The following supplementary regulations are applicable to all land use districts with the Town of Hoosick unless otherwise provided.
Any use which can be allowed by special permit under this chapter, but which has not been issued a special permit, shall be permitted to continue as a nonconforming use until such time as an owner or operator applies for and is granted a special permit. Upon the granting of such special permit, the use shall become conforming and shall be governed by the conditions attached to the special permit. If such a special permit is denied, the use may continue as a nonconforming use subject to the requirements of Article V.
A.
No unreasonable noise shall be produced which shall be in violation of Chapter 270, Noise, without the issuance of a variance thereunder.
B.
No unreasonable amounts of dust, dirt, smoke, fly ash, odor, or noxious gases shall be disseminated beyond the boundaries of the lot where such is located. This provision is not intended to restrict the normal use of wood- or coal-burning residential heating units.
C.
No unreasonable glare or heat shall be produced that is perceptible beyond the boundaries of the lot on which the use is located.
D.
There shall be not discharge of any solid or liquid wastes into any stream, wetland, body of water or any public or private disposal system or on or into the ground, except in strict accordance with the standards of the Rensselaer County Department of Health or other regulatory agencies.
E.
No activity shall create a physical hazard by reason of fire, explosion, radiation, electromagnetic disturbance, or other cause to any person or property.
F.
There shall be no storage of material, either indoors or out, in such a manner that it facilitates the breeding of vermin, flies or mosquitoes, endangering health or the environment.
G.
All activities involving and all storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate firefighting and fire-suppression equipment and devices standard in the industry.
H.
Measures to control erosion, sedimentation, and surface water runoff shall be undertaken prior to, during and after any land use or development with the smallest practical area being exposed at any time and for the shortest practical period of time.
(1)
Mulching or temporary vegetation suitable to the site shall be used to protect exposed areas;
(2)
All topsoil excavated during site preparation shall be stockpiled and used for site restoration, and such stockpiles shall be seeded or otherwise treated to minimize erosion;
(3)
Steep slopes where vegetation cannot be readily established or where problems of erosion, sedimentation, or surface water runoff may result shall have proper stormwater control mechanisms installed according to professional standards.
I.
No land use or development shall increase the rate, velocity, or quantity of surface water runoff on abutting properties, nor shall it increase the discharge of sediment or other pollutants.
J.
All drainage systems shall be constructed in accordance with the New York State Stormwater Management Design Manual and be integrated so as to minimize erosion, sedimentation, slope instability, and adverse effects on neighboring property owners and water bodies, avoid concentration of water flow, prevent deflection of any receiving watercourse, and should not transfer surface water runoff from one watershed to another.
K.
Any land disturbance of one acre or more, excluding agriculture, must conform to the specifications in the New York Guidelines for Urban Erosion and Sediment Control, which is on file with the Town Clerk.
L.
Storage and handling of all hazardous and toxic materials shall conform strictly with all applicable local, federal, and state laws, rules and regulations.
M.
There shall be no disposal of any hazardous or toxic material within the Town of Hoosick.
Privacy fences shall be set back at least 12 feet from pavement edge at the front of the property.
In any district, home occupations as defined in Article XIII shall additionally conform to the following limitations:
A.
A home occupation may only be conducted within a dwelling which is a bona fide residence of the principal practitioner of the occupation or in an accessory building which is normally associated with the residential use.
B.
The presence of the home occupation shall not alter the primary use or appearance of the premises as a residence, except that a single sign as provided in Article VIII shall be permitted. No traffic shall be generated in greater volumes than would be appropriate to a residential neighborhood, with any need for parking generated by the home occupation met on-site and not in the required front yard. All additionally required parking shall be effectively screened from the public roadway and from abutting noncommercial properties.
C.
Outdoor display of products shall be limited to a small representative sample of the products sold in the home occupation.
D.
No materials and equipment used in connection with the home occupation shall be permitted in the front yard of the premises. All such materials and equipment shall be screened from view and stored in such a way that they do not pose a nuisance to adjacent property owners, such storage being not less than 25 feet from any property boundary.
E.
Hazardous materials to be used in the business shall be identified in the special permit application, if required, and stored in accordance with applicable local, state and federal laws, rules and regulations. Copies of any special permit involving hazardous materials shall be sent to the Fire Department by the Zoning Board of Appeals.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Not more than one unregistered vehicle nor more than one travel trailer or recreational vehicle (RV) may be stored outdoors on a residential lot. All such storage shall occur as inconspicuously as practical and may not occur within the required front yard. No materials and equipment shall be permitted in the front yard of the premises.
No person shall construct any new building or structure requiring sanitary disposal in the Town of Hoosick without first meeting the requirements for facilities for the disposal of sewage, domestic or trade waters in accordance with applicable regulations of the Town, the Rensselaer County Department of Health, and other governmental authorities.
Roadside stands for the sale of agricultural goods and products shall provide adequate parking. Parking facilities shall be arranged so that vehicles may easily turn around and reenter the public roadway in a forward direction.
All conservation and forestry should follow the New York State Department of Environmental Conservation guidelines.
A.
Agricultural buffers. Wherever agricultural uses and other new 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.
B.
Agricultural data statement. Any application for a special permit, subdivision or use variance, 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 XIII. The Planning Board or Zoning Board of Appeals shall make a finding that such approval will not adversely affect farm operations within the Town and the agricultural district. Prior to issuing an approval for a special permit, subdivision, or use variance, the Planning Board or Zoning Board of Appeals shall make a finding that such approval will not adversely affect farm operations with the Town and the agricultural district. If the reviewing Board is unable to make such a finding, it shall deny the application. (New York State Agriculture and Markets Law Article 25AA, § 305-b.)
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Required decisions. 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 to be made 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 or letter of notification. This subsection may also be applied to any commercial development within the jurisdiction of the Planning Board which abuts commercial land, at the discretion of the Planning Board.
No clearing or grading shall take place within the established twenty-foot watercourse buffer area except to provide road crossings where permitted. A vegetated twenty-foot buffer shall also be maintained around lakes and wetlands.
A.
The setback of any personal windmill must be at least the height of the windmill.