The supplementary regulations in this article are in addition to those of Article V and, unless otherwise indicated, shall apply in all classes of districts.
No driveway or other means of access for vehicles, other than a public street, shall be maintained or used in any residence district for the servicing of any use located in a business or industrial district.
A.
Purpose. A country inn is a use that occupies and provides for rehabilitation of the premises of an existing large residential structure located in the Agricultural (A5A) District or the Very Low Density Residential (R3A) District, with access on arterial highway Route No. 22, 44 or 199. The primary purpose of the country inn shall be the service of food and lodging to transients while maintaining the rural appearance and character of the area. A country inn is a use considered under special permit and licensing procedures in order that a determination is made that the use conforms to the standards of Article VI and the purpose and standards specified in this section, and that the use in its particular location, and in its operation, is consistent with the purpose and intent of this chapter.
B.
Tract. A country inn use shall be located on a lot of at least 20 acres having a frontage of 400 feet or more on arterial highway Route No. 22, 44 or 199 and shall have adequate access to said highway.
C.
Country inn premises.
(1)
The country inn use shall have access only from such arterial highway and shall provide for the rehabilitation and conservation of the existing residential structure and usable outbuildings. The main residential structure shall be an existing residential structure containing not less than 3,000 square feet of floor area, excluding basements at the time of the enactment of this section, and the use shall consist of not less than five and not more than 24 rental sleeping rooms for transient lodging in existing buildings or additions thereto, plus the dwellings that may be occupied by the proprietor of the inn and persons employed in the conduct of the use.
(2)
Any addition or new building shall maintain the architectural integrity, height and bulk of the existing structures. The floor area of any addition or new building shall not exceed 50% of the floor area of the existing main residential structure.
D.
Yards: front, rear and side. There shall be front, rear and side yards of a minimum of 100 feet in depth, into which there shall be no encroachment by buildings, structures, recreation facilities, pavement or parking spaces, other than access drives to the arterial highway or permitted signs.
E.
Landscaping.
(1)
The tract shall be maintained by proper agricultural, forest management and/or conservation practices so as to continue the rural appearance of the tract and area. In addition, the country inn premises shall be appropriately landscaped so as to maintain the rural appearance from the arterial highway and adjacent properties.
(2)
When any building, recreation facility or parking space is located within less than 400 feet of an existing dwelling on an abutting lot, a strip of land, at least 50 feet in width, along and adjacent to such lot shall be planted with evergreen shrubs and trees of such type, height and arrangement as will effectively screen the activity from the abutting existing dwelling.
F.
Parking. Refer to "Attachment 1P – Schedule of Off-Street Parking Spaces" and § 180-50, Off-Street Parking and Loading. Parking shall be strictly limited to designated off-street parking spaces.
G.
Illumination. Outdoor illumination, including illumination of signs, shall be designed to avoid sky glow and disability veiling glare, as well as trespass illumination at the boundary of the tract. Luminaires shall be located or shielded so as to deliver no more than 0.05 footcandle of illumination at the property line, measured in both a horizontal and vertical plane at such line. Illumination of signs shall be limited to floodlighting and floodlighted background silhouette signs.
H.
Noise. Provision to be made for music, entertainment or other unusual sources of sound in connection with the use shall be specified at the time of application for the special permit or any amendment thereto. There shall be no electronic sound speakers located outdoors. No continuous sound or frequent impulse sound shall be generated by the use and transmitted outside the lot as to exceed 55 decibels between 7:00 a.m. and 10:00 p.m. and 45 decibels between 10:00 p.m. and 7:00 a.m., or greater than five decibels above the ambient noise at the point on the boundary of the lot where measured, whichever is greater.
I.
Site plan; codes. The site plan submission specified in Article VII is required in connection with an application for a special permit for a country inn use. A complete plan of existing and proposed landscaping shall be included in the site plan submission. In addition, the applicant shall demonstrate that the proposed use, including rehabilitation of the farmhouse premises and new construction, can be completed in a manner to conform to all current requirements of the New York State Sanitary Code, the Fire Code, the Dutchess County Department of Health, the access requirements of the owner of the arterial highway and other applicable codes, statutes, ordinances and laws. In its site plan approval process, the Planning Board shall have the authority to limit the maximum number of permitted parking spaces so as to ensure that the use of the premises will be consistent with the purposes set forth in § 180-40A of this chapter.
J.
License required for country inn.
(1)
It shall be unlawful within the Town for any person or persons to operate a country inn without first securing a written license from the Town Board and complying with the regulations of this chapter. Such license shall be issued only after special permit approval, site plan approval and construction in accordance with the approval plans.
(2)
Licensing requirements: fee, form, expiration, revocation inspections:
(a)
The application for such license, or renewal thereof, shall be filed with the Town Clerk and shall be accompanied by a fee as set forth by the Town Board fee schedule.
(b)
The application for a license or renewal thereof shall be on forms prescribed by the Town and shall include the name and address of the owner in fee of the property. If the fee ownership is vested in some person other than the applicant, a duly verified statement by the person that the applicant is authorized by the owner to construct or operate a country inn shall accompany the application.
(c)
Each license or renewal thereof shall expire two years from the date of its issuance. An application fee for renewal of a license shall be made 60 days prior to its expiration. The Town Board may issue a temporary license, in its discretion, pending its determination of the application.
(d)
The application for the license, or renewal thereof, shall be granted if the Town Board finds that the applicant is, and/or will be, operating the country inn in accordance with the purpose of the country inn as defined in § 180-40A of this chapter and in accordance with the purposes, procedures and standards set forth in Articles I, VI, VII and VIII of this chapter and all remaining provisions of this chapter. The Town Board, in making its determination, shall refer the matter to the Planning Board for verification of compliance with the requirements of Article VII of this chapter and with the conditions of the site plan approval, to the Zoning Board of Appeals for verification of compliance with Article VI of this chapter and with the conditions of the special permit approval and to the Zoning Enforcement Officer for investigation and verification of compliance with all other provisions of this chapter. The Planning Board and the Zoning Board of Appeals may, in their discretion, require the Zoning Enforcement Officer to investigate and examine the country inn premises of the applicant for compliance with the applicable ordinances and conditions of approval and to report his or her findings to the Board. The Town Board, Zoning Board of Appeals and the Planning Board may require the applicant to appear before it and submit any additional documentation and/or information required by the Boards in making their respective verifications and determinations. This section shall not be interpreted as a limitation on the powers of the Zoning Board of Appeals, Planning Board and/or Zoning Enforcement Officer vested in them by this chapter, or by any other provision of the Town of North East Code.
(e)
The Town Board shall have the authority to enter and inspect any facility licensed hereunder, at any reasonable time, for compliance with the provisions of this chapter. The Board, in its discretion, may delegate this inspection authority to the Zoning Enforcement Officer. Whenever the Town Board has reasonable grounds to believe that any licensee is in violation of the provisions of this chapter, it shall notify such licensee of such violation, together with a demand that such violation is corrected or terminated. Such notice shall be in writing and shall state the nature of the violation and advise the licensee of his right to be heard on the matter of the alleged violation. Such notice may be served upon the person to whom it is directed by delivering it personally to him or by posting the same upon a conspicuous portion of the premises or by sending a copy of such notice by registered mail. In the event that such violation shall continue for a period of five days after the service or mailing of such notice, as herein set forth, the Town Board may revoke the license after providing the licensee with an opportunity to be heard. After such violation of any provision of this chapter has been remedied and/or corrected, the Town Board may, in its discretion, reissue the license.
Plans for the erection or structural alteration of drive-in business establishments, as herein defined, shall be submitted to the Planning Board for approval. The Planning Board may require such changes therein in relation to yards, driveways, driveway entrances and exits, and the location and height of buildings and enclosures as it may deem best suited to ensure safety, to minimize traffic hazards or difficulties and to safeguard adjacent properties.
Drive-throughs shall comply with the following supplemental standards:
A.
Shall include no more than two drive-through lanes per establishment.
B.
Shall be separated from other internal site circulation lanes and shall include appropriately located and designed bypass lanes.
C.
Shall be designed to prevent circulation congestion, both on site and on adjacent streets. The design shall be integrated with the on-site circulation pattern and shall not enter or exit directly into a public street.
D.
Shall not encroach into any required minimum yard setback area and shall be designed in a manner that minimizes impacts on adjacent properties from noise, exhaust fumes and vehicle headlights from vehicles as they queue to wait for drive-through services.
E.
Shall not encroach, impede, or obstruct access into or out of parking spaces, pedestrian walkways or loading and service areas.
F.
Shall be clearly delineated from internal circulation traffic aisles, other stacking lanes and parking areas with stripping, curbing, landscaping, and the use of alternative paving materials or landscaped raised medians. The beginning of the drive-through lane shall be clearly marked with appropriate signage and/or line stripping.
G.
Shall be designed and placed to minimize their crossing of pedestrian walkways or otherwise impeding pedestrian access. Where pedestrian walkways cannot be avoided crossing a drive-through lane, the walkways shall have clear visibility and shall be delineated by physical and visual separation between the two, such as textured and colored paving.
H.
Shall not interfere with or obstruct loading and refuse storage areas and loading and refuse operations shall not impede or impair vehicular movement through drive-through lanes.
I.
Shall not be located adjacent to permitted and approved outdoor dining areas.
J.
Shall have a minimum lane width of 12 feet, a minimum interior radius at curves of 10 feet, a minimum distance from the lane entrance to the street access of 50 feet (measured from the center points of the entrance lane to the street intersection at the street right-of-way line).
K.
Shall include vehicle queuing or stacking capacity so that vehicles do not overflow into on-site parking aisles or into an abutting street right-of-way.
L.
Shall provide a minimum number of queuing spaces as per § 180-50B(4) of this chapter and each queuing space shall be a minimum of 20 feet in length.
M.
Shall permit no more than a single (one) menu board with or without an intercom. Any intercom system shall not play continuous or prerecorded audio or video. Related speaker systems shall emit no more than 55 decibels and at no time shall any speaker system be audible above daytime ambient noise levels beyond the subject property. The system shall be designed to compensate for ambient noise levels in the immediate area. A menu board shall be fixed and not incorporate or include any video, animated, blinking, flashing, rotating or otherwise moving or changing lights, displays, images, effects, or messages. A menu board shall list menu options only, no other advertisement permitted. Menu board lighting shall not include neon or unshielded light sources.
N.
Shall have hours of use as set by the Planning Board, which shall not be any earlier than 6:00 am and no later than 12:00 am (midnight).
A.
Cellar occupancy prohibited. It shall be unlawful to occupy all or any part of a cellar for sleeping purposes.
B.
Basement occupancy. Any basement area used for sleeping purposes shall have not less than two means of egress, at least one of which shall be a door giving access to an open area whose surface is at least eight inches below the level of the basement floor. Each basement room used for living purposes shall have a window area, opening to the outside, equal to not less than 1/10 of the floor area of such room.
A.
Location. No special permit shall be granted for the construction or expansion of a school or an educational center unless the associated property has a minimum of 400 feet of frontage on a road with suitable and appropriate ingress and egress.
B.
Coverage and bulk. The maximum coverage shall be 5%. The maximum floor area ratio shall be 0.05.
C.
Yards, front, rear and side. No part of any building or structure, pavement or parking space shall extend nearer than 200 feet to a property line or sideline of a street or 250 feet from the center line of a street, whichever requires the greater setback from the street line.
D.
Structures. No more than one structure shall be used for administration, housing of students and faculty or dining halls per five acres of site area. Structures shall meet all requirements of the New York State Sanitary Code, Fire Code, and all other applicable regulations.
A.
No dwelling shall be erected on a lot which does not abut on at least one street for a distance of not less than 40 feet.
B.
No dwelling may be built or erected directly behind another dwelling having access on the same street and within 200 feet thereof. "Directly behind another dwelling" means with more than 1/2 the width of the structure so placed.
C.
No building in the rear of a main building on the same lot may be used for residential purposes, except for domestic employees of the occupants of the main building.
Outdoor dining shall be an accessory use to a principal restaurant subject to the following supplemental standards:
A.
Shall be located on the same premises as the principal restaurant and under the same ownership and operation.
B.
Shall be utilized solely for the consumption of food and beverages prepared, served and sold on the premises of and by the associated principal restaurant use.
C.
Shall be located so as not to create hazardous sight-line conditions for motor vehicle traffic, or to obstruct access to and from the establishment, other establishments on the premises or neighboring establishments.
D.
Shall be located directly adjacent to and in common with the principal restaurant use on a stable base, such as a constructed deck, porch, terrace, or patio area.
E.
Shall be in accordance with the Americans with Disabilities Act (ADA) and shall provide direct pedestrian access to and from the restaurant.
F.
Shall not be located within a designated off-street parking or loading area, designated walkway required to provide pedestrian ADA access or access into a building, principal building required yard setback area, required landscaping area, area devoted to septic disposal or water supply, or as otherwise determined inappropriate by the Planning Board.
G.
Shall be permitted only where evidence of sufficient water supply and sewage disposal capacity for all indoor and outside seating at full occupancy can be provided.
H.
Shall be adequately screened and buffered to protect adjacent properties from visual, lighting, noise, odor, and other environmental impacts.
I.
Shall be adequately separated and contained to prevent conflicts with vehicle parking and traffic flow, utilizing decorative fencing, stone walls, a variety of native evergreen and deciduous landscaping, building and structural features (trellises, awnings), or combination thereof.
J.
Shall properly maintain in a neat and good working condition all associated awnings, umbrellas, heating units and other similar features, and such shall be stored indoors during the offseason.
K.
Shall provide off-street parking proportionally to the gross floor area and maximum permitted outdoor seating capacity as set forth in § 180-50 of this chapter.
L.
Shall provide and maintain any exterior lighting in compliance with the outdoor lighting standards set forth in § 180-53 of this chapter.
M.
Shall not be permitted to utilize sound amplification and public address systems.
N.
Shall be operated according to the hours of permitted use as set by the Planning Board, which shall not be any earlier than 7:00 am and no later than 10:00 pm.
A.
Except as provided in Article V, no mobile home shall be parked or occupied in the Town of North East outside of an approved mobile home park for more than 48 hours, except upon a special permit issued by the Town Board. Such permit shall be issued for a period not to exceed 30 days and shall not be renewable within the same calendar year.
B.
As an exception to Subsection A above, a permit may be issued for parking and occupying a mobile home on land owned by the occupant or occupants during the construction of a house thereon or, in the event of any emergency as determined by the Town Board, for a period not exceeding 180 days. However, if material progress with house construction work ceases for a consecutive period of 45 days, such permit shall become void.
C.
Also as an exception to Subsection A above, a permit may be issued for parking a mobile home or mobile homes if said mobile homes are used specifically to house persons employed in agriculture on the farm where the mobile home or mobile homes are located, provided that:
(1)
No mobile home shall be located closer to the street line or any other property line than 100 feet.
(2)
Individual mobile homes shall be placed on a lot area of not less than 6,000 square feet with a minimum width of 60 feet.
(3)
No mobile home or portion thereof shall be placed any closer to any other mobile home or portion thereof than 35 feet.
(4)
Water supply and sewage disposal shall be provided in a manner approved by the Dutchess County Health Department.
(5)
Such mobile homes may be exempted from minimum floor area requirements.
D.
Also as an exception to Subsection A above, individual mobile homes so located prior to adoption of this chapter may be replaced on their present sites with mobile homes no less than 720 square feet in area.
E.
The provisions of § 180-47D(4) and (5) shall apply to all individual mobile homes.
A.
License required for a mobile home park.
(1)
It shall be unlawful within the Town for any person or persons to construct or operate a mobile home park without first securing a written license from the Town Board and complying with the regulations of this chapter.
(2)
Licensing requirements: fee, form, expiration; inspections.
(a)
The application for such annual license or the renewal thereof shall be filed with the Town Clerk and shall be accompanied by a fee computed as set forth by the Town Board fee schedule, based upon the maximum number of proposed mobile home units as shown in the application. The minimum fee for an annual permit shall be as set forth by the Town Board fee schedule. Thereafter, each mobile home shall be assessed on the tax rolls of the Town against the mobile home park owners in accordance with § 102 of the New York Real Property Tax Law.
(b)
The application for a license or renewal thereof shall be made on forms prescribed by the Town and shall include the name and address of the owner in fee of the tract. If the fee is vested in some person other than the applicant, a duly verified statement by the person that the applicant is authorized by him to construct or maintain the mobile home park shall accompany the application.
(c)
Each license or renewal thereof shall expire on the 30th day of April following the issuance thereof. An application for renewal of a license shall be made 30 days prior to its expiration.
(d)
A license or renewal shall not be issued until the park or park site has first been checked by the Zoning Enforcement Officer for verification that the park or park site complies with the regulations of this chapter.
(3)
Notwithstanding any of the above provisions, a mobile home park consisting of three mobile homes or less shall not be required to obtain a license or pay a fee, but all other regulations of this section shall apply.
B.
Required application information. Any applicant for a mobile home park license shall state that he, as agent or owner, shall be responsible for the proper maintenance and upkeep of the proposed park, and shall furnish the following information:
C.
Park plan.
(1)
A mobile home park or house trailer camp shall have an area of not less than 10 acres, and no mobile home lot or office or service building shall be closer to the street line or other property line than 50 feet. Margins along the side and rear property line of the mobile home park shall be planted with at least one row of deciduous and/or evergreen trees spaced not more than 40 feet apart. The minimum height of plantation must be three feet.
(2)
A mobile home park or house trailer camp shall be located on a well-drained site, suitable for the purpose, with all roads paved or covered with calcium chloride to a width of at least 24 feet.
(3)
Individual mobile home lots shall have an area of not less than 6,000 square feet, with a minimum width of 60 feet.
(4)
No mobile home or portion thereof shall be placed closer to any other mobile home or portion thereof than 35 feet.
(5)
The total number of mobile home lots shall not exceed six per gross acre.
D.
Additional provisions. Each mobile home park and each individual mobile home shall be provided with sanitary conveniences, services and utilities, including water supply, sewage disposal and garbage disposal commensurate with the following:
(2)
Sewage disposal. Waste from each mobile home shall be wasted into a public sewer system in a manner approved by the Dutchess County Health Department or into a private sewer system and disposal plant or septic tank approved by the same Department.
(4)
Storage. Storage space within a building shall be provided in an amount equal to at least 80 square feet for each mobile home lot in the mobile home park.
(5)
Maintenance.
(a)
The underportion of the mobile home shall be properly enclosed within 30 days.
(b)
All service buildings and the grounds of the camp shall be maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant or the public or constitute a nuisance.
(6)
Registration.
(a)
The licensee shall keep a record of all occupants of the park, noting name and address of each occupant, license numbers of all units and the state issuing such license, if licensed.
(b)
The licensee shall keep a copy of the register available for inspection at any reasonable time by any authorized person and shall not destroy such a registry until the expiration of 12 months from the date of registration.
(7)
Inspection. Before any park commences operation, the Code Enforcement Officer shall make an inspection of the premises to determine that all requirements of this chapter shall have been complied with and shall issue a certificate of occupancy. No use shall be permitted until such a certificate has been issued.
(8)
Revocation or suspension of license.
(a)
The Town Board shall have the authority to enter and inspect, for health, sanitary and other provisions of this chapter, any facility licensed hereunder, at any reasonable time.
(b)
If, upon inspection, it is found that the licensee has violated any provision of this chapter, the Town Board shall have the power to suspend such license and order the mobile home removed or the mobile home park closed after notice and an opportunity to be heard.
(9)
Parking spaces. Refer to "Attachment 1P – Schedule of Off-Street Parking Spaces" and § 180-50, Off-Street Parking and Loading.
(10)
Snow removal. Roads shall be kept free of snow by the licensee.
(11)
Recreation. Each mobile home park shall set aside an area for recreational use not less than 10% of the total land area of the park.
E.
Nonconforming mobile homes and parks. Mobile homes presently located in nonconforming mobile home parks may be replaced on existing lots within said mobile home parks; however, any expansion or additions to said mobile home park must conform to the regulations provided in this chapter.
Hotels shall be subject to the following supplemental standards:
A.
Hotel rooms shall be accessed from an interior common lobby or hallway.
B.
Hotel sleeping accommodation may include limited kitchen facilities (i.e., coffee pots, small refrigerators, microwave) but shall not be used as apartments for non-transient tenants, shall not contain more than two rooms and shall not be connected by interior doors in groups of more than two.
C.
A hotel may consist of one or more separate buildings provided all buildings are on the same lot and commonly owned or leased by the same entity.
D.
No guest accommodation shall be offered or operated in any manner which permits the establishment of a tenant/landlord relationship or legal residence by any such occupant.
E.
Each sleeping accommodation unit shall have an area of at least 300 square feet, including a bath facility with a shower or bath, one toilet and sink.
F.
All hotels shall be equipped with sprinklers and fire alarm systems.
G.
Accessory uses may include but not limited to indoor swimming pool, fitness/exercise room, lounge, sundry retail covering an area of less than 200 square feet, meeting/conference rooms, restaurant, banquet facilities.
H.
All accessory uses on the site shall be of the same general appearance and character, planned as an integral part of, and located on the same lot as the principal hotel. The organization of buildings, driveways, parking areas, sidewalks, service areas, and other site components shall have a functional, safe, and harmonious interrelationship and be compatible with existing site features and adjacent on-site and off-site buildings.
I.
Noise. Provision to be made for music, entertainment, or other unusual sources of sound in connection with the hotel use shall be specified at the time of application or any amendment thereto. There shall be no electronic sound speakers located outdoors.
A.
In all districts, on a corner lot, within the triangular area formed by the center lines of streets from their intersection, as shown on the schedule below, there shall be no obstruction to vision between the height of 3 1/2 feet and the height of 10 feet above the average grade of each street at the center line thereof. The requirements of this section shall not be deemed to prohibit the construction of any necessary retaining wall.
B.
Sight distance for various street widths.
Street Right-of-Way (feet) | Distance from Intersection (feet) |
|---|---|
80 or more | 120 |
70 to 79 | 110 |
60 to 69 | 100 |
50 to 59 | 90 |
40 to 49 | 80 |
Under 40 | 70 |
A.
Purpose and intent. The purpose of these off-street parking and loading standards is to ensure such are treated as accessory uses properly placed in relation to buildings and the abutting street to minimize their visibility and avoid visual impacts caused by vehicle headlights and parking lot lighting. Also, to ensure such facilities are designed so not to visually dominate a lot; are designed to be complementary to buildings and other site improvements; include quality landscaping minimizing associated visual, stormwater runoff and microclimate impact conditions; protect the cultural and environmental character of the area by improving the visual appearance of the lot and surrounding area; and conserve the value of associated and surrounding land and buildings.
B.
Minimum accessory off-street parking and loading required.
(1)
Minimum off-street parking. The minimum number of off-street parking spaces required for individual land uses shall be as listed on Attachment 1P - Schedule of Off-Street Parking Spaces, which attachment shall be deemed a part of this chapter.
(2)
More or fewer parking spaces. The provision of a quantity of off-street parking spaces that is fewer (less) than or exceeds (more) the minimum required shall be subject to the approval of the Planning Board, as it is the intent of these standards to minimize the amount of impervious surface area developed, as well as impacts and maintenance associated with such. For fewer spaces, the Planning Board may otherwise approve an alternative or deferral plan in accordance with Subsection F below to reduce or waive the minimum standards based on a case-by-case basis and qualified parking use demand analysis. Approval of a higher number of parking spaces than the minimum required shall also require Planning Board approval based on the demonstrated need for such additional parking spaces.
(3)
Minimum off-street loading. A minimum number of off-street loading spaces shall be provided in accordance with the following Schedule of Minimum Off-Street Loading Spaces:
Schedule of Minimum Off-Street Loading Spaces | ||
|---|---|---|
Use | Size | Minimum |
Non-residential uses | GFA of 1,500 sf to 20,000 sf | 1 off-street loading space 1 additional off-street loading space for each 20,000 sf GFA or portion thereof |
Multifamily residential uses | The need for and requirement of off-street loading spaces shall be determined by the Planning Board based on the scale and anticipated demands of a proposed stand alone or mixed-use multifamily residential development. | |
LEGEND GFA= Gross Floor Area sf = square feet | ||
(4)
Queue spaces. The following minimum queue spaces for waiting vehicles shall be provided for uses involving drive-up facilities or drive-through lanes, subject to Planning Board approval:
Minimum Queue Waiting Spaces | |
|---|---|
Use | Minimum Queue Spaces |
Bank/ATM (automatic teller machine) | 3 spaces |
Car wash | 8 spaces |
Gas pumps | 2 spaces/pump or pump lane |
Pharmacy | 6 spaces |
Restaurant/restaurant-take out | 8 spaces with minimum of 4 spaces before the ordering speaker |
Any other permitted use | Subject to Planning Board determination. No less than 2 spaces per window or access lane or such other amount the Planning Board may require based on the unique characteristics of the use. |
(5)
Multiple uses. Where separate parts of a building or structure, or of a floor of a building, are used for purposes requiring different quantities of off-street parking and/or loading spaces, the minimum number required shall be determined by cumulatively adding the number of spaces required for each separate area devoted to each type of use, unless an alternative or deferral plan is approved by the Planning Board in accordance with Subsection F below. In no case shall a residential, non-residential, or mixed-use development establish or permit a combination of uses which exceed parking facility design capacity, unless otherwise specified by this chapter.
(6)
Changes in use, additions and enlargements. When a change in use or an increase in floor area or other unit of measurement specified for calculating required minimum off-street parking and/or loading spaces as set forth in this chapter creates the need for an increase in the number of the required minimum off-street parking and/or loading spaces, said additional parking and/or loading spaces shall be provided accordingly.
(7)
Employee parking. Employee parking has already been incorporated in the ratios for the minimum required off-street parking spaces set forth in this chapter.
(8)
Calculation rounding. All calculations for off-street parking and loading resulting in a fraction shall be rounded down to the next lowest whole number (i.e., 10.9 = 10).
(9)
Non-duplication of use. No required off-street parking space shall be substituted or counted as a loading space, nor shall any required loading space be substituted or counted as an off-street parking space.
(10)
Accessible parking.
(a)
ADA compliance. Off-street parking areas shall comply with the applicable requirements of the Americans with Disabilities (ADA) Act and the laws and regulations of the State of New York. All accessible parking spaces shall be designed and provided in number accordingly and such spaces shall be included in the total number of spaces required for structures and uses.
(b)
No new structure, addition or use shall be zoning compliant until the required accessible parking spaces, line and pavement markings, and signs have been installed.
(11)
EV ready parking spaces. New, expanded and reconstructed parking facilities with 30 or more parking spaces shall include a minimum of 10% of the total number of parking spaces as EV ready parking spaces (dedicated EV parking spaces will also satisfy this requirement). Parking facilities with less than 30 parking spaces shall include at least one EV ready parking space.
(12)
On-street parking. The use of on-street parking or portions thereof shall not be used in the calculation of any off-street parking or loading requirement contained in this chapter.
C.
Off-street parking and loading facility setbacks and location.
(1)
Off-street parking and loading facilities may be partially or fully contained within a structure. Exterior off-street parking and loading facilities shall be to the rear or side of principal site buildings with priority consideration where parking spaces are located to the rear of principal buildings.
(2)
Uses subject to site plan approval. Off-street parking and loading facilities shall not be permitted to be located within any required yard setback area, except as may otherwise be permitted by this chapter with Planning Board approval. Off-street parking and loading facilities located on a property within a Boulevard District shall also not be permitted forward or in front (towards an abutting street) of principal buildings. Within a Boulevard District at least one principal building entrance shall be on the front facade or a front corner facing the street.
(3)
There shall be no more than one driveway connection from any lot to any street. However, the combining and sharing of site entrance driveways and internal service driveway connections serving abutting properties is encouraged and preferred to separate access driveways, particularly for properties in a Boulevard District (see § 180-19 for Boulevard District Incentives). Such shared access is a priority to facilitate fire protection services and/or to enable vehicles to travel between separate parcels and uses without the need to travel upon a street. Pedestrian sidewalks and crosswalks creating connections to shared parking and encouraging walking between abutting properties are also highly encouraged.
(4)
Additional driveway connections or separate entrance and exit driveways may be approved by the Planning Board under specific circumstances where such are deemed necessary to safeguard against hazards and to avoid congestion.
D.
Off-street parking and loading design standards.
(1)
Unobstructed access to and from a street shall be provided to all off-street parking and loading facilities to accommodate the safe approach, turning, and exiting of vehicles, including adequate turnaround area to preclude the need for backing out onto an abutting street right-of-way. No part of any off-street parking or loading space, or the area needed for the turning or maneuvering of vehicles within such facility shall encroach upon or conflict with any portion of a street or street right-of-way. Access driveways shall be of a design and have sufficient capacity to avoid the queuing of vehicles upon an abutting street.
(2)
No driveway shall provide access to a parcel located in a non-residential district across land in a residential district.
(3)
Where a lot has frontage on two or more streets, access shall be provided to the lot across the frontage and to the street where there is less potential for traffic congestion and for hazards to traffic and pedestrians.
(4)
All streets giving access to a lot shall have traffic-carrying capacity, roadway improvements, and traffic management facilities sufficient to accommodate the amount and types of traffic generated by the proposed site use, considering access to existing uses along the street and existing traffic projected to the date of occupancy of the site.
(5)
Roadway, traffic management and other deficiencies in the street giving access, which result in congestion or impairment of safety and convenience, shall be mitigated by the applicant. Where deemed warranted or necessary to safeguard against hazards to traffic and pedestrians and/or to avoid traffic congestion, provision shall be made for turning lanes, traffic directional signals, and other traffic controls.
(6)
All off-street parking and loading facilities shall provide continuous and safe circulation. Provisions shall be made for vehicular access to the lot and circulation upon the lot in such a manner as to safeguard against hazards to traffic and pedestrians in the street and upon the lot, to avoid traffic congestion on any street and to provide safe and convenient circulation upon the lot.
(a)
All off-street parking and loading space striping, pavement markings, and traffic directional flow signage shall be subject to Planning Board approval.
(b)
Where off-street parking spaces terminate in a dead-end, the parking aisle shall be extended to a minimum of five feet beyond the end spaces with a transition edge to provide an area for maneuvering vehicles backing out of the end spaces.
(c)
Clear pedestrian access shall be provided from parking areas to principal buildings, including connections to existing and future sidewalks on abutting streets.
(d)
Wheel stops shall be prohibited in areas in the direction of pedestrian flow and areas providing pedestrian access to sidewalks and buildings.
(e)
All loading activities and access to loading spaces shall be on-site only. The location and access of loading spaces shall include adequate and safe adjacent aisle space based on the size and type of vehicles to be served, as approved by the Planning Board.
(f)
All loading spaces shall be dedicated spaces separated by landscaped islands (see also § 180-51, Landscaping) no less wide than a standard parking space from access driveways, parking aisles, parking spaces, pedestrian areas and other areas as determined by the Planning Board.
(g)
Off-street loading spaces shall be sized to accommodate small truck-type vehicles (SU30 or smaller). The Planning Board may require one or more off-street loading spaces to be sized to accommodate a large truck-type vehicle (WB50 or larger).
(h)
All parking facilities shall provide convenient, safe and well-marked pedestrian walks, crossings, signage, and adequate lighting, as approved by the Planning Board.
(7)
Surface treatment. All off-street parking and loading facilities, including site access driveways, shall be suitably improved, graded, stabilized, and maintained to ensure no nuisance or danger is caused from such or from erosion or surface water flow.
(a)
All off-street parking and loading facilities shall be paved in a manner with a dustless surface, providing for adequate drainage and stormwater management control and treatment.
(b)
Design plans for off-street parking and loading facilities shall comply with the permitting requirements, standards, and specifications of the Town's regulations for stormwater management and erosion and sediment control.
(c)
All non-residential and multifamily residential off-street parking and loading facilities, including site access driveways, shall be paved with bituminous concrete, concrete, or other suitable hard impervious or alternate hard surface pervious pavement system as approved by the Planning Board. Gravel, crushed stone, asphalt millings or similar shall not be used or deemed suitable for finished pavement surfaces. Facilities shall have a dustless surface capable of maintaining (accommodating) painted line striping as approved by the Planning Board.
(d)
The Planning Board may allow for alternative surface treatments such as pervious pavers, gravel or similar (excluding asphalt millings) in seasonally or less frequently used parking areas, such as at parks and public trail access locations, outdoor storage areas where the materials to be stored would otherwise damage the integrity of a paved surface, areas approved as overflow parking, and in non-commercial parking lots of less than 20 spaces, in accordance with the following provisions:
[1]
The proposed alternative surface treatment is determined to be suitable and adequate for the intended purpose.
[2]
Engineering details which depict the typical section of the proposed alternative surface treatment must be submitted and approved by the Planning Board.
[3]
The proposed site design and alternative surface treatment must allow for stormwater management collection and runoff control in accordance with this chapter and as otherwise required by the Code of the Town of North East.
[4]
The proposed alternative surface treatment, and/or the use thereof and/or materials to be placed or stored thereupon has been adequately demonstrated not to result in or cause a condition resulting in adverse environmental impacts to the immediate and surrounding area (i.e., cause or contribute pollution to surface and/or ground resources).
(8)
Grades. Non-residential and multifamily residential off-street parking and loading facilities shall have a grade of no less than 1% or greater than 5%. Access site driveways shall have a grade not to exceed 10% and shall meet the street line and travel way of the street with proper transition grades and sight lines for safe, convenient, and efficient access and in such a manner as to conform to the established cross section for the street.
(9)
Dimensions of access driveways, parking aisles and off-street parking and loading spaces.
(a)
Two-way traffic flow access driveways from abutting streets, between properties, and within parking facilities shall have a minimum aisle width of 24 feet.
(b)
One-way traffic flow access driveways and parking aisles may provide a reduced width as approved by the Planning Board subject to the minimum aisle widths set forth below (see table below: Off-Street Parking Dimensions).
(c)
Wider access driveway and parking aisle widths shall be subject to Planning Board approval based on the use and anticipated type and size of vehicles anticipated. Mountable pavements and landscaped islands in split boulevard entrances may be required by the Planning Board.
(d)
Off-street parking spaces. Each off-street parking space shall be of such shape as to contain a rectangle having the width, depth, vertical clearance, and access aisle width as to accommodate the vehicle intended for such parking space as follows:
Off-Street Parking Dimensions | ||||
|---|---|---|---|---|
Angled Parking | 0 Degrees | 50 Degrees | 60 Degrees | 90 Degrees |
Stall width1 | 9 feet | 9 feet | 9 feet | 8 feet |
Stall length2 | 18 feet | 18 feet | 19 feet | 22 feet |
Aisle width | 24 feet | 12 feet | 14 feet | 24 feet3 |
Vertical clearance | 7 feet | 7 feet | 7 feet | 7 feet |
Accessible spaces | ADA accessible parking spaces shall comply with the size, slope and other standards applicable per federal and state law. | |||
1Ten feet if adjacent to an interior or exterior wall or columns. |
2Adjacent and overhanging a sidewalk, such sidewalk minimum width shall be per § 180-23B of this chapter. |
3Two-way traffic flow; 12 feet if restricted one-way traffic flow. |
(e)
Off-street loading spaces. Each off-street loading space shall be of such shape as to contain a rectangle having the width, length, vertical clearance, access, and slope as to accommodate the vehicle intended for such loading space.
Off-Street Loading Dimensions | |||
|---|---|---|---|
Type | Width | Length | Clearance |
SU30 | 12 feet | 30 feet | 15 feet |
WB50 | 12 feet | 50 feet | 15 feet |
Access and Slope | |||
Access | As deemed acceptable and approved by the Planning Board. | ||
Slope | |||
E.
Maintenance of off-street parking and loading facilities required.
(1)
Off-street parking and loading facilities shall be routinely maintained as designed and continuously kept in satisfactory condition to be attractive, free of hazards, nuisances and other unsafe conditions which could create potential for injury or casualty to life or property.
(2)
Off-street parking and loading space striping, pavement markings, and traffic directional flow signage shall be subject to regular maintenance to ensure all spaces and traffic controls are readily visible and comprehensible.
(3)
Off-street parking and loading facilities shall not be reduced or encroached upon in any way and shall include adequate accommodation for the storage of plowed snow outside of parking and loading spaces.
(4)
Off-street parking and loading spaces shall be kept free of obstructions and shall not be used for other purposes (e.g., shall not be used for storage or placement of trailers, RVs, dumpsters, media dispensers, collection or donation containers, snow removal equipment, outdoor display or vending, storage containers, advertising devices, or other non-authorized uses).
(5)
The overnight parking or storage of campers, boats, RVs, tractor trailers (except in designated loading spaces and when associated with the principal use of the premises) or similar vehicles shall be prohibited for parking lots associated with uses requiring Planning Board site plan approval.
F.
Alternative and deferred off-street parking and loading space provisions.
(1)
Off premises parking. If off-street parking spaces required by this chapter cannot be reasonably provided on the same lot on which the principal use is conducted, the Planning Board may permit such off-street parking to be provided on a different property, provided:
(a)
The off-street parking spaces are located within 400 feet of the nearest property line of the lot upon which the related principal use is located.
(b)
The off-street parking spaces are not otherwise required for the uses on the different property.
(c)
A written easement agreement for access and use subject to Planning Board approval shall be recorded upon the County Land Records.
(d)
Such off-street parking spaces shall not thereafter otherwise be eliminated, reduced, or encroached upon in any manner unless other off-setting replacement off-street parking spaces are provided as approved by the Planning Board.
(e)
Off premises parking facilities shall provide safe and convenient walking between uses and parking, including safe, well-marked pedestrian walks, crossings, signage, and adequate lighting, as approved by the Planning Board.
(2)
Joint use parking. Upon the authorization of the Planning Board, the owners of two or more abutting properties may establish a joint parking facility, which may be located on any of the properties involved, to provide the total number of required parking spaces for each property collectively.
(a)
Upon establishment of a joint use arrangement, agreements shall be entered into by the property owners granting mutual use and access easement provisions to the parties and their successors in title in perpetuity. The agreement and corresponding cross-easements of access and use, and any amendments thereto, shall be approved by the Planning Board and shall be recorded upon the County Land Records.
(b)
Joint use of parking shall only be applicable to the specified uses and the site plan as approved. Changes in the uses, peak hour usage or other related operational characteristics shall require timely reconfirmation by the Planning Board as to the appropriateness of continued applicability of the joint use parking arrangement or otherwise need for provision of additional off-street parking spaces. Failure to obtain said reconfirmation or provide additional off-street parking spaces as may be required by the Planning Board shall constitute a zoning violation for any uses approved expressly under the joint use parking agreement, which could result in making the joint parking arrangement null and void.
(c)
Joint use of parking facilities shall provide safe and convenient walking between uses and parking, including safe, well-marked pedestrian walks, crossings, signage, and adequate lighting, as approved by the Planning Board.
(3)
Shared use parking. The Planning Board encourages parking lots for different structures or uses, or for mixed uses, to be shared.
(a)
A reduction in the minimum number of required off-street parking spaces may be approved by the Planning Board where a sharing of parking by a mix of land uses on the same or abutting properties can be shown to have operational and functional differences in their uses and peak demands for parking.
(b)
Up to 40% of the total off-street parking spaces collectively required by all uses involved may be shared where different peak operating periods can be adequately demonstrated to the satisfaction of the Planning Board.
(c)
In determining the parking requirements for any proposed use, the Planning Board shall consider the parking standards for said use as set forth in this chapter together with the following criteria:
[1]
The number of anticipated persons (employees, customers, clients, members, students, or other users) in need of parking throughout a typical day and week, as well as the maximum number of persons at times of peak daily usage.
[2]
The size, number and type of mixed land uses.
[3]
An estimate of anticipated turnover in parking space use over the course of 24 hours at the site.
[4]
The type and hours of operation and parking demand for each use.
[5]
The rural, environmental, scenic and/or historic sensitivity of the site.
[6]
Other information deemed warranted or relevant by the Planning Board.
(d)
Off-street parking spaces to be shared shall not be reserved for individuals or groups on a 24-hour basis.
(e)
Principal buildings sharing a parking facility do not need to be located on the same lot, but each principal building shall be a maximum of 400 feet from the closest parking space in the lot providing the shared spaces. A waiver of the maximum allowable distance between the principal building and associated shared parking may be approved by the Planning Board with written justification and supporting information provided by the applicant.
(f)
Uses sharing a parking facility shall provide for safe, convenient walking between uses and parking, including safe, well-marked pedestrian walks, crossings, signage, and adequate lighting, as approved by the Planning Board.
(g)
Legal assurance to the satisfaction of the Planning Board shall be provided detailing how the different peak operating periods (staggered hours of operation) will continue for the life of the approved uses. In addition, facilities involving multiple properties, upon establishment of a joint use arrangement, agreements shall be entered into by the property owners granting mutual use and access easement provisions to the parties and their successors in title in perpetuity. The agreement and corresponding cross-easements of access and use, and any amendments thereto, shall be approved by the Planning Board and shall be recorded upon the County Land Records.
(h)
Shared use parking shall only be applicable to the specified uses and the site plan as approved. Changes in the uses, peak hour usage or other related operational characteristics shall require timely reconfirmation by the Planning Board as to the appropriateness of continued applicability of the granted shared parking arrangement or otherwise need for provision of additional off-street parking spaces. Failure to obtain said reconfirmation or provide additional off-street parking spaces as may be required by the Planning Board shall constitute a zoning violation for any uses approved expressly under the shared parking agreement, making the shared parking arrangement null and void.
(4)
All parking facilities shall include safe, convenient and well-marked pedestrian walks, crossings, signage, and adequate lighting, as approved by the Planning Board.
(5)
Reduced parking. The Planning Board may permit off-street parking spaces less in number than specified in this chapter provided each of the following standards are met:
(a)
The applicant can demonstrate to the satisfaction of the Planning Board that the number of otherwise required minimum off-street parking spaces exceeds the design-hour requirement for the site uses.
(b)
The applicant can demonstrate to the satisfaction of the Planning Board that such parking space reduction will not induce parking on public streets or result in hazardous conditions for vehicles and pedestrians upon or in proximity to the subject property.
(c)
The number of spaces provided on the site plan are sufficient to accommodate the vehicles of all persons using and visiting the particular use or occupancy of a building, structure or land proposed on the site plan.
(d)
The reduction shall only be applicable to the specified uses and the site plan as approved. Changes in the uses or their operational characteristics shall require reconfirmation by the Planning Board as to the appropriateness of continued applicability of the granted parking reduction or otherwise need for provision of additional off-street parking spaces. Failure to obtain said reconfirmation or provide additional off-street parking spaces as may be required by the Planning Board shall constitute a zoning violation, making the parking reduction null and void.
(6)
Deferred parking (reserved land banking). The Planning Board may permit a deferral in the number of "developed" parking spaces where accessible reserve areas are adequately land banked on a site and designated on an approved site plan.
(a)
At the discretion of the Planning Board upon evaluation of anticipated current demand, or, if an applicant can demonstrate that the actual demand is less than the minimum required number of parking spaces for said use, the Planning Board may approve a deferred parking plan reserving up to 40% of the total otherwise required spaces.
(b)
Such reserved spaces shall be of standard design, shown in hatched lines and labeled "Deferred Parking" on the site plan.
(c)
Land approved as deferred parking shall remain in its natural state or be landscaped but shall not be used in a manner that would prevent it from readily being developed for parking in the future. The Planning Board may require the area of deferred parking to be rough graded to accommodate future development as parking without the need for notable excavation or filling.
(d)
A covenant shall be executed on the County Land Records legally guaranteeing that the owner will provide the additional spaces if the Zoning Enforcement Officer or the Planning Board upon investigation of the actual use of parking spaces at the site of deferred parking warrants the need for some or all of the reserved parking spaces to be installed and made available.
(e)
The Planning Board may require the future construction of said deferred parking, or portions thereof, into usable parking, within 90 days of written notice to do so based upon a change in parking demand, a change of use, or a change of traffic safety circumstances as determined by the Planning Board, and provided such notice shall take into account the time of the year suitable for pavement installation. Failure to construct such spaces pursuant to such request shall constitute a zoning violation and the site plan approval associated thereto.
(7)
Waiver of off-street loading spaces. The Planning Board may waive the requirement for off-street loading spaces if in its judgment such is not necessary or warranted for the use or development. However, the area for future loading space must be documented on the site plan so that it will be available for future use if needed. The Planning Board may require the deferral of any such loading spaces, consistent with the requirements for deferred parking as set forth in this chapter.
A.
Purpose and intent.
(1)
Quality site landscaping complements the Town's overall appearance as a place that appreciates natural beauty, cultivates native trees, shrubs, and groundcovers, while using plantings to minimize the more artificial aspects of the built environment, in accord with the necessity of making the site and larger community carbon neutral. Naturalization of the built environment functioning harmoniously and with stimulating variety is sought as opposed to homogenous environments requiring greater controlled maintenance.
(2)
The purpose of these landscaping standards is to enhance community aesthetics and improve environmental and ecological qualities by:
(a)
Preserving existing native and non-invasive plantings, enhanced with new plantings that are resilient and sustainable in the area's natural conditions.
(b)
Recycling air and water, absorbing pollution, and sequestering carbon.
(c)
Providing shade, air-cooling, and windbreak protection.
(d)
Controlling flooding and erosion of topsoil.
(e)
Providing habitat and food sources for birds, insects, and other wildlife species.
(f)
Assisting in improving biodiversity.
(g)
Planning for water-wise and efficient maintenance.
(h)
Establishing visual relief to large expanses of paved areas.
(i)
Softening edges of buildings, making large buildings appear smaller (more human scale), and creating places for social gathering.
(j)
Buffering and screening incompatible uses and different intensities of use, and providing privacy from visual intrusion, light and noise.
(k)
Creating physical and visual separation for pedestrians and bicyclists from vehicular traffic.
(l)
Improving the quality, appearance, and beauty of the local environmental conditions.
(m)
Protecting the town's resource-rich landscape guided by a strong commitment to preserve and enhance its environment and ecosystems.
(3)
It is the intent of these standards that, at minimum, landscaping standards shall be implemented reflecting both the scale and type of development proposed. Recognizing not all parcels or site developments are the same, these standards provide flexibility in meeting the intent of required landscaping. These standards are intended to ensure development activities include and maintain quality landscaping designed to safeguard and protect property values, as well as public and private investment. The intent also seeks to preserve and enhance natural ecosystems while ensuring the adequacy and appropriateness of new landscape plantings as to type, location, function, density, sustainability, and attractiveness. It is further intended that existing and new landscaping be properly maintained.
B.
Applicability. These landscaping standards shall apply to all uses (principal and accessory) for which special permit and/or site plan approval is required in all zoning districts. A landscaping plan as required by these standards commensurate with the scope and content of an application for site plan approval shall be submitted with such application.
C.
Landscaping design standards.
(1)
Landscape design.
(a)
Landscaping within a site shall be designed to facilitate conservation and enhancement of existing vegetation, predominately consisting of the retention and addition of native plant species. Existing and new landscaping shall dominate the site development plan, integrating the various elements of site design through landscaping, and by preserving and enhancing the existing natural identity of a property, creating an attractive site character and appearance.
(b)
All areas of a lot not covered by buildings and other structures, outside storage, paving and other built components shall be suitably landscaped with a variety of trees, shrubs, and groundcover plantings, predominantly consisting of native species and cultivars not susceptible to widespread diseases or insect infestation, or left as natural terrain if not disturbed by proposed development activities. Landscaping shall include multi-season variety, flowering, and interest.
(c)
Landscaping shall be provided to minimize environmental impacts associated with parking and other paved surfaces associated with the accessory needs of a facility and use, while improving the visual aesthetic of the surrounding primarily rural and farm residential community. Some examples of requirements include but are not limited to:
[1]
Intermingling of developed surfaces with vegetated and natural environments.
[2]
Implementation of onsite subsurface infiltration systems and surface natural retention systems such as rain gardens, vegetated swales, and riparian buffers.
[3]
Implementation of effective filtration and biological systems to protect water supply. Stormwater runoff is to be controlled and treated onsite and without direct discharge into wetlands or watercourses and associated buffers.
[4]
Incorporation and addition of tree shading and alternative pavement materials to minimize heat effects of pavement and other hard surfaces.
(d)
The identification of and proposed means for removal and/or management of existing invasive species shall be provided as part of the overall landscaping plan proposal.
(e)
The Planning Board shall require suitable landscaping to screen and/or buffer accessory components (parking and loading, refuse facilities, utilities, stormwater management controls, etc.) and incompatible abutting land uses.
(f)
Routing and installation of subsurface utilities shall be coordinated to preserve existing vegetation and to not hinder the installation, growth, and maintenance of proposed landscaping.
(2)
Existing vegetation.
(a)
Healthy native and non-invasive existing vegetation is to be preserved to the greatest extent practicable by minimizing proposed clearing and grading and by avoiding the drip-line area of existing trees to remain to protect the tree's root system. Provisions shall be detailed as to how the existing vegetation remaining will be protected during construction.
(b)
The following existing vegetation shall be preserved to the maximum extent practical:
[1]
Trees 16 inches or more in diameter at breast height (dbh), or trees of lesser diameter as determined by the Planning Board to be important to the site landscape.
[2]
Native trees with multifaceted contributions to local ecological habitats and that promote biodiversity.
[3]
State and federal listed rare flora species, as well as mature trees and where practical, keep healthy, thriving existing trees and plants.
[4]
Native trees, shrubs, and groundcover plantings, which help mitigate the worst effects of climate change.
(c)
At the discretion of the Planning Board, where sufficient natural vegetation exists it may be substituted in total or part for required new landscaping, provided said landscaping is effective in achieving the intent of these standards.
(d)
Healthy native and non-invasive existing vegetation along watercourses shall be preserved and enhanced to maintain an effective and densified riparian buffer running parallel to the watercourse for a minimum width distance of 30 feet measured outward from the mean high-water line of the watercourse.
(3)
New landscaping.
(a)
The specification of native and non-invasive plant species shall be the focus of landscaping plans. New landscaping materials shall consist predominately of species native to the area and to a lesser extent non-invasive species adapted to the climatic conditions of the larger region. Plant species that contribute to the wellbeing of birds and insect pollinators are preferred. Invasive plants species identified within the region shall not be proposed or permitted.
(b)
Reference is hereby made to a list on file with the Zoning Enforcement Officer of prohibited invasive or otherwise ecologically harmful plant species, as developed and amended from time to time by the Town of North East Conservation Advisory Council. Landscaping plans shall not incorporate plants that are identified on the prohibited list. At its discretion, the Planning Board may rely on additional resources, experts and studies when determining if other plant species shall be prohibited.
(c)
Reference is hereby made to a list on file with the Zoning Enforcement Officer of recommended native plant species for landscaping plans, as developed and amended from time to time by the Town of North East Conservation Advisory Council. Applicants are encouraged to select native landscaping plant species from the recommended list to achieve the ecological benefits described above.
(d)
Landscaping shall be planted and maintained in a healthy, growing condition according to accepted horticultural practices. Plant species shall be selected to minimize the need for irrigation and/or application of pesticides, herbicides, and/or fertilizers. Plant species included in landscaping plans shall be hardy and resilient in the current climate conditions prevalent in the Town of North East, and shall also take into account the effects of climate change including periods of drought and high rainfall, elevated temperature and shorter intervals of frozen ground.
(e)
Landscaping shall include a generous mix of deciduous and evergreen trees, ornamental trees, shrubs, perennials, and ground covers other than lawn. Areas of lawn shall be minimized to reduce site maintenance, to favor plantings beneficial to biodiversity, and erosion concerns. Annual plantings are also encouraged to supplement principal site landscaping.
(f)
A variety of shade tree species to provide visual interest, to protect against the same species die-out or disease, and for tolerance to road salt shall be provided.
(g)
Landscaping shall provide visual interest in all four seasons as landscaping limited to deciduous trees and shrubs leaves a barren winter landscape. Site landscaping shall be designed to blend in with the prevailing scale, appearance, and neighboring uses, and where required by the Planning Board, effectively buffer and screen incompatible aspects of development.
(h)
Landscape plantings of shrubs, ground cover, and shade and evergreen trees, as well as perennials and annuals and other materials such as rocks, water, walls, fences, paving materials, and street furniture, shall be encouraged to create pedestrian-scale spaces and to maintain landscape continuity within the community. As may be approved by the Planning Board, sculpture and art may also be integrated into the landscape plan and is encouraged.
(i)
Landscaping shall be provided generally at the base of and surrounding buildings, structures, refuse and recycling enclosures, mechanical equipment, free-standing signs, and similar site features. Freestanding light fixtures shall be appropriately sized and located in landscaped areas and parking lot landscaped islands and integrated with sidewalks and other areas outside of parking areas.
(j)
Irrigation where included shall be detailed and the sufficiency of the water source and supply shall be demonstrated.
(k)
Certain landscaping shall be installed with the following minimum sizes:
(l)
All disturbed areas to be landscaped shall be restored with topsoil, sufficient to ensure the health of the plantings but not less than six inches unless otherwise permitted by the Planning Board and specified on the landscape plan.
D.
Landscape buffers and screens.
(1)
Landscaping in combination with fences and walls shall be required by the Planning Board to provide screening and buffering of parking and loading facilities, services areas, site utilities and other on and offsite conditions.
(2)
Landscape buffering and screening may be required to create boundaries and transitions between areas of differing development intensities, as well as to separate areas of incompatible land uses.
(3)
Landscape buffers and screens shall be consistent with the general landscaping design standards set forth in these standards as well as the following:
(a)
Required buffer and screen landscaping shall include retention of existing desired vegetation as supplemented and augmented with new plantings where practical.
(b)
Landscape buffers and screens shall consist of a combination of deciduous and evergreen trees and shrubs, fencing, walls, as well as constructed planted berms or natural landforms. The species type and combination of plantings shall address long term provisions to maintain an effective buffer and screen as the plants grow and age.
(c)
Where vegetation is used or required to provide all-season screening, such shall consist of evergreen trees and shrubs configured in staggered rows to provide maximized protection. The selection of evergreen trees and shrubs should be chosen for their ability to remain full to the ground, with the inclusion of mid-size evergreen shrubs combined with evergreen trees to maximize understory protection as the trees mature and lower branches thin-out.
E.
Pedestrian walkways and parking areas.
(1)
Pedestrian walkways.
(b)
Pedestrian walkways shall be raised by curbing where appropriate, provide handicap accessible access, and be constructed of a different paving material than the parking pavement, such as bluestone, brick, pavers, concrete (including stamped or colored), or other porous or pervious decorative materials.
(c)
Preferred curbing shall consist of durable materials such as granite, stone or block, or concrete. Use of asphalt curbing is discouraged.
(d)
Wheel stops shall not be used in the direction of pedestrian movement as they present a tripping hazard.
(2)
Parking area landscaping.
(a)
Landscaping islands shall be used and designed to delineate vehicular and pedestrian patterns, integrated with the use of different colored and textured paving materials, raised or inverted areas, and other techniques used to further direct the flow of both vehicular and pedestrian traffic within a development site. Landscape islands may include raised or depressed areas based on the integration of the landscaping and stormwater management controls. However, stormwater management shall not compromise the need for landscape aesthetics.
(b)
Parking area landscaping shall provide a combination of shade and ornamental trees, shrubs and groundcover plantings (other than lawn) to break up expanses of pavement, ensure sufficient shading of parking areas, and minimize long-term maintenance needs.
(c)
Parking areas with 15 or more spaces shall be defined by landscaped islands. At minimum, 15% of the area of parking (defined by drawing an outer permitter of all paved areas) shall include landscaped islands within the internal environments of such areas. Landscape islands shall be of sufficient size and design to support the growth and continued health of the plants within. At minimum, landscaped islands shall be provided as follows:
[1]
Between bays of parking spaces with a minimum island cross width of 12 feet.
[2]
Between a bay of contiguous parking spaces of 20 or more with a minimum island depth and width equal to the measurements of a parking space.
[3]
Between parking spaces and loading spaces, storage areas, utility pads, dumpster enclosures, and similar accessory aspects with a minimum island depth and width equal to the measurement of a parking space.
[4]
Between transitions of rows of parking spaces such as at perimeter corners (rather than striping or open areas unusable for compliant parking).
(d)
Parking areas shall include an appropriate number and placement of shade trees to provide shade across a minimum of 30% of the paved area as follows:
[1]
Shading shall be based on that provided by shade trees only.
[2]
The shade diameter of a shade tree shall be based on the expected canopy diameter (according to authoritative resources) of each shade tree at 15 years of age.
[3]
The area of shade provided by the shade trees shall be calculated as if the sun were directly overhead.
[4]
Overlapping areas of shade (where shade canopies of two or more trees overlap) shall not be counted twice.
(e)
Parking areas and associated drainage facilities shall be designed to accommodate snow storage without detriment to wetlands, watercourses, landscaping, and pedestrian walkways. The location of such snow storage shall be appropriately located to avoid and prevent snowmelt containing salt or other deicer chemicals from flowing directly into such areas.
(f)
Bicycle racks, where provided, shall be integrated with the overall design, and located in an area that does not conflict with vehicular access, parking spaces and pedestrian walkways.
F.
Landscaping plan requirements.
(1)
Landscaping plans shall be prepared by a person or firm with landscape design experience and of native plant species prevalent in northeast Dutchess County. It is recommended, and may be required by the Planning Board, that a required landscaping plan be prepared by a New York State licensed landscape architect.
(2)
Plans for landscaping shall include sufficient information to determine compliance with these standards. The following basic information shall be provided (in addition to that otherwise required for site plans), except as may be waived by the Planning Board if determined not applicable to the application under review:
(a)
Location and boundaries of existing natural land features on the property, including exposed ledge and rock outcrops, hedgerows, trees 16 inches or more in diameter at breast height (dbh), mapped significant habitat areas, stonewalls, wetlands and watercourses, and steep slopes of 15% and greater.
(b)
Aerial photo (i.e., Dutchess County Parcel Access, Google Earth or similar) to show current site conditions and general location for vegetation resources.
(c)
Identification of all proposed changes to existing natural land features, including existing trees to be removed and existing trees to remain, as well as proposed measures and details thereof for their protection in the field during construction. The landscaping plan shall also detail natural features and existing vegetation to be left in its natural state.
(d)
Location of proposed landscaping keyed to a "Plant Schedule" with the following minimum information:
[1]
Organized by plant type (tree, ornamental, shrub, groundcover, etc.).
[2]
Identification of proposed plant species defined by common and scientific name, native status, and non-inclusion on the prohibited plant list (see also Subsection C(3) above for prohibited and native plant lists).
[3]
Quantity of each species.
[4]
Installation size (at time of planting).
[5]
Root conditions (ball and burlap, container, etc.).
[6]
Any specialized species specific or planting and maintenance instructions.
(e)
A Landscaping Operations and Maintenance Plan shall be provided addressing at a minimum the following:
[1]
Provisions for initial planting establishment.
[2]
Provisions and schedule for long term general maintenance (weeding, mulching, pruning, perennial cut back, general care, etc.).
[3]
Provisions for watering at initial planting, long term, and during potential times of drought.
[4]
Provisions for replacement of nonperforming required site plantings over time due to damage, disease or other adverse impacts to the plant's health and functionality as originally intended.
(f)
Other information, as may be required by the Planning Board.
G.
Landscaping compliance and inspections.
(1)
Landscaping shall be maintained in a healthy growing condition. Dead or diseased landscaping shall be promptly replaced consistent with the original approved landscaping plan as approved by the Planning Board.
(2)
The maintenance of landscaping shall be the ultimate responsibility of the property owner. Lack of maintenance in a proper, neat, and functional condition shall be construed to be a violation of this chapter and subject to the penalties provided by law.
(3)
Landscaping shall be subject to inspection by a designated agent of the Town, as well as an investigation of complaints made by any official or private citizen concerning the maintenance of such.
(4)
The Planning Board may require as a condition of site plan approval, project specific inspections and reporting by an appropriate professional at the expense of an applicant to assess the efficacy of installed landscaping prior to and during the initial two years, or longer as deemed warranted by the Planning Board, following acceptance by the Zoning Enforcement Officer of completed landscaping.
Motor vehicle body shop, motor vehicle repair shop and motor vehicle sales and rental uses shall comply with the following supplemental standards:
A.
General standards.
(1)
All service and repair work on motor vehicles other than minor short duration servicing, such as the changing of tires, wiper blades, lights, adding of fluids (not changing of such), and other similar items shall be conducted in a fully enclosed building (shall not be construed to mean that the service or garage doors to any automobile or body shop must be kept closed at all times).
(2)
All storage of parts, scrap etc. shall be within enclosed structures.
(3)
Appropriate plans shall be detailed providing for the environmentally sound temporary storage and disposal or recycling of wastewater, oil and gasoline products and other hazardous materials, or discharges of same.
(4)
All waste materials shall be properly stored in containers prior to disposal within a structure or within an adequately landscaped and fenced or walled enclosure.
(5)
Dismantling, wrecking, or the sale of such vehicles or their parts shall not be permitted.
(6)
No wrecked, inoperative, disassembled, or abandoned motor vehicle, or portions thereof shall be kept on the premises for longer than two weeks unless kept in buildings or approved storage areas.
(7)
Retail car washing shall not be permitted. Ancillary car washing by the facility operator is permitted provided such is done within an entirely enclosed building and all wash water effluent is collected and recycled within the building.
(8)
Outdoor display or storage of motor vehicles.
(a)
All outdoor displays or storage of motor vehicles shall be located on the same lot and shall comply with the required yard area setbacks for parking.
(b)
The display or storage of motor vehicles shall be limited to those portions of the site designated on the site plan as approved by the Planning Board.
(c)
The areas devoted to outdoor display or storage of motor vehicles shall be in addition to the required minimum off-street parking spaces for the principal use.
(d)
The layout of vehicle storage including display parking storage shall not hinder internal vehicle circulation within the site.
(e)
Stacking (tandem) of motor vehicle storage spaces may be included provided such is organized and located in such a manner as to facilitate safe and convenient vehicle and pedestrian access.
(f)
No mechanical or structural parking lift devices shall be permitted for the outdoor storage or display of motor vehicles.
(g)
Vehicle display and storage areas shall be constructed and maintained with an approved all season surface treatment, including pervious or impervious paved surface materials, gravel or stone (not millings), or other suitable surface treatment approved by the Planning Board.
(9)
The sale of used vehicles at a motor vehicle body shop or motor vehicle repair shop may be permitted, subject to the following limitations:
(a)
The sale of used vehicles as an accessory land use shall be permitted pursuant to an appropriate State of New York license authorizing the selling of used automobiles.
(b)
No more than six used vehicles for sale shall be permitted on the premises at any given time.
(c)
Authorized used vehicles shall be stored in a designated area as set forth on the approved site plan as approved by the Planning Board.
(d)
The designated storage of authorized used vehicles shall be in addition to the required minimum off-street parking spaces for the principal use.
(10)
The rental of vehicles at a motor vehicle body shop or a motor vehicle repair shop may be permitted, subject to the following limitations:
(a)
The rental of vehicles as an accessory use shall be permitted pursuant to an appropriate State of New York license authorizing the rental of automobiles.
(b)
No more than 10 rental vehicles for rent shall be permitted on the premises at any given time.
(c)
Authorized rental vehicles shall be stored in a designated area as set forth on the approved site plan as approved by the Planning Board.
(d)
The designated storage of authorized rental vehicles shall be in addition to the required minimum off-street parking spaces for the principal use.
B.
Motor vehicle body shop specific standards.
(1)
An application for a motor vehicle body shop shall provide an operations plan detailing the policies and procedures that will be followed relating to the following:
(a)
The storage, use and disposal of cleaning solvents, thinners and paint products used in conjunction with painting and repair activities pursuant to federal, state, county and local laws, regulations, ordinances, and requirements.
(b)
The packaging and handling of hazardous materials used in conjunction with painting and repair activities.
(c)
The control of solids, liquids and airborne particulates produced during grinding, sanding, or coating, to prevent contact with the ground and potentially contaminating stormwater runoff.
(d)
The storage, handling, and disposal of hazardous waste resulting from painting and repair activities, pursuant to federal, state, county and local laws, regulations, ordinances, and requirements.
C.
Motor vehicle repair shop specific standards.
(1)
Temporary storage of facility and customer repair vehicles shall be limited to those designated as storage areas on the site plan as approved by the Planning Board.
D.
Motor vehicle sales and rental specific standards.
(1)
Sales or rental offices shall be located entirely within an enclosed building.
(2)
Accessory motor vehicle repair or body shop services shall not be permitted unless the principal use is permitted in the underlying zoning district of the subject lot. If permitted, the accessory service facilities shall be located entirely within an enclosed building and shall comply with the supplemental specific standards for such use as set forth above.
(3)
May include a small ancillary retail store within the principal building for the sale of motor vehicle merchandise and parts not to exceed a gross floor area of 500 square feet (does not include parts storage areas).
A.
Purpose and intent. The purpose of these outdoor lighting standards is to provide regulations which will protect the health, safety and welfare of the general public, conserve valuable energy resources, prevent light trespass from interfering with our quality of life, protect our ecological and natural resources, and preserve the ability to view the celestial features of the night sky for present and future generations. These provisions are designed so that outdoor lighting will be protective of the environment by applying to all new construction and when current outdoor lighting fixtures that are not in compliance with these standards are replaced. These standards provide for the following:
(1)
Provision of comprehensive regulations and guidelines for residents, business owners, and the municipality to understand and comply with standards for outdoor lighting.
(2)
Preservation of Town of North East's rural character, aesthetic values, and unique quality of life enjoyed by residents by preserving and enhancing the ability to view the night sky.
(3)
Ensuring public safety and security through implementation of best practices for lighting design and recognizing that extraneous lighting can often be a detriment to safety.
(4)
Advancement of sound environmental policies which will benefit residents and serve as a positive example.
(5)
Proper direction and use of light to minimize light trespass, glare, and energy wasted on unnecessary and indiscriminate illumination.
(6)
Elimination of the need for commercial establishments to compete for visual attention by escalating outdoor lighting levels.
(7)
Reduction in excessive illumination which can have a detrimental effect on flora and fauna that depend on the natural cycle of day and night for survival.
(8)
Prevention of nuisances caused by unnecessary light intensity, glare, and light trespass.
B.
Applicability.
(1)
Pre-existing outdoor lighting.
(a)
Lawfully pre-existing and operative outdoor lighting installed prior to April 9, 2026, may remain, except as otherwise required by these outdoor lighting standards.
(b)
Any pre-existing outdoor lighting fixture that is replaced, changed, repaired, or relocated, in whole or in part shall comply with these standards.
(2)
New outdoor lighting. All new outdoor lighting shall comply with these standards.
(3)
Non-residential lighting. Any changes to a non-residential property requiring special permit and/or site plan approval by the Planning Board shall be subject to these standards. The Planning Board may require existing outdoor lighting to be retrofitted or replaced consistent with these standards.
(4)
Residential lighting. Changes to a residential property whereby lot coverage or floor area is increased by 25% or more all associated new outdoor lighting shall be subject to these standards.
(5)
Prohibited outdoor lighting. The following outdoor lighting shall be prohibited within the Town except as may otherwise be permitted or exempt by these standards:
(a)
Lamps having a correlated color temperature exceeding 2,700 Kelvin.
(b)
Lighting that is utilized to illuminate a property other than that on which the light fixture is located.
(c)
Searchlights, except when used during and by emergency service providers.
(d)
Strobe and flashing lights, including laser light shows and aerial laser lights, unless temporarily triggered by a security system and extinguished at the time of security response.
(e)
Lights, including sign lighting, producing varying intensities, changing colors, blinking, pulsating, flickering, tracing, moving, scrolling, and rotating light, except identification lighting as required by the Federal Aviation Authority and exempt holiday lighting.
(f)
Neon lights and internal illumination of canopies, awnings, and signs.
(g)
Any type of lighting that is used to outline all or part of a building (for example, a window, roof, or gable), except fully recessed soffit lighting used to illuminate a walkway.
(h)
Lights mounted indoors projecting outdoors and intended to call attention to the premises as viewed from the outdoors.
(i)
Any light fixture that may be construed as, or confused with, a traffic signal or traffic control device.
(j)
Any outdoor light fixture that is not of a fixed, full cutoff or fully shielded design.
(k)
When visible across property lines, the illumination of vending machines after the close of business.
(l)
"Day burners" or outdoor lighting illuminated during daylight hours.
(m)
Any type of gas discharge or high-intensity discharge lamp, including but not limited to mercury vapor (MV), metal-halide, and high or low-pressure sodium lamps.
(6)
Exempt outdoor lighting. The following outdoor lighting shall be exempt from these standards:
(a)
All temporary emergency lighting that is determined to be necessary by the police, fire department, Superintendent of Highways, or other firefighting or emergency service providers.
(b)
Lighting used in municipal road construction or emergency repair or maintenance of utility lines, sewer, water mains or similar public infrastructure.
(c)
Holiday lighting as defined in this chapter.
(d)
Flag lighting provided that any such flag is not used for advertising purposes and the light source is not visible across property lines or from abutting public roadways and provided that the lighting for any single flag shall not exceed 700 lumens and that the aggregate lighting for all flags on any one property shall not exceed 1,200 lumens. Fully shielded downlighting is preferred to uplighting.
(e)
Underwater lighting in swimming pools, provided such lighting meets all relevant electrical codes and is not otherwise prohibited by this chapter.
(f)
Lighting for radio, communication, and navigation towers, provided that the owner or occupant demonstrates to the satisfaction of the Planning Board that the Federal Aviation Administration (FAA) regulations can only be met using lighting that does not comply with this article, and that the provisions of this article are otherwise fully met as possible. Lighting for any wireless communications facility shall not be permitted unless required by the FAA; in which case, required lighting shall be of the lowest allowed intensity, unless specifically forbidden by the FAA.
(7)
Nuisance lighting. The exemption provisions of these standards shall not apply upon the determination of the Zoning Enforcement Officer that certain pre-existing outdoor lighting creates nuisance lighting as defined in this chapter and as follows:
(a)
Light trespass shall be considered nuisance lighting when Illuminance at or beyond a property line exceeds that otherwise allowed pursuant to these outdoor lighting standards.
(b)
Glare light shall be considered nuisance lighting when a light source is seen from a neighboring property or roadway at sufficient intensity to cause discomfort, annoyance, or impaired visibility.
(c)
For residential properties only, glare from a light source shall not constitute a nuisance when the light source does not exceed 300 lumens.
(d)
Abatement of nuisance lighting. Preexisting outdoor lighting determined to be nuisance lighting shall comply with either of the following or replaced with a compliant light fixture:
[1]
To the extent that the abatement of nuisance lighting will require re-aiming a fixture or re-lamping to reduce lumen output, such lighting shall be re-aimed and/or re-lamped so that the light source is not visible across property lines.
[2]
To the extent that the abatement of nuisance lighting will require removing, replacing, shielding, retrofitting, or relocating a fixture, such lighting shall be removed, replaced, shielded, retrofitted, or relocated so that the light source is not visible across property lines.
(8)
Sign lighting. Illuminance of signs shall be external, preferably concealed LED downlighting washing over the face of the sign and shall be consistent with the regulation of signs as otherwise set forth in this chapter.
(9)
Special event lighting. Special event lighting shall be temporary, commensurate with the duration of the special permit and shall be consistent with the regulation of special events as otherwise set forth in this chapter.
(10)
Other jurisdictions. Federal, state, and county agencies with facilities located within the Town of North East are urged to comply with these standards except where doing so would conflict with established federal, state and county laws or regulations.
C.
Design standards for all outdoor lighting installations.
(1)
All new and replacement outdoor lighting shall be designed, located, lamped, directed, and maintained to prevent the following:
(a)
Nuisance lighting.
(b)
Unnecessary or excessive lighting and energy consumption.
(c)
Glare.
(d)
Light trespass.
(e)
Avoidable skyglow.
(f)
Needless detriment to species in natural communities proximate to lighting locations.
(g)
Interference with pedestrian or vehicular travel on streets, roadways and highways.
(2)
The following standards are applicable to all outdoor lighting required by these standards in all zoning districts:
(a)
Shielding. Unless otherwise permitted by these standards, lighting shall be dark-sky compliant, utilizing light fixtures which are fixed, full-cutoff and aimed straight downward and which do not cause glare or light trespass onto adjoining properties or into roadways. All outdoor lighting shall be designed so that filaments, light sources, and lenses are shielded and covered by the fixture housing made of an opaque material in such that they will be recessed and not visible horizontally or from neighboring properties and abutting streets. Lighting shall be located so not to interfere with or conflict with street traffic movements and traffic signals.
(b)
Foundation. All light poles shall be grounded with a suitable permanent foundation. All lighting mounted on buildings or other structures shall be securely attached.
(c)
Lamp type. Any lamp type except prohibited types may be used provided the lamp's correlated color temperature does not exceed 2,700 Kelvin and a color rendering index (CRI) value of 80 or greater. Applicants are encouraged to use the most energy-efficient lamp types available, provided they are not on the prohibited list as outlined in Subsection B(5) above.
(d)
Fixture style. The appearance of light fixtures shall be of a design and size compatible and complementary to the site, land use, and buildings and structures served. Site lighting shall be designed to be subtle and ancillary to the overall site design of buildings and exterior facilities, providing the minimal lighting necessary to carry out the functional aspects of site operations while ensuring safety.
(e)
Decorative illumination. Illumination of building facades, sculptures, and other structures of a decorative nature shall be prohibited, except as may approved by the Planning Board where said lighting is shown not to be nuisance lighting or otherwise causing an impact on its setting and surrounding environment.
(f)
Maintenance. Light fixtures and support/mounting devices shall be maintained in appearance, operation, and illumination conditions. Lack of maintenance in a proper, neat, and functional condition shall be construed to be a violation of this chapter and subject to the penalties provided by law.
(g)
Nuisance prevention. Outdoor lighting shall be designed, installed, and maintained to prevent emitted light from shining on or illuminating any neighboring property. Lighting shall be located so not to interfere with or conflict with street traffic movements and any traffic signals, or parking and pedestrian facilities. No outdoor lighting shall be maintained or operated in such a manner as nuisance lighting as defined in this chapter.
(h)
Motion sensors. To reduce unnecessary light and save energy, motion sensors should be utilized to control lights illuminating building entrances and accessways, rear yards and other site areas infrequently utilized. Motion sensors shall be programmed so not to be triggered by activity off the property served.
(i)
Limits of illumination. The number of exterior lights and the intensity of such shall be the minimum necessary to illuminate the location for safety, without glare or light spillage to adjoining properties. Not every situation will require lighting, such as situations that may utilize reflectorized markers, lines, or other passive means.
(j)
Light levels. Appropriate site lighting levels shall not exceed 0.1 to 1.0 footcandles for standard applications and shall not exceed 3.0 footcandles in high-use or high security area areas; shall not exceed a uniformity ratio (average to minimum) of 3:1 for parking and traffic areas and 4:1 for pedestrian areas; and shall not exceed a maintained average illumination level of 0.75 to five foot-candles at the ground.
D.
Residential lighting standards. All residential lighting as defined by this chapter shall additionally comply with the following standards.
(1)
Shielding. All outdoor lighting fixtures shall be fixed, fully shielded, and aimed straight downward, with the following exceptions:
(a)
Unshielded outdoor lighting fixtures operated by motion sensors are permitted, providing each of the following conditions are met:
[1]
The fixture is set to go on only when activated and to go off within a short duration (less than 15 minutes) after such activation.
[2]
The sensor shall not be triggered by activity off the property.
[3]
The output per fixture does not exceed 1,800 lumens (equivalent to 100 watts incandescent).
[4]
When operating, the light emitted by the fixture does not result in nuisance lighting as defined in this chapter.
(b)
Driveway lighting. Unshielded fixtures installed in or on a pillar or post at the foot of a driveway may not exceed 250 lumens (equivalent to 25 watts incandescent) per pillar/post.
(2)
Mounting height.
(a)
Building or structure. The mounting height of a fixture attached to a building or structure shall not exceed 12 feet from the lowest light-emitting point on the fixture to the area to be lit directly below the fixture, except for fully recessed soffit lighting that otherwise complies with these outdoor lighting standards.
(b)
Freestanding. The mounting height of any freestanding outdoor light fixture shall not exceed 10 feet (measured from the immediate ground elevation to the highest point of the pole and/or fixture).
(3)
Setback. The setback for a freestanding light fixture from side and/or rear yard property lines shall be no less than three times the mounting height.
(4)
Hours of operation. Automated shutoff controls for outdoor lighting are encouraged to conserve energy, to extinguish lighting that is not needed for safety, and to alleviate nuisance lighting.
(5)
Light trespass limits.
(a)
Lighting within a site shall be designed to facilitate conservation of the environment and preservation of community character. Site lighting levels shall not result in adverse light spillage over wetlands, watercourses, or other natural resource habitats sensitive to light and to the species inhabiting or utilizing such.
(b)
The maximum permitted illuminance at or beyond a property line shall not exceed 0.05 footcandles as measurable from any orientation of the measuring device.
(6)
Lumens. Lighting shall be limited to that necessary for operational and safety functions, the design of which shall be designed and maintained in a manner that is consistent and compatible with area residential land uses and properties. No individual light fixture shall have a total light output exceeding 2,600 lumens (equivalent to 150 watts incandescent).
E.
Non-residential lighting standards. All non-residential lighting as defined by this chapter shall additionally comply with the following standards.
(1)
Lighting plan required.
(a)
A comprehensive lighting plan prepared in compliance with Subsection F below shall be reviewed and approved by the Planning Board.
(b)
Where the total light output on a subject lot will not exceed 4,000 lumens and where all outdoor lighting will be fully shielded, the Planning Board may expedite its review and may waive the need for a photometric plan and/or one or more of the required lighting plan details.
(c)
Except as may be specified elsewhere in this chapter, all outdoor lighting fixtures shall be full cut-off fixtures with a maximum BUG Uplight rating of zero to prevent sky glow, glare and light trespass. Fixtures that do not have a BUG rating shall be identified by the IESNA as full cut-off fixtures or shall have the International Dark-Sky Association (IDA) Fixture Seal of Approval.
(2)
Mounting height.
(a)
Building or structure. The mounting height of a fixture attached to a building or structure shall not exceed 12 feet from the lowest light-emitting point on the fixture to the area to be lit directly below the fixture, except for fully recessed soffit lighting that otherwise complies with these outdoor lighting standards.
(b)
Freestanding. The Planning Board may consider mounting heights of outdoor freestanding light fixtures up to but not greater than 14 feet (measured from the immediate ground elevation to the highest point of the pole and/or fixture).
(3)
Setback.
(a)
Lighting fixtures and poles are permitted in front, side, and rear yards only to the extent that they are required to provide lighting for uses located within the permitted area. For example, lighting poles may be placed adjacent to a parking area when the parking area directly abuts a required yard.
(b)
When lighting poles are proposed to be installed within a required yard, the Planning Board may require extra shielding, height reduction or other measures to ensure that there is no resulting light trespass.
(c)
Light fixtures not exceeding four feet in height may be installed within required yards when necessary to light footpaths.
(4)
Hours of operation.
(a)
Lighting shall be designed to shut off when the facility served is closed. Nonessential outdoor lighting shall be turned off between 12:00 midnight until dawn.
(b)
The Planning Board may require the use of motion sensor devices to control site and building lighting.
(c)
The Planning Board may establish hours of operation in connection with a lighting plan and may require site lighting levels to be reduced on all or part of the site at different times of the day. The Planning Board may authorize specific lighting to remain on after the close of business provided such is shown to be the minimum necessary.
(d)
Overnight security lighting and essential lighting in operation after the close of business shall be controlled by timer sensors and motion sensors to minimize unnecessary lighting and impacts on neighboring properties and abutting streets.
(5)
Light trespass limits.
(a)
Lighting within a site shall be designed to facilitate conservation of the environment and preservation of community character. Site lighting levels shall not result in adverse light spillage over wetlands, watercourses, or other natural resource habitats sensitive to light and to the species inhabiting or utilizing such.
(b)
The maximum permitted illuminance at or beyond a property line shall not exceed 0.05 footcandles as measurable from any orientation of the measuring device. For fixtures with a BUG rating, the Town Engineer shall determine whether outdoor lighting will result in backlight or glare based on the BUG "Backlight" and "Glare" rating of the lighting fixture, the distance of the lighting fixture from the property boundary, and the fixture mounting height.
(6)
Replacement. As part of a site plan application, the Planning Board may require the replacement of existing light fixtures deemed noncompatible with these standards. The Planning Board may also require site lighting levels to be reduced on all or part of the site at different times of the day such as after a facility is closed or during a period of reduced usage. Such requirements shall be established as part of the review process.
(7)
Post inspection.
(a)
Approval of a lighting plan by the Planning Board shall authorize the Town with the right to conduct a post-installation inspection to verify compliance with the requirements of these outdoor lighting standards and, if appropriate, to require remedial action at the expense of the applicant.
(b)
The Planning Board may require a post-installation inspection conducted by a New York State licensed lighting engineer or other qualified licensed professional to verify compliance with an approved lighting plan. If required, the applicant shall submit a certification to the Planning Board verifying that such inspection was performed and that the installed system operates and is in conformance with the approved lighting plan along with a manufacturer's cut-sheet/certification for the installed fixtures prior to the issuance of a Certificate of occupancy or other Town approval.
(8)
Additional lighting requirements for specific applications. The following standards shall also apply to the specific lighting applications below:
(a)
Bank automatic teller machine (ATM) lighting (indoors and outdoors).
[1]
All fixtures shall be fixed, full-cutoff and shall not cause glare or light trespass onto adjoining properties or into roadways.
[2]
Light levels shall not exceed these outdoor lighting standards unless it can be demonstrated that state or federal regulations otherwise pre-empt these standards but in no case shall light levels be greater than the minimum light levels otherwise applicable.
(b)
Gas station lighting.
[1]
Canopy lighting shall be specifically aimed at pump operations to utilize targeted illumination that is shown to be the minimum necessary.
[2]
Canopy light fixtures shall be fully recessed to be flush with the canopy underside.
[3]
Gas stations permitted to operate with hours later than 10:00 pm shall utilize motion sensor activated light fixtures at the rear of buildings, service areas and other locations unnecessary for operation of pumps and pedestrian access between pumps and the building.
F.
Lighting plan and detail specifications.
(1)
Photometric plan.
(a)
A detailed photometric plan shall be provided as prepared by the fixture manufacturer or a New York State licensed lighting engineer or other qualified licensed professional experienced in preparing such plans.
(b)
The plan shall detail the footcandle measurement of all existing and proposed light fixtures on a grid across the site (overlaid upon the site plan showing the layout of existing and proposed improvements) showing readings in every five-foot square to the point where there is zero light emission, including at least 20 feet beyond site property lines.
(c)
The plan shall provide a calculation of the average maintained footcandles, maximum and minimum footcandle readings, and the average-to-minimum and the maximum-to-minimum uniformity ratios.
(d)
The plan shall identify the location, type, and mounted height of all existing and proposed light fixtures (i.e., pole-mounted, wall-mounted, soffit lights, sign lights, walkway, and landscaping lights, etc.)
(2)
Fixture and lighting control specifications.
(a)
A construction detail of each different proposed light fixture shall be provided on the plans:
[1]
Manufacturer and model number.
[2]
Photograph or graphic image of the fixture.
[3]
Manufacturer's catalog cutsheet with the specific options selected, including BUG rating or IESNA cut-off classification, color temperature (Kelvin), and motion-activated control with the specific options selected.
[4]
Photometric data.
[5]
Description and detail of the cutoff characteristics of each fixture, light output in initial lumens, lamp type, and Correlated Color Temperature.
[6]
Shielding or glare reduction devices used to control light output.
[7]
Timing devices or motion sensor devices used to control the fixtures and a schedule of the proposed hours when each fixture will be operated.
[8]
Detail of mounting or foundation.
(b)
The details shall specify overall height (ground to highest point on support pole, mounting or fixture head).
(c)
The plan shall indicate all distances of free-standing lights in proximity to nearby property lines.
(d)
A summary key table identifying the maximum, minimum, and average light levels in footcandles as well as uniformity ratios for all parking areas and walkways, including light contributions from adjacent sources.
(3)
The Planning Board may require submission of additional documentation, information, or analysis as deemed warranted or required to determine and verify that the preexisting and/or proposed outdoor lighting conforms to the provisions of these standards.
(4)
The Planning Board may waive any of the above submission requirements based on its determination that such is unnecessary or unrelated to the application at hand.
G.
Dark-sky acceptable and unacceptable light fixtures. All new and replacement light fixtures shall be dark-sky compliant consistent with these outdoor lighting standards. The diagram below illustrates examples of compliant and noncompliant dark-sky lighting fixtures and is intended for expository purposes and does not guarantee that any particular light fixture is acceptable.
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A.
Purpose. Uncontrolled land clearing involving excavation and/or deposition of earth materials may cause serious health, safety, and environmental problems, including erosion, siltation, flooding, and other potential harmful effects. It is the purpose of this section to prevent such harmful effects.
B.
Applicability.
(1)
Except as set forth under exempt activities below, no person, partnership, limited liability company, corporation, or entity of any kind shall:
(a)
Strip, excavate, or otherwise remove topsoil (for sale or without gratuity) for use other than on the property from which same shall be taken.
(b)
Operate, commence, or carry on activities which are primarily for the purpose of the sale or exchange of earth materials (fill, topsoil, earth, sand, gravel, rock, or other substance from the ground).
(c)
Operate, commence, or carry on activities which involve the processing of earth materials (fill, topsoil, earth, sand, gravel, rock, or other substance from the ground) imported to a property.
(d)
Excavate or deposit earth materials involving the transport from or brought onto a property exceeding 100 cubic yards during any consecutive 12 months.
(2)
Exempt activities.
(a)
Necessary excavating, grading, removal, or deposition of earth materials in direct connection with the construction or alteration of buildings, structures, off-street parking and loading areas, septic systems and other site improvements associated with and carried out in accordance with an approved Special Permit, Site Development Plan, Zoning Permit, and/or Building Permit.
(b)
Necessary excavation or deposition in direct connection with the construction of streets, drainage and all other required improvements associated with and carried out in accordance with an approved subdivision.
(c)
Necessary excavating, grading, removal, and deposition of earth materials in connection with improvements on the premises solely for farming or landscaping purposes (re-grading of difficult contours and excavation of gravel, dirt, loam, or stone by a landowner on his own property for use on the same property), including normal agricultural activities involving soil preparation and grading, provided that:
[1]
Such shall not result in the removal from or deposition onto such premises of more than 100 cubic yards of earth material during any consecutive 12 months.
[2]
Proper soil erosion and sedimentation controls are installed, and appropriate agricultural soil conservation practices are implemented. Such controls shall be maintained until the disturbance area is stabilized and exhibits healthy restorative vegetative growth.
[3]
The provisions of this section shall not be construed as prohibiting or limiting the normal use of land for farming or gardening or similar agricultural or horticultural uses in any district.
[4]
The provisions of this section shall not be construed as prohibiting the normal addition of topsoil or fertilizer to lawns and gardens or the addition of gravel or material for the primary purpose of improving or beautifying the surfaces of previously graded and established areas.
C.
Excavation and deposition standards.
(1)
No excavation or deposition shall create a finished slope exceeding one foot vertical to three foot horizontal unless a steeper grade, exposed rock face, foundation, or structural retaining wall (constructed in accordance with all applicable state and local laws, regulations, standards, and requirements) is expressly approved by the Planning Board, subject to certification by a Professional Structural Engineer.
(2)
Finished surface excavated to exposed rock shall have a slope no steeper than six feet vertically for each one foot horizontally.
(3)
No excavation shall be made lower than three feet above ledge or such greater distance above ledge as may be required to permit the re-graded site to meet the final restored grades.
(4)
No excavation shall be made below the normal groundwater table, or which results in a permanent ponding of water, unless expressly approved by the Planning Board.
(5)
All earth materials imported to a property shall be clean. No earth materials shall include solid waste, construction and demolition materials or debris, putrescible, organic, or hazardous material. Asphalt millings shall not be permitted as a surface course.
(6)
At all stages of work, proper stormwater drainage and erosion and sedimentation controls shall be provided to prevent excessive runoff and stagnant water, silting of streams or other water bodies, and damage to public or private property, streams, roads, or drainage facilities.
(7)
Adequate provisions shall be made to prevent the discharge of chemicals, anti-sticking agents, sediment, oil, or other pollutants off premises, into the ground, into wetlands or watercourses or as may otherwise cause harm to the environment.
(8)
Adequate precautions and provisions shall be made to control access to and from the disturbed area, including but not limited to dust controls and security fencing as may be necessary or required.
(9)
It shall be the responsibility of the operator and property owner to ensure that vehicles transporting earth materials to and/or from the premises are so loaded and/or secured, including load covers, and so there will be no spillage or release of such materials while in transport. Such shall also be liable for the cost of cleaning any earth material spillage or repairing any damage to any public or private road caused by improper loading or securing of loads.
(10)
No excavation, deposition, or processing activities shall take place before 7:00 AM or after 6:00 PM, nor at all on a Sunday or any day designated a federal, state or town holiday.
(11)
A minimum of six inches of topsoil shall be replaced over all disturbed ground surfaces not otherwise developed with approved site improvements (e.g., buildings, structures, paved surfaces or similar) or stabilized rock ledge exposed by any operation contemplated herein to ensure a stand of grass or other permanent vegetative cover to establish within two growing seasons. Exposed ground surfaces shall be seeded as required to prevent erosion before the permanent cover becomes established.
(12)
Proper measures shall be taken to ensure that the boundaries of the disturbance area are clearly delineated for the duration of the activity. Areas outside of the disturbance area shall be protected from damage.
D.
Processing standards.
(1)
No processing equipment (e.g., screens, crushers, grinders) shall be located or operated within 150 feet of a property line or a wetland or watercourse.
(2)
No processing equipment shall be located or operated within 300 feet of any place of assembly, school, or designated open space parcel or park.
(3)
No processing of any earth materials shall be permitted, except that originating on the property and for on-site use only.
(4)
All conveyors and chutes associated with processing equipment shall at all times of operation utilize noise reduction materials such as rubber lining or other noise abatement mitigating materials.
(5)
All processing equipment shall utilize muffler systems.
A.
Purpose and intent.
(1)
The purpose of these sign standards is to regulate the location, number, size, height, construction, mounting, duration, movement, materials, illumination, and condition of all signs placed on public and private property for exterior observation, thus ensuring the protection of property values, as well as the physical and cultural character of the community. Signs can obstruct views, distract motorists, displace alternative uses for land, and pose other problems that legitimately call for regulation.
(2)
These standards allow adequate communication through signage while encouraging aesthetic quality in the design, location, size, and purpose of all signs. These standards are consistent with the Town's Comprehensive Plan and the principles of Greenway Connections, which principles are hereby incorporated herewith by reference, to ensure signs will be compatible with the rural visual landscape, not dominate it.
(3)
A sign placed on land, a building or other structure for the purpose of identification, protection or directing persons to a use or activity conducted there must be deemed to be an integral but accessory and subordinate part of the principal use of the premises. Therefore, the intent of these sign standards is to establish limitations on signs to ensure they complement and are appropriate to the land, building and other structures or use to which they are appurtenant.
(4)
Further, these standards provide for the following:
(a)
The reasonable control of the physical characteristics of signs by regulating their size, height, location, number, construction, lighting, and other design component features. Signs are to be legible and appropriate to the activity to which they pertain, not distracting to motorists, and constructed and maintained in a structurally sound and attractive condition.
(b)
The protection of the public health, welfare and safety of the community and the residents therein, while facilitating the reasonable needs of businesses and others to identify themselves in ways harmonious with the immediate and surrounding landscapes.
(c)
The retention and enhancement of the community's visual appearance, image and vernacular rural character, and scenic natural beauty.
(d)
The promotion of an attractive business environment.
(e)
The improvement of pedestrian and traffic safety by safeguarding the general public through avoidance and elimination of signs that are distracting to motorists and/or contribute to the hazards of driving.
(f)
The elimination of excessive and unsightly competition for visual attention through signs, and provision of signs that are legible and constructed and maintained in a structurally sound and attractive condition.
(g)
The maintenance of a standard of quality for all signs.
(h)
The protection of the night sky by ensuring that lighting of signs adheres to the requirements and principles of Dark Sky compliance and the lighting standards in this chapter.
B.
Applicability.
(1)
These sign standards shall apply to all properties and uses within the Town of North East.
(2)
Signs shall hereafter be established, constructed, erected, replaced, reconstructed, extended, enlarged, mounted, displayed, moved, or reconstructed, extended, enlarged, painted, or otherwise altered only in accordance with these sign standards and an approved Sign Permit, unless exempted or as may otherwise be allowed in this chapter.
(3)
Exceptions to permit. No Sign Permit is required for repainting, cleaning and other normal maintenance and repair of an existing conforming or legally pre-existing nonconforming sign. Also, no Sign Permit is required for a change in the wording and/or graphics of an existing conforming or legally pre-existing nonconforming sign provided there is no change in the location, size, height, mounting, construction or illumination of said sign or the use associated with said sign.
(4)
Nonconforming sign. Any sign which was legally in existence prior to the effective date of this chapter or any amendment, which conformed to the applicable provisions of prior standards, but which does not conform to the applicable provisions of these sign standards in their current form, shall be deemed nonconforming as set forth below. Any sign in violation prior to or after the effective date of this chapter, as amended, shall be deemed to remain in violation and does not become legally nonconforming as set forth in this chapter.
(5)
Sign maintenance and replacement. All signs shall be maintained in good and sound repair. All signs, together with their support components, shall be kept in good and sound repair. The display surfaces of all signs shall be maintained as originally approved.
(6)
Continued conformance required. Any violation of a condition of a Sign Permit shall be subject to the same penalties as a zoning violation. In addition, the Planning Board, the Zoning Board of Appeals, the Code Enforcement Officer, and the Building Inspector shall not issue any other permit or certificate related to any property for which a notice of violation or order of remedy of this chapter has been served until said violation or remedy shall have been resolved to the satisfaction of the approval authority, or to the court, as appropriate.
(7)
Forfeited signs. Any temporary sign installed or placed within a public street right-of-way, on municipal property or property for which the Town has a maintenance responsibility, except in conformance with the requirements of these sign standards, shall be forfeited and subject to removal or confiscation and disposal by appropriate town officials. In addition to other remedies herein, the Town shall have the right to recover from the owner or person placing such a sign with the full costs of its removal and disposal of such sign.
(8)
Except as otherwise required by law, no sign shall be placed, posted, nailed, painted, or otherwise attached to a utility pole, bridge, culvert, or other road or utility structure; on a street or traffic control sign or post; on a gutter, standpipe or drain; nor on trees, rocks, or other natural features.
C.
Exempt signs. The following signs are permitted without a Sign Permit and deemed exempt from these sign standards, provided they comply as set forth below:
(1)
Historical sign. Memorial plaques or monuments, building markers, or historical plaques and similar items displayed on properties or structures of historical significance.
(2)
Internal building signs. Signs contained solely within a building or enclosed structure with walls and windows and intended solely for internal use and not for attracting attention from the exterior of the building or structure.
(3)
Legal obligation sign. Any sign required by a valid and applicable federal, state, or local law, regulation, ordinance, or judicial order.
(4)
Mailboxes. Mailboxes, newspaper boxes and similar receptacles as permitted by the U.S. Postal Service or commercial mail carriers.
(5)
Property sign. Non-illuminated notification markers associated with the private ownership status of property, spaced no closer than 150 feet apart and not exceeding one square foot in size each.
D.
Prohibited signs. In addition to the signs listed below, any sign not expressly allowed under this chapter shall be prohibited within the Town:
(1)
Any sign obstructing traffic visibility or could be reasonably confused with official traffic control signs.
(2)
Signs with luminous, fluorescent, or reflective paint, materials, or retroreflective sheeting.
(3)
Any sign incorporating electronic, mechanical or electromechanical display and/or animated elements involving rotating messages, movement, flashing, blinking, or intermittent changes of light (i.e., where lighting is not maintained in a stationary, constant intensity and color at all times when in use) to depict action or create a special effect or scene, as well as signs that emit noise, sounds, smoke or other similar means intended to attract attention.
(4)
Any inflatable device greater than one cubic foot singularly or cumulatively that is intended to attract attention.
(5)
Any sign constructed of cardboard, paper, or similar impermanent material, including but not limited to a banner, poster, or a pennant, that is attached or mounted on a rope, wire, or similar material, or is attached or mounted on a pole, stanchion, tree, wall, fence, building or other structure.
(6)
Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source or intended to attract attention; also, any light with one or more beams that rotate or move.
(7)
Billboard signs and any off-premises sign that is not otherwise permitted by this chapter.
(8)
Any lightweight plastic, fabric, or other material, with or without a message of any kind, including but not limited to suspended pennants, string of ribbons, tethered balloons, streamers, tinsel, spinners, string of flags, pinwheels, or similar moving, inflated or fluttering devices, typically suspended from a rope, wire or string and usually held in a series and/or designed to move with the wind.
(9)
A sign that is internally illuminated (i.e., illuminated from a light source internal to its construction), also including video screens (digital and otherwise electronic display screens playing or transmitting video and/or audio messages whether static, rotating, or continuous). Permitted outdoor devices such as fuel dispensers, vending machines, EV chargers, tire air pumps or similar shall not incorporate internally illuminated decorative or sign elements and shall not incorporate video displays or animated elements.
(10)
Pole signs exceeding the maximum sign height standards set forth in this chapter.
(11)
Portable signs. Signs designed to be movable or transported, whether on a vehicle, trailer, supported by wheels, or other conveyance designed to be movable, including those attached to or painted on vehicles parked and visible from a public right-of-way, except when said vehicle is being used in the normal day-to-day operations of the establishment.
(12)
Roof signs. A sign attached to, resting on, or extending over any portion of a roof of a building or structure, including parapets and other architectural features extending above the roof structure.
(13)
Sandwich board signs. A movable sign that stands on its own supports in the shape of an "A" also commonly referred to as an A-frame sign.
(14)
Video screens. Digital and otherwise electronic display screens playing or transmitting audio and/or video messages whether static, rotating, or continuous.
E.
Permitted signs by Zoning Districts.
(1)
Signs permitted in the Light Industrial (M-A) District.
Light Industrial (M-A) District | ||||
|---|---|---|---|---|
Sign Type | Maximum Number | Maximum Size (area) | Yard Setback | Other |
One or More Establishments | ||||
Freestanding monument | 1 sign per lot | 32 sf | 35 feet | Height not to exceed 5 feet. Sign shall include street numbers to serve E911 identification. |
Building | 1 sign per principal tenant space | 15 sf per sign | Tenants sharing the same principal space shall share the sign allotment permitted and are not entitled to separate signs. For properties with multiple tenants, all tenants shall use the same type of sign (canopy, awning or marquee, wall, projecting, hanging, or painted). All signs, including any freestanding sign, associated with multiple tenant establishments shall be designed according to a Planning Board approved Uniform Sign Program per the Sign Design Standards set forth below in this section. | |
Municipal Establishments | ||||
Freestanding monument | 1 sign per lot | 20 sf | 15 feet | Height not to exceed 5 feet. Sign shall include street numbers to serve E911 identification. |
Building | 1 sign per principal building | 20 sf per building | ||
Incidental Signs related to the above Establishments | ||||
Directional | Subject to Planning Board approval | 3 sf per sign | The number, design, location and mounting of directional signs shall be approved by the Planning Board as part of site plan approval, which shall be no more than the minimum necessary for the safe use of the premises. | |
Regulatory | Per federal or state regulation or law. | |||
Window | Not permitted. | |||
(2)
Signs permitted in the Boulevard (BD-West and BD-East) and Irondale Business (IB) Districts.
Boulevard (BD-West & BD-East) and Irondale Business (IB) Districts | ||||
|---|---|---|---|---|
Sign Type | Maximum Number | Maximum Size (area) | Yard Setback | Other |
One or More Commercial Establishments | ||||
Freestanding monument | 1 sign per lot | 20 sf | 15 feet | Height not to exceed 5 feet. Sign shall include street numbers to serve E911 identification. |
Building | 1 sign per principal tenant space Sign to be located near the tenant's main entrance | 20 sf | Tenants sharing the same principal space shall share the sign allotment permitted and are not entitled to separate signs. For properties with multiple tenants, all tenants shall use the same type of sign (Canopy, Awning or Marquee, Wall, Projecting, Hanging, or Painted). All signs, including any freestanding sign, associated with multiple tenant establishments shall be designed according to a Planning Board approved Uniform Sign Program per the Sign Design Standards set forth below in this section. | |
Municipal Establishments | ||||
Freestanding Monument | 1 sign per lot | 20 sf | 15 feet | Height not to exceed 5 feet. Sign shall include street numbers to serve E911 identification. |
Building | 1 sign per principal building | 20 sf per building | ||
Incidental Signs related to the above Establishments | ||||
Directional | Subject to Planning Board approval | 3 sf per sign | None | The number, design, location and mounting of directional signs shall be approved by the Planning Board as part of site plan approval, which shall be no more than the minimum necessary for the safe use of the premises. |
Regulatory | Per federal or state regulation or law. | |||
Window | Excluding an otherwise permitted and approved painted sign, incidental windows signs shall not exceed 10% aggregate of the window surface area of any given window upon which the signage is displayed. | |||
Supplemental to gas station and gas station with convenience store uses | Gas pricing information, if provided, shall be incorporated into the otherwise permitted freestanding sign on the premises. Gas pricing information may also be provided above and attached to an individual fueling pump dispenser provided the area of such sign does not exceed 2.5 square feet. The gas pricing numbers on a freestanding sign or individual dispenser pump may incorporate light-emitting diode (LED) numbers that change from time to time, provided such display elements are limited by design to the display of fuel prices only, do not display any other information, and the lighting numbers are constant and non-flashing. No other signage is permitted on the body of the pump or attached to the pump or any component of a canopy structure, light pole, or other feature of the gas station. All lighted signs and elements shall be extinguished when gasoline and other fuels are not being sold at the pumps and/or when the gasoline station/convenience store is not in operation. No signage shall be installed on canopy structures. | |||
(3)
Signs permitted in the Residential (A5A, R3A, R1A, R20,000) and Land Conservation (LC) Districts.
Residential (A5A, R3A, R1A, R20,000) and Land Conservation (LC) Districts | ||||
|---|---|---|---|---|
Sign Type | Maximum Number | Maximum Size (area) | Yard Setback | Other |
Single-Family Residential Establishment, including Accessory Home Occupation Use | ||||
Freestanding or building | 2 signs per lot | 3 sf per sign | 5 feet | Freestanding sign height not to exceed 4 feet. Signs shall include street numbers to serve E911 identification. |
Farm Operation/Agriculture Establishment | ||||
Farm stand: freestanding | 2 signs per farm operation (1 in each direction) | 6 sf per sign | 10 feet | Signs shall be located within 1,000 feet of the farm stand where the produce is sold. Sign shall include street numbers to serve E911 identification. |
Municipal Establishments | ||||
Freestanding monument | 1 sign per lot | 20 sf | 15 feet | Height not to exceed 5 feet. Sign shall include street numbers to serve E911 identification. |
Building | 1 sign per principal building | 20 sf per building | ||
Public Utility Establishments (except Wireless Communication Establishments) | ||||
Freestanding monument | 1 sign per lot | 10 sf | 15 feet | Height not to exceed 5 feet. Sign shall include street numbers to serve E911 identification. |
Building | 1 sign per principal building | 10 sf per building | ||
Wireless Communication Establishments | ||||
Required regulatory signs only. | ||||
Non-Residential Establishment (except as otherwise listed) | ||||
Freestanding | 1 sign per lot | 15 sf if on arterial highway 10 sf if on local roads | 10 feet | Height not to exceed 4 feet. Sign shall include street numbers to serve E911 identification. No illumination permitted. |
Building | 1 sign per principal nonresidential building | 6 sf per building | ||
Incidental Signs related to the above Establishments | ||||
Directional | Subject to Planning Board approval | 3 sf per sign | None | The number, design, location and mounting of directional signs hall be approved by the Planning Board as part of site plan approval, which shall be no more than the minimum necessary for the safe use of the premises. |
Regulatory | Per federal or state regulatory authority. | |||
Window | Excluding an otherwise permitted and approved Painted Sign, incidental windows signs shall not exceed 10% aggregate of the window surface area of any given window upon which the signage is displayed. | |||
F.
Temporary signs.
(1)
Temporary signs are subject to the following standards:
(a)
Shall be constructed of weather resistant materials, have clear legible lettering and may be double sided.
(b)
Shall not be directly or independently illuminated.
(c)
Shall not be located within any public right-of-way whether dedicated or owned in fee simple or as an easement, on any utility pole, streetlight, similar object, or on public property.
(d)
Shall only be located on property owned by the person whose sign it is.
(e)
Shall be located outside of vehicular sight lines along a street or at the intersection of two streets or the intersection of street and driveway.
(f)
Any sign not authorized or permitted per the sign standards of this chapter and placed in a public right-of-way or on public property shall be subject to immediate confiscation by the town, or other public entity owning the affected property.
(g)
Shall not be displayed longer than the "duration" period set forth in the table below.
(2)
Temporary signs permitted in all Zoning Districts without a permit.
Temporary Signs - Permitted in all Zoning Districts without a Sign Permit | ||||
|---|---|---|---|---|
Sign Type | Maximum Number | Maximum Size (area)* | Yard Setback | Duration Maximum Time of Display |
Yard Sign Identifying an on-premises or off-premises personal or community (sponsored by civic, charitable, educational, religious, community recreational, or other non-profit organizations) event (not for a business or commercial purposes). | ||||
Temporary | 2 signs per lot | 4 sf per sign | 5 feet | 2 weeks in advance of event and removed within 24 hours after event concludes. |
Contractor Sign Identifying active construction or where contractor service repairs to the premises are being made. | ||||
Temporary | 1 sign per lot | 4 sf | 5 feet | Removed upon completion of construction or contractor services. |
Real Estate Sign Identifying the sale or lease, including open house, of the premises or a portion thereof upon which the sign is displayed. | ||||
Temporary | 1 sign per lot | 4 sf | 5 feet | Removed within 3 days after the sale or lease. |
Tag Sale Sign Identifying a residential (not for business or commercial purposes) garage, yard, barn, tag or similarly descriptive sale on the premises upon the sign is displayed. | ||||
Temporary | 1 sign per lot | 4 sf | 5 feet | 48 hours in advance of sale and removed within 24 hours after closing of the sale. |
Grand Opening Sign Identifying the initial opening of a new business or commercial establishment on the premises. | ||||
Temporary | 1 sign per lot | 6 sf | 5 feet | Maximum of 30 days, commencing on the date of the opening of the business. |
* | The total aggregate areas of all signs displayed at one time on any one property shall not exceed a cumulative total of 16 square feet. |
G.
Sign design standards.
(1)
Sign area. The sign area shall be determined by the area of the smallest rectangle, circle or ellipse which will enclose the extreme limits of lettering, representations, emblems, or other figures, together with any material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. Essential support framework, such as brackets, posts or standards shall not be included in the sign area calculation.
(2)
Number of sides. Signs with two identical faces arranged back-to-back with a separation not exceeding four inches at any given point shall be counted as a single sign and only the square footage of one face shall be counted to determine its sign area.
(3)
Size. The size permitted for a sign is governed by these sign standards. Signs shall be clearly accessory to a principal use upon the same lot and shall be clearly subordinate and incidental to the corresponding site use and lot.
(4)
Height. The height permitted for a sign is governed by these sign standards. Signs shall be measured from the ground (at the lowest grade within 10 feet of the sign support) to the highest point of the sign or support structure, whichever is the highest. Signs affixed to buildings shall not extend above the building roof eave located directly above the location where the sign is to be mounted on the building.
(5)
Uniform sign program. For properties consisting of multi-tenant establishments, a uniform sign plan shall be required to be approved by the Planning Board regarding sign type, design, appearance, coloring, framing, placement and mounting, construction and materials, illumination, etc. Uniformity ensures that all signs on a building or site have a visual continuity which complements the architectural design of a building, property, or development, provides a sense of place, and lessens confusion. It shall be the owner's responsibility to inform its tenants and to provide a copy of the approved Uniform Sign Program prior to completing a contractual rental/lease agreement.
(6)
Coordination with other signs. Signs are encouraged to be integrated on the same mounting wherever possible to avoid sign pollution.
(7)
Traffic control signs. Traffic control signs shall be in accordance with required or recommended uniform standards.
(8)
Illumination and materials.
(a)
To the extent practicable, all signs shall be constructed of material most in keeping with the rural image and character of the Town, such as wood, stone, or iron.
(b)
The face of any sign (including both background and messaging) shall be constructed and colored in such a manner as to prevent glare from the sign illumination or other lights shining at or towards the sign, utilizing dense opaque or solid materials and nonreflective coloring creating "positive contrast" legibility and visibility.
(c)
If illuminated, sign lighting shall comply with the outdoor lighting standards set forth in § 180-53 of this chapter as well as the following standards:
[1]
Lighted signs within the Irondale Business (IB), Boulevard East (BD-East), Boulevard West (BD-West), and Light Industrial (M-A) Districts shall be actuated by means of a mechanical or electronic timer.
[2]
Signs shall only be illuminated by steady, stationary light sources directed solely at the sign, with illumination directly solely on the printed area of the sign.
[3]
When an external light source is used to illuminate a sign, the lamp (or bulb) shall be located, shielded, and directed in a manner so not to be visible from any public street or private residence, nor to produce light trespass, skyglow, or result in nuisance lighting.
[4]
Concealed LED illumination is preferred at the top edges of the sign construction washing light over the sign face as opposed to a protruding light fixture which directs light at the sign face.
[5]
No receptacle or device housing a permitted light source which is attached to the sign itself shall extend more than 18 inches from the face of the sign.
[6]
Upward facing lighting shall not be permitted.
[7]
Sign lighting shall be evenly distributed across the surface of the sign and shall not exceed 1,200 lumens per 10 square feet of sign area, which is intended to represent the luminosity of a 75 watt incandescent lamp.
[8]
Sign light sources color temperature shall not exceed 2,700 Kelvin.
(d)
LED Electronic Messaging Display (EMD) signs, where permitted, shall comply with the following additional standards:
[1]
An EMD sign shall only be permitted where incorporated as part of a permitted freestanding monument sign in association with an approved Town of North East municipal use, excluding incidental EMD gas pricing signs as permitted elsewhere in this section in association with an approved gas station or gas station with convenience stores use.
[2]
No other lighting of an EMD sign shall be permitted.
[3]
No EMD sign shall include video or audio messaging.
[4]
No more than one EMD sign on a lot shall be permitted. No other permitted EMD sign shall be permitted within 500 feet of another permitted EMD sign.
[5]
All EMD copy, characters or other changeable images shall be of the same color with light copy on a dark background. The screen shall be blacked out when there is no EMD message displayed. All EMD signs shall contain a default mechanism that will cause the sign to revert immediately to a black screen should the sign malfunction.
[6]
Display time. EMD signs shall contain static messages, which shall have a hold time of no less than two minutes. Changes in message shall be completed instantly without pauses, sequencing or other transitions or frame effects that have the appearance of moving text or images. All parts of the message shall change simultaneously.
[7]
All EMD Signs shall be turned off (black screen) daily between the hours of 10:00 PM and 7:00 AM.
[8]
No EMD sign shall be of such intensity or brilliance as to impair the vision of a motor vehicle driver or to otherwise interfere with a driver's operation of a motor vehicle. EMD signs shall be fitted with automatic dimming technology, as certified by the manufacturer, to adjust the brightness of the LED EMD relative to ambient light so that at no time shall a sign exceed a brightness level of 0.2 footcandles above ambient light measured at the nearest property line.
(9)
Appearance. All signs shall be maintained in good and sound repair. Multiple permitted signs located on the same premises shall express uniformity and create a sense of harmonious appearance. Signs shall be legible and shall not be confused with any traffic signal or other safety device, nor be constructed, configured, or arranged to interfere with traffic movements through glare, lighting or obstructing essential sightlines for streets, sidewalks, and driveways.
(10)
Mounting of signs. Except certain temporary signs as may be permitted by these sign standards, all signs shall be permanently, securely, and directly affixed to either the ground, a building or other permanent support structure. Signs shall be mounted as close to the ground as practical, consistent with legibility considerations and traffic safety. Sign panels and construction shall not cover or obstruct doors, windows, or architectural features and details.
(11)
Street address identification. The property street number shall be included in all permitted freestanding signs to help facilitate E911 emergency services and property identification. The street number shall be located at the top of the sign and shall be integrated into the overall design and sign area. The height of the street number lettering shall be a minimum of four inches.
H.
Sign Permit required.
(1)
Sign permit. All permitted signs, except those listed as exempt per § 180-55C or temporary per § 180-55F of these sign standards, shall require a Sign Permit from the Zoning Enforcement Officer before installation as follows:
(a)
An application for accessory signs associated with a property or use not subject to Planning Board site plan approval shall be submitted to the Zoning Enforcement Officer.
(b)
For properties or uses requiring Planning Board site plan approval, approval of accessory signs (including new and modifications to existing signs) shall be approved by the Planning Board prior to submission of an application for Sign Permit by the Zoning Enforcement Officer.
(2)
Application content. All applications for a Sign Permit shall be on forms prescribed by the Zoning Enforcement Officer and approved by the Planning Board, and shall include the following information:
(a)
Identification: Property address; name, address and email of the applicant and property owner; and, if the applicant is not the property owner, written consent from the owner.
(b)
Sign plan (including Uniform Sign Program where applicable): Scaled and dimensioned plan of all existing and proposed signs showing type, size, location, support structure, mounting, appearance, construction, illumination, etc. The Sign Plan shall include information sufficient to numerate and detail specific compliance with these sign standards and requirements.
(c)
Sign detail. Scaled and dimensioned construction details showing sign type, size (dimensions, height, and total area), materials, construction, framing, mounting or support structure, graphic appearance (pictorial matter, lettering, imaging, materials, and colors), illumination, etc.
(d)
Building elevation. For building signs, scaled and dimensioned elevation of the building showing the location of the sign and detailing the linear footage of the tenant space involved.
(e)
Illumination details. Including manufacturer cut sheets, fixture mounting details and means to prevent light trespass.
(f)
Such other information deemed necessary to determine conformity as may be required by the Zoning Enforcement Officer and/or Planning Board.
(g)
Application fee as set forth in the fee schedule as adopted by the Town of North East.
I.
Nonconforming signs. In the event a sign lawfully erected prior to the effective date of these sign standards, as amended, does not conform to these sign standards, then such signs shall be deemed to be nonconforming and shall be subject to the following provisions:
(1)
A nonconforming sign may remain as a nonconforming sign until such time as the use of the premises associated with the sign ceases or changes, or the sign or any portion thereof is replaced or made conforming.
(2)
A nonconforming sign and/or its support structure may be required to be made conforming upon a subsequent application for site plan approval to substantively modify a subject property and the improvements thereon as determined by the Planning Board.
(3)
Nonconforming sign maintenance. Nothing in these sign standards shall be deemed to prevent keeping in good repair a nonconforming sign, including in kind repainting or refacing, or replacement in kind of broken or deteriorated parts of the sign itself, as well as repair if damaged due to acts of vandalism or weather-related damage.
(4)
Other than sign maintenance, no nonconforming sign shall be reconstructed, remodeled, relocated, or changed in size, height, setback, or shape, unless such action will make the sign conform in all respects. The sign message or copy on a nonconforming sign may be changed providing both the sign construction and continued or new site use does not require Planning Board approval. Where there is a change in use subject to Planning Board approval, the Planning Board may require conformance of the sign.
(5)
A sign permit is required for all new and replacement signs.
J.
Obsolete signs. It shall be the responsibility of the property owner to remove or cause to be removed any sign which no longer identifies or ceases to identify an existing business conducted or product sold on the premises. Any such sign shall be deemed obsolete and shall be removed within 120 days after cessation of such use, activity, or entity.
The storage of alcohol, gasoline, crude oil, liquefied petroleum gas or any other highly flammable liquid in aboveground tanks in an amount greater than 550 gallons shall be permitted only when such tanks, up to and including 10,000 gallons' capacity, are placed not less than 50 feet from all property lines and when all such tanks of more than 10,000 gallons' capacity are placed not less than 100 feet from all property lines. Any such storage having a capacity greater than 550 gallons shall be properly dyked with earthen dykes having a capacity not less than 1 1/2 times the capacity of the tank or tanks surrounded.
A temporary permit may be issued by the Zoning Enforcement Officer, for a period not exceeding one year, for a nonconforming use incidental to housing and construction projects, including such structures and uses as storage of building materials and machinery, the processing of building materials and a real estate office located on the tract being offered for sale, provided that such permits are conditioned upon agreement by the owner or operator to remove the structure or structures or use upon expiration of the permit. This section does not apply to structures used for residential purposes. Such permits may be renewed yearly, upon application to the Zoning Enforcement Officer, for an additional period of one year.
A.
A home occupation use shall be customarily incidental and subordinate (accessory use) to the primary residential use.
B.
The operation and physical presence of a home occupation shall not change the residential character of the residence or primary residential use. A home occupation shall be conducted entirely within the principal residence building or within an accessory building. There shall be no outside storage or external display of goods used or produced in the home occupation, nor shall there be any advertising display visible from the street except a sign as permitted in § 180-55E(3) of this chapter.
C.
The home occupation use shall be conducted by the resident occupants of the premises. There shall be no more than one nonresident employee involved in the home occupation.
D.
A customary "home occupation" shall not be construed to include that which requires the presence in the home of machinery or equipment normally associated with commercial or industrial activities or that which produces offensive noise, vibration, dust, smoke, odors, heat, glare, or other nuisances.
A.
Purpose. The purpose of this section is to regulate the location and operation of a retail cannabis dispensary to ensure any such use will be in harmony with and will not have a detrimental effect upon the surrounding area and, that both the location and operation are protective of public health and welfare and preserve quality of life.
B.
Retail cannabis dispensaries shall comply with the following supplemental standards:
(1)
A dispensary shall not be located and/or operated within the following minimum separation distances (a direct line measured between lot lines) and a map showing these separations shall accompany an application to establish a dispensary:
C.
The dispensary hours of operation shall be limited to between 7:00 am and 9:00 pm daily.
D.
In addition to the required site plan, an operational plan shall accompany an application for dispensary indicating at a minimum, how the facility will be managed related to:
E.
All dispensary facilities shall detail, implement, and carry out a security system utilizing commercial grade equipment to prevent and detect diversion, theft, and loss of cannabis products, including at minimum the following:
(1)
The premises shall have in operation a security system approved by the Dutchess County Sheriff's Department, including alarms and surveillance cameras designed to notify law enforcement officers that a crime or disorderly person's activity is in progress.
(2)
The name and phone number of a contact person to be notified regarding suspicious activity during or after operating hours shall be provided to applicable law enforcement officials and departments.
(3)
The management of the dispensary must maintain camera surveillance data backup and retain such data for a minimum of 30 days.
(4)
A burglarproof drop safe that regulates an employee's access to cash shall be used on the premises.
F.
The dispensary shall only dispense approved cannabis products in accordance with the applicable laws of New York State. On-site use or consumption of cannabis in any form shall be prohibited.
G.
Product storage, display and sale shall occur wholly within the principal building. No display or products shall be visible to or from the exterior of the building.
H.
The dispensary must provide for secure disposal of cannabis remnants or by-products; such remnants or by-products shall not be placed within the business' exterior refuse containers.
I.
The dispensary shall be ventilated so that the odors cannot be detected by a person with a normal sense of smell at the exterior of the principal building or at any adjoining use or property line.
J.
Prior to permitted operation, an applicant shall provide the Code Enforcement Officer with a copy of a valid New York State Office of Cannabis Management issued license to operate a retail cannabis dispensary, and any subsequent renewed license. Said license shall be posted in a conspicuous place, near the main exit or exit access doorway.
A.
Legislative findings. The Town's Comprehensive Plan states that its primary housing goal is "to provide a variety of housing types to meet the needs of all the residents of the community." To achieve this objective, it is necessary to retain diversity in housing styles, prices and tenures. This will help the community retain a diverse population, maintain its socioeconomic balance and sustain a diverse economy. The Town Board also seeks to promote affordable housing opportunities and encourage the creation of rental residential dwelling units.
B.
Purpose. It is the specific purpose and intent of this section to allow an accessory dwelling unit (ADU), subject to a Zoning Permit, on one-family dwelling lots in all districts that allow one-family dwellings as a permitted principal use and to provide the opportunity and encouragement for the development of small, rental housing units in addition to family multi-generational living accommodations. The enactment of this section is in no way intended to reduce the scope of the permitted use, as of right, of two-family or semidetached dwellings as defined in this chapter. Furthermore, it is the purpose and intent of this provision to provide economic support for homeowners of limited income and to protect and preserve property values. To help achieve these goals and to promote other objectives of this chapter and the Town's Comprehensive Plan, the following specific standards are set forth.
C.
Accessory use. An ADU shall be clearly incidental and subordinate to the principal one-family dwelling use and shall not change the one-family residential character of the neighborhood.
(1)
Occupation.
(a)
The property owner shall occupy either the principal dwelling or ADU. The owner shall provide with its permit application a notarized affidavit stating such.
(b)
All applications for an ADU shall disclose the names of all persons or other ownership entities with any percentage of fee-simple ownership of the property upon which the ADU is proposed, as well as the name of the person from said ownership that will be the resident occupant. The Building Inspector shall be notified in writing within 30 days of any changes in the names disclosed.
(c)
All owners of a property holding an ADU permit shall be equally responsible for the operation and maintenance of the ADU and associated property, as well as for compliance with these ADU standards and the terms and conditions of an approved ADU permit.
(2)
Rental term. The minimum rental term of an ADU shall not be less than 90 consecutive days.
(3)
Permit. A Zoning Permit shall be required and is authorized upon satisfactory demonstration of these standards and any other applicable requirements of this chapter. As an accessory use, a permit shall be specific to the property owner. A new property owner wishing to continue the use of the ADU shall obtain their own Zoning Permit for the ADU and provide the affidavit of occupancy as required above.
(4)
Plan. A property survey or other appropriately scaled and qualified plan showing the boundaries of the subject property, existing and proposed structures, existing and proposed septic system and water supply well, and any other the structures and site features on the lot, both as they exist and as they would appear with the accessory apartment, shall be provided.
(5)
Driveway access to the ADU shall be the same as for the principal dwelling; there shall not be a second or separate street curb cut.
D.
Floor area.
(1)
The minimum floor area of an ADU shall be in accordance with the New York State Uniform Fire Prevention and Building Code.
(2)
The maximum floor area of an ADU shall not exceed the smaller of 1,200 square feet or 35% of the total finished habitable gross floor area of the principal dwelling and ADU cumulatively.
(3)
Floor plans. The following floor plans shall be provided to demonstrate the interior layout, access, separation and applicable maximum permitted gross-floor area of the ADU:
E.
Bedrooms. There shall be a maximum of two bedrooms in an ADU.
F.
One-family character. An ADU shall be clearly incidental and subordinate to the principal dwelling structure and shall not change the single-family residential character of the neighborhood. A dwelling and lot containing an ADU shall maintain the architectural and site character and appearance of a one-family dwelling and shall have only one front entrance, when practicable. A denial by the ZEO pursuant to this subsection may be appealed to the Zoning Board of Appeals consistent with § 180-90 of this chapter.
G.
Location. An ADU shall be permitted within an existing or new one-family dwelling or within an existing or new accessory building. An existing one-family dwelling or existing accessory building may be expanded to include an ADU.
H.
Lot size. The minimum lot size shall conform to the requirements for a one-family dwelling.
I.
Number of dwelling units per lot. Only one ADU per lot shall be permitted. No permit for an ADU shall be issued for a lot where the principal dwelling is other than a detached one-family dwelling.
K.
Adequacy of infrastructure. No permit for an ADU shall be granted in any case where the Dutchess County Health Department has determined that the adequacy of existing or proposed water or sewage systems in question are for any reason not capable of handling the cumulative demand of all property uses.
L.
Construction. The ADU shall be constructed in accordance with all applicable laws, regulations, codes and ordinances, including the New York State Uniform Fire Prevention and Building Code.
Day care centers (adult and child) shall comply with the following supplemental standards:
A.
General Standards (all day care centers — adult and child).
(1)
Adequate sewage disposal and water service shall be demonstrated.
(2)
Lighting, landscaping, signage, and off-street parking and loading shall be provided in compliance with the standards set forth in this chapter for non-residential uses.
(3)
If a new structure or alteration of an existing structure is proposed, such shall be compatible with the character of the neighborhood regarding scale, design, architectural details, materials and setbacks.
(4)
A day-care center shall only be established in fire-resistive buildings which conform to all provisions of the New York State Uniform Fire Prevention and Building Code.
(5)
All interior and exterior facilities shall be accessible to the physically challenged.
(6)
Interior floor plan required.
(a)
An interior floor plan, drawn to scale, shall be provided showing planned occupancy and use of all interior areas to be utilized by the day care center, including emergency evacuation routes, and fire and safety features, such as but not limited to sprinklers, fire/smoke detectors, audio and visual alarm systems, exits, windows, doors, stairwells and interior and exterior safe-haven areas.
(b)
Active interior floor areas shall not be in basements or upper floors lacking at-grade or other suitable access such as an elevator.
(c)
All noxious, toxic or otherwise harmful equipment or chemicals shall be kept in a separate, locked storage area, an adequate and safe distance from the usable areas inside and outside the facility.
(d)
Day care centers located in a building with other uses shall indicate all other uses in the building to ensure adequate safety to the occupants of the day care center. An applicant shall demonstrate that reasonable measures will be implemented to secure the center from entry by persons other than employees, children/adults being cared for, and their guardians. Security measures may include, but are not limited to, appropriate locations for lighting and internal security systems.
(7)
The grounds, outdoor play or gathering areas, parking areas, drop-off/pickup areas, related site improvements and all buildings and structures shall be kept and maintained in conformity with the approved permit and site plan.
(8)
The Planning Board may attach other conditions and safeguards as may be considered necessary to protect the health and safety of the staff and adults/children served, to ensure compatibility with contiguous and adjacent uses and adjacent properties, and to enhance and retain the existing cultural image and character of the surrounding area.
B.
Adult day care center specific standards.
(1)
An adult day care center is a non-residential facility providing a protective environment in which daytime care, supervision, monitoring, personal care, therapeutic, nutrition and socialization programs, as well as activities for functionally impaired adults aged 18 or older are provided for a period of less than 24 hours per day.
(2)
An adult day care center shall comply with all applicable standards and regulations of the New York State Office for the Aging or its successor and shall be operated in full compliance with all requirements of the State of New York and the Town of North East. An adult day care center shall not operate until a license or approval has been granted by the New York State Department of Health.
(3)
An adult day care center shall provide a drop-off/pickup location that includes step-free access. The drop-off/pickup area shall be located to avoid walking across the parking area or traffic areas to reach a vehicle or the related facilities of the center. The drop-off/pickup area and vehicle standing area shall be clearly identified by pavement markings and/or appropriate signage as approved by the Planning Board.
(4)
If an outdoor recreation or gathering area is provided, such shall be suitably located, constructed and maintained to ensure user access and safety.
(a)
An outdoor recreation area shall not be placed in the front yard and shall be subject to required side and rear yards equal to those for the principal building.
(b)
All outdoor recreation areas shall be safely separated and protected from adjacent driveways, parking and loading facilities, and maintenance areas and facilities.
C.
Child day care center specific standards.
(1)
An application shall include a narrative description of the proposed operation, including:
(a)
Opening and closing times.
(b)
Total enrollment and staff and maximum number of children on site at any one time.
(c)
Discussion of special events, such as large group meetings, parent meetings or open-house days. Estimated dates and time schedules shall be included.
(d)
Staff arrival and departure times.
(e)
Student arrival and departure times.
(2)
Dropoff/pickup area. A child day-care center shall include a designated drop-off/pickup area as follows:
(a)
Direct access shall be provided to and from the building to the designated drop-off/pickup area for the loading and unloading of children from vehicles. The drop-off/pickup area shall be located so that children do not have to walk across the parking area or traffic areas to reach a vehicle or the related facilities of the center.
(b)
The drop-off/pickup area shall provide one-way traffic flow with a separate standing area consisting of a minimum of one drop-off/pickup space for each 15 children of the center's licensed capacity. A "drop-off/pickup space," for the purposes of this subsection, shall mean a temporary vehicle standing area, measuring 20 feet by 12 feet for perpendicular parking or 22 feet by 12 feet for parallel parking, which is not within any traffic aisle. Drop-off/pickup spaces shall not be used or counted as required off-street parking or loading spaces.
(c)
The drop-off/pickup area and vehicle standing area shall be clearly identified by pavement markings and/or appropriate signage as approved by the Planning Board.
(3)
Outdoor play areas.
(a)
A designated outdoor play area adequate for active play shall be provided, the gross area of which shall be a minimum of 75 square feet per child.
(b)
The location of the outdoor play area shall be separated from adjacent streets, driveways, off-street parking and loading areas and required drop-off/pickup areas to ensure the safety of the children and staff.
(c)
An outdoor play area shall not be placed in the front yard and shall be subject to required side and rear yards equal to those for the principal building.
(d)
All outdoor play areas shall be safely separated and protected from adjacent driveways, parking and loading facilities, and maintenance areas and facilities.
(e)
If an outdoor play area is sited in an area which is not directly adjacent to the access of the indoor portion of the center, a designated crosswalk or access path shall be provided between the two areas. Fencing, landscaping or other similar features along such path or crosswalk shall be required to provide additional security protection.
(f)
An outdoor play area shall be enclosed by a landscape buffer and fencing on all sides not adjacent to a building to restrict non-authorized external access and to improve compatibility with adjacent uses and properties. Such landscape buffer may be located within a required yard area.
(g)
Fencing shall have a minimum height of four feet and gates designed with child-protective locks shall be installed within the fencing to ensure safety for the staff and children using the area.
(h)
An outdoor play area shall be free from any condition which is hazardous and/or dangerous to the health and safety of the staff and children using the area.
(i)
The construction components of fencing and play apparatus shall be of a suitable type for recreational purposes and which ensures the safety of the staff and children.
(j)
The ground surface of the outdoor play area shall be covered by cellulose mulch or other suitable material for recreational purposes.
(4)
State regulatory compliance. Prior to the operation of a permitted child day-care center, the center's operator shall provide evidence with all applicable required agency/department approvals, including but not limited to licensing and/or registration as required by the New York State Department of Social Services. Full compliance with the requirements thereunder shall be maintained in good standing.
A.
Legislative findings.
(1)
The Town's Comprehensive Plan states that its primary housing goal is "to provide a variety of housing types to meet the needs of all the residents of the community." To achieve this objective, it is necessary to retain diversity in housing styles, prices and tenures. This will help the community retain a diverse population, maintain its socioeconomic balance and sustain a diverse economy. To accomplish these objectives, the Town is pursuing a variety of approaches to increase housing opportunities.
(2)
The Town Board finds that the community contains several large residential buildings that may not be easily used and maintained as one-family and two-family dwellings because of their large size. The community also contains several large non-residential structures, including agricultural buildings, that cannot be economically maintained in their current or past use and are in danger of falling into disrepair or are subject to demolition if alternate use for them is not available. These buildings, particularly those representing the community's rural and agricultural character, are of historic, architectural and cultural significance to the community and are worthy of preservation.
(3)
By adopting this section, the Town Board seeks to promote affordable housing opportunities, encourage the creation of rental housing and aid the preservation of significant large buildings.
B.
Purpose. It is the specific purpose and intent of this section to allow, by special permit, in all districts that allow single family residential use as permitted principal uses, the conversion of an existing building to multiple dwelling units and to provide for the opportunity and encouragement for the development of rental housing units. The enactment of this section is not intended to reduce the scope of the permitted use, as of right, of two-family or semidetached dwellings as defined in this chapter, but to allow, through the special permit process, more efficient use of existing structures. Furthermore, it is the purpose and intent of this section to encourage the preservation of buildings of historic, architectural and cultural significance by allowing the conversion of these buildings to multiple dwelling unit residential use.
C.
Floor area. The minimum floor area of each dwelling unit shall be in accordance with the New York State Uniform Fire Prevention and Building Code. The maximum living floor area of a studio unit shall be no more than 600 square feet.
D.
Eligible buildings. A building shall be eligible for this special permit five years after it is constructed. Proof of the date of construction shall be established by a certificate of occupancy or other means acceptable to the Planning Board.
E.
Architectural integrity of building. The existing building may be expanded only upon showing that such expansion is necessary to allow a reasonable conversion of the building for purposes set forth in Subsections A and B above. If such expansion is permitted, in no case shall the floor area of the building or the lot coverage be increased by more than 10%. Any changes to the exterior of the building must be compatible with the existing architecture of the building.
F.
Lot size. The minimum lot size for a conversion shall conform to the requirements set out in the chart below.
Minimum Acreage (acres per district) | ||||
|---|---|---|---|---|
Number of Units | R20,000 | R1A | R3A | A5A |
4 of fewer | 1 | 2 | 3 | 5 |
5 to 8 | 2 | 4 | 6 | 10 |
9 to 12 | 3 | 6 | Not Permitted | Not Permitted |
G.
Number of conversions per lot. Only one conversion per lot shall be permitted. No other residential structures shall be permitted on the same lot with the conversion. A conversion can include the modification of two adjacent buildings on the same lot, provided the total number of units does not exceed the number of permissible units as outlined in Subsection F of this section. The conversion of both buildings would have to be applied for, and approved of by the Planning Board, at the same time. In evaluating an application for the conversion of two buildings on the same lot, the Planning Board shall consider whether the structures are functionally related regarding infrastructure, parking, landscaping and access and whether all other requirements of this section have been adhered to.
H.
Parking.
(1)
Parking requirements shall conform to those set forth in § 180-50 for dwellings, requiring two parking spaces per dwelling unit, except that the Planning Board may reduce the number of parking spaces to one per dwelling unit if circumstances so warrant.
(2)
The Planning Board may require landscaping, fences or other appropriate measures to minimize the impact of parking areas on the streetscape and neighboring properties.
I.
Adequacy of infrastructure. The approval of the Dutchess County Health Department of the water and sewage disposal systems of the proposed conversion shall be obtained before issuance of the special permit.
J.
Construction. The conversion shall be constructed in accordance with all applicable laws, regulations, codes and ordinances, including the New York State Uniform Fire Prevention and Building Code.
(1)
Stairways leading to any floor or story above the first floor shall be located within the walls of the building whenever practicable. If such stairways must be placed on the exterior of the building, they shall be placed and designed in such a manner as to minimize their visibility to neighbors and from the roadway.
(2)
Locations of entrances to the building and dwelling units shall be easily ascertainable to facilitate provision of emergency services.
K.
Application process. Application for a special permit for a conversion shall be made to the Zoning Enforcement Officer in accordance with the standards and procedures set forth in Article VI of this chapter, subject to the following additional provisions:
(1)
Materials to assist the Planning Board in reviewing an application for a special permit, as described in Article VI, § 180-26, shall include a floor plan of the existing building and proposed apartments, building plans prepared by a licensed architect or engineer and a survey or other appropriate drawing or document showing the location and size of the septic system and well and the structures on the lot, both as they exist and as they would appear with the conversion. The Planning Board may waive the need for a site plan if no changes to the site or exterior of the building are proposed and a site plan is deemed not necessary for review and approval of the application.
(2)
In determining whether to grant the application, the Planning Board shall consider the following factors, in addition to those described in § 180-26:
(a)
Whether the use will be in harmony with and promote the general purpose of this section.
(b)
Whether the use will conserve property values and encourage the most appropriate uses of land.
(c)
Whether the proposed number of dwelling units is appropriate.
(d)
Whether the lot area is sufficient, appropriate and adequate for the use, particularly regarding septic system and water requirements and proposed density.
(e)
Whether the use is consistent with the Town's Comprehensive Plan.
L.
Revocation of special permit. A special permit for a conversion may be revoked by the Planning Board, after notice and a hearing, if:
A.
General provisions. Small wind energy conversion systems (SWECS) are a use that is only accessory to an established permitted principal use and are not permitted as a principal use. There shall be no more than one SWECS per principal use. Wherever located and whatever their nature, SWECS shall conform to the following regulations.
B.
Information to be supplied by applicant. In addition to the information required in the application, the site plan submitted shall also show:
(1)
The location of the tower on the site and the tower height, including blades.
(2)
Underground utility lines within a radius equal to the proposed tower height, including blades.
(3)
The dimensional representation of the various structural components of the tower construction, including the base and footings.
(4)
The manufacturer's make and model and design data indicating the basis of the design, including the manufacturer's dimensional drawings, installation and operating instructions and maintenance and inspection procedures and certification by the manufacturer that this model of generator has operated safely under various atmospheric conditions for a period of at least three months.
(5)
Certification by the manufacturer or by a registered professional engineer that the tower design is sufficient to withstand wind-load requirements for structures, as specified by the New York State Building Construction Code.
(6)
A wind stream study for the location proposed, when appropriate.
C.
Location, access and size.
(1)
No SWECS shall be erected in any location where its overall height, including blades, is greater than the distance from its base to the property line of another or utility right-of-way.
(2)
Access to the tower shall be limited either by means of a fence six feet high around the tower base, with a locking portal or by limiting the tower climbing apparatus to no lower than 12 feet from the ground.
(3)
A SWECS shall not be installed in any location along the major axis of an existing microwave communication link where its operation is likely to produce an unacceptable level of electromagnetic interference. No SWECS shall interfere with the reception of domestic radio or television signals.
(4)
No SWECS shall be installed in a location where the Planning Board determines that its impact will be detrimental to the general neighborhood’s character.
(5)
If the SWECS is to be interconnected to an electric utility distribution system, the applicant shall provide evidence of approval of the proposed interconnect by Central Hudson Gas & Electric.
(6)
No SWECS shall exceed 23 feet in blade diameter or 10 kilowatts in generating capacity, whichever is the lesser.
D.
Height.
(1)
All SWECS shall be installed at the lowest height possible which will provide reasonable access to wind energy and minimum visual impact. The applicant shall demonstrate a need for the height proposed by documenting a wind stream study.
(2)
Including its blades, no SWECS shall extend more than 80 feet above the average general level of the permanent structure unless a need for greater height is demonstrated.
(3)
The minimum distance between the ground and any protruding blades shall not be less than 35 feet as measured at the lowest point of the arc of the blades unless wind study suggests otherwise.
E.
Braked installation. All SWECS shall be designed with an automatic brake to prevent overspeeding and excessive pressure on the tower structure.
Funeral home uses shall comply with the following supplemental standards:
A.
In addition to the required site plan, an operational plan shall accompany an application for a funeral home indicating at a minimum how the facility will be managed related to:
B.
A funeral home shall comply with all applicable federal, state, and local laws, codes, and regulations for such use, and shall be owned and operated under a duly issued and valid license as issued by the State of New York.
C.
All embalming and other funeral or service preparations shall be conducted inside the principal building. No remains, including residue, shall be disposed of on-site.
D.
The funeral home shall maintain privacy and be maintained in a clean, orderly, and sanitary manner with adequate ventilation to ensure compliance with all applicable federal, state, and local emission standards.
E.
Prior to permitted operation, the applicant shall provide the Code Enforcement Officer with a copy of a valid New York State issued license to operate a funeral home, and any subsequent renewed license. Said license shall be posted in a conspicuous place, near the main exit or exit access doorway.
Mobile food vendors, subject to a Zoning Permit from the Zoning Enforcement Officer, shall comply with the following supplemental standards:
A.
Duration.
(1)
Mobile food vendors shall be an accessory use temporary in duration.
(a)
A mobile food vendor participating in a community-wide event (such as a carnival, festival or other short term, single special event) may span a few hours, one day or over the course of several consecutive days.
(b)
A mobile food vendor on a non-residential zoned property may be permitted for a single-day event conducted on and related specifically to a permitted principal use on the subject premises.
(c)
A mobile food vendor participating at a private function on private residential property that is not open to the general public and where the food and/or beverages served are not sold directly or indirectly to function participants, shall be allowed without a permit, provided such mobile food unit and operator are licensed by the Dutchess County Health Department and the hours of operation are observed.
(2)
Permitted hours of operation shall be between 6:00 am and 10:00 pm. A mobile food vendor unit shall be removed promptly when not in operation.
B.
Applications.
(1)
Application shall be signed by both the owner and operator (if different) of the mobile food vendor unit and the property owner where the mobile food unit is proposed to be located.
(2)
Applications shall provide and detail the following information:
(a)
Operator name, vender license, address, email, and telephone contact information.
(b)
Verification of a valid current Dutchess County Health Department license or permit to operate.
(c)
A site map indicating the location where the unit will be located, proposed parking for customers, the location of the mobile food unit in relation to the nearest street and driveway intersections and the number and location of garbage disposal facilities.
(d)
Size of the mobile food vendor unit.
(e)
The proposed days and hours of operation.
C.
Location restrictions.
(1)
The location of any mobile food vendor unit shall not obstruct the line of sight or flow of traffic both on and off site.
(2)
A mobile food vendor unit shall not be allowed within 50 feet of a permanent food service establishment.
(3)
A mobile food vendor unit shall not exceed 30 feet in length.
(4)
A mobile food vendor unit shall not displace the minimum required off-street parking spaces of the lot.
D.
General standards.
(1)
Drive-up service to the mobile food vendor shall be expressly prohibited.
(2)
All signage shall be attached to the mobile food vendor unit. No separate free standing or temporary signs are permitted.
(3)
Equipment and operations must be self-contained within the mobile food vendor unit. No furniture, umbrellas, generators, objects or structures shall be placed outside the unit (except for required refuse and recycling containers).
(4)
No lighting shall be provided, except that localized lighting may be used on or in the mobile food vendor unit for the purpose of inside food preparation and menu illumination.
(5)
A mobile food vendor shall not sell anything other than food and non-alcoholic beverages.
A.
Minimum acreage. The minimum contiguous acreage of a preserve shall be 100 acres.
B.
Accessory buildings. The preserve may have one or more accessory buildings for the storage of equipment.
C.
Department of environmental conservation permit requirement. No preserve special use permit shall be issued to an applicant until a permit has been issued to the applicant by the Department of Environmental Conservation pursuant to Article 11 of the Environmental Conservation Law, if such a permit for preserve activities is required.
D.
Hunting. Hunting if permitted shall be subject to local, state and federal law, rules, regulations and restrictions as may be applicable and amended from time to time.
E.
Discretion of the Planning Board. It is recognized that the operation of a preserve in a residential neighborhood could have an adverse impact on the surrounding neighborhood. The extent of this impact will necessarily depend on such factors as: the size of the property on which the preserve will be sited; the topography of the preserve property; the natural vegetation, screening and buffering existing on site; the types and numbers of game or wildlife which will be contained within the preserve; the nature and scope of the preserve operation; and the proximity of the preserve to existing residences. Notwithstanding the fact that a preserve is a use permitted in the Town's A5A, R3A, and LC Districts, subject to the issuance of a special use permit, the Planning Board shall retain full discretion to deny a permit application for a preserve if the Planning Board determines that the use does not comply with the standards set forth in this section; does not comply with the general standards for special permit uses contained in § 180-26 of this chapter; or will result in a significant adverse impact on the surrounding neighborhood in terms of increased noise, decreased public safety or diminution in property values which cannot be adequately mitigated by the imposition of special permit conditions.
F.
Special permit conditions. In addition to the authority vested in the Planning Board to impose reasonable conditions and restrictions on special use permits as set forth in § 180-26 of this chapter, the Planning Board shall impose such conditions and restrictions on the operation of a preserve which, in its discretion, are necessary to mitigate such problems as noise, public safety and diminution of property values. The Planning Board shall, as a condition of each special use permit issued for the operation of a preserve, require that the Zoning Enforcement Officer, on an annual basis, inspect the preserve operation and report back to the Board regarding the permit holder's compliance with the provisions of this chapter, any special permit conditions imposed and the requirements of the approved site plan. Such restrictions and conditions may include, but shall not necessarily be limited to, the following:
(1)
Limitations on hours of operation.
(2)
Requirement of vegetative screening, buffering and land berms within the preserve.
(3)
Requirement that boundaries or a portion of the boundaries of the preserve property be enclosed in a certain prescribed manner.
(4)
The requirement for additional inspections of the property and operation by the Zoning Enforcement Officer with reports back to the Planning Board.
G.
Wholly enclosed parcel of land. For purposes of this section, the term "wholly enclosed parcel of land" shall mean lands, the boundaries of which are indicated by wire, ditch, hedge, fence, road, highway, or water or in any visible or distinctive manner which indicates a separation from the surrounding contiguous territory.
H.
Material to be submitted by applicant. In addition to the materials required by § 180-27 of this chapter to be submitted with any application for a special use permit, an applicant for a preserve special use permit shall also submit the following:
(1)
A declaration as to the nature and extent of the proposed preserve.
(2)
A description of all proposed preserve activities.
(3)
A site plan, drawn at a scale of not less than 50 feet to the inch, prepared by a professional engineer, architect and/or land surveyor licensed to practice in the State of New York and as required by law, showing all the information set forth in § 180-35C of this chapter.
(4)
A copy of the permit issued by the Department of Environmental Conservation for the operation of the preserve if such a permit is required by Article 11 of the Environmental Conservation Law.
(5)
Any other information or documentation requested by the Planning Board deemed necessary to assist it in its decision-making process.
A roadside farm stand shall be permitted in the A5A, R3A and LC Districts as a seasonal accessory use related to an agricultural activity occurring on either a farm or a non-farm parcel, subject to the following regulations:
A.
A roadside farm stand shall not exceed 400 square feet in total floor area.
B.
A roadside farm stand shall be located a minimum of 30 feet from any street line.
C.
A roadside farm stand shall be solely for the seasonal display and sale of agricultural products grown on the premises. However, in the case of a farm stand operated on a farm, agricultural products may be grown on parcels owned or leased by the farm in conjunction with the farming operation.
F.
A vehicle not exceeding 6,000 pounds net weight may be considered a permitted roadside farm stand. However, a vehicle or any part thereof customarily known as an over-the-road tractor/trailer or any containerized storage unit shall not be permitted.
G.
A roadside farm stand may be permitted year-round in an enclosed structure, provided that it meets the setback requirements of the Zoning District and all other requirements of this chapter.
A farm store shall be a use permitted in the A5A and R3A Districts as an accessory use ancillary to an agricultural activity occurring on the farm where located, subject to the following regulations:
A.
A farm store shall be permitted only pursuant to a special use permit issued by the Planning Board in accordance with the provisions of Article VI of this chapter.
B.
The farm store shall be operated as an accessory use to the principal use of agricultural production and/or the practice of animal husbandry on the farm and shall only be operated by the farmer-applicant.
C.
The farm store structure shall not exceed 1,000 square feet of floor space and shall consist of a single story. Nothing herein shall preclude the use of a legally existing agricultural accessory building on a farm for this use, provided that no more than 1,000 square feet of floor area is utilized as a farm store.
D.
The farm store shall be located on the same parcel as the farm and shall comply with all district regulations and supplementary regulations relating to parking and signs. The farm store may sell products grown on any number of other parcels, provided that all parcels are part of a single agricultural operation under the control of the farmer-applicant, the parcel on which the farm store is located is a conforming lot and at least 1/2 of the lot is in agricultural production.
E.
At least 2/3 of the total amount of the annual retail sale of agricultural, horticultural, floricultural, vegetable and fruit products, soil, livestock and meats, poultry, eggs, dairy products, nuts, honey, wool and hides and other agricultural or farm products shall be grown, raised or produced on the farm on which the farm store is located. Notwithstanding the aforementioned restrictions, the farm store may sell supporting farm products and farm products not grown by the farmer-applicant, provided that said products do not exceed one-third of the total annual retail sales of the farm store and the products are purchased regionally (i.e., within a radius of 100 miles). Processed food, where the majority of the ingredients are grown on the farm, shall not be considered supporting farm products subject to the one-third annual sales limitation. Receipts and records of such purchases must be kept by the farmer-applicant. Supporting farm products include but shall not necessarily be limited to baked goods, eggs, dairy products, preserves, syrups, herbal vinegars and salad dressings. Supporting farm products shall not include prepackaged grocery items or tropical fruits.
F.
The farm store may also sell food prepared on premises for off-site consumption, utilizing agricultural and farm products sold at the farm market.
G.
The farm store may also sponsor and conduct farm and harvest festivals on site, provided that the number of festivals conducted by the farm store each year is not greater than four and the festivals are designed to provide agricultural marketing and promotional opportunities for the farm and/or the region's agricultural producers, and further provided that each such festival receives a building permit pursuant to § 180-85 of this chapter.
H.
A farm store may be operated on a year-round basis and may contain bathrooms and/or an area for food preparation occupying no more than 10% of the gross floor area of the farm store.
I.
The Planning Board shall have the power to permit a structure or use of space exceeding 1,000 square feet and/or a structure containing a second story and/or the food preparation area to occupy a greater percentage of the gross floor area of the market without the requirement of an application for an area variance, provided that the applicant can demonstrate that such additional square footage and/or storage area and/or larger food preparation area are shown to be necessary to the proposed farm store operation and will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties and will not have an adverse effect or impact on the physical or environmental conditions of the neighborhood or district.
A farmers' market as defined and permitted by this chapter shall be subject to the following regulations:
A.
A structure used for a farmers' market shall not exceed 10,000 square feet of floor space.
B.
A farmers' market shall comply with all district regulations and supplementary regulations relating to parking and signage.
C.
A farmers' market may also include other temporary businesses which reasonably serve the public or make the market more convenient, efficient, profitable, or successful, including but not limited to food service, baking, and nonfood retailing.
A.
Compliance required.
(1)
No communications facility or personal wireless service facility or tower shall be erected, constructed, placed or installed without first obtaining a special permit from the Planning Board.
(2)
No existing communications or personal wireless facility shall be modified, moved, reconstructed, expanded, changed or structurally altered (hereinafter collectively referred to as "modification or change") except in accordance with the following procedures and requirements:
(a)
Initial application for any facility modification or change shall be made to the Zoning Enforcement Officer ("ZEO") and shall be accompanied by a proposed revised site plan showing the plans, elevations and details of such change and an RF emissions certification (see the definition of "RF emissions certification" in § 180-5).
(b)
If the proposed modification or change involves the upgrade or replacement of an existing antenna with an antenna in kind, no further review shall be required, and the ZEO shall issue a building permit for the proposed modification or change.
(c)
All other proposed modifications or changes to existing facilities shall be immediately forwarded by the ZEO to the Planning Board for amended site plan review and approval in accordance with the provisions of Article VII of this chapter. However, the Planning Board shall process all such applications on an expedited basis and, in so doing, shall have the power to waive any of the submission requirements of Article VII not reasonably necessary for adequate review of the application. After the amended site plan is approved, the application shall be immediately referred back to the ZEO for the issuance of a building permit.
(d)
In the event of an emergency which results in a disruption of service, a facility may be replaced in kind without prior issuance of a building permit, provided that application for a building permit be made as soon as practicable to the ZEO.
(3)
No existing communications or personal wireless tower shall be modified, moved, reconstructed, expanded, changed or structurally altered (hereinafter collectively referred to as "modification or change") except in accordance with the following procedures and requirements:
(a)
Initial application for modification or change to an existing tower shall be made to the ZEO and shall be accompanied by a proposed revised site plan showing the plans, elevations and details of such modification or change.
(b)
If the proposed modification or change involves structural reinforcement of the tower that does not affect the height of the tower, the ZEO shall issue a building permit for the modification or change, provided that the structure as modified or changed complies with applicable building codes, rules and regulations.
(c)
All other proposed modifications or changes to existing towers shall be immediately forwarded by the ZEO to the Planning Board for amended site plan review and approval in accordance with the provisions of Article VII of this chapter. However, the Planning Board shall process all such applications on an expedited basis and, in so doing, shall have the power to waive any of the submission requirements of Article VII not reasonably necessary for the adequate review of the application.
(d)
After site plan approval, the application shall be referred back to the ZEO for issuance of a building permit, provided that the structure, as modified or changed, continues to comply with applicable building codes, rules and regulations.
B.
Application requirements. In addition to all documentation and submissions required by Article VI, § 180-27A, the application shall include the following:
(1)
The legal name, address, principal place of business and telephone number of the applicant. If the applicant is not a natural person, it shall also identify the state in which it was created or organized, and the date of creation or organization.
(2)
If the applicant is not the owner of the property on which the proposed facility or tower is to be located:
(a)
The name, address and telephone number of the property owner to apply for the permit.
(b)
A copy of the applicant's lease or other agreement with the owner of the property for the applicant's use of the same. The applicant may redact portions of the agreement which are commercially sensitive or confidential in nature and which do not reasonably relate to the criteria or standards for special permit approval. However, the applicant shall provide proper certification of the entire cost of the project, including all property acquisition costs, to enable the lead agency to determine the appropriate amount of SEQRA review fees to be charged to the applicant.
(c)
Written consent of the property owner to the application for the special permit and to the imposition of reasonable conditions by the Planning Board on any approval regarding use of the property, such as collocation and removal of the facility or tower when no longer in use.
(3)
Copies of all submittals relating to the proposed facility and/or tower pertaining to: FCC licensing; environmental impact statements; environmental assessments and findings, if any, prepared pursuant to the National Environmental Policy Act of 1969; FCC Form 854; FAA Form 7460-1 (Notice of Proposed Construction or Alteration); aeronautical studies; and all data, assumptions and calculations relating to service coverage and power levels regardless of whether categorical exemption from routine environmental evaluation under the FCC rules is claimed.
(4)
If applicable, copies of existing FCC licenses for the proposed uses.
(5)
Site plans and engineering plans, prepared, stamped and signed by a professional engineer licensed to practice in New York specializing in electrical engineering with expertise in radio communication facilities, and, if a monopole or tower is proposed, also specializing in structural engineering, containing the following information:
(a)
For applications involving new tower construction or major modification of an existing tower:
[1]
A written, irrevocable commitment valid for the duration of the existence of the tower to rent or lease available space for collocation on the tower, to the extent structurally and electromagnetically able, at fair-market prices and terms, without discrimination to other personal wireless and/or other communications service providers.
[2]
If applicable, a copy of the applicant's existing lease or contract with the personal wireless service provider(s).
[3]
The following plans and maps:
[a]
Location map. Copy of the portion of the most recent United States Geological Survey (USGS) Quadrangle Map, 7.5 Minute Series, at a scale of 1:24,000 or 1:25,000, and showing the area within at least two miles from the proposed tower site. Indicate the tower location and the exact latitude and longitude (degrees, minutes and seconds).
[c]
Existing conditions plan. A map showing existing utilities, property lines, existing buildings or structures, stone walls or fence lines and wooded areas within a two-hundred-foot radius from the base of the proposed tower and showing the boundaries of any wetlands, floodplains or watercourses within 200 feet of the tower or any related facilities or accessways or appurtenances.
[d]
Proposed tower location and any appurtenances, including supports and guy wires, if any, and any accessory building. Indicate facility site boundaries and setback distances to the base(s) of the tower and to the nearest corners of each of the appurtenant structures.
[e]
Indicate proposed spot elevations at the base of the proposed tower and at the base of any guy wires, and the corners of all appurtenant structures.
[f]
Proposed utilities, including distance from source of power, sizes of service available and required, locations of any proposed utility or communication lines, and whether underground or aboveground.
[g]
Limits of areas where vegetation is to be cleared or altered, and justification for any such clearing or alterations.
[h]
Any direct or indirect wetlands alteration proposed.
[i]
Detailed plans for drainage of surface and/or subsurface water; plans to control erosion and sedimentation both during construction and as a permanent measure.
[j]
Plans indicating locations and specifics of proposed screening, landscaping, ground cover, fencing, any exterior lighting or signs.
[k]
Preliminary plans of proposed access driveway or roadway and parking area at the tower site, including proposed grading and traveled width and depth of gravel paving or surface materials.
[4]
Details of the proposed tower and appurtenances including:
[a]
Plans, elevations, sections and details at appropriate scales but no smaller than one inch equals 10 feet.
[b]
Two cross sections through the proposed tower drawn at right angles to each other and showing the ground profile to at least 100 feet beyond the limit of clearing, and showing any guy wires or supports. Dimension the proposed height of the tower above average grade at tower base. All proposed antennas, including their location on the tower, must be shown.
[c]
Preliminary plans for proposed tower foundation and ground attachments, such as wire anchors.
[d]
Details of the proposed exterior finish of the tower.
[e]
Indicate the relative height of the tower to the tops of surrounding trees as they presently exist, and the height to which they are expected to grow in 10 years.
[f]
Illustration of the modular structure of the proposed tower indicating the heights of sections which could be removed or added in the future to adapt to changing communications conditions or demands or to accommodate collocation.
[g]
A structural professional engineer's written description of the proposed tower structure and its capacity to support additional antennas or other communications facilities at different heights, and the ability of the tower to be shortened if future communications facilities no longer require the original height, and that the tower is designed to withstand winds in accordance with the ANSI/E1A/T1A 222 standards (latest revision).
[h]
In the event that the applicant proposes the erection of a particular make or model tower, the make, model number and photograph of the tower proposed to be erected shall be provided. In addition, the applicant shall provide the manufacturer's recommendations, if any, with regard to such matters as wind loading, falldown potential and setback requirements for the tower.
[5]
Details of proposed communications equipment shelter and other accessory structures:
[6]
Sight lines:
[a]
View lines in a zero- to two-mile radius from the site, shown beginning at true north and continuing clockwise at intervals of 45°.
[b]
A plan map of a circle within a two-mile radius of the facility site on which visibility of the proposed tower from public ways shall be indicated.
[c]
Profile drawings on a horizontal scale of one-inch equals 400 feet with a vertical scale of one-inch equals 40 feet. Trees shall be shown at existing heights and at projected heights in 10 years.
[7]
A plan showing the exact location of each antenna or other broadcast or receiving facility on the existing tower.
[8]
If required by the Planning Board, the applicant shall arrange to fly or raise upon a temporary mast a three-foot diameter brightly colored balloon at the maximum height of the proposed tower during daylight hours at times and durations reasonably determined by the Planning Board. Reasonable advance notice of the test shall be advertised by the applicant in the Town's official newspaper with due regard to the fact that weather conditions may dictate the actual date of the conduct of the test.
(b)
For applications involving a new personal wireless service facility or modification of an existing facility, the submission must also include the following:
[1]
The applicant must submit:
[a]
Documentation, from a professional engineer licensed in the State of New York and with an expertise in telecommunications and radio frequency engineering, showing that the tower and/or facility is needed to provide adequate coverage to an area within the applicant's licensed service area that currently has inadequate coverage, including a scaled graphical depiction of the inadequate coverage area.
[b]
An RF emissions certification.
[2]
A location map at a scale of one inch equals 1,000 feet showing the entire property on which the facility will be located and all easements and streets and existing structures within 200 feet of the facility site. The location shall include the names of the owners of record for all parcels within 200 feet of the property on which the facility is located.
[3]
Proposed facility plan. A recent survey of the facility site at a scale of one inch equals 50 feet showing:
[a]
Horizontal and radial distances of antenna(s) to the nearest point on the facility site line.
[b]
Horizontal and radial distances of antenna(s) to the nearest inhabited or occupied buildings or structures.
[c]
Proposed utilities, including the distance from the source of power, sizes of service available and required, locations of any proposed utility or communication lines, and whether underground or aboveground.
[d]
Changes to be made to the existing facility's landscaping, screening, fencing, lighting, drainage, wetlands, grading, driveways or roadways, parking or other infrastructure as a result of proposed modification to an existing facility.
[4]
Proposed communications equipment shelter and other accessory structures.
[5]
Proposed equipment plan:
[a]
Plans, elevations, sections and details at appropriate scales but no smaller than one inch equals 10 feet.
[b]
The number of antennas and repeaters (if any) and the exact location of this equipment located on a map.
[c]
Mounting locations on the tower or structure, including height aboveground.
[d]
Antenna(s) type, manufacturer and model number for each antenna.
[e]
For each antenna, the antenna gain and radiation pattern.
[f]
The number of channels per antenna, projected and maximum.
[g]
The power input to each antenna.
[h]
The power output (ERP), in normal use and at maximum output, for each antenna and all antennas as an aggregate.
[i]
The output frequency of the transmitter(s).
(c)
For applications involving tower construction or modification to accommodate a personal wireless service facility:
[1]
The applicant shall provide a listing of all existing and planned (if known) personal wireless service facility sites and all existing antenna sites within the Town of North East and within a seven-mile radius of the proposed tower site. The list shall include site elevation, tower height, type of service, antenna type(s), orientation, center of radiation and ERP for each site, where such information is known or available.
[2]
The applicant shall provide written documentation of any facility sites in North East, and within a seven-mile radius of the proposed site, in which it has a legal or equitable interest, whether by ownership, leasehold or otherwise. For each such facility site, it shall demonstrate with written documentation that the facility site is not already providing, or does not have the potential by adjusting the site to provide, adequate coverage and/or adequate capacity to the Town of North East. The documentation shall include, for each facility site listed, the exact location (in longitude and latitude, to degrees, minutes and seconds), ground elevation, height of antennas on tower or structure, output frequency, number of channels, power input and maximum power output per channel. Potential adjustments to these existing facility sites, including changes in antenna type, orientation, gain, height or power output, shall be specified. Radial plots from each of these facility sites as they exist, and with adjustments as above, shall be provided as part of the application, where such information is known or available.
[3]
The applicant shall demonstrate with written documentation that it has examined all facility sites towers or structures located in North East and within a seven-mile radius of the proposed site in which the applicant has no legal or equitable interest to determine whether those existing facility sites can be used to provide adequate coverage and/or adequate capacity to the Town of North East. The documentation shall include, for each facility site examined, the exact location (in longitude and latitude to degrees, minutes and seconds), ground elevation, height of tower or structure, type of antennas proposed, proposed antenna gain, height of proposed antennas on tower or structure, proposed output frequency, proposed number of channels, proposed power input and proposed maximum power output per channel. Radial plots from each of these facility sites, as proposed, shall be provided as part of the application, where such information is known or available.
[4]
The applicant shall demonstrate with written documentation that it has analyzed the feasibility of repeaters or non-tower-mounted PWSFs in conjunction with all sites listed in compliance with Subsections B(5)(c)[1], [2] and [3] to provide adequate coverage and/or adequate capacity to the Town of North East. Radial plots indicating such consideration shall be provided as part of the application.
[5]
The applicant shall describe in detail all other personal wireless service facilities and/or towers which it anticipates it will require in the future within the Town of North East to provide adequate coverage to this area.
(d)
Completed Part I of the long form environmental assessment form (EAF) and completed visual EAF addendum.
(e)
The Planning Board shall have the power to modify or waive any of these application requirements, or general requirements, where the application is for installation of a repeater only or if it determines that the requirement is not applicable to, or necessary for, the complete review and evaluation of the particular project, or is unduly burdensome to the applicant, and that the waiver of such requirement will not pose a risk to the public health or safety. The Planning Board may also require such additional documentation or information as it determines may be reasonably necessary for complete review and evaluation of the application.
C.
General requirements.
(1)
Communications and personal wireless facilities and towers may only be located on lots having a minimum of five (5) acres. This limitation shall not apply to repeaters and non-tower-mounted PWSF's. However, the Planning Board shall have the power to waive the five (5) acre requirement if the applicant demonstrates that the proposal meets all setbacks and other requirements of this chapter and will not adversely affect the health, safety and welfare of the neighboring community.
(2)
No more than one communications or personal wireless tower shall be located on a single lot.
(3)
New towers shall be set back at least two times the height of the tower from all boundaries of the facility site on which the tower is located.
(4)
If the facility or tower site is in a wooded area, a vegetated buffer strip of undisturbed trees shall be retained for at least 50 feet in width around the entire perimeter of the facility site, except where the access drive is located.
(5)
Fencing and signs. The area around the tower and communication equipment shelter(s) and other accessory structures shall be completely fenced for security to a height of six feet and gated. A sign of no greater than two square feet indicating the name of the facility owner(s) and a twenty-four-hour emergency telephone number shall be posted adjacent to the entry gate. In addition, "no trespassing" or other warning signs may be posted on the fence.
(6)
Communication equipment shelters and accessory buildings shall be designed to be architecturally similar and compatible with each other and shall be a single story. The buildings shall be used only for the housing of equipment related to the particular site. Whenever possible, the buildings shall be joined or clustered so as to appear as one building.
(7)
New towers, including masts, antenna and other accessory facilities, shall not exceed the minimum height necessary to provide adequate coverage for any personal wireless service facilities proposed for use on the tower, but in no event shall they be constructed to a height greater than 199 feet above the ground on which the tower is to be located.
(8)
Tower finish. A new tower shall have a galvanized finish unless otherwise required to be painted or otherwise camouflaged to minimize the adverse visual impact.
(9)
Monopole and other less obtrusive tower designs shall be encouraged. However, where practicable, towers should be designed and constructed in a manner which will accommodate future sharing.
(10)
The use of repeaters and/or non-tower-mounted PWSF's to assure adequate coverage for personal wireless service, or to fill holes within areas of otherwise adequate coverage, while minimizing the number of required towers, is permitted and encouraged. An applicant who has received a special permit for a personal wireless facility, with at least 30 days written notice to the Code Enforcement Officer and Planning Board, may install one or more additional repeaters on an existing structure without the necessity for special permit application, but such installation shall be subject to site plan review and approval by the Planning Board. Notwithstanding the provisions of Article V of the Town Code, a repeater is a use for which the Planning Board may issue a special permit and site plan approval in the Medium Density Residential (R20,000); Light Industrial (M-A); Irondale Business (IB); and Boulevard Districts (BD-East and BD-West).
(11)
Commercial advertising shall not be allowed on any antenna, tower, communication equipment shelter or accessory structure.
(12)
Unless required by the Federal Aviation Administration, no night lighting of towers or the personal wireless service or communication facility is permitted, except for manually operated emergency lights for use only when operating personnel are on site. This prohibition shall not apply to lighting requirements imposed on existing towers or facilities by amendments to the statutes, rules or regulations of the Federal Aviation Administration enacted subsequent to the approval of those towers or facilities.
(13)
No tower or personal wireless service or communications facility that would be classified as an obstruction hazard to air navigation, as defined by the Federal Aviation Regulations (Title 14 CFR), is permitted.
(14)
No tower shall be located:
(a)
Closer than 750 feet, on a horizontal plane, to any structure existing at the time of application which is, or is able to be occupied or habitable on the property of any school (both public and private).
(b)
Closer than 750 feet, on a horizontal plane, to an existing dwelling unit or day-care center, hospital, nursing home, church, synagogue or other place of worship.
(c)
Closer than 300 feet, on a horizontal plane, to the nearest property line or 500 feet to the nearest habitable structure.
(d)
Closer than twice its height, on a horizontal plane, to a power line.
(e)
Within any of the following prohibited areas:
[1]
Wetland regulated by the Department of Environmental Conservation (DEC) or federally regulated.
[2]
The habitat of any state-listed rare or endangered wildlife or rare plant species.
[3]
Within 100 feet horizontally of the boundary of any wetland regulated by New York or the DEC.
[4]
Within 100 feet horizontally of the edge of any watercourse and/or water body.
[5]
Within 500 feet horizontally of any historic district or property listed on the State or Federal Register of Historic Places.
[6]
Within 500 feet horizontally of any known archaeological site.
D.
Standards for siting.
(1)
Visual/aesthetic. Towers shall, when possible, be sited off ridge lines, and where their visual impact is least detrimental to significant scenic areas.
(2)
The use of sites distant from residential properties, and where visual impact can be minimized, shall be encouraged.
(3)
Shared use of communications and personal wireless service facilities shall be strongly encouraged.
(4)
Communications and personal wireless service towers and facilities shall be located so as to provide adequate coverage and adequate capacity with the least number of towers and antennas which are technically and economically feasible.
E.
Approval criteria. In addition to meeting all approval criteria for special permits, no special permit for a communication or personal wireless service tower or facility shall be granted unless it has been demonstrated:
(1)
That the applicant is not already providing adequate coverage and/or adequate capacity to the Town of North East.
(2)
That the applicant is not able to use existing communications facility or PWSF sites, either with or without the use of repeaters, to provide adequate coverage and/or adequate capacity to the Town of North East due to:
(a)
The absence of existing towers or facilities in the area requiring service;
(b)
An inability to use existing sites in a technologically feasible manner consistent with the personal wireless service provider's system requirements;
(c)
Structural or other engineering limitations such as frequency incompatibilities; or
(d)
An inability to secure permission of the owner(s) of the existing site(s) and/or antenna(s) facility at fair market cost to allow collocation.
(3)
That the proposed facility is the minimum height and aesthetic intrusion necessary to provide adequate coverage to the Town of North East.
(4)
That the applicant has agreed to rent or lease available space on the tower, under the terms of a fair-market lease, without discrimination to other personal wireless service providers.
(5)
That the proposed personal wireless service facility or tower will not have an undue adverse impact on historic resources, scenic views, residential property values and/or natural or man-made resources.
(6)
That the applicant has agreed to implement all reasonable measures to mitigate the potential adverse impacts of the tower and/or facility.
(7)
That the proposal shall strictly comply with FCC regulations regarding emissions of electromagnetic radiation and that the required monitoring program is in place, and paid for by the applicant.
F.
Consultant fees. The Planning Board may, in its discretion, retain the services of independent consultants of its own choosing to assist in the review and determination of the application. All costs to the Town for these consultants shall be reimbursed to the Town by the applicant as set forth in § 180-28 of this chapter. These costs shall be charged to the applicant in accordance with a schedule of fees adopted by the Town Board, which schedule shall contain a reasonable limitation on the total amount of fees which can be charged to the applicant. The Planning Board shall require the applicant to fund an escrow account which the Town may draw on to ensure reimbursement of those fees. An initial escrow shall be established and shall be replenished to its full amount should the account deplete by 50% or more.
G.
Decision. Any decision to grant, deny or conditional modify an application shall be in writing.
H.
Inspection of facilities.
(1)
Structural inspection. Tower owner(s) shall conduct inspections of the tower's structural integrity and safety by an independent licensed professional structural engineer. Guyed towers shall be inspected every three years. Monopoles and non-guyed lattice towers shall be inspected every five years. A report of the inspection results shall be certified and submitted to the Town Board and the Zoning Enforcement Officer. Any major modification of an existing facility which includes changes to tower dimensions or antenna numbers or type shall require a new structural inspection.
(2)
Unsafe structures. Should the inspection of any tower reveal any structural defect(s) which, in the opinion of the inspecting engineer, render(s) that tower unsafe, the following actions must be taken. Within 10 business days of notification of unsafe structure, the owner(s) of the tower shall submit a plan to remediate the structural defect(s). This plan shall be initiated within 10 business days of the submission of the remediation plan, and completed within 10 business days after commencement. Failure to accomplish this remediation of structural defect(s) within 10 business days shall be a violation of the special use permit and shall be grounds for revocation of the special permit by the Planning Board, after public hearing, and subject the facility owner and/or operator to other enforcement and penalty provisions provided in the Town Code.
I.
Removal requirements. Any personal wireless service facility which ceases to operate for a period of one year shall be removed. "Cease to operate" is defined as not performing the normal functions associated with the personal wireless service facility and its equipment on a continuous and ongoing basis. The facility site shall be remediated by removal of all personal wireless service facility improvements which have ceased to operate. If the full height of the tower is not required for the operation of the remaining service(s), and if technically feasible, depending on the construction of the tower, the tower shall be reduced in height accordingly. If all facilities on a tower have ceased to operate, the tower shall also be removed, and the site shall be revegetated. Existing trees shall only be removed if necessary to complete the required removal. The foundations of buildings and structures shall not necessarily be required to be removed. The applicant, upon obtaining a permit, shall provide financial surety in an amount set by the Town Board, and in a form approved by the Town Attorney, to cover the cost of removal of the personal wireless service facility and the remediation of the landscape, should the facility cease to operate.
J.
Fees and insurance. Towers and personal wireless service facilities shall be insured by the owner(s) of towers and/or personal wireless service facilities against damage to persons or property. The owner(s) of towers and/or personal wireless service facilities shall provide a certificate of insurance to the Town Clerk on an annual basis.
Gas station or gas station with convenience store shall comply with the following supplemental standards:
A.
Motor vehicle fuels sold may be dispensed by self-service or a station attendant at a designated location designed and approved for such use.
B.
A gas station may also include an accessory convenience store offering the sale of prepackaged food products, household items, newspapers, and a limited range of freshly prepared food (coffee, fruit, sandwiches or similar) for off-site consumption. The maximum gross floor area of a convenience store shall be 3,000 square feet (which floor area shall be inclusive of the entire building floor area, including point of sales, bathrooms, office space, storage areas, maintenance and utility rooms, product display, refrigerators, etc.).
C.
The number of fuel-dispensing nozzles shall be restricted to a maximum of 16, and the number of pump dispensers (which may have service on both sides) shall be limited to a maximum of four.
D.
Adequate parking shall be made available on-site for customers making purchases at the store but not buying gasoline. The parking area shall be located and dimensioned in a manner that does not interfere with the safe ingress and egress of vehicles purchasing gasoline.
E.
An enclosed or fenced area trash dumpster for disposal of stock packings removed by store employees and trash receptacles for customer use on the premises shall be supplied.
F.
There shall be no outdoor displays of merchandise.
G.
All vending machines shall be located within the principal building.
H.
All rooftop heating/ventilation/air-conditioning or refrigeration units shall be directed away from adjacent residential properties. Roof-top mechanical equipment, except solar panels flush with a roof, shall be hidden and screened from ground view on all sides of the building as viewed from the immediate surrounding neighborhood.
I.
The rental or sale of vehicles at a gasoline station shall be prohibited.
J.
In the site plan approval process, the Planning Board shall apply the following design principles to the facility:
(1)
The principal building shall be located so that its front face is oriented towards the street with the pump, islands and canopy located to the side or rear of the principal building.
(2)
The architecture of the building shall be designed fully on all four sides, where practicable.
(3)
Accessory canopy structures, fueling pump dispensers and other accessory appurtenances such as vacuums, air pumps or similar shall be subject to minimum yard requirements equal to the principal building, except no fueling pump dispenser shall be closer than 100 feet to any residential district boundary. Also, all fuel pump dispensers shall be setback a distance equal to or greater than the principal building from a front property line.
(4)
The design and construction of any canopy structures shall be consistent with the design and construction of the principal building, both of which shall utilize pitched roofs.
(5)
Separate from the required minimum off-street parking spaces, a parking space measuring a minimum of 10 feet by 18 feet shall be provided for each air and vacuum dispenser.
(6)
All lighting, fire suppression equipment and roof drainage shall be concealed within the canopy structure.
(7)
Grooved concrete pavement shall be utilized in the primary area surrounding the fuel pump dispensers.
(8)
Outdoor audio and video advertisement or entertainment systems shall be prohibited (does not preclude a small integrated pump dispenser screen providing fueling and transaction instructions).
A.
Manure may be stored on a property within the A5A and R3A Districts only as an accessory use to the principal use of that property as that term is defined in § 180-5 of this chapter.
B.
The storage of manure, whether for purposes of composting or for staging for subsequent removal from the property or application to crop fields, shall be deemed to be a normal and customary accessory use to a farm, as that term is defined in § 180-5 of this chapter.
C.
Manure shall not be stored for composting or staging for subsequent removal or crop field application or for any other purpose within 100 feet of the center line of any public road or highway. This prohibition shall not, however, apply to a farm or farm operation if stored within a closed container or other structure designed to store and/or compost manure in a location which does not encroach on the road or highway right-of-way and shoulders.
D.
Manure stored 100 feet or more from the center line of any public road or highway need not be stored in a closed container or other structure designed to store and/or compost manure.
A.
Solar energy is a renewable and nonpolluting energy resource that can prevent fossil fuel emissions and reduce a municipality's energy load. Energy generated from solar energy systems can be used to offset energy demand on the grid where excess solar power is generated. The use of solar energy equipment for the purpose of providing electricity and energy for heating and/or cooling is both a necessary and priority component of the Town of North East's current and long-term sustainability agenda. It is also part of North East's commitment to be a "climate smart" community. Because it is in the public interest to provide for and encourage renewable energy systems and a sustainable quality of life, the purpose of this section is to facilitate the development and operation of renewable energy systems based on sunlight while minimizing adverse impacts on neighboring properties so as to protect the public health, safety and welfare.
B.
Refer to § 180-5 of this chapter for related definitions of terms used specifically in this section.
C.
Applicability.
(1)
The requirements of this section shall apply to all solar energy systems and equipment installations modified or installed after the effective date of this section.
(2)
Solar energy systems for which a valid building permit has been issued or, if no building permit is presently required, for which installation has commenced before the effective date of this section shall not be required to meet the requirements of this section.
(3)
Modifications to an existing solar energy system that increase the solar energy system area by more than 25% of the original area of the solar energy system (exclusive of moving any fencing) shall be subject to this section.
(4)
All solar energy systems shall be designed, erected and installed in accordance with all applicable codes, regulations and industry standards as referenced in the New York State Uniform Fire Prevention and Building Code (the "Building Code"), the New York State Energy Conservation Construction Code (the "Energy Code") and the Town Code, as well as may be required by Public Service Commission regulations.
(5)
No solar energy system shall be permitted to be installed if it is determined by the Code Enforcement Officer that such system presents an unreasonable safety risk because of weight load, wind resistance, ingress or egress in the event of fire or other emergency, or any other reason.
(6)
In order to make this assessment, the Code Enforcement Officer may require certification from a New York State licensed professional engineer that the system design conforms with applicable codes, regulations and industry standards and that the system has been properly installed and anchored to prevent flotation, collapse or lateral movement.
(7)
All solar energy systems and related equipment shall be surfaced, designed and sited so as not to reflect glare onto adjacent properties or roadways, and all solar panels shall have anti-reflective coatings.
(8)
Solar energy systems, unless part of a solar farm or solar power plant, shall be permitted only to provide power for the reasonably projected on-site consumption use by owners, lessees, tenants, residents, or other occupants of the property on which they are erected, but nothing contained in this provision shall be construed to prohibit collective solar installations or the sale of excess power through a net metering arrangement in accordance with New York Public Service Law § 66-j or similar state or federal statute.
(9)
All solar energy systems shall be subject to the lot coverage requirements of this chapter. The lot coverage of a solar energy system shall include:
(a)
Foundation systems, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars;
(b)
All mechanical equipment of the solar energy system, including any pad-mounted structure for batteries, switchboard, transformers or storage cells;
(c)
Paved access roads servicing the solar energy system; and
(d)
The total surface area of a regular geometric form enveloping the freestanding or ground-mounted solar energy system.
(10)
No solar carport on a residential parcel shall be larger than an area sufficient to cover two motor vehicles.
D.
Permitting and approval requirements.
(1)
All solar energy systems shall require the issuance of a solar energy system building permit.
(2)
Rooftop or building-mounted solar energy systems that generate electricity primarily for use on site shall be permitted as an accessory use in all zoning districts.
(3)
Building-integrated photovoltaic systems are permitted as an accessory use in all zoning districts, provided they are shown on the plans submitted for the building permit application for the building containing the system approved by the Town's Code Enforcement Officer.
(4)
Rooftop or building-mounted solar energy systems which are to be located in any historic district shall, in addition to a solar energy system building permit, require the issuance of a special use permit from the Zoning Board of Appeals ("ZBA").
(5)
Freestanding or ground-mounted solar energy systems, including solar carports, that generate electricity primarily for use on site shall be permitted in all zoning districts, subject to the issuance of a solar energy system building permit and issuance of a special use permit by the ZBA.
(6)
Solar thermal systems that generate hot water or electricity primarily for use on site shall be permitted in all zoning districts and shall only require a special use permit if ground-mounted.
(7)
In addition to any other requirements for issuance of a special use permit set forth in this chapter, the applicant shall submit the following information in connection with the application for a special use permit; provided, however, that the information required in Subsection D(1)(a) shall not be required for rooftop or building-mounted solar energy systems, building-integrated photovoltaic systems or solar carports:
(a)
A soil map of the parcel on which the solar energy system is to be located, prepared by the Dutchess County Soil and Water Conservation District, showing any federal or state wetlands, streams or other bodies of water, prime agricultural land, slope and 100-year and 150-year floodplains.
(b)
Blueprints, signed by a professional engineer or registered architect, of the solar energy system, showing the layout of the system.
(c)
Equipment specification sheets for all photovoltaic panels, significant components, mounting systems and inverters to be installed.
(d)
A description of any clearing of trees incident to construction of the system.
(e)
All information required by the solar energy system building permit.
(g)
Any other information or documentation which the Zoning Board deems necessary for adequate review of the application.
(h)
Review by the ZBA shall, in addition to the other requirements for issuance of a special use permit, include consideration of the requirements of this section and the visual impact of the proposed solar installation, including on scenic and historic resources, and any related mitigation that may be deemed reasonably undertaken. The ZBA may require an applicant to submit a viewshed analysis meeting the requirements set forth in the New York State Department of Environmental Conservation's SEQRA publication entitled "Assessing and Mitigating Visual Impacts," http://www.dec.ny.gov/documents/permits_ej_operations_pdf/visual_2000.pdf., or other generally accepted viewshed analysis.
(i)
The ZBA and the Planning Board are encouraged to condition their approval of proposed developments on sites adjacent to solar energy systems so as to protect their access to sufficient sunlight to remain economically viable over time.
E.
Additional requirements for rooftop and building-mounted solar energy systems.
(1)
Rooftop installations shall incorporate, when feasible, the following design requirements:
(a)
Solar panels on pitched roofs shall be mounted with a maximum distance of eight inches between the roof surface and the highest edge of the system.
(b)
Solar panels on pitched roofs shall be installed parallel to the roof surface on which they are mounted or attached.
(c)
Solar panels on pitched roofs shall not extend higher than the highest point of the roof surface on which they are mounted or attached.
(d)
Solar panels on flat roofs shall not extend above the top of the surrounding parapet, or more than 24 inches above the flat surface of the roof, whichever is higher.
(2)
Rooftop and building-mounted solar energy systems shall not exceed the maximum height limitations for the zoning district within which they are located.
(3)
All such installations shall comply with the New York State Code to ensure firefighter and other emergency responder safety and access.
F.
Additional requirements for freestanding and ground-mounted solar energy systems.
(1)
In all zoning districts, a lot must have a minimum area of one acre in order for a freestanding or ground-mounted solar energy system to be permitted.
(2)
The location of a ground-mounted or freestanding solar collector shall comply with the applicable setback requirements set forth in this chapter for the applicable district.
(3)
No freestanding or ground-mounted solar energy system shall be permitted in either a required front yard as set forth for the zoning district within which the system is proposed or between the principal building on the lot and the fronting street or roadway, whichever is the greater distance.
(4)
Any structures designed and/or constructed to position, hold and/or otherwise support any freestanding or ground-mounted solar energy system equipment shall not cause the top edge of the solar panel to be greater than 12 feet above ground level when oriented at a maximum vertical tilt.
(5)
Any on-site power lines shall, to the maximum extent practicable, be underground installations.
(6)
Freestanding or ground-mounted solar energy systems shall be screened to the extent practicable from adjoining residential lots and public rights-of-way through the use of architectural features, earth berms, landscaping, fencing or other features which will harmonize with the character of the property and surrounding area. The proposed screening shall not, however, interfere with the normal operation of the solar collectors.
(7)
Solar energy systems shall be located in a manner to reasonably minimize shading of property to the north while still providing adequate solar access for collectors.
(8)
The area both beneath and between ground-mounted and freestanding solar collectors, i.e., within the regular geometric form cited above, shall be included in calculating whether the lot meets the maximum permitted building coverage and lot coverage and minimum open space standards for the zoning district within which the system is located. The system shall, however, not be considered in calculating whether any limitation on either the number or aggregate square footage of accessory structures is exceeded.
(9)
The location of any freestanding or ground-mounted solar system, or any portion thereof, shall not encroach upon any ecologically sensitive land or water resource or be permitted on any land subject to a conservation or agricultural easement, the terms of which would preclude construction of the solar energy system.
(10)
Setback, screening and other requirements for solar carports may be modified or waived by the ZBA as part of the special use permit process where appropriate to permit, for example, the construction of a solar carport in an existing or proposed commercial parking lot.
G.
Additional requirements for Small-Scale Solar Thermal Systems. To the extent applicable, the installation of ground-mounted and freestanding solar thermal systems shall be subject to the same requirements as those set forth above for ground-mounted and freestanding solar energy systems.
H.
Safety and maintenance requirements for solar energy system installation.
(1)
Except for those systems where the electricity generated is for residential use only and which are not part of a collective solar installation, the installation of all solar energy systems and any related equipment must be performed by a qualified solar installer.
(2)
Prior to operation, electrical connections must be inspected by the Town's Building Inspector and by an appropriate electrical inspection person or agency, as determined by the Town.
(3)
Any connection to the public utility grid must be inspected by and comply with the requirements of the appropriate public utility and with any additional requirements of the New York State Public Service Commission.
(4)
Solar energy systems shall be maintained in good working order.
(5)
If a solar storage battery is included as part of the solar energy system, it must be placed in a secure container or enclosure meeting the requirements of the State Uniform Fire Code when in use, and when no longer used shall be disposed of in accordance with the laws and regulations of the Town and other applicable laws and regulations. Markings on such a storage battery shall be in accordance with the provisions of the state code and the National Electrical Code.
(6)
If a solar energy system ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove all equipment associated with the solar energy system by no later than 90 days after the end of the twelve-month period.
(7)
Marking of Equipment.
(a)
Solar emergency systems and equipment shall be marked in order to provide emergency responders with appropriate warning and guidance with respect to isolating the solar energy system. Materials used for marking shall be weather-resistant. For residential applications, the marking may be placed within the main service disconnect. If the main service disconnect is operable with the service panel closed, then the marking should be placed on the outside cover.
(b)
For commercial application, the marking shall be placed adjacent to the main service disconnect in a location clearly visible from the location where the lever is operated.
I.
Solar farms.
(2)
In addition to any other requirements for issuance of a special use permit, the applicant shall submit the following information:
(a)
A soil map of the parcel on which the solar energy system is to be located, prepared by the Dutchess County Soil and Water Conservation District, showing any federal or state wetlands, streams or other bodies of water, prime agricultural land, slope and 100-year and 150-year floodplains.
(b)
Property lines and physical features, including roads, for the project site.
(c)
Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures.
(d)
Drawings showing the location and size of any proposed towers or utility lines.
(e)
A one- or three-line electrical diagram detailing the solar energy system layout, solar collector installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices.
(f)
Name, address and contact information of proposed or potential system installer and the owner and/or operator of the solar energy system. If the final system installer is different, the requested information for such final installer shall be submitted prior to the issuance of a building permit.
(g)
Name, address, phone number and signature of the project applicant, as well as all property owners, demonstrating their consent to the application and the use of the property for the solar energy system.
(h)
Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.
(i)
Erosion and sediment control and stormwater management plans prepared to New York State Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the ZBA.
(j)
Blueprints, signed by a professional engineer or registered architect, of the solar energy system showing the layout of the system.
(k)
Equipment specification sheets for all photovoltaic panels, significant components, mounting systems and inverters to be installed.
(l)
A description of any clearing of trees incident to construction of the system.
(m)
In the course of its review of a proposal for development of a solar farm, the Zoning Board of Appeals and/or Planning Board may require an applicant to submit a viewshed analysis meeting the procedures identified within the New York State Department of Environmental Conservation's SEQRA publication entitled "Assessing and Mitigating Visual Impacts," http://www.dec.ny.gov/documents/permits_ej_operations_pdf/visual_2000.pdf or any other generally accepted viewshed analysis.
(n)
Such other documentation and information which the ZBA deems necessary for adequate review of the application.
(3)
No solar farm shall be permitted:
(a)
On federal or state wetlands, or their buffer areas;
(b)
Ecologically sensitive land or water resources;
(c)
On land subject to conservation or agricultural easements the terms of which easement would preclude construction of a solar farm; or
(d)
To remove prime agricultural land or farmland of statewide importance from potential agricultural production.
(4)
The installation of the solar power plant shall cause neither the cutting, within or at the periphery of a forested or woodland area, of more than 50% of the trees of six inches or more in diameter at breast height over any continuous land area of 1/4 acre nor overall site disturbance caused by grading, tree removal or other work on the solar farm site and its access exceeding a total of one acre.
(5)
The parcel on which a solar farm is sited shall be a minimum of 10 acres.
(6)
No solar farm shall be larger than 30 acres, including fencing.
(7)
No part of any structure shall be closer than 100 feet to any property line or to any public road. However, the Zoning Board of Appeals shall have the authority to impose greater setbacks as it determines necessary to preserve the rural character and scenic qualities of the surrounding community or to mitigate adverse visual impacts of the solar farm facility.
(8)
Solar farms shall be enclosed by perimeter fencing, eight feet in height and set back at a sufficient distance from all components of the solar installation to restrict unauthorized access or other safety hazard. The type of perimeter fencing shall be subject to approval by the ZBA.
(9)
Agricultural uses, including the raising of organic crops and small animals, such as sheep, rabbits and chickens, may be carried out within the fenced perimeter of a solar farm.
(10)
The ground within the fenced perimeter of a solar farm shall not be tamped, compressed, or otherwise specially conditioned with herbicides, pesticides or similar other treatments to inhibit the growth of natural vegetation.
(11)
The manufacturer's or installer's identification and appropriate warning signage and emergency contact information shall be posted at the site and clearly visible.
(12)
Solar farm buildings and accessory structures shall, to the maximum extent practicable, use materials, colors and textures that will blend the facility into the existing environment. Appropriate landscaping and/or screening materials may be required to help screen the solar power plant and accessory structures from scenic roadways, parklands, historic properties and neighboring residences.
(13)
The average height of the solar panel arrays shall not exceed 12 feet.
(14)
Solar farm and solar power plant panels and equipment shall be surfaced, designed and sited so as not to reflect glare onto adjacent private properties and public roadways.
(15)
There shall be no outdoor lighting associated with the solar farm except as considered desirable for activation in the case of an emergency.
(16)
The use of paving and concrete shall be minimized in the design and construction of a solar farm.
(17)
Any on-site power lines shall, to the maximum extent practicable, be underground installations.
(18)
Decommissioning.
(a)
All applications for solar farms shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of the structure. The decommissioning plan shall acknowledge the above requirements and explain how the removal of all aboveground material and the remediation of soil and vegetation shall be conducted to return the parcel to its original state prior to construction. The plan shall also include an expected timeline for execution, which shall in no event exceed one year. As part of the plan, the applicant shall also acknowledge that, should the removal not occur in accordance with the plan, the Town may remove the system and restore the property and impose a lien on the property to cover any costs to the Town exceeding those covered by the bond or other performance guarantee.
(b)
The site shall be restored to as natural a condition as possible within six months of the removal.
(19)
Bond.
(a)
Prior to issuance of a building permit or special use permit, the owner or operator of the solar farm shall post a performance bond or other suitable guarantee in a face amount of not less than 150% of the estimated costs, as determined by the Planning Board upon recommendation of the Town Engineer, to ensure removal of the solar energy system or facility or structure in accordance with the decommissioning plan described below. The form of the guarantee must be reviewed and approved by the Attorney to the Town and the Town Board, and the guarantee must remain in effect until the system is removed. Review of the guarantee by the Town Engineer and Town Attorney shall be paid from an escrow established by the applicant. Prior to removal of a solar farm or solar power plant, a demolition permit for removal activities shall be obtained from the Town.
(b)
In lieu of a removal bond, the Town Board, in its discretion, may permit the owner and/or operator to enter into a decommissioning agreement with the Town which provides, in relevant part, that if the decommissioning of the site is not completed within six months of the time period set forth in § 180-72.1I(15) above, the Town may, at its own expense, enter the property and remove or provide for the removal of the structures and equipment and/or the restoration of the site, as the case may be, in accordance with the decommissioning plan. Such agreement shall provide, in relevant part, that the Town may recover all expenses incurred for such activities from the defaulting property owner and/or operator. The cost incurred by the Town shall be assessed against the property and shall become a lien and tax upon said property and shall be added to and assessed as part of the taxes to be levied and assessed thereon and enforced and collected with interest in the same manner as other taxes. If such a decommissioning agreement is made, it shall be recorded by the landowner with the land records of Dutchess County and shall be an agreement which binds subsequent owners of the property. A copy showing the stamp of the Recorder of Deeds shall be given by the landowner to the Town Clerk. This provision shall not preclude the Town from collecting such costs and expenses by any other manner by action in law or in equity. In the event of any such legal proceedings, the owner and/or operator, as the case may be, shall be liable for all legal expenses, costs and disbursements in connection with said litigation, as awarded by a court of competent jurisdiction.
J.
Conforming amendments. [To be provided]
K.
Enforcement. Any violation of this section shall be subject to the same enforcement requirements, including civil and criminal penalties, as provided for in § 121-71 of the Town Code.
Accessory EV charging stations shall comply with the following supplemental standards:
A.
Purpose and intent. The purpose of this section is to provide for and promote the use of electric vehicles (EVs) by providing for the convenient location of EV charging stations, subject to reasonable conditions that will protect the environment, public health, safety, and welfare. Because EV charging requires more time than internal combustion engine refueling, charging facilities will be more widely distributed to allow vehicle operators to engage in other nearby activities such as home life, shopping, dining, or recreation while their EVs are being charged.
B.
Accessory use only. EV charging stations shall be permitted as an accessory use/structure to an otherwise permitted principal use. All EV charging stations shall comply with the supplemental standards of this section in addition to all other applicable standards and requirements of this chapter.
C.
Locational and design standards.
(1)
EV charging stations ancillary to otherwise permitted single-family dwellings, two-family dwellings, and farms shall be permitted subject to a Zoning Permit:
(a)
EV charging stations shall be located within a garage, on an exterior wall of a principal or accessory building, or freestanding mounted adjacent to a parking space within a driveway.
(b)
An EV charging station is an accessory structure for purposes of applying all lot bulk standards.
(c)
EV charging stations shall be for the personal use of the residents or occupants of the premises and their invited guests while visiting. There shall be no collection of a fee or charging payment involved with said accessory use.
(2)
EV charging stations accessory to all other otherwise permitted uses may be permitted subject to Planning Board site plan approval and the following supplemental standards:
(a)
EV charging stations may be permitted as an accessory use to a permitted principal use where the use of the EV charging stations is made available at no cost or for a fee to charge an electric vehicle while otherwise working at, visiting, or patronizing the principal use. EV charging stations may also be made available to the public at no cost or for a fee to charge an electric vehicle when the driver is not visiting or patronizing the use of the facility subject to site plan approval of the Planning Board. Such use is primarily intended for the convenience of the occupants, visitors, and patrons of the premises at the time of their visit.
(b)
Each EV charging station shall be served by an EV parking space reserved for parking and charging of electric vehicles only. An EV charging station may be located (positioned) to equally serve two abutting EV parking spaces. EV parking spaces sharing a single EV charging station shall include a two foot access strip running between and length of the EV parking spaces.
(c)
All EV parking spaces shall be accessed and sized as required for all other regular and ADA accessible parking spaces.
(d)
Each EV charging station shall be posted with signage indicating the EV parking space is only for electric vehicle charging purposes. Signage shall also include clear legible information stating the hours of operation, safety information, usage fees and payment mechanism, and contact information for operating issues. Clear details of said signage shall be included on the required site plan. Such signage shall be integral to the EV charging station and have an aggregate area not to exceed four square feet. No other signs shall be permitted, including but not limited to electronic video or message displays (except small screen/keypad for payment purposes), audio message or audible electronic devices, off-premises signs, or any other type of advertising, other than as may be required by law.
(e)
EV charging stations shall not be illuminated, either internally, externally from underneath, above or behind, or with strip lighting or strings of light bulbs.
(f)
EV charging stations shall include sufficient lighting for safe nighttime use. However, such shall not include lighted panels or other lighted elements unnecessary to the safe operation of the EV charging station.
(g)
An EV charging station is an accessory structure for purposes of applying lot bulk standards, except the Planning Board may permit such to encroach a maximum of three feet into a side or rear yard setback area.
(h)
An EV charging station shall be designed to minimize potential accidents both by vehicles and pedestrians and be safe to use in inclement weather. Charging equipment shall be designed and sited so not to impede pedestrian travel or create trip hazards.
(i)
EV charging station equipment and supporting structures shall be located a minimum of two feet clear of the face of the curb or end of the parking space without curbs.
(j)
EV charging station outlets and connector devices shall be no lower than 36 inches and no higher than 48 inches, with the overall height of the EV charging station not exceeding 72 inches, as measured from the immediate ground or pavement surface where installed.
(k)
EV charging station outlets and connector devices shall be mounted to comply with all applicable State of New York codes, requirements, regulations, and all relevant Americans with Disabilities Act (ADA) requirements.
(l)
EV charging station cords shall be retractable or have a place to hang the connector and cord sufficiently above the pedestrian surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.
(m)
The owner of an EV charging station may impose reasonable time limits on the number of hours that an electric vehicle is allowed to be parked while charging to prohibit indefinite charging/parking. If applicable, warnings shall be posted to alert charging station users about hours of use and possible actions affecting electric vehicle charging stations that are not being used according to posted rules.
(n)
An EV charging station shall be maintained to ensure continuous, proper functioning.
Multifamily dwellings shall comply with the following supplemental standards:
C.
Multifamily use standards.
(1)
Boulevard East District.
(a)
Multifamily dwellings on parcels located within a Boulevard East District may be a standalone use on a single parcel or within a mixed-use development with permitted commercial uses.
(b)
Multifamily dwellings may be located on upper floors of commercial buildings and/or within standalone buildings.
(2)
Boulevard West District.
(a)
Multifamily dwellings on parcels located within Boulevard West District shall be part of a mixed-use development with permitted commercial uses.
(b)
Multifamily dwellings may be located on upper floors of commercial buildings and/or within standalone buildings located to the rear (as viewed from the street) behind commercial or commercial mixed-use buildings.
(c)
The commercial space shall be constructed prior to or concurrently with any multifamily dwellings whether contained in the same building or within a separate standalone building.
D.
Unit density.
(1)
No less than three and no more than 12 individual dwelling units shall be contained in a single building.
(2)
Individual dwelling units may include a mix of studio, one-bedroom, two-bedroom, or three-bedroom unit types. The number of three-bedroom units in a single building shall not exceed 50% of the total units in said building. Libraries, dens, studies, offices, lofts, and other similar spaces shall be counted as bedrooms for purposes of these standards.
(3)
The minimum floor area of each dwelling unit (market and affordable) shall be in accordance with the New York State Uniform Fire Prevention and Building Code. The maximum living floor area of a studio unit shall be no more than 600 square feet. "Living floor area" shall be that area within the perimeter walls of the residential apartment dwelling unit devoted to the exclusive use of the occupant and shall not include exterior balconies or other spaces outside the dwelling unit.
E.
Unit standards.
(1)
The multifamily dwellings may either consist of either all for rent dwellings maintained, managed, and operated under single ownership; or individual for sale dwellings on the subject property held in common with the other dwelling owners.
(2)
All land and facilities held in common ownership shall be governed by an approved homeowners' association or other acceptable form of organization, such as a condominium, cooperative or maintenance agreement acceptable to the Planning Board, Town Attorney, and the NYS Attorney General.
(3)
Rental units. If units are to be rented as per Subsection E(1) above, a minimum of 50% of the dwelling units shall be rented at or below the prevailing "fair market rate" as defined in this chapter and in accordance with the supplemental affordable housing standards in § 180-72.5. Rental units shall be rented for a minimum lease period of three consecutive months, except affordable housing units as set forth below.
(4)
Affordable housing units to be included. A minimum of one unit per 10 units shall be restricted to an affordable housing unit as defined in this chapter and in accordance with the supplemental affordable housing standards in § 180-72.5. Rental affordable housing units shall be rented for a minimum lease period of 12 consecutive months.
F.
Water supply. The water supply serving the development shall be provided by the public utility franchised to serve the area. Adequate water pressure shall be demonstrated for domestic water and fire suppression demands of the development.
G.
Sewage system. The subject property shall be capable of providing safe, sanitary sewage collection, treatment, and disposal in conformance with all federal, state, county, regional, and local standards and requirements, which system shall be certified by a New York State licensed professional engineer.
H.
Fire protection. Provisions shall be provided for adequate access for fire-fighting equipment and personnel. Adequate hydrants shall be provided for fire protection as prescribed by the Fire Department.
I.
Unit design.
(1)
The Planning Board, in reviewing the application, shall review proposed floor plans, facades, exterior lighting, landscaping, parking and signage, as well as the compatibility of the proposed development with adjacent property uses.
(2)
The architectural design, scale, and mass of buildings, including exterior building materials, colors, roof lines, and building elevations shall be of a character reasonably consistent and compatible with the historic architectural image and appearance as found within the Millerton Village center. Unit facades shall also be designed to avoid a barrack or dormitory appearance.
(3)
Pitched roofs, including gable, mansard, hip, gambrel, dormers, or combination of such shall be required.
(4)
Roof-top mechanical equipment, except solar panels flush with a pitched roof, shall be hidden and screened from the ground view on all sides of the building as viewed from the immediate surrounding neighborhood.
(5)
Buildings shall be sited on the property with adequate landscaping and buffer plantings to ensure privacy for the residents and adjoining uses.
(6)
Due consideration shall be given to the planning of units and facilities to meet the needs of physically challenged and older occupants and shall comply with all applicable New York State and federal ADA standards and requirements.
J.
Accessory uses and structures.
(1)
Ancillary facilities shall be clearly subordinate to the residential use and character of the site.
(2)
Subordinate maintenance, utility, storage, recreational and social uses, buildings, and structures customarily incidental to residential dwellings are permitted, provided such accessory uses, buildings and structures are for the direct private benefit solely for the use of tenants and their guests.
(4)
Off-street parking and loading, exterior lighting and landscaping shall be provided consistent with the standards for such as required by this chapter.
(5)
Vehicle parking may include outdoor parking and/or indoor garage parking. Access to any garage or parking structure shall be from the side or rear of the building and shall not be visible to any abutting street.
(6)
The outside parking or storage of recreational vehicles, boats, campers, ATVs, unregistered vehicles, disabled vehicles, or other similar vehicles shall be prohibited.
(7)
Projects are encouraged to provide community amenities, such as a clubhouse, swimming pool, sport courts, sitting areas, benches, gardens, walking paths and similar passive recreational and social features.
(8)
Refuse and recycling provisions.
(a)
Accessory refuse and recycling receptacles shall be regularly maintained in an orderly manner free of loose or accumulated materials. Receptacles shall be enclosed, screened, and kept closed.
(b)
Refuse and recycling collection points and/or storage areas shall be within enclosed individual garages or similar areas, or centralized enclosure facilities fully fenced and screened with landscaping.
(c)
Refuse and recycling collection points shall be regularly maintained and kept free of all loose and/or accumulated material. Receptacles for deposit shall be kept tightly closed at all times to minimize the effect on public safety and health.
(d)
The maintenance and removal of refuse and recyclables shall be the sole responsibility of the owners, or their designated representative, however, in no case shall removal take place on a frequency of less than once a week.
(9)
Mailboxes shall be centralized and if outside shall be in a location and design as approved by the Planning Board while satisfying federal standards of the United States Post Office.
Rental apartments above commercial establishments shall comply with the following supplemental standards:
A.
The purpose of allowing residential apartments for rent above commercial uses (thereby providing a mixed-use development) is to encourage a diversity of compatible uses including business, commercial and restricted residential apartment uses in combination within the same building. The intent is to permit mixed use development under carefully regulated conditions to facilitate reinvestment in and the renovation of existing commercial buildings, as well as encourage the development of new mixed-use facilities, resulting in positive economic impacts to those properties and the town at large, while imposing minimal burden on town services and municipal infrastructure.
C.
The residential apartment units may include a mix of studio, one-bedroom, two-bedroom, or three-bedroom unit types. The number of three-bedroom units in a single building shall not exceed 50% of the total units in said building. Libraries, dens, studies, offices, lofts, and other similar spaces shall be counted as bedrooms for purposes of these standards.
D.
Each individual residential apartment unit shall be rented for a minimum lease period of three consecutive months, except affordable housing units as set forth below.
E.
Affordable housing units. A minimum of one unit per 10 units shall be restricted as an affordable housing unit as defined in this chapter and in accordance with the supplemental affordable housing standards in § 180-72.5. Each affordable housing unit shall be rented for a minimum lease period of 12 consecutive months.
F.
The minimum floor area of each dwelling unit (market and affordable) shall be in accordance with the New York State Uniform Fire Prevention and Building Code. The maximum living floor area of a studio unit shall be no more than 600 square feet. "Living floor area" shall be that area within the perimeter walls of the residential apartment dwelling unit devoted to the exclusive use of the occupant and shall not include exterior balconies or other spaces outside the dwelling unit.
G.
The Planning Board, in reviewing an application, shall review proposed floor plans, facades and landscaping, as well as the compatibility of the proposed mixed uses. Pitched roofs, including gable, mansard, hip, gambrel, dormers, or combination of such shall be required.
H.
Residential apartments shall be integrated into the overall building design, and facades shall be designed to avoid a barracks or dormitory appearance. Access to the residential apartment units shall be from a central, interior common lobby or hallway.
I.
The architectural design, scale, and mass of buildings, including exterior building materials, colors, roof lines, and building elevations shall be of a character consistent and compatible to the historic architectural image and appearance as found within the Millerton Village center. Unit facades shall also be designed to avoid a barracks or dormitory appearance.
K.
Water supply. The water supply serving the development shall be provided by the public utility franchised to serve the area. Adequate water pressure shall be demonstrated for domestic water and fire suppression demands of the mixed-use facility.
L.
Sewage system. The subject property shall be capable of providing safe, sanitary sewage collection, treatment, and disposal in conformance with all federal, state, county, regional, and local standards and requirements, which system shall be certified by a New York State licensed professional engineer.
M.
Fire protection. Provisions shall be provided for adequate access for fire-fighting equipment and personnel. Adequate hydrants shall be provided for fire protection as prescribed by the Fire Department.
N.
Accessory uses and structures.
(1)
Subordinate maintenance, utility, storage, recreational and social uses, buildings, and structures customarily incidental to residential apartments are permitted, provided such accessory uses, buildings and structures are for the direct private benefit solely for the use of tenants and their guests.
(2)
Accessory uses, buildings and structures shall be coordinated and shared with those of the commercial site uses, including refuse and recycling receptacles, which shall be regularly maintained in an orderly manner free of loose or accumulated materials. Receptacles shall be enclosed, screened, and kept closed.
(3)
Mailboxes shall be centralized and if outside shall be in a location and design as approved by the Planning Board.
(4)
Refuse and recycling facilities shall be coordinated and shared with those of the commercial uses of the site.
(5)
Roof-top mechanical equipment, except solar panels flush with a pitched roof, shall be hidden and screened from the ground view on all sides of the building as viewed from the immediate surrounding neighborhood.
(6)
Vehicle parking may include outdoor parking and/or indoor garage parking. Access to any garage or parking structure shall be from the side or rear of the building and shall not be visible to any abutting street.
(7)
The parking or storage of recreational vehicles, boats, campers, ATVs, unregistered vehicles, disabled vehicles, or other similar vehicles shall be prohibited.
(8)
Site amenities such as sitting areas, benches, gardens, walking paths and similar passive recreational/social features are encouraged.
Affordable housing dwellings as defined, permitted and/or otherwise required by this chapter shall comply with the following supplemental standards:
A.
General standards.
(1)
In calculating the minimum amount or number of affordable housing units required in a specific development, fractions of 0.5 or greater shall be rounded up in favor of the minimum affordable housing unit count.
(2)
Affordable housing units shall be dispersed and commingled among other units.
(3)
Affordable housing units shall be constructed on a pro rata basis with other units as construction proceeds.
(4)
Affordable housing units shall be proportionate in number of bedrooms and size, and of a design compatible in terms of appearance, materials, and finish qualities as with other units.
(5)
Affordable housing units shall be physically integrated into the design of the development. All such units shall be indistinguishable in appearance, location, size, materials, exterior design, and base interior finishes from that of the other housing units in the development. Appliances, lights, and all components of HVAC systems shall be ENERGY STAR® compliant.
(6)
Affordable housing units shall be maintained according to the original building specifications.
B.
Cost of an affordable housing unit. An affordable housing unit is defined as a residential dwelling unit available for rent or purchase for a cost that does exceed 30% of an eligible household's income determined as follows:
(1)
Affordable housing "rental" units shall be restricted to a monthly rent as determined by an associated approved affordability Plan pertaining to the unit as required in this section at an affordable rate to an eligible household with an income not exceeding 60% of the median household income, adjusted for family size, for Dutchess County, NY, as in effect on the first day of a signed lease or renewed lease.
(2)
Affordable housing "ownership" units shall be restricted to a sales price as determined by an associated approved affordability Plan pertaining to the unit as required in this section at an affordable rate to an eligible household with an income not exceeding 80% of the median household income, adjusted for family size, for Dutchess County, NY, as in effect on the day of closing.
C.
The deed of ownership of any affordable housing unit shall contain a covenant and restriction, in perpetuity, that said unit is subject to the affordable housing provisions of the Zoning Ordinance of the Town of North East, as amended from time to time, and that such provisions include restrictions on occupancy, the number of bedrooms, gross floor area, rent and/or sale thereof, among other provisions as may be required by the Planning Board and/or other public funding agency. The covenants and restrictions imposed on an affordable housing unit shall be in form and content to enable the same to be recorded with the County Clerk, Division of Land Records of Dutchess County, and shall be satisfactory to the Planning Board and Town Attorney of the Town of North East. Among other provisions, the covenants and restrictions shall require that the unit be the primary residence of the income-eligible resident household selected to rent/own and occupy the unit.
D.
The sale and/or rental of affordable housing units shall be governed by an Affordability Plan as approved by the North East Town Board. In conjunction with an application to the Planning Board, an applicant shall submit a draft Affordability Plan simultaneously to the Planning Board and Town Board. Town Board approval of an acceptable Affordability Plan developed during the approval process shall be a condition of Planning Board site plan approval.
E.
An Affordability Plan shall include provisions addressing the administration of and compliance with the following standards:
(1)
Identification of an acceptable qualified Affordable Housing Plan Administrator.
(2)
Identification of those units which are to be designated "affordable," and whether said units are to be affordable rental apartments or affordable units for sale for owner occupancy.
(3)
Establishment of the maximum gross monthly rent or purchase price, which shall be established in accordance with United States Department of Housing and Urban Development (HUD) guidelines consistent with the definition and standards set forth in this chapter for affordable housing dwellings.
(4)
Notice and advertisement procedures required to be conducted alerting the general public of the initial and periodic availability of affordable housing units for rent/sale.
(5)
Application procedures and requirements for the rental or sale of an affordable housing unit.
(6)
Procedures for verification and periodic confirmation of the affordable housing unit occupancy eligibility and income, and compliance with the affordability requirements.
(7)
Marketing of the availability of an affordable housing dwelling for purchase or rent, which shall be the responsibility and at the sole cost of the developer, landlord, homeowners' association, or unit owner.
(8)
Inclusion of drafts of documents that will be used in the administration of the affordability restrictions and any explanations which will be provided to prospective affordable housing unit occupants concerning such restrictions.
F.
Affordable housing "rental apartment" units.
(1)
Affordable housing dwelling units for rent may be owned by a public or private entity, individual, organization or corporation, the rent for which will be offered at levels which conform to the criteria established by these standards.
(2)
The lease term of an affordable housing rental unit shall be one-year.
(3)
An affordable housing rental unit shall be occupied as the lease holders' principal residence. All household members 18 and older shall be a party to and sign the lease. Under no circumstances shall the rental premises, in whole or part, be occupied, subleased, or boarded by and to anyone other than the lease holders.
(4)
The maximum monthly housing cost shall include the cost of rent, common charges if the tenant is directly responsible, heat and utility costs, including hot water and electricity, but excluding telephone and cable/internet services.
(5)
Each rental lease for an affordable housing unit shall contain substantially the following provision: "This unit shall only be rented as an "affordable housing unit" and is available only to persons or families whose income is at or below 60% of the area median household income, adjusted for family size, for Dutchess County, NY, as in effect on the first day of a signed lease or renewed lease. Further, this unit has been approved by agencies of the Town of North East, NY based in part on the condition that said unit be preserved in perpetuity as an affordable housing unit. The restrictions related to affordability are required by law to be strictly enforced."
(6)
A minimum of 60 days prior to renewal, a household seeking to renew its lease shall resubmit all financial information required to determine continued income eligibility. Provided a renewing household is still income-eligible and has complied with the terms of the lease, renewal of the lease shall be for a term of one year. Renewal of a rental lease shall be subject to the terms and conditions of the original lease.
(7)
Renewal of a lease shall be subject to the conditions of any federal, state, Dutchess County or Town of North East provisions that may be imposed by the terms of the original development funding agreements for the development or to the provisions of other applicable local law. If no such provisions are applicable, a lease shall not be renewed in instances where a household's income exceeds the current eligibility standards. Such households shall complete their current lease term and shall be offered a month-to-month lease, not to exceed two increments of four months to provide time to relocate.
(8)
The owner of the affordable housing rental unit shall provide the Town Board with an annual certification identifying the occupancy of the units by qualified persons and families. Failure to provide timely certification shall be deemed a violation of the applicable Affordability Plan and approval granted by the Planning Board.
G.
Affordable housing "owner occupied" units.
(1)
Ownership of an affordable housing "owner occupied" dwelling shall be on a fee-simple, condominium or cooperative basis, and title to the same shall vest in the eligible purchaser either individually, as joint tenant with other eligible purchasers, or as tenants by the entirety.
(2)
An affordable housing owner occupied unit shall be occupied as the unit owner's principal residence and its rental or boarding to other persons or entities, in part or whole, shall be prohibited.
(3)
The maximum sale or resale price of an affordable housing owner occupant unit shall include the expected principal and interest on a mortgage loan, property taxes, homeowners' insurance, any common charges if the unit owner is directly responsible, any homeowners' association fees and/or maintenance fees, heat and other essential utility costs including hot water and electricity but excluding telephone and cable/internet services. The maximum resale gross price for an existing affordable housing dwelling shall not take into consideration any additional factors affecting such pricing, such as improvements made to the unit.
(4)
Each deed of an owner-occupied affordable unit shall contain the following provision: "This unit shall only be sold as an "affordable housing unit" and is available only to persons or families whose income is at or below 80% of the area median household income, adjusted for family size, for Dutchess County, NY, as in effect on the day of closing. Further, this unit has been approved by agencies of the Town of North East, NY based in part on the condition that said unit be preserved in perpetuity as an affordable housing unit. The restrictions related to affordability are required by law to be strictly enforced."
H.
"Fair market rate" rental units. For projects requiring a minimum percentage of fair market rate rental units, the Affordability Plan required by this section shall also incorporate the administration of such units to ensure compliance with the following rent and lease term standards:
Light Industry uses shall comply with the following supplemental standards:
A.
The nature of a permitted use shall be such that normally:
(1)
It will not be in contravention of the supplemental standards set forth in § 180-23 of this chapter.
(2)
It will not cause or result in the dissemination of dust, smoke, gas or fumes, odor, noise, vibration, or excessive light beyond the boundaries of the lot on which the use is conducted.
(3)
It will not cause or result in harmful discharge of waste materials into the ground, water, or atmosphere or which constitutes a menace to persons, surrounding properties or plant growth by reason of fire, explosion or other physical hazards.
(4)
It will not cause or result in unusual traffic hazards or congestion due to the type or number of vehicles required.
(5)
It will not be dangerous to the comfort, peace, enjoyment, health or safety of the community or abutting areas or tend to its disturbance or annoyance.
(6)
It will be in harmony with the general purposes of this chapter and in harmony with the appropriate and orderly development of the district in which it is situated and adjacent districts.
B.
Access and service driveways shall be laid out in such a manner that connections with abutting streets on which the lot has frontage are located and designed to avoid unsafe conditions.
C.
Abutting streets shall be of adequate capacity to handle safely and without undue congestion the traffic associated with the use to which access is given.
D.
No vehicle, trailer, pod, or other similar box container shall be used for ongoing storage.
E.
Delivery and operational hours may be set by the Planning Board.
F.
The Planning Board may require appropriate landscape buffers between any component of the proposed use and adjoining properties, given the proposed use, the use of adjoining parcels, and the natural topography and vegetative cover.
G.
An operations and maintenance plan shall be provided, which plan shall cover all aspects of the interior and exterior site use, operations, safety measures, handling, storage, and disposal of chemicals, as well as ongoing site maintenance controls. Said plan shall include a maintenance schedule, including a reporting component as deemed acceptable by the Planning Board.
H.
An application shall include full disclosure, and a complete listing of all chemicals used or stored on the premises and any hazards associated with their exposure to heat, fire, or water:
(1)
A copy of the chemical and hazards disclosure list shall be required to be kept on file in the office of the Planning Board and Fire Inspector, and a copy shall be supplied to the local Fire Department and Ambulance Corps.
(2)
Changes or additions to the chemicals used or the potential hazards such chemicals may pose shall be provided to the Planning Board and Fire Inspector a minimum of 60 days prior to their use or storage on the premises, to provide the Planning Board adequate time to review the compatibility of same with the standing conditional use permit approval and determine if an amendment to the standing approval is required. At minimum, the disclosure listing shall be required to be confirmed or updated annually.
(3)
The means and design of associated storage of all chemicals shall be detailed as part of the required conditional use site plan, including all related safety measures and precautions to be utilized.
Self-storage warehousing shall comply with the following supplemental standards:
A.
A minimum separation of 1,500 feet on a direct line (measured from lot line to lot line) shall be provided between another such use on a different lot.
B.
The use of the premises shall be restricted solely to the use of storage of goods or possessions but specifically excluding any hazardous or flammable materials. No unit shall be used as a temporary or permanent residence.
C.
The use of the premises for storage shall be restricted to interior use of the structures only — no outdoor storage.
D.
Facility layout, design, and exterior building materials and treatment for all structures, including, but not limited to, fences, walls, gates, buildings, and landscaping shall be of high quality and be aesthetically pleasing when viewed from adjacent streets and properties. Interior accessed storage units are preferred over external accessed storage units.
E.
The perimeter of the property shall be screened with fencing, landscape berms, dense landscape buffers or a combination thereof to minimize visual impacts as viewed from adjacent streets and properties. Multiple access doors to storage units shall not face adjacent streets.
F.
Fences and walls visible from adjacent streets and properties shall be constructed of attractive building materials. Finishes shall be neutral colors to minimize negative visual impacts on the surrounding area and environment.
G.
Suitable pest controls shall be provided, monitored, and maintained.
H.
Suitable security measures to protect the integrity of the site and to reasonably assure that the use of the premises is being conducted within the limits of all applicable local, state and federal laws shall be provided and maintained.
Commercial storage buildings warehousing uses shall comply with the following supplemental standards:
A.
Warehousing shall be for the temporary storage of raw materials, parts or finished manufactured goods and products, merchandise or retail goods, commodities and similar warehousing. A warehouse shall not be used for the storage of waste materials.
B.
All storage and access to storage areas shall be restricted to interior spaces within a building only. There shall be no outdoor storage permitted.
C.
Facility layout, design, and exterior building materials and treatment for all structures, including, but not limited to, fences, walls, gates, buildings, and landscaping shall be of high quality and be aesthetically pleasing when viewed from adjacent streets and properties.
D.
The perimeter of the property shall be screened with fencing, landscape berms, dense landscape buffers or a combination thereof to minimize visual impacts as viewed from adjacent streets and properties.
E.
Fences and walls visible from adjacent streets and properties shall be constructed of attractive building materials. Finishes shall be neutral colors to minimize negative visual impacts on the surrounding area and environment.
F.
Suitable pest controls shall be provided, monitored, and maintained.
G.
Suitable security measures to protect the integrity of the site and to reasonably assure that the use of the premises is being conducted within the limits of all applicable local, state and federal laws shall be provided and maintained.
Wholesale distribution business uses shall comply with the following supplemental standards:
A.
Facility layout, design, and exterior building materials and treatment for all structures, including, but not limited to, fences, walls, gates, buildings, and landscaping shall be of high quality and be aesthetically pleasing when viewed from adjacent streets and properties.
B.
Fences and walls visible from adjacent streets and properties shall be constructed of attractive building materials. Finishes shall be neutral colors to minimize negative visual impacts on the surrounding area and environment.
C.
May include a small ancillary retail store for the sale of products produced on the premises not to exceed a gross floor area of 1,000 square feet.
D.
Accessory storage shall comply with the standards for Commercial Storage Buildings Warehousing per § 180-72.8 of this chapter.
E.
Suitable pest controls shall be provided, monitored, and maintained.
F.
Suitable security measures to protect the integrity of the site and to reasonably assure that the use of the premises is being conducted within the limits of all applicable local, state and federal laws shall be provided and maintained.