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.
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.
[Amended 6-19-2012 by L.L. No. 2-2012]
In the HM District, more than one business use may be located on a single lot when authorized by the Planning Board under § 245-21 of this chapter.
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.
(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.
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:
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:
(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
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.
[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:
(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.
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.
