In any district, the following performance standards for all land uses shall apply, subject to the limitations on the regulation of agricultural uses contained in § 245-28C(4):
A. 
No offensive or objectionable vibration, glare, or odor shall be noticeable at or beyond the property line, and no building materials, junk, leaves or other waste materials shall be deposited within 10 feet of a property line.
B. 
No activity shall create a safety or health hazard by reason of fire, explosion, radiation, or other such cause to persons or property.
C. 
There shall be no discharge of liquid or solid waste, or of any other materials, in a manner that may contaminate surface water or groundwater.
D. 
There shall be no storage of any material either indoors or outdoors that endangers public health and safety or the natural environment.
E. 
Emission into the ambient air of smoke, dust, gases, or other material which can cause damage to the health of persons, animals, plants, or damage to property is prohibited.
A. 
No person shall construct any new structure in the Town without first meeting applicable requirements of the Town, the Columbia County and New York State Departments of Health, the New York State Department of Environmental Conservation, and other governmental authorities for water supply and sewage disposal systems. Issuance of a certificate of occupancy shall be subject to sanitary system inspection and certification by the Columbia County Department of Health and compliance with all conditions imposed by any other governmental authority.
B. 
In areas where problems with water quantity or quality are known to exist, or which lie in the Aquifer Overlay District (AQ), the Planning Board or Zoning Board of Appeals may require an applicant to provide evidence of water availability and may require test wells and professional hydrological studies sufficient to establish that a proposed development will have adequate supplies of potable water and will not adversely affect water supply or quality in the surrounding area.
A. 
Excavation and grading necessary for the construction of a structure for which a building permit has been issued shall be permitted, provided that it does not adversely affect natural drainage or structural safety of buildings or lands, cause erosion or sedimentation, create noxious conditions, or create a hazard to public health or safety.
B. 
In the event that construction of a structure is stopped prior to completion and the building permit expires, the premises shall be promptly cleared of any rubbish or building materials, and any open excavation with a depth greater than two feet below existing grade shall either be promptly filled in and the topsoil replaced, or shall be entirely surrounded by a fence at least six feet high that will effectively block access to the area of the excavation.
C. 
The Planning Board may, in connection with a major project site plan or major subdivision approval, require an applicant to post a bond or other form of security to guarantee reclamation of areas to be excavated or graded. Such bond or other security shall be for an amount reasonably related to the potential cost of such reclamation, and shall be in a form deemed acceptable by the Town Attorney.
D. 
For regulation of soil mining, see § 245-54 of this chapter.
The Town finds that protection of its wetlands and watercourses helps to maintain water quality and the health of natural ecosystems, reduces flooding, erosion, and sedimentation, and protects important wildlife habitat areas. The Town also recognizes that both the state and federal governments regulate wetlands, and desires to avoid duplicating regulatory programs while cooperating with state and federal agencies. To ensure that development minimizes damage to wetlands and watercourses, the Town establishes the following requirements:
A. 
All applicants for any Town permit or approval that might result in disturbance to a wetland or watercourse shall, as early as possible in the application process, apply to the New York State Department of Environmental Conservation (DEC) and/or the U.S. Army Corps of Engineers (ACOE), if appropriate, for any applicable permits.
B. 
Any site plan, plot plan, subdivision plan, or other submission to a Town regulatory board or official shall show the location and stream classification of all watercourses (including any applicable Stream Corridor Overlay Districts) and the location of any DEC-regulated wetlands and wetland buffers on the parcel, as determined by a DEC field delineation, if available, or from current DEC wetland maps. If the proposal involves disturbance to one acre or more of wetlands regulated by ACOE, a delineation of all ACOE-regulated wetlands on the areas of the parcel to be altered by development must also be included on such submission, along with copies of any application to or correspondence with ACOE concerning required permits for the project.
C. 
The reviewing board or official shall ensure that applicants comply with the requirements of DEC and ACOE, and shall also minimize damage to wetlands and watercourses by imposing appropriate conditions on any approval, including the modification in size and scope of a proposed project, as well as changes in the location of structures or other improvements on the parcel.
[Amended 6-1-2007 by L.L. No. 6-2007]
The Town finds that the alteration of steep slope areas poses potential risks of erosion, sedimentation, landslides, and the degradation of scenic views. Accordingly, the following requirements are hereby imposed in areas with slopes exceeding 15%:
A. 
No approval of a subdivision, special permit, site plan, building permit, or variance that involves the disturbance of slopes greater than 15% shall be granted unless conditions are attached to ensure that:
(1) 
Adequate erosion control and drainage measures will be in place so that erosion and sedimentation does not occur during or after construction. Erosion control and stormwater management measures shall comply with all applicable standards and guidelines of federal and state agencies.
(2) 
Cutting of trees, shrubs, and other natural, nonnuisance vegetation will be minimized, except in conjunction with logging operations performed pursuant to applicable guidelines of the New York State Department of Environmental Conservation. Clearing for any building site, including accessory structures and parking areas, but excluding the area required for driveway and utility access, shall not exceed 20,000 square feet of area with a 15% or greater slope.
(3) 
Safety hazards will not be created due to excessive road or driveway grades or due to potential subsidence, road washouts, landslides, flooding, or avalanches.
(4) 
Proper engineering review of plans and construction activities will be conducted by the Town to ensure compliance with this section, paid for by escrow deposits paid by the applicant.
(5) 
If the land lies within the Ridgeline Overlay District, the proposal will comply with all requirements of § 245-31.
(6) 
No certificate of occupancy will be granted until all erosion control and drainage measures required pursuant to this section have been satisfactorily completed.
B. 
No disturbance, including cutting of vegetation or construction of driveways, shall be permitted on any slope of 25% or greater, except as may be needed for foot trails and utility lines, and except in conjunction with logging operations performed pursuant to applicable guidelines of the New York State Department of Environmental Conservation.
C. 
Slope determinations shall be made based upon the topographic information required for a particular approval, along with such other topographic information as a reviewing board or official shall reasonably require or the applicant shall offer. In cases of uncertainty or dispute, an engineer retained by the Town, at the applicant's expense, shall determine the location of regulated slopes. For purposes of determining the location of steep slope areas, only contiguous slopes containing at least 5,000 square feet of steep slopes, as defined above, shall be considered. Within the HM District, contiguous slopes containing at least 1,500 square feet shall be considered.
A. 
Agricultural buffers.
(1) 
Wherever agricultural uses and other uses unrelated to the agricultural operations abut, buffers shall be provided to reduce the exposure of these abutting uses to odors, noise, and other potential nuisances related to the agricultural operation. Provision of buffers shall be the responsibility of the proponent of the nonagricultural use, unless such use predates the agricultural use. Such buffers may consist of vegetative screening, woodlands, vegetated berms, or natural topographic features.
(2) 
Within existing and new agricultural uses, unenclosed storage of manure shall not be permitted within 200 feet of a property line. New structures housing fowl or other animals shall not be located in the required front yard nor within 200 feet of a side or rear property line. These setbacks may be reduced by special permit for small-scale operations found by the Zoning Board of Appeals not to pose a threat of nuisance to neighboring properties.
B. 
Required disclosure. In the case of any proposed residential development that abuts agricultural uses, the Planning Board shall require the applicant to issue a disclosure to potential purchasers of lots or dwelling units as follows: "This property adjoins land used for agricultural purposes. Farmers have the right to apply approved chemical and organic fertilizers, pesticides, and herbicides, and to engage in farm practices which may generate dust, odor, smoke, noise and vibration." This disclosure shall be required as a note on a subdivision plat or site plan, and may also be required to be made through other means reasonably calculated to inform a prospective purchaser, such as by posting, distribution of handbills, or letter of notification. This section may also be applied to any commercial development within the jurisdiction of the Zoning Board of Appeals which abuts agricultural land, at the discretion of the Zoning Board of Appeals.
C. 
Agricultural data statement. Any application for a special permit, site plan approval, use variance, or subdivision approval requiring municipal review and approval by the Planning Board or Zoning Board of Appeals that would occur on property within an agricultural district containing a farm operation, or on property with boundaries within 500 feet of a farm operation located in an agricultural district, shall include an agricultural data statement as defined in Article XIV. The Planning Board or Zoning Board of Appeals shall evaluate and consider the agricultural data statement in its review of the possible impacts of the proposed project upon the functioning of farm operations within the agricultural district.
A. 
Bed-and-breakfasts shall be owner-occupied (and their certificate of occupancy shall so stipulate), and shall not contain more than six lodging units in addition to a dwelling unit.[1]
[1]
Editor's Note: Original Subsection 8.8-2, which immediately followed this subsection, was repealed 6-19-2012 by L.L. No. 2-2012.
B. 
Off-street parking accessory to the uses regulated by this section shall not be located in a front yard and shall be screened from roads and adjacent properties.
The Town finds that mobile homes offer an opportunity to provide affordable housing. The Town further finds that such homes, if properly designed, constructed, installed, and maintained, do not detract from the Town's historic and scenic character. The Town desires to balance the need for affordable housing with the need to maintain the Town's attractive appearance by allowing mobile homes only when certain conditions are satisfied. Mobile homes shall be permitted according to the provisions of the Use Table (§ 245-15), provided that they comply with the following:
A. 
Individual mobile homes. Each mobile home shall be considered to be one dwelling unit for purposes of the density regulations in Article IV. However, a maximum of three mobile homes which are located on farms that are in the AG Overlay District shall be permitted as accessory farm uses. Such mobile homes shall be used solely to house family members or farm employees and shall not be counted as dwelling units in determining allowable density.
B. 
Mobile home parks prohibited. The placement of two or more mobile homes on a parcel, other than for farm purposes, shall be prohibited. This prohibition on mobile home parks may not be evaded by subdividing a parcel into separate lots for the purpose of, or with the result of, establishing a development consisting primarily of mobile homes.
C. 
Mobile homes shall comply with the following design criteria:
(1) 
All mobile homes, and any deck or other addition, shall be mounted on a permanent concrete slab base or footing at least four inches thick, with skirting provided.
(2) 
Mobile homes shall be finished with a natural wood exterior or other natural or artificial materials that, because of their color and texture, have the appearance of clapboards, wood shingles or other traditional house siding and blend in with the landscape to enhance or maintain the attractive visual character of the Town.
(3) 
Mobile homes shall have shingled, peaked roofs with a minimum pitch of 4:12.
(4) 
Mobile homes shall comply with currently applicable federal and state building standards.
(5) 
Mobile homes shall have a minimum size of 720 square feet and a minimum width of 14 feet.
(6) 
No evidence of a mobile home's trailer hitch or wheels shall be visible once it has been installed.
D. 
Temporary mobile homes may be placed on any lot for a period not to exceed one year only in the event of major damage to or destruction of a residence located on such lot. To the extent practicable, such temporary mobile homes shall comply with the provisions of this section, except that such homes may be installed without permanent footings.
E. 
Construction trailers may be placed temporarily on construction sites for a period not to exceed the construction period, if allowed pursuant to a special permit, site plan, variance, or subdivision approval, with appropriate conditions attached to satisfy the requirements of § 245-48A and C. Such trailers may be used for office, storage, or workshop space, and shall not be used for residential purposes. Where such trailers are not visible in winter from public roads or adjoining properties, one or more of the requirements of § 245-48C may be waived by the reviewing Board.
A. 
Such camps shall have a minimum size of 20 acres, and shall contain at least 10,000 square feet of land area for each travel trailer, tent, or cottage.
B. 
No travel trailer, tent, cottage, or recreational area shall be located within 200 feet of the property line of any other abutting landowner.
C. 
A camp store selling articles and food for use primarily by guests shall be permitted.
D. 
Such camps shall have a landscaped area at least 50 feet wide along exterior lot lines and road frontages suitably planted and maintained to provide visual screening from adjacent properties and the public road.
E. 
Such camps shall be closed for a minimum of 90 consecutive days annually.
Junkyards shall be set back at least 300 feet from any property line. No junkyard, outdoor storage area for construction or other heavy equipment or vehicles, or display, storage, or collection of junk or junk cars, and no more than one unregistered vehicle, shall be permitted in a location visible from adjoining properties or public roads.
A. 
Minimum parking required for residential and related uses.
(1) 
For single-family or two-family dwelling: two spaces per dwelling unit.
(2) 
For multifamily dwelling: two spaces per dwelling unit.
(3) 
Home occupation in a dwelling: one space for each 200 square feet devoted to such home occupation, plus the required spaces per dwelling unit.
(4) 
Lodging facility: one space for each bedroom.
(5) 
These requirements may be reduced in the case of multifamily dwellings containing units with less than 1,000 square feet of floor space, or containing housing predominantly for senior citizens, if the reviewing board determines that such reductions are warranted.
(6) 
In the HM District, the reviewing board may require that parking spaces for multifamily dwellings be located behind the principal building.
B. 
Parking requirements for nonresidential uses.
(1) 
Purpose. The Town finds that large and highly visible parking areas represent one of the most objectionable aspects of commercial development. Such parking lots may damage the historic layout and architectural fabric of hamlet areas, harm the natural environment and visual character of the community, interfere with pedestrian accessibility, and reduce the quality of life in developed areas. However, the Town also recognizes that inadequate parking can diminish quality of life by creating traffic congestion, safety hazards, and inconvenience. The Town therefore seeks to balance the need for adequate parking with the need to minimize harm resulting from the provision of parking, and to avoid the negative impacts of excessive parking requirements.
(2) 
Procedure. Off-street parking requirements for nonresidential uses shall be established by the Planning Board, Zoning Board of Appeals, and/or Zoning Officer on a case-by-case basis in the course of reviewing applications for site plans, special permits, variances, and building permits. Where more than one board or official reviews an application, the decision on the number and layout of parking spaces shall be determined by only one board or official. If the Planning Board reviews an application, it shall make the determination. If the Zoning Board of Appeals reviews an application and the Planning Board does not, the Zoning Board of Appeals shall make the determination. If neither Board reviews the application, the Zoning Officer shall make the determination.
(3) 
Criteria. The number and layout of parking spaces shall be based on the need to protect public safety and convenience while minimizing harm to the character of the community and to environmental, historic, and scenic resources. Since businesses vary widely in their need for off-street parking, it is most appropriate to establish parking requirements based on the specific operational characteristics of the proposed uses. In determining the parking requirements for any proposed use, the reviewing Board or official shall consider:
(a) 
The maximum number of persons who would be driving to the use as employees, customers, clients, members, students, or other users, at times of peak usage. Parking spaces shall be sufficient to satisfy 85% of the anticipated peak demand.
(b) 
The size of the structure(s) and the site.
(c) 
The environmental, scenic, or historic sensitivity of the site. In cases where sufficient area for parking cannot be created on the site without disturbance to these resource values, the reviewing board or official may require a reduction in the size of the structure so that the available parking will be sufficient.
(d) 
The availability of safely usable on-street parking.
(e) 
The availability of off-site off-street parking within 400 feet that is open to the public, owned or controlled by the applicant, or available on a shared-use basis, provided that the applicant dedicates needed off-site land for public parking or demonstrates a deeded right to shared use.
(f) 
Standards used in generally accepted traffic engineering and planning manuals; however, such standards shall be used as a guide only and should be viewed as likely to require excessive numbers of parking spaces.
(g) 
The siting guidelines contained in the Appendixes[1] and the purposes of this chapter as set forth in § 245-3.
[1]
Editor's Note: The Appendixes are on file in the office of the Town Clerk.
(4) 
Set-aside for future parking. The reviewing board may require that an applicant set aside additional land to meet potential future parking needs. Such land may remain in its natural state or be attractively landscaped, but may not be used in a manner that would prevent it from being used for parking in the future.
(5) 
Parking lot as accessory use to residential dwelling. Parking spaces may be made available for nonresidential uses on residential lots in the HM District, by special permit. Such spaces shall be screened from adjoining properties and roads and shall not exceed eight spaces per lot.
C. 
Design, layout, and construction of parking areas.
(1) 
All off-street parking shall be located behind or to the side of the principal building. Parking spaces located in a side yard shall be screened from public view.
(2) 
Construction of parking areas. Required parking areas for more than five cars accessory to commercial, industrial, or multifamily uses shall be surfaced with a suitable dustless, durable, all-weather or permeable surface appropriate for the use of the land, with adequate drainage. Oil traps may be required for larger paved parking lots. Surfacing, grading, and drainage shall facilitate groundwater recharge, to the extent practical, by minimizing impermeable pavement and runoff. Parking areas to be used at night shall be lighted in a manner that does not result in glare to adjoining residential properties or cause a traffic hazard due to glare or color.
(3) 
Landscaping. At least 8% of the area of a lot used for off-street parking shall be landscaped with lawn, trees, shrubs, or other plant material. Any parking lot for more than 10 cars shall be screened to the extent practical from the road and adjoining properties. Such screening shall not interfere with safety standards for sight distance at road access points.
(4) 
All parking areas and landscaping shall be properly maintained.
D. 
Loading requirements. As with parking, loading requirements vary with the specific uses proposed. In general, loading requirements are designed to ensure that trucks load and unload cargo in a manner that does not interfere with pedestrian and automobile movements on public roads. Requirements for the number and location of loading facilities shall be established by the reviewing board or official in the same manner as parking requirements [see § 245-51B(2)], based upon the following considerations:
(1) 
The expected maximum number of trucks using the loading facilities at times of peak usage.
(2) 
The type of business, size of the structure, and size of trucks to be servicing the structure.
(3) 
The need to ensure pedestrian and automobile safety by separating truck traffic and loading operations from pedestrian and automobile circulation.
(4) 
The need to screen trucks and loading facilities from publicly accessible areas as well as from abutting properties, including the need for vegetative screening, buffers, and/or fencing.
(5) 
The desirability of requiring service roads or alleys to achieve the purposes of this § 245-51D.
(6) 
Applicable planning and engineering standards, adapted to meet the needs of the particular business use proposed.
(7) 
Other operational characteristics of the business or physical characteristics of the site deemed appropriate by the reviewing board or official.
(8) 
The siting guidelines contained in Appendix II[2] and the purposes of this chapter as set forth in § 245-3.
[2]
Editor's Note: Appendix II is on file in the office of the Town Clerk.
E. 
Driveway requirements.
[Amended 6-1-2007 by L.L. No. 6-2007]
(1) 
For reasons of traffic and pedestrian safety, as well as to provide for possible future road widening or other improvements, all new driveways entering onto any street shall comply with the requirements of this section and shall be subject to the approval of the Town Highway Superintendent. Where such driveways are part of a subdivision application or site plan approval, they shall also be subject to Planning Board approval.
(2) 
In the RU District, no driveway center line shall intersect a street line less than 70 feet from the intersection of any two street center lines.
(3) 
Driveway grades.
(a) 
The maximum grade for any new driveway accessory to a single-family dwelling and connecting its off-street parking area to a road shall not exceed 10% between the street and the front setback line, except where it can be demonstrated to the satisfaction of the reviewing Board or official that, because of practical difficulty or unreasonable hardship affecting a particular property, the construction of such a driveway is infeasible. In such a circumstance, a steeper grade may be approved, provided that the increase in driveway grade is the minimum increase necessary to provide access.
(b) 
The maximum grade for new driveways accessory to uses other than single-family dwellings and connecting the required off-street parking area to the road shall not exceed 7%, except that the reviewing board or official may permit increased grades as in Subsection E(3)(a) above, provided that such grades shall not exceed 10%.
(c) 
Notwithstanding the maximum permitted grades specified above, no driveway shall have a platform grade in excess of 3% within 30 feet of the edge of the pavement or traveled way, or within 25 feet of the property line of the road, whichever is greater. The Planning Board may require a greater distance in situations where, because of the nature of the proposed use, substantial traffic volumes and/or truck usage are anticipated.
(d) 
Clear sight lines shall be provided and maintained in both directions at all exit points so that the driver of an automobile stopped on the platform portion of any new driveway will have an unobstructed view of the highway for a reasonable distance, commensurate with the speed and volume of traffic on the highway, but not less than 300 feet, and so that there is a similar view of the automobile in the driveway.
(4) 
Shared driveways may be permitted to serve up to four residences. If the road frontage is not physically suited to driveway use, driveway maintenance agreements satisfactory to the Town and its reviewing attorney must be recorded in the Columbia County Clerk's office as a condition of any driveway, site plan, special permit, or subdivision plan approval.
(5) 
Driveways shall minimize erosion and comply with applicable state and federal erosion control requirements and guidelines for best management practices.
(6) 
Construction of driveways on slopes 10% or greater shall require an adequate stormwater drainage system to minimize erosion and sedimentation to the maximum extent possible both during and after construction. In order to receive a permit for such driveways, the applicant shall submit engineering data prepared by a professional engineer, licensed by the State of New York, that meets the following standards:
(a) 
Sediment in the runoff water both during and after construction shall be trapped by the use of sediment basins or other acceptable methods until the disturbed area is stabilized.
(b) 
The storm drainage system and culvert capacity shall be based on a design flow with a minimum return interval of a ten-year/twenty-four-hour storm.
(c) 
No new drainageways will be created and no additional runoff will be directed to adjacent properties unless necessary easements are obtained.
(7) 
Driveway access on to Town, county, or state roads shall not create a traffic hazard.
(8) 
Additional Town driveway requirements.
[Amended 6-19-2012 by L.L. No. 2-2012]
(a) 
Driveways constructed in the Town of Hillsdale shall be of all-weather construction and maintained to provide suitable access to buildings for emergency services vehicles, including fire trucks.
(b) 
Driveways shall be constructed to the following design standards:
Driveway Item
Requirements
Minimum width
Single family: 12 feet
Shared or commercial: 16 feet
Maximum grade from edge of intersecting roadway
3% within first 30 feet from edge of traveled way, or 25 feet from the road right-of-way or property line, whichever is greater
Angle of intersection of driveway with street
90° preferred, but not less than 70°
Maximum grade
10% single and common drives to single family residences; short sections of up to 12% for lengths less than 200 feet when approved by Town; 7% other-than-single-family residence
Minimum grade
1%
Minimum center line radius
50 feet
For driveways greater than 500 feet, curves shall be designed to accommodate the anticipated design speed.
Design storm for drainage structures
25 year
Minimum culvert diameter
12-inch diameter
Minimum cover over culverts
12 inches of soil cover over top of pipe
Load capacity of driveway, culverts and structures
AASHTO HS-25 (40,000 lbs./axle)
Driveway construction
12 inches of clean gravel or crushed stone with 1/2 inch per foot crown; provide geotextile fabric under gravel in areas of poor soils; pavement may be required for driveways serving multiple residences or larger commercial structures
Frequency of turnarounds
Provide a minimum of 1 turnaround for all drives greater than 500 feet in length
Turnaround Layout
Circular, tee or hammerhead turnaround with a minimum turning radius of 45 feet; turnaround shall accommodate a 40-foot-long fire truck
Access to Buildings
Driveways shall provide a place for fire apparatus to park within a maximum distance of 100 feet to any buildings; 50 feet is preferred. Buildings located further than 1,000 feet from roadways shall have additional room to stage multiple emergency vehicles.
(c) 
These requirements may be varied on a case-by-case basis if it can be demonstrated that emergency services to the site will not be adversely compromised.
(d) 
Driveways and access roads shall also be subject to the provisions of the New York State Fire Code applicable to the same.
F. 
Sidewalk requirements.
[Added 3-16-2010 by L.L. No. 1-2010]
(1) 
Finding. The Town finds that the installation and maintenance of sidewalks within the hamlet area of the Town is important to the safety of pedestrian traffic along the major streets and roadways within the hamlet area of the Town of Hillsdale.
(2) 
The installation of sidewalks is hereby required in connection with any future capital road improvements and/or curb cuts for properties adjacent to the following roads and/or streets in the Hamlet area of the Town of Hillsdale:
Name of Road/Street
Side
Location
Route 23
North
From Brady Lane to a point opposite the easterly entrance to Four Brothers Restaurant
Route 23
South
From the westerly boundary of Hillsdale Country Realty to the easterly entrance to Four Brothers Restaurant
Route 22
Northwest
From the intersection of Route 23 to the Hillsdale Firehouse property
Route 22
West
From the intersection of Route 23 to the US Post Office facility
Route 22
East
From the intersection of Route 23 to the southerly entrance to the Stewart's Shops store
Coldwater Street
North
From Anthony Street to Maple Street and extending through the Post Office facility property to Route 22
Anthony Street
West
From Route 23 to Ford Lane
Anthony Street
East
From Route 23 to a point opposite the intersection with White Hill Street
White Hill Street
East and north
From Route 23 to the intersection with Anthony Street
(3) 
The Town Board is authorized and empowered to construct and repair sidewalks, curbs and gutters along such streets, wholly at the expense of the Town or of the owner or occupants of the adjoining land, or partly at the expense of each, and may describe the manner of doing such work and the kind of materials to be used therein. If a sidewalk, curb or gutter is required to be constructed or repaired wholly at the expense of the owners or occupants of the adjoining lands, a notice specifying the place and manner and time not less than 30 days in the case of a new sidewalk, nor less than 48 hours in the case of repairs, within which the sidewalk, curb, or gutter is required to be constructed or repaired shall be served upon such owners or occupants. If an owner or occupant shall fail to construct or repair the sidewalk, curb or gutter as required by the notice, the Town Board may cause the same to be so constructed or repaired and assess the expense thereof upon the adjoining land. If a sidewalk, curb or gutter is to be constructed or repaired at the joint expense of the Town and the owners or occupants, the Town Board may cause the same to be constructed or repaired and assess upon the adjoining land the portion of the expense chargeable against the same. All grading and work done on sidewalks, curbs or gutters laid out and repaired by the owners of adjoining lands shall be in accordance with the specifications and under the direction and supervision of the Town Board. The assessment for such repairs and improvements shall be made by the Town Board. If the bill for such repairs and improvements is not paid within 30 days of its mailing, the same shall become a lien upon the real property adjoining the sidewalk and shall be relevied against the property on the next Town real property tax bill.
(4) 
The notice provided for in the foregoing Subsection F(3) shall be sufficient if given to the person, or one of them whose name appears as owner of the adjacent property on the latest completed assessment roll of the Town. Such notice may be given either personally or by certified or registered mail, return receipt requested. If notice by mail is undeliverable, then said notice shall be sufficient if published once in the official newspaper of the Town, and notice shall be deemed complete two days following such publication.
A. 
Purpose. The purpose of this section is to control the location, size, number, and lighting of signs in order to maintain the attractive appearance of the Town and avoid conditions of clutter and unsightliness. The specific purposes of this section are to:
(1) 
Preserve public health and safety by controlling the size, location, and character of signs so they will not confuse, distract, mislead, or obstruct vision necessary for traffic safety; and
(2) 
Preserve the general welfare by controlling the aesthetics and attractiveness of signs in order to:
(a) 
Protect the existing character of the Town;
(b) 
Mitigate any negative impacts on adjoining properties; and
(c) 
Create a more attractive visual environment in order to maintain community character, protect property values, and encourage economic growth.
B. 
Criteria and standards. Signs may only be erected and maintained in compliance with the following criteria and standards and with the guidelines in the Appendixes.[1]
(1) 
Nonilluminated signs as specified below are permitted on premises in all districts:
(a) 
Nameplates and identification signs not to exceed two square feet in size;
(b) 
Sale or rental signs not to exceed six square feet in size;
(c) 
Commercial and institutional signs not to exceed 20 square feet in size; and
(d) 
Temporary development signs during construction, repair, or alteration not to exceed one per premises, with each sign not to exceed six square feet in size.
(2) 
Illuminated signs shall be permitted on nonresidential premises, provided that:
(a) 
No sign shall be illuminated by or contain internal fluorescent lighting or flashing, intermittent, rotating, or moving light or lights.
(b) 
An illuminated sign or lighting device shall not be placed or directed so that its light is directed or beamed upon a public street, highway, sidewalk, or adjacent premises in a manner that causes glare or reflection sufficient to constitute a nuisance or a traffic hazard.
(c) 
No more than two signs shall be permitted for each business on any premises.
(d) 
Flush-mounted signs shall not cover more than 10% of the front surface of a building.
(e) 
Detached signs shall not exceed 20 square feet in size.
(3) 
Neon-type lighted signs and portable signs mounted on wheels are prohibited.
(4) 
No signs shall interrupt a roofline or be placed on the roof of a structure. Signs placed in windows shall not occupy more than 30% of the window area.
(5) 
No banners, posters, pennants, ribbons, streamers, spinners, or other similar moving, fluttering, or revolving devices shall be used for advertising purposes, whether or not on a sign. Representational signs depicting products or services in three dimensions may only be flush-mounted on a building or displayed inside a window.
(6) 
No signs shall use fluorescent material or paints. Garish colors and combinations of colors shall not be used.
(7) 
Any sign existing on or after the effective date of this chapter which no longer advertises an existing business conducted or product sold on the premises shall be promptly removed by the owner of the premises upon which the sign is located. Such removal shall occur no later than 30 days after the date of written notice from the Zoning Officer to remove the sign.
(8) 
If the Zoning Officer finds that any sign is unsafe or insecure or otherwise endangers the public, he shall give written notice to the owner of the land upon which the sign is erected. The landowner shall promptly remove or repair the sign. If the sign is not removed or repaired within 30 days of the date of the notice, the Zoning Officer shall revoke any permit for such sign, and may remove or repair the sign, assessing all costs and expenses incurred in such removal or repair against the land or structure on which the sign was located. The Zoning Officer may cause any sign which is a source of imminent danger to persons or property to be removed summarily and without notice.
(9) 
A sign erected prior to the effective date of this chapter which does not conform with the provisions of this chapter may remain for a period of three years, at which time the sign must be replaced to meet the provisions of this chapter or be removed, unless the sign has historical significance to the Town and has been so designated.
(10) 
Only one nonilluminated sign, not over four square feet in size, is permitted per dwelling unit where a home occupation is conducted.
(11) 
Signs shall be set back at least 10 feet from any property line and 20 feet from a street line. A sign that is not attached to a building shall not project more than 15 feet above ground level.
(12) 
In the Hamlet District, the setback distance for signs is 13 feet from the street curb where there is a sidewalk, and eight feet from the street curb where there is no sidewalk.
[Added 6-19-2012 by L.L. No. 2-2012]
[1]
Editor's Note: The Appendixes are on file in the office of the Town Clerk.
C. 
Sign bonuses. To encourage design excellence, the maximum sign sizes specified in § 245-52B may be increased by the percentages herein. A separate increase is granted for compliance with each of the criteria and the total is cumulative, but each percentage increase is based on the original sign size limitation. Sign sizes may be increased as follows:
(1) 
Fifteen percent when the sign is made of wood.
(2) 
Fifteen percent if the sign is designed to contain only the identification of the establishment without advertising any products sold on the premises.
(3) 
Twenty percent if the sign is the only sign identifying the establishment or its principal product.
(4) 
Twenty percent if the sign is not designed or used with illumination.
(5) 
Thirty percent if the Planning Board finds that the sign has special aesthetic merit, or that additional size is necessary or appropriate due to such circumstances as the sign's distance from the road, the design speed of the road, or the size of the building on which the sign is placed.
D. 
Maximum sign size. Notwithstanding any provision of this section to the contrary, no sign shall be greater than 100 square feet in size.
E. 
Advertising signs shall be prohibited, except signs that direct the public to specific businesses or community uses, provided that such signs do not exceed four square feet in size, conform with applicable regulations, and are shown on a site plan approved by the Planning Board (see § 245-52G).
F. 
Temporary posters, covering such subjects as political events, sporting events, shows, and elections, shall be permitted, provided that they are not displayed until four weeks prior to an event and are removed within five days after the event. No poster shall be attached to a tree, utility pole, or road sign.
G. 
For all signs which will be erected in connection with a project requiring site plan approval, sign approvals shall be conducted by the Planning Board pursuant to the site plan approval process. If no site plan approval is required, signs shall be approved in connection with building permits issued by the Zoning Officer.
A. 
Purpose and intent. The conduct of business uses on residential properties shall be permitted under the provisions of this section. It is the intent of this section to:
(1) 
Ensure the compatibility of home occupations with other uses;
(2) 
Maintain and preserve the rural character of the Town;
(3) 
Ensure that public facilities and services designed for residential areas are not misused for inappropriate commercial purposes;
(4) 
Ensure peace, quiet, and domestic tranquility within residential areas; and
(5) 
Allow residents to engage in gainful employment in their homes while avoiding excessive noise, traffic, nuisance, fire hazard, and other possible adverse effects of commercial uses.
B. 
Criteria and standards. Home occupations shall be permitted as indicated in the Use Table in § 245-15, in compliance with the following criteria and standards:
(1) 
A home occupation shall be incidental and secondary to the use of a dwelling unit for residential purposes. It shall be conducted in a manner which does not give the outward appearance of a business, does not infringe on the right of neighboring residents to enjoy the peaceful occupancy of their dwelling units, and does not alter the character of the neighborhood. A home occupation may be conducted within a dwelling unit and/or within accessory structures.
(2) 
The home occupation is to be conducted only by members of the family residing in or maintaining the dwelling unit plus no more than three nonresident assistants or employees at any one time.
(3) 
Any signs used in conjunction with a home occupation shall meet the requirements of § 245-52, Signs, of this chapter, and shall not exceed four square feet.
(4) 
Off-street parking shall be provided as required in § 245-51A(3).
(5) 
Automobile and truck traffic generated shall not be excessive, considering both the character of the road on which the use is located and the volume of traffic that would otherwise be generated by a typical residential use.
(6) 
There shall be no exterior storage of materials, equipment, vehicles, or other supplies used in conjunction with a home occupation, unless screened from the road and from other properties.
(7) 
No offensive appearance, noise, vibration, smoke, electrical interference, dust, odors, or heat shall occur. The use of substances which may endanger public health or safety or which pollute the air or water are prohibited.
(8) 
More than one home occupation may be conducted on a parcel, provided that the combined impact of all home occupations satisfies these criteria and standards.
C. 
Home occupations permitted by right. The following home occupations are permitted by right, provided that they are carried on in a manner which complies with the criteria and standards in Subsection B above:
(1) 
Professional office, as defined in Article XIV;
(2) 
Art restoration;
(3) 
Art studio;
(4) 
Babysitting;
(5) 
Data processing;
(6) 
Dental technician with laboratory;
(7) 
Drafting and graphic services;
(8) 
Dressmaking, sewing, tailoring, contract sewing;
(9) 
Flower arranging;
(10) 
Gardening, landscape maintenance;
(11) 
Home crafts, including ceramics with kiln up to six cubic feet, jewelry making, basketry;
(12) 
Housecleaning service;
(13) 
Locksmith;
(14) 
Sales or manufacturer representative (office only);
(15) 
Swimming pool cleaning;
(16) 
Telephone answering, switchboard, and call forwarding;
(17) 
Tutoring;
(18) 
Typing and word processing;
(19) 
Watch and small appliance repair;
(20) 
Writing, computer programming; and
(21) 
Any other use that is permitted by right within the Base Zoning District, pursuant to the Use Table in § 245-15.
D. 
Home occupation by special permit. Any home occupation meeting the criteria and standards of § 245-53B above, but not listed as a permitted home occupation under § 245-53C above, may be allowed by special permit issued by the Zoning Board of Appeals. In issuing such special permit, the Zoning Board of Appeals must find that the proposed home occupation meets the criteria and standards in § 245-53B above, as well as generally applicable special permit standards in Article VI of this chapter.
A. 
Soil mining shall be allowed by special permit within the RU District, provided that the operator complies with all applicable requirements of the New York State Department of Environmental Conservation. At such time as the Town designates, by zoning amendment, a Soil Mining Overlay District, soil mining shall be limited to such district, subject to the special permit requirements herein.
B. 
An applicant for a special permit for soil mining shall submit to the Zoning Board of Appeals copies of all applications and other materials submitted to the New York State Department of Environmental Conservation (DEC) in connection with its soil mining application.
C. 
In determining whether to grant or deny a special permit application for soil mining, the Zoning Board of Appeals shall consider all applicable special permit criteria. If the Zoning Board of Appeals grants a special permit subject to conditions, such conditions shall be limited to the following, unless the laws of New York State allow the imposition of additional conditions:
(1) 
Ingress from and egress to public thoroughfares controlled by the Town;
(2) 
Routing of mineral transport vehicles on roads controlled by the Town;
(3) 
Requirements and conditions specified in the permit issued by the DEC concerning setback from property boundaries and public thoroughfare rights-of-way, natural or man-made barriers to restrict access, dust control, and hours of operation;
(4) 
Enforcement of reclamation requirements contained in any DEC permit.
D. 
In issuing a special permit for soil mining uses not subject to regulation by DEC, the Zoning Board of Appeals may impose such additional conditions as it deems necessary.
Satellite dish antennas shall be permitted as-of-right in rear yards in compliance with applicable provisions of this section. If a usable satellite signal cannot be obtained from a rear yard, the applicant may seek a special permit for the antenna to locate it in the side or front yard, subject to the setback requirements for conventional subdivisions contained in § 245-21. The installation of a satellite dish antenna requires a building permit and is subject to the following conditions:
A. 
Not more than one satellite dish antenna shall be allowed on a lot.
B. 
All satellite dish antennas shall be safely and securely anchored to the ground or to a suitable structure.
C. 
The construction and installation of satellite dish antennas shall conform to all applicable building codes and other regulations and requirements.
D. 
Satellite dish antennas shall be properly grounded.
E. 
Satellite dish antennas shall be designed and located to minimize visual impact on adjacent property and roadways. The dish shall be made of mesh rather than a solid material and its color shall be compatible with the surroundings.
F. 
A landscaped evergreen planting screen shall be provided for any ground-mounted satellite dish antenna to screen it from adjacent lots and public areas, unless such screening interferes with signal reception.
G. 
A satellite dish antenna shall be located at least 10 feet from any access or drainage easement area.
H. 
A satellite dish antenna shall not exceed a diameter of 12 feet or a height of 15 feet when mounted on the ground.
I. 
Wiring between a ground-mounted satellite dish antenna and a receiver shall be placed underground.
[Added 4-20-1999 by L.L. No. 1-1999]
Installation or operation of a communication tower (including accessory facilities) shall require a major project special permit from the Zoning Board of Appeals and site plan approval from the Planning Board. The ZBA and Planning Board shall not approve a communication tower application unless it satisfies the special permit criteria contained in § 245-35 as well as the following additional requirements:
A. 
Shared use.
(1) 
Shared use of existing communication towers and use of other existing structures shall be preferred to the construction of new towers. Where shared use of an existing validly approved tower occurs, the new user shall be exempt from the provisions of this § 245-56, except that any ground-level site alterations shall require site plan review. Alterations to an existing tower and installation of new equipment on an existing tower shall require a building permit only, provided that the height of the tower is not increased and that no lights are added more than 35 feet above average grade level.
(2) 
Where shared use of an existing tower or location of communications equipment on another existing structure as an accessory use (see § 245-57) is a technically feasible alternative, the applicant may be denied a special permit for a new tower. In determining feasibility, the Town Board shall consider the costs to the applicant of adapting an existing facility to shared use, including structural reinforcement, preventing transmission or receiver interference, additional site screening and other physical changes to the tower and/or the site, as well as acquisition of a lease to accommodate shared use. Costs associated with this Subsection A(2) shall be considered unreasonable if they exceed the cost of the proposed new tower by more than 10%.
(3) 
In approving any new communication tower, the Zoning Board of Appeals shall require that:
(a) 
The proposed tower be structurally capable of accommodating shared use; and
(b) 
The applicant make the tower available to other users at a reasonable charge, based on generally accepted accounting principles. The charge may include but is not limited to a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance, financing, return on equity, and depreciation, and all the costs of adapting the tower and ancillary equipment to accommodate a shared user in a manner that complies with the provisions of this § 245-56. This Subsection A(3)(b) may be waived by the Zoning Board of Appeals when a communication tower is not owned, leased, or operated by a wireless communications company or by any other company which might be competing against other potential users of the tower.
B. 
Dimensional regulations.
(1) 
The minimum lot size for a new communication tower shall be five acres.
(2) 
The minimum setback from any property line shall be at least the height of the tower to be erected, plus 30 feet, and shall apply to all tower parts, guy wire anchors, and accessory facilities. The setback shall be adequate to protect neighboring properties from falling ice or debris and from tower structural failures.
(3) 
No communications tower shall be located within 500 feet of a residence, school, day-care center, children's camp, or other facility regularly used by minors.
C. 
Site planning considerations. In reviewing a site plan application for a communication tower, the Planning Board shall consider the following factors, in addition to the criteria contained in § 245-39:
(1) 
Communication towers shall not be artificially lighted or marked except to ensure public safety if required by the Federal Aviation Administration (FAA). However, they shall be sited and designed to be the minimum height necessary to fulfill their purposes and to avoid, whenever possible, application of FAA lighting and painting requirements. Towers shall be an appropriate color to harmonize with the surroundings, as approved in advance by the Planning Board.
(2) 
Communication tower structures shall not contain any signs other than safety warning signs.
(3) 
Communication towers and related accessory facilities shall be enclosed by a fence not less than eight feet in height above ground level.
(4) 
All towers and accessory facilities shall be designed and sited to minimize any adverse visual effect on the environment. The choice of a monopole, lattice or other type of structure shall be based upon technical feasibility as well as ensuring that the structure blends into its surroundings. Accessory facilities shall use building materials, colors, and textures designed to blend with the natural surroundings.
(5) 
Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured four feet from the ground) shall take place prior to approval of the special permit and site plan. Clear-cutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited, except as may be necessary for construction of an access road.
(6) 
Adequate emergency and service access and parking shall be provided, making use of existing roads, public or private, to the maximum extent feasible. Road construction shall minimize disturbance and cutting of vegetation to within the toe of fill, the top of cuts, and no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal adverse visual impact and reduce soil erosion potential.
D. 
Application requirements. Special permit and site plan approval applications for a communication tower shall include, in addition to other submission requirements for special use permits and site plans, the following information:
(1) 
The locations of all structures and trees on the site and on any adjacent property within 30 feet of the subject property lines.
(2) 
All information prepared by the manufacturer of the tower and associated apparatus for which a special permit is being sought, including but not limited to the following:
(a) 
Make and model of tower to be erected.
(b) 
Specifications for communications equipment to be installed.
(c) 
Design data, installation instructions, and construction plans for the tower.
(d) 
Identification of levels of radiation emitted by or from the communication tower equipment and ancillary facilities.
(e) 
Identification of the effects the communication tower's operation will have on existing communication towers, antennas, or other electromagnetic devices within 1,000 feet of the proposed structure.
(3) 
Applicant's proposed tower maintenance and inspection procedures and records system.
(4) 
In the case of new towers, the applicant shall be required to submit a report documenting the following:
(a) 
Good-faith efforts to secure shared use from existing towers as well as capacity for future shared use of the proposed tower. An applicant shall inventory existing communication towers and other tall structures within a reasonable distance of the proposed site (including locations in other towns) and describe opportunities for shared use of existing structures as an alternative to the new tower. The applicant shall submit copies of written requests to and responses from owners of other towers and structures regarding shared-use opportunities.
(b) 
A technical and visual impact analysis of reasonable alternative tower sites which could serve the needs of the applicant in different locations, including the installation of antennas on existing structures.
(c) 
Documentation of the local and regional need for the tower in the specific location selected, showing that the tower in the proposed location is a public necessity, is essential to the safe and adequate provision of service, and that shared use of existing towers will not be adequate.
(d) 
Alternative designs for the communication tower, including those that minimize adverse visual impact by enclosing the communication apparatus in a silo, belfry, steeple, cupola, turret, or other traditional building design element, or by attaching such apparatus to structures that look like or blend in with trees.
(5) 
A report by a qualified professional which demonstrates compliance of the proposed facility with applicable radiation and other health standards established by the FCC, as well as any other information the Board or its consultant deems necessary to establish compliance with applicable health standards.
(6) 
A statement agreeing to defend and indemnify the Town of Hillsdale and any of its agents or employees from any and all claims made in connection with the installation, construction, use, or operation of the communication tower, as well as proof of insurance in an amount deemed necessary by the Zoning Board of Appeals to cover damage to persons or property, with coverage limits of at least $3,000,000. The applicant shall provide a certificate of insurance to the Town Board on annual basis, naming the Town of Hillsdale as an additional insured. The ZBA may from time to time require the applicant to increase the limits of such coverage.
(7) 
A completed visual environmental assessment form (visual EAF) as part of the SEQRA documentation. The Planning Board may require a more detailed visual analysis based on the results of the visual EAF.
(8) 
Landscaping and screening. The landscape plan required for site plan shall pay particular attention to visibility from key publicly accessible viewpoints within and outside the Town as identified in the visual EAF. At least one row of native evergreen scrubs or trees capable of forming a continuous hedge at least 10 feet high within two years of planting shall be provided and maintained to effectively screen the tower base and accessory facilities from adjoining property.
E. 
Compliance with FCC requirements. Applicants shall be required to show adequate proof of compliance with all applicable FCC requirements, including but not limited to those relating to interference with other communications equipment, radio frequency radiation, and other public health standards.
F. 
Abandonment and removal. In the event a communication tower ceases operations and is abandoned for a period of six months, the tower, structures, and facilities shall be dismantled by the owner and removed from the site within 60 days of receipt of written notice to do so from the Town Board, In order to secure his obligation to remove the tower, the Planning Board may require the applicant to post a bond or other security at the time of site plan approval.
G. 
Conflict with other requirements. Where these regulations conflict with other applicable laws and regulations, the more restrictive shall apply, except for tower height restrictions which are governed by this § 245-56.
[Added 4-20-1999 by L.L. No. 1-1999]
Antennas and other transmission or receiving equipment or facilities that are mounted on structures principally used for purposes other than receiving or transmitting radio, television, microwave, cellular telephone, or similar electromagnetic signals shall be permitted in all districts as an accessory use by minor project special permit, in compliance with all applicable FCC requirements. No equipment used for signal transmission (other than for federally licensed amateur radio operators) shall be located within 500 feet of a residence, school, day-care center, children's camp, or other facility regularly used by minors. No special permit shall be required for receive-only antennas and satellite dishes accessory to a residential use, except as provided in § 245-55.
[Added 7-18-2017 by L.L. No. 3-2017]
A. 
Authority. This section is adopted pursuant to §§ 261-263 of the Town Law of the State of New York, which authorizes the Town of Hillsdale to adopt zoning provisions that advance and protect the health, safety, and welfare of the community, and to make provision for, so far as conditions may permit, the accommodation of solar energy systems and equipment, and access to the sunlight such systems and equipment require.
B. 
Statement of purpose.
(1) 
This section is adopted to advance and protect the public health, safety, and welfare of the Town of Hillsdale, including taking advantage of a safe, abundant, renewable, and nonpolluting energy resource; decreasing the cost of energy to the owners of commercial and residential properties, including single-family houses; and increasing employment and business development in the region by furthering the installation of solar energy systems and equipment.
(2) 
The goal of this section is to promote the accommodation of solar energy systems and equipment and the access to the sunlight such systems and equipment require, and to balance the potential impact on neighbors when solar collectors may be installed near their property, and on the community when solar farms or solar power plants are constructed within the Town of Hillsdale, while preserving the rights of property owners to install solar energy systems and equipment without excess regulation.
(3) 
This section is also adopted in accordance with the Town of Hillsdale's Comprehensive Plan, which seeks to protect the Town's environmental and agricultural resources while also encouraging economic development.
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) 
All solar energy systems shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the State Building Code and the Town local laws and regulations.
(3) 
Solar collectors, unless part of a solar farm or solar power plant, shall be permitted only to provide power for use by owners, lessees, tenants, residents, or other occupants of the premises on which they are erected, but nothing contained in this provision shall be construed to prohibit collective, community, or shared solar installations or the sale of excess power through a net-billing or net-metering arrangement in accordance with New York Public Service Law § 66-j or similar state or federal statute.
D. 
Permit required; construction and placement requirements.
(1) 
Solar energy systems and equipment shall not be installed or operated in the Town except in compliance with the provisions of this Solar Energy Systems Law.
(2) 
Rooftop and building-mounted solar systems. Rooftop and building-mounted solar systems are permitted in all zoning districts in the Town subject to the following conditions:
(a) 
Building permits shall be required for installation of all rooftop and building-mounted solar systems. For installations with a rated capacity of 25kW or less, the required permit shall be the New York State Unified Solar Permit, as amended.
(b) 
Rooftop and building-mounted solar systems shall not exceed the maximum allowed height of the principal use in any zoning district.
(3) 
Building-integrated photovoltaic (BIPV) systems. BIPV systems are permitted in all zoning districts and shall be shown on the plans submitted with the building permit application for the building containing the system.
(4) 
Freestanding and ground-mounted solar energy systems. Freestanding and ground-mounted solar energy systems are permitted as accessory structures in all zoning districts of the Town subject to the following conditions:
(a) 
Building permits are required for the installation of all freestanding and ground-mounted solar energy systems. For installations with a rated capacity of 25kW or less, the required permit shall be the New York State Unified Solar Permit, as amended.
(b) 
A minor project site plan approval must be obtained from the Planning Board before a building permit may be issued for freestanding and ground-mounted solar energy systems with a rated capacity of more than 25kW.
(c) 
The location of the freestanding or ground-mounted solar energy system shall meet the setback requirements for accessory structures set forth in § 245-27E.
(d) 
The height of the solar collector and any mounts shall not exceed 15 feet when oriented at maximum tilt.
(e) 
Freestanding and ground-mounted solar energy systems shall be screened when possible and practicable from adjoining lots and street rights-of-way through the use of architectural features, earth berms, landscaping, fencing or other screening which will harmonize with the character of the property and surrounding area. The proposed screening shall not interfere with normal operation of the solar collectors.
(f) 
Solar energy systems and equipment shall be located in a manner to reasonably minimize view blockage for surrounding properties and shading of property to the north, while still providing adequate solar access for solar collectors.
(g) 
Solar energy systems and equipment shall not be sited within any required buffer area.
(h) 
The surface area of the solar panels or other solar collectors shall be included in the building area, as defined in Article XIV of this chapter, in calculating whether the lot coverage exceeds the maximum impermeable surface allowed in the applicable zoning district, as set forth in the Dimensional Table found in Article IV of this chapter.
(5) 
Solar thermal systems. Solar thermal systems are permitted in all zoning districts subject to the following conditions:
(a) 
Building permits are required for the installation of all solar thermal systems.
(b) 
Ground-mounted and freestanding solar thermal systems shall be subject to the same requirements set forth in Subsection D(4) above as for freestanding and ground-mounted solar energy systems.
(6) 
Solar energy systems and equipment shall be permitted only if they are determined by the Town not to present any unreasonable safety risks, including, but not limited to, the following:
(a) 
Weight load.
(b) 
Wind resistance.
(c) 
Ingress or egress in the event of fire or other emergency.
(7) 
Solar collectors and related equipment shall be surfaced, designed, and sited so as not to reflect glare onto adjacent properties and roadways.
E. 
Safety.
(1) 
All solar collector installations must be performed by a qualified solar installer.
(2) 
Prior to operation, electrical connections must be inspected by the Town 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 the appropriate public utility.
(4) 
Solar energy systems and equipment shall be maintained in good working order.
(5) 
Rooftop and building-mounted solar systems shall meet New York's Uniform Fire Prevention and Building Code standards.
(6) 
If solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building 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.
(7) 
Marking of equipment.
(a) 
Solar energy systems and equipment shall be marked in order to provide emergency responders with appropriate warning and guidance with respect to isolating the solar electric 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.
(c) 
In the event any of the standards in this Subsection E(7) for markings are more stringent than applicable provisions of the New York State Uniform Fire Prevention and Building Code (the "State Code"), they shall be deemed to be guidelines only and the standards of the State Code shall apply.
F. 
Solar farms and solar power plants.
(1) 
Solar farms and solar power plants are permitted through the issuance of a special permit by the Zoning Board of Appeals within the RU and HB Districts, subject to the additional requirements set forth in this subsection, including site plan approval, except that solar farms and solar power plants are not permitted in the Ridgeline and Steep Slope Overlay Districts. Furthermore, it is in the interest of the Town to protect the best agricultural lands from development in order to preserve the rural character of the Town and to maintain the availability of agricultural soils for productive use. Accordingly, solar farms and solar power plants shall be located on a parcel in such a manner as to avoid, to the maximum extent feasible, soils classified as "Prime" or of "Statewide Importance" by the Natural Resources Conservation Service of the United States Department of Agriculture.
(2) 
All solar farms and solar power plants are major projects for purposes of special permit review, and therefore, site plan approval by the Planning Board is also required.
(3) 
Applications for the installation of solar farms and solar power plants shall be reviewed by the Zoning Officer and referred, with comments, to the Zoning Board of Appeals for special permit approval and the Planning Board for site plan review.
(4) 
The Town of Hillsdale shall require any applicant to pay all associated costs incurred by the Town for any application review, including but not limited to engineering, legal, environmental, planning, and the review under SEQRA. When the Planning Board or Zoning Board of Appeals determines that a review is anticipated to require engineering, legal, environmental, or planning costs, it shall provide an estimate to the applicant. Subsequently, funds adequate to cover such estimated costs shall be placed into escrow by the applicant prior to commencement of any further Planning Board or Zoning Board of Appeals review, and shall be replenished or increased at the direction of either of such Boards.
(5) 
Additional special permit application requirements.
(a) 
If the property of the proposed project is to be leased, legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements, shall be submitted.
(b) 
Blueprints showing the layout of the solar farm or solar power plant, including all solar energy systems and equipment, signed by a professional engineer or registered architect licensed to practice in the State of New York shall be required.
(c) 
Equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed.
(d) 
Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.
(e) 
Decommissioning plan. To ensure the proper removal of solar farms and solar power plants, a decommissioning plan shall be submitted as part of the application. Compliance with this plan shall be made a condition of the issuance of a special permit under this section. The decommissioning plan must specify that after the solar farm or solar power plant is no longer in use, it shall be removed by the applicant or any subsequent owner. The plan shall demonstrate how the removal of all infrastructure, and the remediation of soil and vegetation, shall be conducted to return the parcel to its original state prior to construction. The plan shall also include an expected time line for execution. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a professional engineer or contractor at the applicant's expense. Cost estimates shall take into account inflation. In the event the Zoning Board of Appeals grants a special use permit, it must also establish the amount of such surety to be established by the applicant, and the surety must be in place prior to building permit issuance. The surety may be in the form of escrowed funds, bonds or otherwise, but it is the intention of this provision to ensure that in the event that the applicant fails to comply with its decommissioning obligations, the Town has sufficient funds available to remove the infrastructure, remediate the soil and vegetation, and restore the landscaping such that the parcel is returned to its original state prior to construction, consistent with the decommissioning plan.
(f) 
Statement regarding tax penalty. A statement, cosigned by the applicant and the landowner, that the proposed solar farm or solar power plant will not result in a tax penalty, pursuant to § 305 or 306 of the New York State Agriculture and Markets Law, due to the conversion of land to a nonagricultural use, and identifying the last year, if any, for which the subject lands received an agricultural real property tax exemption; or that the establishment of the proposed utility-scale solar energy system will result in a tax penalty, pursuant to § 305 or 306 of the New York State Agriculture and Markets Law, and identifying the total amount of tax penalty to be imposed, including interest, and the total number of acres to be converted to a nonagricultural use.
(6) 
Additional site plan review standards.
(a) 
Height and setback. Solar farms and solar power plants shall adhere to the height and setback requirements of the underlying zoning district, except as otherwise provided herein.
(b) 
Lot size. Solar farms and solar power plants shall be located on lots with a minimum lot size of 20 acres.
(c) 
Lot coverage.
[1] 
A solar farm or solar power plant shall not exceed the maximum impermeable surface allowed in the underlying zoning district, as set forth in the Dimensional Table found in Article IV of this chapter. All lands located within the fence enclosure for the solar farm or plant as shown on the approved site plan shall be considered to be an impermeable surface for the purpose of the calculation of the maximum impermeable surface coverage limitation. In no case shall the impermeable surface of a given solar farm or solar power plant exceed 75 acres.
[2] 
All lands of the applicant used in connection with the calculation of the maximum impermeable surface must be contiguous and expressly dedicated to the solar project for which a permit is issued such that they may not be sold or put to any other use, except that existing agricultural uses may be continued so long as said agricultural uses do not cause the solar project to exceed the maximum impermeable surface coverage limitation applicable thereto. If not shown on the site plan, all of the lands of the applicant used for the calculation of the maximum impermeable surface coverage limitation shall be identified on a location sketch map approved by the Planning Board, which shall be recorded in the Columbia County Clerk's office along with a dedication declaration limiting the future use of such lands to agricultural use, as provided for above, which declaration shall be executed and acknowledged by the owner of the real property and recorded in the Columbia County Clerk's Office.
(d) 
All solar farms and solar power plants shall be enclosed by fencing to prevent unauthorized access. Warning signs with the owner's contact information shall be placed on the entrance and perimeter of the fencing. The type of fencing shall be determined by the Planning Board. The fencing and the system may be further screened by any landscaping needed to avoid adverse aesthetic impacts.
(e) 
Any application under this section shall meet any substantive provisions contained in local site plan requirements in this chapter that, in the judgment of the Planning Board, are applicable to the system being proposed. If none of the site plan requirements are applicable, the Planning Board may waive the requirement for site plan review.
(7) 
Additional supplementary regulations.
(a) 
Warning signage shall be posted at the site and clearly visible.
(b) 
Solar farm and solar power plant buildings and accessory structures shall, to the extent reasonably possible, use materials, colors, and textures that will blend the facility into the existing environment.
(c) 
Appropriate landscaping and/or screening materials may be required to help screen the solar farm or solar power plant and accessory structures from major roads and neighboring residences.
(d) 
The height of the solar panel arrays shall not exceed 15 feet.
(e) 
Solar farm and solar power plant panels and equipment shall be surfaced, designed, and sited so as not to reflect glare onto adjacent properties and roadways.
(f) 
All transmission lines and wiring associated with solar farm or solar power plant shall be buried and include necessary encasements in accordance with the National Electric Code and Town of Hillsdale requirements. The Planning Board may recommend waiving this requirement if sufficient engineering data is submitted by the applicant to demonstrate that underground transmission lines are not feasible or practical. The applicant is required to show the locations of all proposed overhead and underground electric utility lines, including substations and junction boxes and other electrical components for the project on the site plan. All transmission lines and electrical wiring shall be in compliance with the utility company's requirements for interconnection.
(g) 
Clear-cutting or thinning of trees or other vegetation shall be avoided or minimized to the extent reasonably possible.
G. 
Abandonment and decommissioning. Solar energy systems and equipment are considered abandoned after one year without electrical energy generation and must be removed from the property no later than 90 days after the end of the twelve-month period.
H. 
Guidelines for future solar access.
(1) 
New structures will be sited to take advantage of solar access insofar as practical, including the orientation of proposed buildings with respect to sun angles, the shading and wind-screen potential of existing and proposed vegetation on and off the site, and the impact of solar access to adjacent uses and properties.
(2) 
To permit maximum solar access to proposed lots and future buildings, wherever reasonably feasible, consistent with other appropriate design considerations and to the extent practicable, new streets shall be located on an east-west axis to encourage building siting with the maximum exposure of roof and wall area to the sun. The Planning Board shall also consider the slope of the property and the nature and location of existing vegetation as they affect solar access.
(3) 
The impact of street trees on the solar access of the surrounding property shall be minimized to the greatest possible extent in selecting type and locating shade trees. Every effort shall be made to avoid shading possible locations of Solar Collectors.
(4) 
When the Planning Board reviews and acts upon applications for subdivision approval or site plan approval, it shall take into consideration whether the proposed construction would block access to sunlight between the hours of 9:00 a.m. and 3:00 p.m. Eastern standard time for existing approved solar collectors or for solar collectors for which a permit has been issued.
(5) 
The Planning Board may require subdivisions to be platted so as to preserve or enhance solar access for either passive or active systems, consistent with the other requirements of the Town local laws and regulations.
(6) 
The plan for development of any site within cluster subdivisions shall be designed and arranged in such a way as to promote solar access for all dwelling units. Considerations may include the following:
(a) 
In order to maximize solar access, the higher-density dwelling units should be placed on a south-facing slope and lower-density dwelling units sited on a north-facing slope.
(b) 
Subject to the Town's setback requirements, structures should be sited as close to the north lot line as possible to increase yard space to the south for reduced shading of the south face of a structure.
(c) 
A tall structure should be sited to the north of a short structure or else offset laterally to the east or west.
I. 
Enforcement. Any violation of this section shall be subject to the same civil and criminal penalties provided for in Article X.
J. 
Severability. The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision or phrase of the aforementioned sections as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision or phrase, which shall remain in full force and effect.
[Added 12-10-2019 by L.L. No. 2-2019]
A. 
All transient rentals must have a valid special permit for the lodging facility.
B. 
All transient rentals must have a valid and current certificate of occupancy or certificate of compliance.
C. 
At the time that the requisite certificate of occupancy or certificate of compliance is issued, and subsequently as required by county or state law, all transient rentals shall be inspected by the Building Inspector for compliance with the Uniform Code. The owner shall be responsible for payment of the applicable inspection fee(s), as may be established by resolution of the Town Board.
D. 
All transient rentals must maintain a local contact person. The owner shall provide to the Town, at the time of special permit application and thereafter as necessary, current contact information for the local contact person, including the name, address, phone number, and email address. It shall be the responsibility of the owner to ensure that the Town always has the most current contact information for the designated local contact person. The local contact person must reside within 20 miles of the transient rental and be available at all times for the purpose of responding to complaints regarding the condition, operation, or conduct of occupants of the transient rental and must respond promptly to any such complaints. If the owner's principal residence is not located within the county, the owner must designate the local contact person or other agent who resides in the county as the owner's agent for service of legal process and all other notices.
E. 
The total number of conventional bedrooms on the transient rental premises shall not exceed the number indicated on the certificate of occupancy or certificate of compliance and the filed building plans for all structures on the premises.
F. 
The total number of occupants shall not exceed the number indicated on the special permit issued to the lodging facility.
G. 
The owner shall be responsible to ensure that the occupants and/or guests of the transient rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate any provision of the Town Code or any state law.
H. 
Special permits issued to transient rentals shall be nontransferable and shall immediately expire upon any change of ownership of the premises.