the owner of record of any
proposed wireless telecommunications facilities property site shall,
at its cost and expense, be jointly required to execute and file with
the Town a bond, or other form of security acceptable to the Town
as to type of security and the form and manner of execution, in an
amount as determined by the Town Planning Board. The full amount of
the bond or security shall remain in full force and effect throughout
the term of the special use permit and/or until any necessary site
restoration is completed to restore the site to a condition comparable
to that which existed prior to the issuance of the original special
use permit.
M.
Insurance requirements.
(1)
A holder of a special use permit for wireless telecommunications
facilities shall secure and at all times maintain public liability
insurance for personal injuries, death and property damage and umbrella
insurance coverage for the duration of the special use permit in amounts
as set forth below:
(2)
For a wireless telecommunications facility on Town property, the
commercial general liability insurance policy shall specifically include
the Town and its officers, councils, employees, committee members,
attorneys, agents and consultants as additional insureds.
N.
Under the following circumstances, the Town may determine that the
health, safety, and welfare interests of the Town warrant and require
the removal of wireless telecommunications facilities:
(1)
Wireless telecommunications facilities with a permit have been abandoned
(i.e., not used as wireless telecommunications facilities) for a period
exceeding 90 consecutive days or a total of 180 days in any three-hundred-sixty-five-day
period, except for periods caused by force majeure or acts of God,
in which case repair or removal shall commence within 90 days;
(2)
A permitted wireless telecommunications facility falls into such
a state of disrepair that it creates a health or safety hazard;
(3)
Wireless telecommunications facilities have been located, constructed,
or modified without first obtaining, or in a manner not authorized
by, the required special use permit, or any other necessary authorization,
and the special permit may be revoked.
A.
Applicability and purposes.
(1)
A "planned development area" is the development of a tract of land as a single entity for mixed uses not otherwise allowed by the regulations governing the existing land use area. Thus, the purpose of a planned unit development area is to zone an area for a variety of uses in a flexible manner. Chapter 250, Zoning, of the Code of the Town of Kinderhook provides for planned development areas only in the industrial and business zones, on parcels 10 acres or larger.
(2)
Specific purposes of planned unit developments. The purpose of a
planned unit development is to allow variations or waivers to the
fixed requirements of the existing land use areas otherwise imposed
on development. Additionally, the planned unit development concept
fulfills the goals of the Town of Kinderhook Comprehensive Plan by
allowing for:
(a)
A more desirable working environment than may be possible through
the strict application of land use regulations.
(b)
A developer to use more creative approaches in their development
of land.
(c)
A more efficient and desirable use of open land.
(d)
A creative use of land and related physical development that
allows for an orderly transition from rural to urban uses.
(e)
Encouraging economic development through better business and
employment opportunities.
B.
Minimum requirements for establishment of a planned unit development.
The minimum requirements for establishment of a planned unit development
shall be as follows: The area proposed for the planned unit development
shall be under single ownership, both at the time of the application
for the planned unit development and when the planned unit development
is adopted. The area constituting the planned unit development shall
be 10 acres or more in size.
C.
Summary of process to establish planned unit developments.
(1)
Town Board approval. The establishment of a planned unit development
in the Town of Kinderhook is a legislative act. It is akin to a rezoning.
When enacted, a planned unit development constitutes an amendment
to the land use law of the Town of Kinderhook and the accompanying
Land Use Map.[1] As a consequence, the establishment of a planned unit
development requires the approval of the Town Board of the Town of
Kinderhook. Because the establishment of a planned unit development
is a legislative act, the Board of the Town of Kinderhook has the
same amount of discretion in deciding whether to adopt a planned unit
development proposal as it does for any other legislative act. This
means that the Town Board may deny planned unit development approval
for any constitutional reason. On the other hand, the Board may adopt
a planned unit development only if it complies with the standards
set forth below and is in accordance with the letter and spirit of
the Comprehensive Plan of the Town of Kinderhook.
[1]
Editor's Note: The Land Use Map is on file in the Town offices.
(2)
Planning Board approval. The Town Board adoption of a planned unit
development does not constitute site plan approval. The Town Board
may approve only the type of uses proposed in the planned unit development.
Because the Town Board approves the general outlines of the plan,
the Board establishes the allowable uses in the planned unit development,
as well as determines whether the uses are permitted uses or uses
subject to special use permits and site plan approval. Once the plan
is approved, the Planning Board must approve site plans and special
use permits (if applicable) for the approved uses. The Planning Board
shall, however, serve in an advisory role to the Town Board during
the consideration of a planned unit development proposal.
D.
Standards for adoption of a planned unit development:
(1)
The Town Board shall consider and make findings regarding each of
the following factors in legislating any planned unit development:
(a)
Compatibility with the surrounding area;
(b)
Harmony with the character of the neighborhood;
(c)
Need for the proposed development;
(d)
The effect of the proposed planned unit development upon the
immediate area;
(e)
The effect of the proposed planned unit development on the future
development of the area;
(f)
Whether the planned unit development is warranted by virtue
of the design and amenities incorporated into a proposed development
plan;
(g)
Whether the land surrounding the planned unit development can
be planned in coordination with the planned unit development;
(h)
Whether the proposed planned unit development conforms with
the Comprehensive Plan;
(i)
Whether the existing and proposed streets are adequate to carry
anticipated traffic in and around the proposed district;
(j)
Whether the existing and proposed utility services are adequate
for the proposed development; and
(k)
Whether the planned unit development makes it possible for the
creation of a creative, innovative, and efficient use of the property
than would occur over the existing land use regulations.
(2)
The Town Board must also find that the property proposed for a planned
unit development is 10 acres or more in size and that the land is
under single ownership. The creation of a planned unit development
is subject to the State Environmental Quality Review Act (Article
8 of the New York State Environmental Conservation Law). Approval
of a planned unit development does not constitute site plan review
or special use permit approval, which are obtained from the Planning
Board for specific uses authorized in the planned unit development.
E.
Detailed procedures for adoption of a planned unit development.
(1)
Application requirements. The original application for a planned
unit development and six copies shall be submitted to the Town Clerk
at least 20 business days before the next meeting of the Town Board.
The application shall consist of the following:
(a)
The standard form application obtainable from the office of
the Town Clerk;
(b)
The required application fee, which shall be reviewed annually
by resolution of the Town Board;
(c)
An environmental assessment form or a draft environmental impact
statement;
(d)
A sketch map (drawn to scale) showing the entire parcel of land
proposed for the planned unit development, the location of proposed
uses and major buildings, the proposed development density, proposed
uses and housing types (if applicable), layout of roads, location
of all entrances to the planned unit development parcel of land, and
all proposed open spaces;
(e)
A perspective drawing or computer simulation showing the development
from the state, county, or Town (to simulate the look of the development
to pedestrians and motorists from the state, county, or Town); and
(f)
A narrative describing the design and architectural policies
for the planned unit development, the developer's proposed treatment
of environmentally sensitive lands (if any), and a time frame for
phased development (if applicable).
(2)
Application procedures. The Town Board shall determine whether the
application is complete at its first meeting following timely submission
of an application for a planned unit development. If the Town Board
determines that the application is not complete, the Board shall notify
the applicant, in writing, why the application is incomplete. If the
application is determined to be complete, the Board shall send a copy
of the complete application to the Planning Board for its advisory
opinion. The Town Board shall not act on any application for a planned
unit development until it has received the Planning Board's recommendations
on the application.
(3)
Review of application. The Town Board may engage experts, including,
but not limited to, professional planners, architects and engineers,
in reviewing the planned unit development proposal. The applicant
shall bear the reasonable expense of engaging such experts.
(4)
Public hearing. The Town Board shall not vote to approve a planned
unit development until it has held at least one public hearing on
the application following the submission of a complete application
and receipt of the Planning Board's recommendations on the application.
(5)
Adoption of planned unit development. The Town Board shall act on
an application to establish a planned unit development within 90 days
following receipt of the Planning Board's recommendations. The
Planning Board's recommendations shall be deemed to be received
by the Town Board at the first regular meeting of the Town Board following
the Town Clerk's receipt of the Planning Board's recommendations.
The Town Board's failure to act on a planned unit development
application within this period shall not be deemed to constitute a
default approval of the application. The Town Board may adopt a planned
unit development only after following the procedures described above
and making written findings regarding each of the standards set forth
above for adoption of a planned unit development. The Town Board shall
cause the Official Land Use Map for the Town of Kinderhook[2] to be amended to show the planned unit development. The
amendment shall also include a list of permitted uses, special use
permitted uses and uses requiring site plan review and any other minimum
land use standards that the Town Board deems appropriate. The allowable
density in a planned unit development shall not be higher than the
allowable density in the existing land use area. The minimum standards
for all other aspects of the planned unit development shall be those
applicable to the existing land use area unless otherwise prescribed
by the Town Board.
[2]
Editor's Note: The Land Use Map is on file in the Town offices.
F.
Planning Board procedures.
Once the Planning Board has received a complete application for a
planned unit development, it shall provide the Town Board with an
advisory opinion before the next meeting of the Town Board. The Planning
Board may request additional information reasonably related to the
planned unit development application. If the Planning Board requests
additional information, its time to render an advisory opinion is
extended to the next meeting of the Town Board following receipt of
such additional information. The time of receipt of such information
shall be deemed to be the date of the regular meeting following submission
of the information to the Clerk of the Planning Board.
G.
Role of the Planning Board after adoption of a planned unit development.
The Planning Board's role after a planned unit development is
adopted by the Town Board is to review site plans and special use
permits for uses in the planned unit development pursuant to the Planning
Board's site plan approval powers, special use permit authority
and the State Environmental Quality Review Act.[3] The provisions of this section are intended to supersede
state law.
[3]
Editor's Note: See Art. 8 of the Environmental Conservation
Law.
H.
Additional standards for planned unit development.
(1)
Building footprints in no case shall cover more than 50% of the total
area of development.
(2)
Planned unit development developments shall be protected by such
reasonable and appropriate safety measures, devices, screening or
yards in order to avoid or minimize any adverse effects on the development
itself or in the surrounding area.
(3)
Yard requirements for buildings may be modified, except along the
boundaries of the development area.
(4)
All planned unit development proposals shall be consistent with the
need to minimize flood damage, all public utilities and facilities,
such as sewer, gas, electrical and water systems, are located and
constructed to eliminate or minimize flood damage, and adequate drainage
shall be provided so as to reduce exposure to flood hazards.
(5)
All utilities must be buried underground in planned unit development
areas.
A.
Purpose. The intent of these regulations is to protect and enhance
the rural and historic character of Kinderhook. Specifically, the
purpose for requiring design standards is to encourage retention of
existing open spaces visible from public places or roadways; protect
important visual resources such as hills, mountains, water bodies
and historic resources; and to minimize the visual impact of new development
from public rights-of-way.
B.
The following general standards are intended to provide a framework for development within which the site designer is free to exercise creativity, invention, and innovation while recognizing the general historic, scenic and visual qualities inherent to the Town of Kinderhook, with a particular emphasis on compatibility with the surrounding neighborhood. The general standards set forth in Subsection C of this section should be considered by the Planning Board during the review of any application requiring site plan approval under this chapter, and the Planning Board is hereby authorized to use its discretion to determine whether one or more of these criteria apply to a particular application. The Planning Board is also authorized to use its discretion as to the applicability of these general standards to redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas. The specific application of one or more of the general standards or any other standard established by this chapter to an application pending before the Planning Board shall be determined solely by the Planning Board. The following standards are in addition to any other site plan, special use permit, and subdivision requirements of this chapter and the Town Subdivision Regulations.
[Amended 11-6-2014 by L.L. No. 1-2014]
C.
General standards.
(1)
Roadways and utilities.
(a)
New roads shall follow a grid or modified grid pattern. However,
the creation of dead-end streets will be allowed where the use of
a grid or modified grid system of streets is not applicable due to
existing physical constraints on the site.
(b)
For new development, and when existing lines are upgraded or
repaired, locate wires underground, where feasible.
(c)
Use old roads and lanes, where feasible.
(2)
Site features.
(a)
When mature trees are removed as part of a development project,
such trees should be replaced with trees of not less than two inches
in diameter.
(b)
In new development projects, replanting with vegetation, including
street trees, shall be done.
(c)
Retain and restore traditional features such as trees, hedgerows,
stone walls, fences, and signposts. Where no such features currently
exist, maximize landscape planting at property edges to serve as buffers.
(d)
Minimize vegetation clearing at edges of road.
(e)
Minimize cut and fill in site development. Avoid siting new
construction on prominent hilltops or ridges by placing structures
at lower topographic locations. Finished grades should be limited
to no greater than a 2:1 slope, while preserving, matching, or blending
with the natural contours and undulations of the land to the greatest
extent possible.
D.
Siting standards.
(1)
Residential and commercial development.
(a)
Subject to the area and bulk regulations of this chapter, new
construction must be located at the edges of fields or in cleared
areas next to fields.
(b)
Subject to the area and bulk regulations of this chapter, site
new buildings and additions to minimize their visibility.
(c)
Use curves in driveways and topography to reduce visibility.
(d)
Do not site new buildings above treetops or on crests of hills,
as seen from public roads and places.
(e)
Maintain or create a buffer of natural vegetation of at least
100 feet from the center of a stream in depth adjacent to existing
wetlands and surface waters, including creeks, streams, springs and
ponds. Such buffers are not required for parcels containing existing
agricultural uses, unless required for wetland protection by the New
York State Department of Environmental Conservation.
(f)
Each parcel may have one view tunnel created by limited removal
or thinning of vegetation to allow visual access from the dwelling
or building. Achieve views from sites by selective clearing of small
trees and lower branches.
(g)
Minimize crossing of steep slopes with visible roads and drives.
(h)
Use open space and buffer planting between differing land uses.
E.
Parking.
[Amended 11-6-2014 by L.L. No. 1-2014]
(1)
If parking is located to the front or side of structures, provide
a dense, ten-foot-wide landscape buffer (wall, hedge, berm, or combination)
to minimize visual prominence of parking areas.
F.
Service and accessory uses.
(1)
Use dense continuous plantings and/or fences to screen or hide from
the street or other residential uses all outdoor storage, service
and related paved areas.
G.
Signs.
(1)
Signs affixed to the exterior of a building shall be architecturally
compatible with the style, composition, materials, colors, and details
of the building, as well as with other signs used on the building.
(2)
Sign colors should be compatible with the colors of the building
facade.
(3)
Building-mounted signs shall fit within the existing facade features
and shall not interfere with door and window openings, conceal architectural
details or obscure the composition of the facade where they are located.
H.
Building design and form.
(1)
Traditional design features shall include, but are not limited to,
the following additional design features: setback dormers, lanterns,
turrets, bay windows, porticos, porches and historic facade projects
when in scale with the facade, and masonry chimneys.
(2)
Retain buildings and other features that reflect the existing rural
and agricultural landscape of the area, including orchards, cultivated
fields, farm buildings and barnyards. Buildings shall relate in scale
and design features to the site and surrounding features. Continuity
shall be achieved by the following, but is not limited to: the use
of maintaining cornice lines in buildings of the same height, by extending
the horizontal lines of fenestration and by echoing architectural
styles and details, design themes, building materials, and colors
used in surrounding buildings.
(3)
Use of building materials that are of wood clapboard, simulated clapboard,
board and batten vertical, indigenous stone and brick shall be considered
traditional building materials. Material selection should generally
be consistent across the entire building. Varied bands of siding materials
and patterns are not acceptable. All new construction and additions
shall use one or more of these materials. Rehabilitation of older
buildings that retain their original designs, e.g., barns and pre-1940
structures, shall also be constructed with these traditional materials.
(4)
The following applies to new construction, additions and major alterations
where roofs and/or exterior walls are altered:
(a)
Trademarked architecture which identifies a specific company
by building design features is prohibited.
(b)
Structures shall be compatible with traditional pre-1940 structures
in the area in architecture, design, massing, materials and details.
(c)
Architectural design shall be in keeping with the small-town
architectural character of the Town. Avoid large expanses of undifferentiated
facades and long, plain wall sections. A facade break shall be required
every 80 feet of facade, including but not limited to building wall
offsets, projections, recesses, and changes in floor level, in order
to relieve the visual effect of a simple, long wall. Similarly, roofline
offsets shall be provided in order to relieve the effect of a single,
long roof. For larger buildings, the scale and form of new construction,
additions and major alterations shall mimic that of traditional barns,
houses, and structures.
(d)
Use detailing, including, but not limited to, fenestration,
entrance treatments such as lintels, pilasters, columns, porticoes,
porches, railings, balustrades, and overhangs, dormers, belvederes,
masonry chimneys, cupolas and clock towers. Blank walls are not permitted.
(e)
Hip roofs shall have pitches of 4/12 to 9/12, gable roofs shall
have pitches 4/12 to 14/12 and gambrel roofs shall have pitches 5/12
and gambrel roofs shall have upper pitches of 5/12 to 8/12 and lower
pitches of 18/12 to 20/12, unless it can be demonstrated by the applicant
that such roof pitches are not in keeping with traditional design
and architecture of a particular building, are incapable of being
constructed or otherwise are not feasible for a particular proposed
structure.
[Amended 11-6-2014 by L.L. No. 1-2014]
(f)
On non-single-family structures, and on commercial development
with a total footprint greater than 4,000 square feet, single-hinge
roofs are not permitted. Instead, use different levels of roofs to
diminish the mass. Have roof overhangs that have horizontal measurements
of six inches to 18 inches.
(g)
For commercial uses, the height of building eaves shall not
exceed two stories in height and shall be a minimum of 10 feet above
grade at the building front entry.
(h)
Balance windows and doors so they are generally symmetric in
their placement on building facades. In addition:
[1]
There shall be glazing of no less than 12% and no more than
35% on the foremost, front-facing facade.
[2]
For commercial uses, glass areas at the ground floor should
be greater than those at upper floors.
[3]
Except at first-floor levels of commercial uses, windows shall
be vertical in proportion and have a ratio of width to height between
1:2 and 1:5 and be small-paned windows divided by muntins.
[4]
For commercial uses, windows wider than three feet are not acceptable
except on the entry levels, where a maximum width of six feet is acceptable.
For large windows, muntins should be used to break the expanse of
glass into smaller panes.
A.
Applicability and purpose. The Town of Kinderhook wishes to encourage
a variety of housing options and types for its residents. Multifamily
dwellings are one type of housing option. A Multifamily Overlay District
is established to provide for such an option. The standards of this
section ensure that new multifamily housing is compatible with the
neighborhood and has minimal impacts to the environment. This section
applies to all lands included and mapped as being in the Multifamily
Overlay District and for dwellings having three or more units. All
multifamily dwellings shall be subject to a special use permit.
B.
Standards.
(1)
Multifamily dwellings shall be limited to eight units or less per
building. A lot may contain one or more principal residential structures,
provided that it has sufficient acreage to satisfy density requirements.
(3)
Other requirements of § 250-29E(5) shall be applied.
A.
Applicability and purpose. The Town of Kinderhook desires to protect
its agricultural resources, especially prime farmland soils, and to
prevent nonagricultural uses from negatively impacting continuation
of farming as a preferred use. The following standards shall apply
to all lands included and mapped as being in the Prime Farmland Overlay
District.
B.
Standards.
(1)
Conservation subdivisions shall be voluntary for any division of
land within this district; any applicant who so chooses may utilize
these provisions.
[Amended 9-10-2012 by L.L. No. 3-2012]
(2)
Avoidance of buildings on prime soils. In reviewing any subdivision,
site plan or special use permit application, the Planning Board shall
require that structures, except farm structures, and impermeable surfaces
be located on those portions of a tract of land where they will have
the least negative impact on agricultural soils and agricultural operations.
Construction of buildings on areas of steep slopes, wetness, or locations
posing difficult lot configuration or road access problems shall be
avoided.
(3)
Buffering agricultural uses. Each new residence must be placed at
least 200 feet away from the boundary between it and the agricultural
parcel. A similar setback shall be required for placement of a new
farm structure when it is adjacent to existing residential units.
A buffer will be required between farmland located within a New York
State Agricultural District and any new residential, commercial or
industrial development. A major subdivision must have a thirty-foot-wide
vegetated buffer placed 20 feet away from the boundary of any land
used for agricultural purposes. The applicant for a new land use has
the responsibility to provide for this buffer. The buffer should not
be established in a way that impedes farm operations. Existing hedgerows
or woods, if present, shall be maintained between the new use and
the agricultural operation. In cases where there is no existing vegetation,
berms and landscaping can be used as buffers.
A.
Applicability and purpose. The Town desires to protect important
historical structures and landscapes in Kinderhook.
(1)
The Town of Kinderhook encourages the use of all design standards detailed in § 250-33 on new residential construction and alteration of residences. Use of these design standards is voluntary. Where an applicant voluntarily desires to implement one or more of these design standards, the Building Inspector, the Planning Board, or the Zoning Board of Appeals, as the case may be, shall allow them and consider them not to be in conflict with other regulations.
(2)
The Building Inspector, the Planning Board, or the Zoning Board of Appeals, as the case may be, shall exempt the applicant from other regulations that may be in conflict with application of the design standards of § 250-33.
(3)
The applicant shall provide, in writing, a statement and plan outlining
the standards that they wish to voluntarily apply.
[Added 11-6-2014 by L.L. No. 1-2014[1]]
A.
Applicability.
Private road specifications are applicable to developments containing
a maximum number of live building lots. For all developments containing
six or more building lots, the specifications concerning Town roads
shall be applicable.
B.
Dimensions.
All private roads shall have a minimum right-of-way width of 50 feet.
For all developments containing three building lots or less, the minimum
travel surface in the right-of-way shall not be less than 16 feet
in width. For all developments containing four or five building lots,
minimal travel surface within right-of-way shall be a minimum of 18
feet. All private roads less than 18 feet in width shall have a turnoff
or passing zone for every 400 feet of length of roadway. Each turnoff
or passing zone shall be a minimum of 30 feet in length and shall
provide an additional eight feet in width.
C.
Maintenance Agreements; homeowner's association. The developer
shall provide a road maintenance agreement or create a homeowner's
association with bylaws for the maintenance of a private road in connection
with any application for subdivision approval involving service via
a private roadway.
D.
Performance bond. The developer shall provide a performance bond
by a surety or other security acceptable to the Planning Board to
secure the complete construction of any private road in connection
with any application for subdivision approval involving service via
a private roadway.
E.
Maximum length. The maximum length of a dead end private road shall
be 1/2 mile, ending in a cul-de-sac with a fifty-foot radius or a
shaped turnaround that meets with the approval of the Town Highway
Superintendent.
F.
Maximum number of parcels. A maximum number of 10 parcels shall be
allowed on any private road with a single access to a public road.
A development that is served by a series of private roads that have
a single access to a public road may not sent more than 10 parcels.
The development of more than l0 parcels would require an additional
direct access to a public road. The location of this additional access
must be approved by the permitting authority having jurisdiction,
e.g., Town Highway Department, County Highway Department or NYS Department
of Transportation.
G.
Grades, changes of grade and curves. The maximum grade for a private
road shall be 10% averaged over a distance of 500 feet. In no case
shall the grade exceed 12%. The grade shall not exceed 1 1/2%
for the first 25 feet, thereafter the grade shall not exceed 3% the
next 50 feet of roadway. All changes of grade in said roadway will
be accomplished with a vertical curve of at least 100 feet in length.
Radius of horizontal curves shall be 100 feet.
H.
Dedication of private roads as Town roads. Nothing herein shall be
construed to require the Town of Kinderhook to accept private roads
for dedication as a public roadway.
I.
Private road specifications. Private roads must meet all other specifications
for a Town road except for the paving of the road surface.
J.
Plan review. Before any subdivision approval is granted, the Planning
Board may elect to have the proposed private road, design reviewed
by the Highway Superintendent and/or the Town Engineer to determine
that the private road, as designed, meets the Town's design and
construction standards as set forth herein. Each private read shall
be built so as to have standard cross sections generally in accordance
with the Town road cross section.
K.
Intersections. Where an unpaved private road intersects a paved road,
it shall be paved for a distance of 50 feet from the edge of the intersection.
Applicant must demonstrate adequate site distance in accordance with
the applicable ASHTO standards.
[1]
Editor’s Note: This local law also repealed former §
250-37, Environmental Area Overlay District.
[Added 8-8-2005 by L.L. No. 14-2005]
A.
Applicability and purpose. The Town of Kinderhook encourages the
use of nonintrusive lighting on commercial sites.
[Added 11-13-2017 by L.L.
No. 1-2017]
A.
Applicablity.
(1)
The requirements of this section shall apply to any and all
solar energy ground equipment (SGE), solar energy structural equipment
(SSE), building-integrated solar energy equipment (BIE), and solar
farm proposed, modified and/or constructed after the effective date
of this section. Any SGE, SSE, BIE and/or solar farm existing as of
the effective date of this section shall be exempt from these regulations;
however, future modifications to any SGE, SSE, BIE and/or solar farm
which require the issuance of a building permit after the effective
date of this section shall be required to comply with this section.
B.
Application.
(1)
An application for a building permit for SSE and/or BIE that
falls within the parameters of the USP process as detailed in the
USP application and USP eligibility checklist shall be processed,
reviewed and approved under said USP permitting process by the Building
Department. The applicant shall complete the USP application and satisfy
the USP eligibility checklist provided by the Building Department.
This section shall apply to all SSE, BIE and/or solar farm projects
proposed in the Town of Kinderhook.
(2)
All proposed projects utilizing solar energy equipment shall obtain a building permit prior to construction. Unless eligible for the simplified procedures in the USP as an SSE and/or BIE, the applicant shall first obtain site plan approval from the Town Planning Board pursuant to § 250-50 and a special use permit pursuant to § 250-29.
(3)
Applications seeking a special use permit and site plan approval pursuant to § 250-50 of the Kinderhook Town Code as an SGE shall further include the following requirements and shall address the development standards set forth in Subsection C:
(a)
Certification from a New York State licensed engineer that the
solar energy ground equipment and/or solar energy structural equipment
is sufficiently installed and anchored to prevent flotation, collapse
or lateral movement and the design and installation of the solar energy
ground equipment and/or solar energy structural equipment meets any
and all applicable provisions of New York State law, regulations and
codes including, but not limited to, the Building Code; Residential
Code; National Electrical Code; Fire Code; Plumbing Code; Mechanical
Code; Fuel Gas Code; Energy Conservation Construction Code; and Property
Maintenance Code.
(b)
The applicant shall demonstrate that all proposed construction
activities related to the solar energy equipment meet all applicable
provisions of New York State law, regulations and codes including,
but not limited to, the Building Code; Residential Code; National
Electrical Code; Fire Code; Plumbing Code; Mechanical Code; Fuel Gas
Code; Energy Conservation Construction Code; and Property Maintenance
Code.
(c)
The applicant shall submit a site plan application in compliance with Article VII of the Zoning Code (site plan review) to the Kinderhook Planning Board, which shall include a site plan setting forth the dimensions of all solar energy equipment, a scaled plot plan showing the location of any existing structures and the location of the solar energy equipment to be constructed, as well as such other information as the Planning Board shall deem relevant to its review of the application.
(d)
The applicant shall provide such other reasonable information
as may be requested by the Planning Board in review of the special
use permit application.
C.
Development standards for solar energy ground equipment (SGE). All
solar energy ground equipment (SGE) shall comply with the following
standards. Additionally, SGE shall also comply with all the requirements
established by other sections of this Zoning law that are not in conflict
with the requirements contained in this section.
(1)
The erection of ground-based solar equipment shall be on the
same tax map parcel as the residency/structure that said equipment
is intended to service.
(2)
The boundary line setbacks for ground-based solar equipment
shall be as follows:
(a)
Minimum side yard and rear yard setback shall be 50 feet, measured
from the lot line to the edge of the solar array.
(b)
Front yard erection of ground-based solar equipment shall be
permitted only in those instances where the solar equipment shall
not be visible from a public road and/or neighboring properties.
(3)
The applicant shall demonstrate that all solar energy ground
equipment meets all other density requirements.
(4)
Solar energy equipment shall be located in a manner so as to
avoid reflected glare, blockage of the viewshed of neighboring parcels
and shall, where deemed necessary by the Planning Board during site
plan review, include appropriate screening and landscaping to obscure,
break up and diffuse the view of the solar energy equipment from adjoining
properties and roadways.
(5)
Any support structures designed and/or constructed to position,
hold and/or otherwise support any ground-mounted solar energy equipment
shall not cause the top edge of the solar panel to be higher than
20 feet off the ground.
(6)
Any construction activities shall be in compliance with any
and all applicable provisions of New York State laws, regulations
and codes in relation to the design and construction of the solar
energy equipment, including, but not limited to, the Building Code;
National Electrical Code; Residential Code; Fire Code; Plumbing Code;
Mechanical Code; Fuel Gas Code; Energy Conservation Construction Code;
and Property Maintenance Code.
(7)
The applicant shall demonstrate sufficient screening, including
undergrowth and overgrowth, of the hardware, apparatus and equipment
so as to minimize the solar equipment from being seen in all seasons
from all abutting properties and public roadways. Plantings shall
include plants, trees, bushes, and other vegetation suitable so as
to accomplish the requisite screening of the solar equipment from
abutting properties and public roadways. The applicant shall provide
a complete landscaping plan with its application for a special use
permit, setting forth the type, size, number and placement of all
plants, trees, bushes and other vegetation. The applicant shall be
responsible for maintaining all planted screening while the solar
equipment is in place and replacing any plant material that dies and/or
is otherwise ineffective in providing the requisite screening.
D.
Development standards for solar farms. Applications seeking a special use permit and site plan approval pursuant to § 250-50 of the Kinderhook Town Code as a solar farm (as defined in Article II of the Zoning Code), shall also comply with the following development standards:
(1)
Certification from a New York State licensed engineer that the
solar energy ground equipment to be utilized in the solar farm is
sufficiently installed and anchored to prevent flotation, collapse
or lateral movement and the design and installation of the solar energy
ground equipment meets any and all applicable provisions of New York
State law, regulations and codes including, but not limited to, the
Building Code; Commercial Code; National Electrical Code; Fire Code;
Plumbing Code; Mechanical Code; Fuel Gas Code; Energy Conservation
Construction Code; and Property Maintenance Code.
(2)
The applicant shall demonstrate that all proposed construction
activities related to the solar energy equipment meet all applicable
provisions of New York State law, regulations and codes including,
but not limited to, the Building Code; Commercial Code; National Electrical
Code; Fire Code; Plumbing Code; Mechanical Code; Fuel Gas Code; Energy
Conservation Construction Code; and Property Maintenance Code.
(3)
The applicant shall demonstrate that the solar farm is configured
in such a manner as to provide sufficient ingress, egress, and maneuverability
for fire trucks and emergency vehicles to the satisfaction of the
Fire Chief of the Fire Protection District wherein the solar farm
is proposed.
(4)
The applicant shall submit a site plan application in compliance with Article VII of the Zoning Code (site plan review) to the Kinderhook Planning Board, which shall include a site plan setting forth the dimensions of all solar energy equipment, a scaled plot plan showing the location of any existing structures and the location of the solar energy equipment to be constructed, as well as such other information as the Planning Board shall deem relevant to its review of the application.
(5)
All hardware, apparatus and equipment associated with a solar
farm shall have a minimum front yard setback of 150 feet, to be measured
from the road edge in the case of a user road and to be measured from
the property line in the case of a deeded highway.
(6)
All hardware, apparatus and equipment associated with a solar
farm shall have a minimum side yard setback and rear yard setback
of 100 feet.
(7)
Any support structures designed and/or constructed to position,
hold and/or otherwise support any ground-mounted solar energy equipment
shall not cause the top edge of the solar panel to be higher than
20 feet off the ground.
(8)
Any power utility lines necessary to carry electricity generated
from the proposed solar farm to the grid shall be installed underground.
This provision shall apply to utility lines proposed to be located
on the applicant's solar farm site and/or utility lines proposed
to be located in any utility easement adjacent to the applicant's
site.
(9)
The applicant shall demonstrate sufficient screening, including
undergrowth and overgrowth, of the hardware, apparatus and equipment
associated with a solar farm so as to minimize the solar farm from
being seen in all seasons from all abutting properties and public
roadways. Plantings shall include plants, trees, bushes, and other
vegetation suitable so as to accomplish the requisite screening of
the solar farm from abutting properties and public roadways. The applicant
shall provide a complete landscaping plan with its application for
a special use permit, setting forth the type, size, number and placement
of all plants, trees, bushes and other vegetation. The applicant shall
be responsible for maintaining all planted screening while the solar
equipment is in place and replacing any plant material that dies and/or
is otherwise ineffective in providing the requisite screening.
(10)
The applicant shall provide such other reasonable information
as may be requested by the Planning Board in review of the special
use permit application.
(11)
If solar energy equipment ceases to perform its originally intended
function for more than 12 consecutive months, the property owner shall
remove all such equipment by no later than 90 days after the end of
the twelve-month period. In the event the property owner fails to
remove the equipment, the Town of Kinderhook may institute a proceeding
to have the equipment removed and charge the costs of said removal,
including reasonable attorneys' fees, as a lien against the property
on the property owner's Town tax bill.
E.
Enforcement; penalties and remedies for violations.
(1)
The Town of Kinderhook Code Enforcement Officer shall enforce
this section.
(2)
Any person owning, controlling or managing any building, structure
or land who shall undertake to construct and/or operate solar energy
equipment in violation of this section or in noncompliance with the
terms and conditions of any permit issued pursuant to this section
or any order of the Enforcement Officer, and any person who shall
assist in so doing, shall be charged with an offense and subject to
a fine of not more than $350 or to imprisonment for a period of not
more than six months, or subject to both such fine and imprisonment.
Every such person shall be deemed subject to charge of a separate
offense for each week such violation shall continue. The Town may
institute a civil proceeding to collect civil penalties in the amount
of $350 for each violation, and each week said violation continues
shall be deemed a separate violation.
(3)
In case of any violation or threatened violation of any of the
provisions of this section, including the terms and conditions imposed
by any permit issued pursuant to this section, in addition to other
remedies and penalties herein provided, the Town may institute any
appropriate action or proceeding to prevent such unlawful erection,
structural alteration, reconstruction, moving and/or use, and to restrain,
correct or abate such violation, to prevent the illegal act.
(4)
The penalties established by this section may be changed by
the Town Board by resolution adopted after a duly noticed public hearing.
