The provisions set forth by the Schedule of District Use Regulations[1] shall be subject to such exceptions, additions, or modifications
as provided herein by the following supplementary use regulations.
[1]
Editor's Note: See Appendix A, included as an attachment to this chapter.
A.
Purpose and intent. The conduct of business in residential units
may 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 permitted
in the residential districts;
(2)
Maintain and preserve the rural character of residential neighborhoods
and areas;
(3)
Assure that public facilities and services designed for residential
areas are not misused for inappropriate commercial purposes; and
(4)
Provide peace, quiet, and domestic tranquility within all residential
neighborhoods or areas, and guarantee to all residents freedom from
excessive noise and traffic, nuisance, fire hazard, and other possible
effects of commercial uses being conducted in residential areas.
B.
Criteria and standards. In all residential and overlay districts, home occupations in compliance with the following criteria and standards and listed as allowed home occupations pursuant to Subsection D below are permitted upon issuance of a permit by the Zoning Administrator.
(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 residential or overlay district. A home occupation may be conducted within the dwelling unit or within an accessory structure, which shall meet the requirements of § 165-70, Accessory structures, below.
(2)
No more than 30% of the floor area of the dwelling unit, with the
exception of foster family care which may use 50%, may be used in
connection with a home occupation. Floor area of a dwelling unit is
the habitable area.
(3)
The home occupation is to be conducted only by members of the family
residing in or maintaining the dwelling unit plus no more than two
nonresident assistants or employees.
(4)
There shall be no external alteration of the appearance of the property,
the dwelling or accessory structure in which the home occupation is
conducted which would reflect the existence of said home occupation.
(5)
Any signs used in conjunction with a home occupation shall meet the requirements of § 165-42, Signs, of this chapter.
(6)
A home occupation, including studios or rooms for instruction, shall
provide all necessary parking associated with the home occupation
off-street, not to exceed four spaces.
(7)
A home occupation shall not generate traffic, noise, vibration, odor,
smoke, glare or electrical interference greater than that normally
created by other permitted uses in the same zoning district.
(8)
Delivery and pickup of materials or commodities to and from the premises
by a commercial vehicle shall not exceed two trips per week, and the
deliveries shall not restrict traffic circulation. A commercial vehicle
for the purpose of this provision is any motor vehicle having a gross
vehicle weight of more than 14,000 pounds.
(9)
There shall be no exterior storage of materials, equipment, vehicles,
or other supplies to be used in conjunction with a home occupation.
(10)
A home occupation shall produce no offensive noise, vibration,
smoke, electrical interference, dust, odors, or heat. A home occupation
as provided by this chapter shall be completely contained within the
principal or accessory structure. No noise, vibration, smoke, electric
interference, dust, odors, or heat shall be detectable beyond the
walls of the building where the home occupation is located. No toxic,
explosive, flammable, combustible, corrosive, etiologic, radioactive,
or other restricted materials shall be used or stored on the site.
Processes which are hazardous to public health, safety, morals, or
welfare are prohibited.
(11)
The total number of home occupations conducted within a dwelling
unit is not limited, except that the cumulative impact of all home
occupations conducted within the dwelling unit or on the premises
thereof shall not be greater than the impact of one home occupation.
(12)
As constructed and improved at the time of the commencement
of the home occupation, the entry and exit to and from the property
shall be in such condition and location that the Town Highway Superintendent
would issue a driveway permit for such entry and exit.
C.
List of home occupations.
(1)
The following home occupations are permitted by right upon issuance of a permit by the Zoning Administrator, provided that they are carried on in a manner which complies with the standards in Subsection B above:
(a)
Architectural, engineering, interior design, and financial planning
services;
(b)
Art restoration;
(c)
Art studio;
(d)
Babysitting;
(e)
Data processing;
(f)
Dental technician with laboratory;
(g)
Dentist;
(h)
Drafting and graphic services;
(i)
Dressmaking, sewing, tailoring, contract sewing;
(j)
Flower arranging;
(k)
Gardening; landscape maintenance;
(l)
Home crafts, including ceramics with kiln up to six cubic feet;
jewelry making; basketry;
(m)
House cleaning service;
(n)
Locksmith;
(o)
Physician;
(p)
Real estate sales or broker;
(q)
Sales or manufacturer representative (office only);
(r)
Swimming pool cleaning;
(s)
Telephone answering, switchboard, and call forwarding;
(t)
Tutoring;
(u)
Typing and word processing;
(v)
Watch repair; and
(w)
Writing; computer programming.
(2)
The following home occupations are prohibited:
(a)
Ambulance service;
(b)
Appliance repair;
(c)
Automobile sale, repair, and retailing; sale of supplies, parts
and upholstery; washing service (including businesses working at customer
homes);
(d)
Helium balloon assembly, distribution, or sale;
(e)
Laundromats and dry cleaning;
(f)
Limousine or pedicab services exceeding one vehicle;
(g)
Mortician; hearse service;
(h)
Restaurants and taverns;
(i)
Tow truck services; and
(j)
Tractor-trailer operations or parking.
D.
Home occupation by special permit. Any home occupation meeting the standards and criteria of Subsection B above but not listed as a permitted or prohibited home occupation under Subsection C above may be allowed by special permit issued by the Planning Board. In issuing such special permit, the Planning Board must find that the proposed home occupation meets the criteria and standards in Subsection B above, as well as generally applicable special permit standards in § 165-119 of this chapter.
E.
F.
De minimus use. No permit is required for a home occupation use which meets all of the criteria of § 165-31B and all of the following additional standards:
(1)
No physical change to the exterior of a principal or accessory structure
is required to accommodate the home occupation; and
(2)
The use is conducted on the site solely by persons utilizing the
home as their primary residence; and
(3)
There is no sign or other exterior advertisement of the existence
of the home occupation use; and
(4)
No more than one home occupation is conducted on the premises; and
(5)
There is no exterior storage of materials, equipment, vehicles or
other supplies used in conjunction with the home occupation.
Pig farms shall require a minimum of land area of 150 acres,
and pens or feeding areas shall not be located within 1,000 feet of
any property line.
No building in which animals are housed in a private stable
shall be located within 100 feet of any property line, and no manure
shall be stored within 250 feet of any neighboring residence, property
line, watercourse, or wetland. Further:
Buildings to be used for riding academy or public stable purposes
shall be set back a minimum distance of 125 feet from the street line
and 250 feet from the side and rear of property lines. Further:
Buildings housing cage-type poultry operations and containing
5,000 birds or less shall not be erected within 500 feet of any property
line nor within 1,000 feet of the boundary line of the zoning district
in which the use is permitted nor within 100 feet of any lake, pond,
watercourse, or wetland. Further:
A.
For each 1,000 birds more than 5,000, an additional setback of 50
feet shall be provided from any property line.
B.
Cage-type poultry houses shall be equipped with odor suppressors
of the hydraulic pit type, or equivalent, with sufficient capacity
to permit a lapse of not more than four months between cleanings.
C.
Cage-type poultry house odor suppression devices shall not be cleaned
during the months of June, July, August, or September.
Educational institutions shall have a minimum of 400 feet of
frontage on a public road. Further:
A.
No sports arena or other place of assembly having a capacity of more
than 1,000 persons shall have entrances or exits on streets other
than those designated as primary or secondary in the Town of Washington
Master Plan.
B.
Where feasible, entrances and exits should be on primary streets,
and not on streets intended for predominately residential use.
A.
Preamble and purpose.
(1)
The Master Plan of the Town of Washington provides for the promotion
of locally oriented business (those not dependent on trade attracted
through traffic) and further provides that new growth should contribute
to the local economy and rural environment, be compatible with the
local character of its surroundings, be subject to strict performance
standards and be subject to rigorous public review and enforcement.
The Town of Washington (the "Town") has historically deferred to the
Village of Millbrook with regard to the location of commercial enterprises
because, among other things, the Village is the hub of the community
of which the Town is part and its economic vitality contributes to
the quality of life in the Town. Consequently, commercial uses which
generate traffic that may generate business for other commercial uses
are directed to the Village. The Village has, however, only so much
space for business occupancy and will, from time to time, be unable
to accommodate certain business uses which may be compatible with
the Town's planning goals and character. The Town has a Hamlet Mixed-Use
District in which it wants to encourage certain commercial uses consistent
with the mixed commercial/residential character of the district and
has several preexisting commercial uses and home occupations in its
one-acre zone which have proved compatible with that neighborhood.
(2)
A number of charitable foundations or trusts have expressed interest
in locating purely administrative offices in the Town. These would
be locally oriented since they are not dependent on a trade attracted
through traffic. Rather, their function is to administer their assets
and evaluate and make determinations relating to requests for funding
from other charitable organizations.
(3)
The Town Planning Board has advised the Town Board that if administrative
offices for charitable foundations or trusts are not open to the general
public, limited in size to no more than 12 employees, are limited
to properties which have a boundary on a state or county highway of
at least the minimum frontage distance required for building lots
in the district in which said use exists, are subject to special use
permit and site plan approval with an emphasis on screening and restricting
any parking on the street, and are limited to the Hamlet Mixed-Use
District and the RH-1 Residential District, they will be consistent
with and further the goals as expressed in the Town of Washington
Master Plan.
(4)
Based upon its experience, the Planning Board advised the Town Board that the limitation on nonresidential development in the Hamlet Mixed-Use District (§ 165-23B) needs to be waived to have any real prospect for administrative offices for charitable foundations in the Hamlet Mixed-Use District.
B.
Administrative offices for charitable foundations or trusts shall
be a permitted use in the HM District and the RH-1 Residential District,
subject to the issuance of a special use permit and site plan approval
as provided in Appendix A, Schedule of District Use Regulations, as
amended, of this chapter.[1] In addition to conditions imposed by the Planning Board
for the issuance of said special permit and site plan approval, such
offices shall meet the following conditions:
(1)
Such offices shall be limited in size to no more than 12 employees.
The number of permitted employees will be directly related to the
amount of parking space which is available on the proposed site which
can be adequately screened from view by neighboring owners. Parking
on the street should not be permitted.
(2)
In the Hamlet Mixed-Use District, such offices may only be permitted
on lots which have a boundary on a state or county highway of at least
the minimum frontage distance required for building lots in the subject
district.
(3)
In the RH-1 Residential District, such offices may only be permitted
on lots of not less than three acres and which are no further than
200 feet from a state highway.
(4)
In the RH-1 Residential District, only one unilluminated identifying
sign, no greater than two square feet in size, shall be permitted
on the building itself.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
No private camp shall be placed less than 250 feet from any
property line except where the property line is the shore of a lake.
No sewage disposal facility shall be closer than 100 feet from any
lake, pond, watercourse, or wetland. No building, whether principal,
accessory, or temporary, or sewage facility shall be within 100 feet
of the shoreline of any watercourse or within 100 feet of a wetland
or, if subject to flooding, within 10 feet beyond its flood line.
No building or sewage facility shall be within 100 feet of any watercourse
or wetland which flows into a reservoir used for public water supply
purposes.[1]
[1]
Editor's Note: Original Sec. 327.A, Private Cemeteries or
Burial Plots, added 6-11-1998 by L.L. No. 1-1998, which immediately
followed, was repealed 10-11-2007 by L.L. No. 3-2007, and Sec. 328,
Wetlands and Watercourses, which immediately followed, was repealed
5-12-2011 by L.L. No. 1-2011.
No person, firm, or corporation shall strip, excavate, or otherwise remove topsoil for sale or for use other than on the premises from which such topsoil is removed. Stripping of topsoil may be allowed by special permit granted by the Planning Board in connection with the construction or alteration of a building and excavation or grading incidental thereto, provided that such topsoil is located on the same premises and that a certified erosion and sedimentation control plan is approved pursuant to § 165-46 of this chapter.
A.
Purpose and intent. This section authorizes, upon issuance of a special
permit, the conversion of barns or other accessory buildings in districts
where residential uses are permitted. The purpose and intent of permitting
conversion of barns or other accessory buildings is to:
(1)
Encourage the development of rental units in the Town to meet the
needs of smaller households, and to provide housing for families or
individuals with low to moderate income;
(2)
Provide homeowners, especially those of low and moderate income,
with rental income, companionship, security, and services, and the
means to enable them to stay more comfortably in homes and neighborhoods
they might otherwise have to leave;
(3)
Provide affordable housing units through the efficient use of the
Town's existing barns and other accessory buildings to help assure
housing for employees of local businesses and farms, while ensuring
healthy and safe living environments; and
(4)
Protect neighborhood stability, property values, and the rural character
of the Town by ensuring that the conversion of barns and other accessory
buildings does not increase overall density above that permitted in
the zoning district.
B.
Conditions and requirements. In order to be granted a special permit
to convert a barn or other accessory building for housing purposes,
the following criteria and requirements must be met:
(1)
The building proposed for conversion must have been in existence
on January 1, 1989.
(2)
The minimum size of a residential unit within a converted barn or
accessory structure must be 800 square feet.
(3)
Barns or other accessory buildings converted to housing must meet the requirements of Article VI, Supplementary Off-Street Parking Regulations, of this chapter.
(4)
The barn or accessory structure converted to residential use must
be on the same lot as a principal dwelling.
(5)
The barn or accessory structure converted to residential use shall
not be subdivided onto a separate lot unless the lot and the barn
or accessory structure satisfies the bulk and area requirement of
Appendix B of this chapter,[1] or the cluster subdivision requirements of § 165-53 of this chapter, and of Chapter 137, Subdivision of Land, § 137-28. No area variances to permit such subdivisions shall be granted if the structure was constructed or converted to residential use after December 27, 1989. Such construction or conversion shall constitute a self-created hardship or practical difficulty.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
(6)
Only one barn or accessory structure may be converted by right to residential use on a single lot. The Planning Board may issue a special permit for the conversion of up to three barns or accessory structures on a single lot where the Board finds that such additional conversion(s) will not adversely affect the value of adjoining and nearby property. In issuing special permits for such additional conversions, the Board shall make specific findings regarding the proposed conversion(s) in accordance with the standards of § 165-119 of this chapter.
(7)
The water supply and sewage disposal systems serving any converted
barn or accessory structure as permitted herein may be shared with
the principal dwelling on the same lot where such sharing is allowed
by the Health Department. All individual and shared water supply and
sewage disposal facilities shall be approved, constructed and maintained
in accordance with Health Department requirements.
The Town hereby finds that the creation of accessory attached
or detached housing is consistent with maintenance of the rural character
of the Town where such housing meets the following criteria:
A.
Accessory residential housing is allowed by special permit issued by the Planning Board in accordance with the requirements for special permits as set forth in § 165-116 of this chapter. In addition, such application for a special permit shall be accompanied by floor plans (at 1/4 inch equals one foot scale) for the structure, with dimensions specified, and facade drawings of the exterior (at 1/4 inch equals one foot scale).
B.
Accessory residential housing shall be provided on the same lot as
the principal dwelling and may be later subdivided or separated onto
its own lot only where the subdivision of such housing meets the strict
requirements of area and bulk requirements of the zoning district
affecting the property.
C.
Accessory residential housing is permitted only on lots where the
owner resides.
D.
The water supply and sewage disposal systems serving any accessory
residential housing as permitted herein may be shared with the principal
dwelling on the same lot where such sharing is allowed by the Health
Department.
E.
Only one accessory residential housing unit per lot is permitted. Such a unit shall maintain the minimum acreage density for a single-family residence in the zoning district in which the lot is located. For example, the minimum acreage density for an accessory residential housing unit and a principal structure in the ten-acre zones shall be 20 acres. The minimum acreage density for an accessory residential housing unit and principal structure in the five-acre zones shall be 10 acres. If an accessory residential unit is built on a lot containing a barn or accessory structure previously converted to residential use under § 165-41 of this chapter, the minimum acreage density for all of the residential units on the property shall not be less than the minimum acreage density for three single-family residences in the applicable zoning district.
F.
Accessory residential housing is allowed in the R Residential Districts
only. For lots located in the one- and two-acre zones, the minimum
acreage density shall be the same as those of the five-acre zones.
This section shall not bar the Town Zoning Board of Appeals from considering
an application for relief from these area requirements.
A.
Purpose. The general purposes of this provision are to set forth
standards to control the location, size, number, and lighting of signs
located in all districts in order to avoid conditions of clutter and
unsightliness. The specific purposes of this sign provision are to:
B.
Criteria and standards. Signs may be erected and maintained on the
premises only when in compliance with the following criteria and standards:
(1)
Nonilluminated, nonadvertising signs, as specified below, are permitted
on premises in all districts:
(a)
Nameplates and identification signs not to exceed two square
feet in area;
(b)
Sale or rental signs not to exceed six square feet in area;
(c)
Institutional signs not to exceed 20 square feet in area; and
(d)
Temporary development signs during construction, repairs, or
alterations not to exceed two in number with each not to exceed six
square feet in area.
(2)
Illuminated, nonadvertising signs shall be permitted on premises
in nonresidential districts, provided such signs shall employ only
lights emitting a light of constant intensity. Further:
(a)
No sign shall be illuminated by or contain flashing, intermittent,
rotating, or moving light or lights;
(b)
An illuminated sign or lighting device shall not be placed or
directed so as to permit the beams and illumination to be directed
or beamed upon the public street, highway, sidewalk, or adjacent premises
so as to cause glare or reflection that may constitute a nuisance
or a traffic hazard;
(c)
No more than two signs shall be permitted for each business
on the premises;
(d)
Attached signs shall not cover more than 10% of the fronts surface
of a building; and
(e)
Detached signs shall not exceed 20 square feet in area and lettering
shall not occupy more than 70% of the face of a detached sign.
(3)
Neon-type lighted signs and signs with moving parts shall not be
permitted.
(4)
No signs shall be placed on the roof of any building, and any sign
erected or maintained in the window of a building, visible from any
public or private street or highway, shall not occupy more than 30%
of the area of said window.
(5)
No sign or part thereof shall contain or consist of banners, posters,
pennants, ribbons, streamers, spinners, or other similar moving, fluttering,
or revolving devices. Said devices, as well as strings of lights,
shall not be used for the purpose of advertising or attracting attention
when not part of a sign.
(6)
No signs shall use dayglow-type 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 products
sold on the premises shall be removed by the owner of the premises
upon which sign is located after written notice is provided for removal
and within 30 days of the date of such notice.
(8)
In the event a sign is erected prior to the effective date of this
chapter, which sign does not conform with the provisions and standards
of this chapter, the sign or structure will be permitted to stand
for a period of three years, at which time the sign must be replaced
to meet the provisions of this chapter or removed, except if the sign
has historical significance to the Town and is so designated.
(9)
Only one flush-mounted or freestanding, nonilluminated sign, not
over two square feet in area, is permitted per dwelling unit where
a home occupation is conducted. The legend on the sign shall show
only the name of the occupant and type of home occupation.
C.
Criteria for increased sign area. To encourage design excellence,
the maximum sign areas for certain business, industrial, marquee,
and directory signs 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 area limitation.
(1)
Ground signs may be increased as follows:
(a)
When the sign is constructed of solid wood and uses only the
colors approved by the Zoning Administrator: 20%;
(b)
When a directory sign utilizes uniform coloring and lettering
for all establishments listed in the directory, except the one major
facility: 10%;
(c)
When the sign is installed in a landscaped planter having an
area four times the area of the resultant sign and the entire design
is approved by the Zoning Administrator: 20%;
(d)
If the sign is not designed or used with illumination: 10%;
and
(e)
If the sign face is made from unbreakable material: 5%.
(2)
Facial signs may be increased as follows, but only if the projection
of the sign does not exceed 12 inches:
(a)
When all the lettering and background is uniform in style and
color for signs in a shopping center or for any three consecutive
separate establishments: 10%;
(b)
If the sign is not designed or used with illumination: 10%;
(c)
If the facial sign is the only sign identifying the establishment
or its principal product: 10%;
(d)
If the sign is designed to contain only the identification of
the establishment without advertisement of any products sold on the
premises: 10%; and
(e)
If the sign face is made from unbreakable material: 5%.
D.
Maximum sign area. Notwithstanding any provision of this section
to the contrary, no sign shall be greater than 100 square feet in
area.
E.
Billboards shall be prohibited.
A.
Purpose.
(1)
The Town of Washington requires clay, sand, silt, gravel, and rock
for construction purposes. Facilities to contribute to the supply
of these materials within the Town are necessary to support construction
activity in a cost-effective manner. Providing a reasonable supply
of competitively priced extractive materials is a goal of the Town.
(2)
Residents of the Town of Washington are substantially dependent on
groundwater supplies for domestic use. The protection of this critical
resource is a goal of the Town which must not be compromised by any
extractive use operations.
(3)
While the Town of Washington wishes to contribute to the continued
supply of soil mining materials, it believes that it must protect
the health and welfare of its residents by confining soil mining to
certain specific zones where soil mining will be a specially permitted
use along with the several other uses permitted in those zones. The
Town has concluded that the best way to achieve its goals is to permit
soil mining at certain locations currently in operation with some
room for expansion.
(4)
The health of the residential, agricultural, and business community
in the Town of Washington is an essential goal of the Town. This goal
requires that adverse effects to the environment, such as excessive
noise and dust, degradation of water resources, and other hazards
to the public, be mitigated or avoided entirely. These standards are
designed to work in conjunction with Environmental Conservation Law
(ECL), § 23-2701 et seq., of the Consolidated Laws of New
York.
(5)
The Town recognizes that processing is an integral part of the soil
mining process. However, the Town is also mindful that processing
is one of the more invasive of the activities that is part of the
soil mining activity in terms of noise and other environmental hazards.
If the processing of all soil mining products is permitted in the
designated zones, that will give soil mines a potential for a life
well beyond the exhaustion of materials available from the site where
the processing machinery is located. It is the Town's intention not
to permit this to occur by providing that the permitted uses in the
zones where soil mining is permitted does not include the processing
of materials not mined at the subject site. It is believed that this
approach will address the Town's desire and need for soil mining material
at reasonable costs while at the same time protecting the health and
welfare of its residents by limiting the life of permitted soil mining
activities to a period consistent with the continued availability
of material to be mined at the site. The Town considers the processing
of material taken from other sites to be an industrial activity and
not included within the uses permitted in the zones where soil mining
is a permitted use.
(6)
While state law has denied to the Town the power to regulate the
reclamation of land used for soil mining, it is the purpose and intention
of the Town to make full use of special permit powers granted to it
by state law. To protect the health and welfare of its residents and
to achieve the goals of the Town as stated above, it is the intention
of the Town that the special permit powers described herein be utilized
to the full extent permitted by law.
B.
Exemptions. The following, to the extent specified herein, are exempt
from the permitted zone requirements of this section:
(1)
Excavation in conjunction with utility installation which is to be
backfilled;
(2)
Excavation in conjunction with road construction within the limits
of the right-of-way or slope rights of any Town, county, or state
highway or for the sole purpose of building roads and slopes incidental
thereto which lie within the area of a subdivision approved by the
Planning Board;
(3)
Excavation which by its nature lasts for a matter of hours or days,
e.g., graves, septic tanks, swimming pools, etc., and does not involve
removal of material from the property;
(4)
Agricultural drainage work incidental to agricultural operations,
including farm ponds, if no material is removed from the property;
(5)
Excavation for structures, parking areas, and rights-of-way;
(6)
Regrading of property for aesthetic purposes that does not affect
existing drainage, if no material is removed from the property;
(7)
Dredging operations under the jurisdiction of the United Stated Army
Corps of Engineers and other governmental entities;
(8)
Excavation in conjunction with the drainage maintenance or improvements
under county or state jurisdiction;
(9)
The improvement of a single lot or parcel of land in connection with
construction of a dwelling, multifamily dwelling, building, or any
other structure or structures for which a building permit has been
issued; and
(10)
The excavation, in any calendar year, of not more than 100 cubic
yards of material from each 40,000 square feet of lot area, provided
that no more than 600 cubic yards of material may be removed from
any parcel in any calendar year.
C.
Location. Quarrying or soil mining may be permitted, pursuant to
ECL § 23-2711 of the Consolidated Laws of New York, in the
RS-5 and RS-10 Zoning Districts only subject to the issuance of a
special use permit by the Town Planning Board.
D.
Special use permits.
(1)
No soil mining activity shall be conducted within the Town without
the issuance of a special use permit.
(2)
The authority to grant special use permits to soil mining applicants
is granted to the Town Planning Board.
(3)
In addition to the special use permit filing fees, the applicant
shall pay the costs of all independent technical assistance which
the Planning Board may deem advisable in reviewing and acting upon
the application for the special use permit, including, without limitation,
engineering, legal, and land planning and environmental assistance.
The Planning Board may require a deposit from the applicant to apply
against these anticipated costs and may require additions to that
deposit from time to time as a condition of the issuance of the special
use permit.
(4)
The application shall take such form as specified by the Planning
Board from time to time. An application for a special use permit shall
not be complete unless it is accompanied by the requisite filing fee,
a complete copy of the application to the New York State Department
of Environmental Conservation for a mining permit, including all maps,
reports and documentation incidental thereto, and the mining permit
which has been issued by the Department in relation to the subject
operation. An application for a special use permit shall not be acted
upon by the Planning Board unless the location of the proposed activities
lies entirely within the boundaries of a zone where soil mining is
a permitted use or a variance has been obtained from the Town Zoning
Board of Appeals for any land not within said zones.
(5)
The Planning Board shall hold a public hearing on any application
prior to its issuance. Such hearing shall be held not later than 62
days after receipt of a completed application by the applicant including
all filing fees. The applicant shall cause such hearing to be advertised
in a newspaper of general circulation in the area at least five days
prior to such hearing date and shall give actual notice by certified
mail, return receipt requested, to all adjoining landowners. Proof
of compliance with these notice requirements shall be filed by the
applicant with the Planning Board prior to the public hearing. The
Planning Board shall issue its special use permit within 62 days after
the completion of the public hearing, including all adjournments.
The special use permit shall be subject to the following conditions
which shall be established by the Planning Board and shall be set
forth in the special use permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(a)
Any limitations or prohibitions on the use of Town roads for
the purpose of ingress and egress to and from the mining site to and
from public thoroughfares.
(b)
Any limitations or prohibitions on the routing of mineral transport
vehicles on Town roads.
(c)
All of the limitations, requirements and conditions as specified
in the applicant's mining permit issued by the New York State Department
of Environmental Conservation concerning setback from property boundaries
and public thoroughfare rights-of-way, natural or man-made barriers
to restrict access, if required, dust control and hours of operation.
(d)
The ability of the Town to enforce all of the reclamation requirements
contained in the applicant's mined land reclamation permits issued
by the New York State Department of Environmental Conservation.
(6)
It is the intention of this chapter to obtain and this chapter does,
therefore, include all power and authority granted by New York State
law to the Town to enforce all conditions of an applicant's mining
permit, any special use permits hereunder and the conditions of the
applicant's mined land reclamation permit.
No person, firm, or corporation shall cut, construct, or locate
any driveway entrance or exit onto a public road of the Town of Washington
without having first received permission so to do from the Town Superintendent
of Highways in the case of Town roads, the Dutchess County Department
of Public Works in the case of county roads, and the New York State
Department of Transportation in the case of state highways.
A.
Emergency housing. The erection of emergency housing may be allowed by special permit where the Zoning Board of Appeals finds that unusual or unforeseen circumstances necessitate the establishment of such emergency housing to accommodate the needs of individuals or a family which has lost their home because of fire or natural disaster, to provide additional living space for aged and/or medically indigent persons who need to be housed in proximity to relatives that can provide necessary care, or to furnish on-site accommodations for persons who must be housed close to an aged and/or medically indigent member of the family requiring their care. Issuance of a special permit for such housing shall be subject to the provisions of § 165-116, Special permits, of this chapter and the following conditions:
(1)
Applicant must show that an emergency exists and that no other suitable
housing is available.
(2)
Occupancy of such housing shall be limited to the applicant or applicants
and their immediate family members, that is, the mother, father, sister,
brother, son, daughter, mother-in-law, father-in-law, aunt, uncle,
or first cousin of the applicant.
(3)
Special permits for emergency housing shall be temporary and shall
expire at the end of the calendar year following the date of issuance.
The applicant may apply for renewal annually.
(4)
A mobile home, to be eligible for emergency housing use, must have
two exterior doors.
(5)
Emergency housing shall not be placed within the front and side yards
required by this chapter.
(6)
Any such housing shall be removed within three months of the date
when the conditions upon which the permit was issued cease to exist
or upon order of the Zoning Board of Appeals.
B.
Temporary housing, field offices, or storage during construction.
(1)
Single and individual mobile homes may be allowed outside mobile
home parks by special permit if the Zoning Board of Appeals finds
that they are situated on a construction site in a residential district
where a building permit has been obtained and the mobile homes are
to be used or intended to be used for residential or living purposes,
a field office, or storage purposes.
(2)
Issuance of a special permit for such temporary housing, field office, or storage use shall be subject to the provisions of § 165-116, Special permits, of this chapter and the following additional conditions:
(a)
Applicant must demonstrate that the premises on which the mobile
home shall be sited is a bona fide and active construction site as
evidenced by a valid and current building permit.
(b)
A special permit shall be required for each individual mobile
home on each lot.
(c)
Only one mobile home is allowed on any one building lot.
(d)
Special permits for temporary housing, field office or storage
use shall be valid for a period of one year from date of issuance
or the cessation of construction activity or obtaining a certificate
of occupancy, whichever is earlier.
(e)
If construction activity on such premises continues for a period
exceeding one year, such permit may be renewed for a maximum of two
consecutive one-year periods following the first year, provided any
such renewal shall automatically cease upon cessation of construction
activity. If the special permit is not renewed for an additional one-year
period, the mobile home shall promptly be removed by the owner from
the premises.
(f)
The location of the mobile home shall be determined by the Zoning
Board of Appeals. The Zoning Board of Appeals shall consider the recommendations,
if any, of the Building Inspector and the Zoning Administrator and
the locations of the premises, adjacent properties and structures,
nature of construction activities, surrounding development (both existing
and proposed), and the purpose for which such mobile home is to be
used or occupied.
(g)
If the mobile home shall serve as a temporary residence or field
office, it shall be properly served with adequate sewage, water, and
drainage facilities.
(3)
Changes or additions. No person shall make structural changes or
erect additions to a mobile home allowed by a special permit pursuant
to this section for the purpose of converting it into a permanent
dwelling, nor shall any mobile home be dismounted.
(4)
Compliance. Any special permit for temporary housing shall be voided
upon the failure of the permittee to conform to this chapter, any
conditions of the permit, or the Dutchess County Health Code. A voided
permit shall not be reinstated.
(5)
Except as provided herein and unless specifically permitted in a
specific district, trailers are not permitted in any district, whether
they be for a home-related use, storage, office, classroom or any
other purpose.
A.
Activities requiring a certified erosion and sediment control plan.
A separate soil erosion and sediment control plan shall be submitted
to the Planning Board with any application for a special permit, site
plan approval, or subdivision when the disturbed area of such development
is cumulatively more than 1/2 acre or within any application to strip
topsoil, regardless of the acreage.
B.
Exemptions. A single-family dwelling that is not a part of a new
subdivision of land, or any activity directly related to agricultural
production, shall be exempt from these soil erosion and sediment control
regulations.
C.
Erosion and sediment control plan. To be eligible for certification,
a soil erosion and sediment control plan shall contain proper provisions
to adequately control accelerated erosion and sedimentation and reduce
the danger from stormwater runoff on the proposed site based on the
best available technology. Such principles, methods, and practices
necessary for certification are found in the Dutchess County Soil
and Water Conservation District's Soil Erosion and Sediment Control
Guidebook. Alternative principles, methods, and procedures may be
used with prior approval of the Planning Board. Said erosion and sediment
control plan shall contain, but not be limited to, the following:
(1)
A narrative describing:
(a)
The proposed development;
(b)
The schedule for grading and construction activities, including:
(c)
The design criteria for proposed soil erosion and sediment control
measures and stormwater management facilities;
(d)
The construction details for proposed soil erosion and sediment
control measures and stormwater management facilities;
(e)
The installation and/or application procedures for proposed
soil erosion and sediment control measures and stormwater management
facilities; and
(f)
The operation and maintenance of proposed soil erosion and sediment
control measures and stormwater management facilities.
(2)
A site plan map prepared in accordance with the requirements of § 165-125, Site plan review and approval, of this chapter, which shall include the following additional requirements:
(a)
The proposed following alterations, including cleared, excavated,
filled, or graded areas and proposed structures, utilities, roads,
and, if applicable, new property lines;
(b)
The location of and design details for all proposed soil erosion
and sediment control measures and stormwater management facilities;
(c)
The sequence of grading and construction activities;
(d)
The sequence for installation and/or application of soil erosion
and sediment control measures; and
(e)
The sequence for final stabilization of the development site.
D.
Minimum acceptable standards.
(1)
Plans for soil erosion and sediment control shall be developed in
accordance with this section using the principles as outlined in Chapters
2, 3, 4, and 5 of the Soil Erosion and Sediment Control Guidebook.
Soil erosion and sediment control plans shall result in a development
that minimizes erosion and sedimentation during construction, is stabilized
and protected from erosion when completed, and does not cause off-site
erosion and/or sedimentation.
(2)
The minimum standards for individual measures are those in the Soil
Erosion and Sediment Control Guidebook. The Planning Board may grant
exceptions when requested by the applicant if technically sound reasons
are presented.
E.
Issuance or denial of certification.
(1)
The Planning Board shall either certify that the soil erosion and
control plan, as filed, complies with the requirements and objectives
of this section, or deny certification when the development proposal
does not comply with this section.
(2)
Prior to certification, any plan submitted to the Planning Board
may be reviewed by the Dutchess County Soil and Water Conservation
District which may make recommendations concerning such plan, provided
such review shall be completed within 30 days after the receipt of
such plan.
(3)
The Planning Board may forward a copy of the soil erosion and sediment
control plan and related site plans to the Conservation Advisory Commission
or other board or consultant for review and comment.
F.
Conditions relating to soil erosion and sediment control.
(1)
The estimated costs of measures required to control soil erosion
and sedimentation, as specified in the certified plan, may be covered
in a performance bond or other assurance acceptable to the Planning
Board.
(2)
Site development shall not begin unless the soil erosion and sediment
control plan is certified and those control measures and facilities
in the plan scheduled prior to site development are installed and
functional.
(3)
Planned soil erosion and sediment control measures and facilities
shall be installed as scheduled according to the certified plan.
(4)
All erosion and sediment control measures and facilities shall be
maintained in a condition which ensures compliance with the certified
plan.
G.
Inspections. Inspections shall be made by the Zoning Administrator
during development to ensure compliance with this section and ensure
that control measures and facilities are properly performed, installed,
and maintained. The Planning Board may require the applicant to verify
through progress reports that soil erosion and sediment control measures
and facilities have been performed or installed according to the certified
plan and are being operated and maintained properly.
Junkyards shall be prohibited in all districts. No display,
storage, or collection of junk shall be permitted outside of a building.
No more than one junk car or unregistered historical automobile shall
be permitted in any district, and such vehicle shall be stored as
follows:
A.
In a garage, barn or fully enclosed carport; or
B.
In the rear yard of the property, if fully screened from the visibility
of adjoining properties or public roads. The determination of whether
the junk car or unregistered historical automobile is fully screened
is in the sole discretion of the Zoning Administrator.
During each calendar year, a property owner shall be allowed
to place one unregistered vehicle, which must be owned by him/her,
in his/her yard, for the sole purpose of selling such vehicle. The
vehicle must have a "for sale" sign placed on the car and such sign
shall be no larger than 120 square inches.
All outdoor auto restoration operations, storage, and facilities
must be in a location that is not visible from adjoining properties
or public roads.
A.
Pickup trucks, vans and other similar vehicles that require commercial
registration, but are not used for commercial purposes and do not
exceed 5,500 pounds in curb weight, may be parked on a regular basis
in a residential district, subject to the same restrictions as are
imposed on the parking of family passenger vehicles. "Curb weight"
shall mean the weight of the vehicle without any load.
B.
Commercial vehicles that are used in connection with one's livelihood,
but not in connection with any illegal business use of a residence
and do not exceed 8,000 pounds in curb weight, shall be permitted
to park in a residence district on a regular basis subject to the
following restrictions:
(1)
There shall be no parking within the right-of-way of any roadway.
(2)
Such vehicles must be used on a regular basis in relation to the
occupant's employment responsibilities.
(3)
The occupant shall produce, upon request of the Zoning Administrator,
an affidavit stating the occupant's place of employment and attesting
to the requirement of driving the vehicle to and from this same place
of employment. This affidavit shall be signed by the occupant's employer.
(4)
Vehicle engines shall not be left idling for a warmup period during
the hours between 10:00 p.m. and 7:00 a.m.
(6)
All parking must be set back from side and rear yard property lines
at whatever distance is required for accessory buildings in the residential
district in which the premises is located.
(7)
All parking areas and access drives thereto must have a pavement
or an improved surface similar to the driveway surface.
(8)
Parking areas shall be screened as necessary from property and properties
adjacent to it. This determination shall be made by the Zoning Administrator.
(9)
The following classes of vehicles shall be prohibited from parking
on a regular basis in any residential district, except that they may
be temporarily parked in connection with any lawful exercise of their
use:
C.
Farm and agriculturally related commercial vehicles located on agricultural
residential parcels and owned by the property owner are exempt from
this chapter.
D.
Nonresidential uses in the H District (as specified in Appendix B
of this chapter[1]) are exempt from this chapter, provided commercial vehicles
are parked in conformity with a site plan approved by the Planning
Board.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
Shooting preserves shall provide adequate area to safely control
and maintain any projectile discharged within the boundaries of the
property. Such facilities shall meet the standards of the American
Trap Association, National Skeet Shooting Association, National Rifle
Association, or other appropriate sport shooting organization.
A.
Policy and authority.
(1)
Statement of policy. The Town of Washington hereby establishes a policy of encouraging the use of open space subdivisions to preserve open space, agricultural land, aquifers, and other environmental resources identified in the Town of Washington Master Plan, and to harmonize new development with the traditional open, wooded, agricultural and hamlet landscapes of the Town. Any person or entity subdividing or developing land in the Town shall follow the principles and procedures contained in §§ 165-52 through 165-53 of this chapter and in applicable sections of Article VI, Chapter 137, Subdivision of Land. These principles allow the Planning Board to modify applicable provisions of Appendix B (Schedule of Area and Bulk Regulations)[1] in order to preserve open space and encourage more sensitive and efficient development patterns than would be possible by strict adherence to the Appendix B specifications. The procedures contained in § 137-27B of Chapter 137, Subdivision of Land, also authorize the Planning Board to require a cluster plan.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
(2)
Grant of authority. The Town Board of the Town of Washington hereby grants to the Planning Board of the Town of Washington the authority to modify applicable provisions of this chapter as they apply to a specific plat, including the authority to require an applicant to modify a plat in a manner consistent therewith. To the extent that any provisions of §§ 165-52 through 165-53 of this chapter are inconsistent with the Town Law, § 278, of the Consolidated Laws of New York, the Town Board of the Town of Washington hereby declares its intent to supersede those sections of the Town Law, pursuant to its home rule powers under Municipal Home Rule Law, Article 2, § 10 et seq.
B.
Purposes. This section encourages flexibility in the design and development
of land in order to promote its most appropriate use and to preserve
as permanent open space, agricultural land, important natural features,
wildlife habitat, water resources, ecological systems, and scenic
areas for the benefit of present and future residents. A cluster subdivision
plan may involve grouping development on one or more portions of a
parcel, modifying road design and frontage requirements in return
for very-low-density and permanent open space preservation measures,
or a combination of these approaches. Cluster subdivisions shall achieve
the following specific purposes:
(1)
Long-term protection of natural and specific resources identified in the Master Plan, Chapter 137, Subdivision of Land, and this chapter;
(2)
Compatibility with surrounding land uses and the overall character
of the area;
(3)
Provision of adequate setbacks and visual buffers from adjoining
properties;
(4)
Contribution to Townwide open space planning by creating a system
of permanently preserved open spaces providing linkages between existing
open space areas;
(5)
Preservation of land suitable for active agriculture, particularly
where the open space subdivision borders active agricultural land
or land suitable for agriculture, and preservation of contiguous tracts
of agricultural soils of prime or statewide importance;
(6)
Protection of groundwater and surface water, regulated wetlands,
steep slopes, floodplains or unique areas of natural, scenic or historic
significance;
(7)
Mitigation of significant environmental impacts identified through
application of the State Environmental Quality Review Act requirements;
(8)
Reduction of the number of new roads or driveways obtaining access
from existing public roads and reduction of the amount of new road
that may be required to be dedicated to the Town;
(9)
Protection of critical environmental areas designated by the Town
Board;
(10)
Preserve large tracts of contiguous open space within subdivisions
of 100 acres or larger.
C.
Preservation of open space in cluster subdivisions. A cluster subdivision accomplishes the purposes in § 165-52B above by reducing the lot size and bulk requirements contained in this chapter and by clustering homes in those areas where development will have the least impact on identified environmental resources. The resulting open space resources shall then be permanently preserved through the use of conservation easements. The cluster principle can be applied not only to large subdivisions but also to subdivisions of four or fewer lots ("miniclusters"), enabling the subdivided lots to be smaller than zoning would normally require, provided that compensating buildable land is placed under open space conservation easement to maintain the overall density at or below the level permitted by this chapter.
D.
Applicability. This section shall be applicable only to land parcels zoned for residential uses, including areas subject to EP designation and areas included in the APO and AQ Overlay Districts. In order to increase design flexibility, two or more contiguous parcels of land separated by a Town, county, state or private road may be grouped together as one open space subdivision, if the Planning Board finds that such grouping will benefit the Town and will help to fulfill the purposes listed in § 165-52B.
A.
Application procedures. All residential cluster developments shall be subject to § 165-125, Site plan review and approval, and the Planning Board's regulations under Article VI, Chapter 137, Subdivision of Land. It is in the best interest of the applicant and the Planning Board to determine the applicable development pattern at the earliest possible time.
(1)
Concept plan. The applicant shall submit the land inventory information required under § 137-21P of Chapter 137, Subdivision of Land, at the conceptual plan stage to assist the Board in making such a judgment. The Planning Board may also hold a public hearing on the conceptual plan and may refer the conceptual plan application to the Conservation Advisory Committee. The decision to require or to permit a cluster subdivision is at the sole discretion of the Planning Board.
(2)
Required plans. An application for cluster development shall include all plans and materials required for a conventional subdivision. The maximum number of residential lots that may be permitted and approved within a cluster development shall not exceed the maximum number of lots capable of being developed within a conventional subdivision layout of the same property. Lots shown on the conventional conceptual layout shall be fully consistent with the lot, area and bulk requirements for the zoning district in which the land is located, and all applicable requirements of Article VI, Chapter 137, Subdivision of Land.
B.
Cluster development standards.
(1)
Determination of development density and minimum acreage. The number
and location of residential units permitted as part of a cluster subdivision
development shall be as determined as follows:
(a)
Regulatory compliance. The Planning Board shall review the conventional subdivision plan required in Subsection A above and shall determine the number of building lots or dwelling units that could be practically created pursuant to said plan. In making such determination, the Planning Board shall consider the requirements of Article VI, Chapter 137, Subdivision of Land, the Town Zoning Law, the requirements of the New York State Department of Transportation, the Dutchess County Departments of Health and Public Works, and the Town of Washington Highway Superintendent, as well as the limitations of soils, topography, wetlands and other environmental features, but not including the limitations imposed by the APO Overlay District.
(b)
Maximum density. The maximum developed density of a cluster subdivision shall not exceed one single-family unit per lot. The Planning Board may allow two-family dwelling units so long as the overall density for the development does not exceed the total density calculation if each proposed lot were developed for single-family residential use. Any regulations contained in this chapter restricting the number of single-family dwelling units permitted in a conventional subdivision shall also restrict the number of dwelling units permitted in a cluster development, including any limitations imposed by Article IX, Wetlands and Watercourses, herein.
(c)
Prohibited construction. In approving the design of a cluster
development the Planning Board shall require that no construction
or development (i.e., roads, structures, utilities, etc.) shall occur
in or on regulated wetlands (including associated buffer/setback areas),
stream corridors (including associated buffer/setback areas), floodplains,
critical environmental areas, or on slopes of greater than 15%. The
allowable density of a cluster development may be reduced where the
Planning Board finds such a reduction is necessary to avoid disturbance
of these sensitive areas and assure compliance with the cluster development
standards stated herein.
(d)
APO District layout. In the APO District, the building lots on a parcel shall be laid out and the residences shall be sited in a manner consistent with the standards established in § 165-25G of this chapter.
(e)
Existing structures. A proposed cluster plat may be denied where the Planning Board finds that the location of proposed boundary lines, relative to the existing structures and proposed new lots and adjoining property, or the location of proposed means of ingress and egress for the existing structures, relative to proposed new lots and adjoining property, do not meet the intent of § 165-52B of this chapter.
(f)
Minimum acreage per lot. The minimum land area for each residential
lot created as part of a cluster subdivision is one acre where the
lots are served by individual water supply and/or sewage disposal
systems, and 1/2 acre where the lots are served by both central water
supply and sewage disposal systems.
(2)
Location of open space. The Planning Board is authorized to require
the reconfiguration of a cluster subdivision to ensure that the open
space(s) to be protected under the plan consist of large contiguous
land tracts unbroken by intervening lots, structures, roads or driveways.
(3)
Private roads. Notwithstanding the requirements of § 165-55, Private roads, of this chapter, the Planning Board is hereby authorized to allow the use of private roads to access lots within a cluster subdivision development and to modify, as required, the otherwise required road frontage for such cluster lots along the private road. Where the Planning Board permits use of a private road to access the cluster subdivision, the following provisions shall apply:
(a)
The private road shall have only one access onto a public highway.
The Planning Board may require this access to be configured as a divided
road with a landscape median strip with two separate lanes providing
travel in one direction or in such other configuration as the Board
may deem necessary to adequately service the subdivision and protect
the public health, safety and convenience.
(b)
Flag lots and rear lots, as defined in this chapter and Chapter 137, Subdivision of Land, are prohibited on private roads. The Planning Board shall require that all lots of a proposed subdivision must access the private road.
(c)
An application for a private road subdivision shall be referred
to the Town Highway Superintendent who, after consultation with the
Town Engineer, shall make a recommendation to the Planning Board supporting,
denying or conditioning the use of a private road. A negative recommendation
would require a super majority vote and supporting statement of the
Planning Board to allow the use of the private road. The application
shall also be referred to the local fire company for review and comment.
(d)
The deed to each lot of a subdivision accessed via a private
road shall contain an unconditional waiver of any right to offer or
seek dedication of the private road to the Town and shall contain
a covenant against further subdivision of any lot in the subdivision.
Additionally, the deeds shall contain a covenant against any other
use of the private road corridor by lease, assignment, sale or license
by any landowner.
(e)
The boundary of each lot within a subdivision served by a private
road shall extend to the center line of the private road with a right-of-way
for ingress and egress across the private road granted to each lot
within the subdivision.
(f)
The length of a private road shall generally not exceed 3,500
feet.
(g)
Street names shall be subject to the approval of the Town and
the county (i.e., 911 emergency service). The location of bus stops
and mailboxes shall be shown and approved by the Town Highway Superintendent,
the Town Engineer and/or the appropriate state or county highway authority.
(h)
Private roads shall be constructed in accordance with the plans
approved by the Town Highway Superintendent and the Town Engineer.
In reviewing the proposed plans for construction of a private road,
the Highway Superintendent and the Town Engineer shall be guided by
the private road construction criteria of the Town, and shall be satisfied
that the proposed private road will be adequate to assure safe, continuous
access for residents and emergency vehicles.
(i)
The Planning Board may require the applicant to post a bond,
in an amount to be set by the Highway Superintendent and the Town
Engineer, sufficient to assure the construction and maintenance of
the private road. Upon completion, the applicant's professional engineer
shall certify to the Planning Board, the Highway Superintendent and
the Town Engineer that the private road (or part thereof) was constructed
in accordance with the approved plans. Additionally, the applicant's
professional land surveyor shall provide the Planning Board, the Highway
Superintendent, the Town Engineer and the Building Inspector with
a certified as-built survey of the private road. No certificate of
occupancy may be issued for any structure on any lot served by the
private road until the Planning Board, the Highway Superintendent
and the Town Engineer have received the applicant's engineer construction
certification and certified copies of the as-built survey of the private
road.
(j)
The maintenance and repair of the private road shall be subject
to a private road maintenance agreement binding all property owners
equally, which agreement shall be approved by the Town Attorney.
(4)
Common driveways. Common driveway access to individual lots from
a public highway created as part of the cluster subdivision may be
provided to the extent considered practical by the Planning Board.
A common driveway may not be used to access more than three lots within
the cluster subdivision.
(5)
Pedestrian access. The Planning Board may require that the cluster
subdivision layout include sidewalks and trails for pedestrian circulation.
Such pedestrian access ways shall be designed and installed to meet
the needs of residents.
(6)
Architectural review. The architectural design and appearance of
principal and accessory structures to be constructed as part of a
cluster subdivision shall be in accordance with the Architectural
Review Standards of the Town. Until such time as the Town Board shall
act to create an Architectural Review Board, the Planning Board shall
act as the Architectural Review Board to administer the Town Architectural
Review Standards. This subsection shall have no force and effect until
the Town Board has adopted Architectural Review Standards for the
Town. Nothing herein shall be construed to limit or constrain the
ability of the Planning Board to review the architectural style and
type of proposed structures in a cluster development when conducted
as part of the Planning Board's environmental review of the action
under SEQRA.
(7)
Water supply and sewage disposal. Water supply and sewage disposal
facilities serving the cluster subdivision shall be designed by a
licensed professional engineer in accordance with Town and/or County
Health Department standards. The Planning Board may require well and
soil test data during review of the application for cluster subdivision
approval.
(8)
Utilities. All telephone, natural gas, electric and similar utilities
serving the cluster subdivision shall be located underground.
C.
Open space preservation requirements. All lands identified as having one or more of the features or characteristics identified in § 165-52B, herein, not included in a cluster development plat as building lots or roads, shall be set aside as permanent open space. The creation, preservation and management of open space to be protected as part of a cluster subdivision development shall be as follows:
(1)
Prohibited use. No portion of the minimum common open space, as defined in Subsection C(2) below, shall be used for roads, building lots, utility structures, driveways, or any principal or accessory structure.
(2)
Minimum open space. Common open space totaling not less than 70%
of the total cluster development land in the RR-10, RS-10, RL-5, and
RS-5 Districts, and not less than 50% of the total cluster development
land in the HM, RM-1 and RM-2 Districts, shall be protected, in perpetuity,
from development as provided herein. An applicant for cluster subdivision
approval shall present for Planning Board approval, a plan for maintenance
of the common landscape, recreation areas and roads created as part
of the cluster subdivision development. The plan shall provide for
minimal use of sand and salts on roads, herbicides, pesticides and
rodenticides and shall be prepared in accordance with accepted standards
for integrated pest management plans.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
Location of preserved open space. Open space set aside in a cluster
subdivision shall be permanently preserved as required by this section.
Land set aside as permanent open space shall be included as a portion
of one or more large parcels on which dwellings are permitted, provided
that a conservation easement is placed on such land pursuant to this
chapter and provided that the Planning Board approves such configuration
of the open space. Additionally, each lot created as part of the cluster
subdivision shall, at a minimum, be granted individual rights to enforce
the covenants and restrictions of the conservation easement protecting
and preserving the open space.
(4)
Preservation for agricultural use. On parcels subject to APO District regulations, open space shall be preserved for active agricultural uses only. "Active agricultural uses" are hereby defined as principal uses involving the ongoing business of growing of crops for cash sale, the raising of animals for cash sale, and the raising of animals for production of derivative products (i.e., dairy farming) for cash sale. Secondary open space uses include, but are not limited to, forestry, recreation, and conservation of water, plants, or wildlife, consistent with the purposes specified in § 165-25A of this chapter. Land preserved for agricultural purposes but not in active production shall be periodically mowed as specified by the Planning Board. On all parcels not subject to APO District regulations, open space uses shall be appropriate to the site, including but not limited to passive and active recreation (including trail use) and forestry.
(5)
Plat notations. Open space created by the use of open space subdivisions
must be clearly labeled on the final plat as to its use, ownership,
management, method of preservation, and the rights, if any, of the
owners in the subdivision to such land. The plat shall clearly show
that the open space land is permanently reserved for open space purposes
and shall contain a notation indicating the liber and page of any
conservation easements or deed restrictions required to be filed to
implement such reservations or restrictions.
(6)
Permanent protection of open space. Open space shall be protected by a perpetual conservation easement, restricting development of the open space land and allowing use only for active agriculture [as defined in Subsection C(4) above], forestry, active or passive recreation or protection of natural resources, pursuant to § 247 of the General Municipal Law and/or §§ 49-0301 through 49-0311 of the Environmental Conservation Law, shall be granted to the Town, with the approval of the Town Board, or to a qualified not-for-profit conservation organization acceptable to the Planning Board. Such conservation easement shall be reviewed and approved by the Planning Board and be required as a condition of plat approval hereunder.
(7)
Primary enforcement. The Planning Board may require that such conservation
easement be enforceable by the Town of Washington if the Town is not
the holder of the conservation easement.
(8)
Secondary enforcement. In addition to enforcement of the conservation
easement by a qualified not-for-profit organization, it is in the
Town's interest to allow private enforcement of the restrictions contained
in such a conservation easement because residents of the Town living
closest to the land protected by the conservation easement have the
greatest interest in enforcing it. The Town has determined that supplementing
the conservation easement with a legal instrument providing for private
enforcement of the restrictions in the conservation easement will
help to ensure long-term compliance with such restrictions. Therefore,
in addition to requiring a conservation easement in all cases as a
condition of approval of any cluster subdivision, the Planning Board
may also require the applicant to file in the Dutchess County Clerk's
office a separate declaration of restrictions or other legal instrument,
running with the land in perpetuity, conferring a private right of
enforcement of the substantive restrictions of the conservation easement.
Such declaration or other instrument shall contain the same restrictions
as the conservation easement and shall designate as parties who may
enforce such declaration or instrument all owners of lots within the
cluster subdivision, including properties separated from the proposed
subdivision by a public or private road or right-of-way.
(9)
Prohibited uses. The conservation easement shall prohibit residential,
industrial, or commercial use of such open space land (except in connection
with active agricultural and forestry use), and shall not be amendable
to permit such use. Where the open space is in single private ownership,
and not in common ownership, subject to Planning Board approval, the
conservation easement may allow structures to be constructed on portions
of the parcel that include protected open space land.
(10)
Recording. The conservation easement shall be recorded in the
Dutchess County Clerk's office prior to or simultaneously with the
filing of the open space subdivision final plat in the Dutchess County
Clerk's office.
(11)
Ownership. The open space land of any cluster subdivision shall
be included as a portion of one or more large parcels of the subdivision
on which dwellings are permitted. In order to prevent the encroachment
of any part of the residential development of such a lot into the
preserved open space, the final cluster subdivision plat map shall
depict, by metes and bounds, the location of a building envelope within
which all development on the lot shall occur. The size of such a building
envelope shall not exceed the minimum lot acreage and density requirements
for any individual lot within the cluster subdivision as specified
elsewhere in this chapter.
(12)
Maintenance. Ongoing maintenance standards shall be established,
enforceable by the Town against an owner of open space land as a condition
of subdivision approval, to assure that the open space land does not
detract from the character of the neighborhood. Such maintenance standards
may include the obligation to mow open fields to maintain their scenic
character.
(13)
Town enforcement of maintenance standards. If the Town Board
finds that the open space set aside is being maintained in such a
manner as to constitute a public nuisance, it may, upon 30 days' written
notice to the owner, enter the premises for necessary maintenance,
and the cost of such maintenance by the Town shall be assessed pro
rata against the owner or, in the case of an HOA, the owners of properties
within the development and shall, if unpaid, become a tax lien on
said properties.[1]
[1]
Editor's Note: Original Section 342, Conservation Density
Subdivision and Section 343, Permanent Open Space, added 3-14-1991
by L.L. No. 1-1991, as amended, which immediately followed, were repealed
8-10-2000 by L.L. No. 1-2000.
A.
Objectives. The objectives of this section are for the common good
and to:
(1)
Preserve and protect the present quality and character of certain
and specific roads of the Town of Washington (the "Town");
(2)
To recognize the contribution the Town's road system has made and
will make to the rural character, uniqueness and quality of life in
the Town;
(3)
To recognize that the Town's road system is an integral part of the
diverse environments of the Town and what affects the roads also affects
the ecology contiguous to the roads;
(4)
To recognize that there are specific unique features which contribute
to the beauty and enjoyment of the Town's road system;
(5)
To recognize the important role of the Town of Washington Highway
Department (the "Town Highway Department") in preserving this critical
Town asset and to further strengthen that role by providing an avenue
of access and communication for the Town of Washington Highway Superintendent
(the "Town Highway Superintendent") with the Town of Washington Town
Board (the "Town Board"), the Town of Washington Planning Board (the
"Planning Board") and the Town of Washington Conservation Advisory
Commission ("CAC"). The value of this access lies in the following:
unlike the technical, safety and operational aspects of Town road
management, matters pertaining to environmental and aesthetic aspects
(and the long-term effect on these) are oftentimes judgmental. This
section recognizes and respects the fact that the Highway Superintendent,
whose powers and authority are governed by New York State law, will
want, use and appreciate the support, direction and counseling pertaining
to any particular action regarding the aforementioned characteristics
needing to be preserved or impacted.
(6)
To recognize that Town roads should continue to provide safe, confident
use to residents and transients and, at the same time, continue to
offer the wealth of aesthetic features already in place and there
to be enjoyed.
(7)
To recognize these many fragile components that are connected with
the Town roads and are presently taken for granted. This section recognizes
that fragility. Once eliminated or adversely altered, these resources
may be irreplaceable.
(8)
This section recognizes it is the intent of the Town of Washington
that all activities on or along Town roads conform to relevant law.
B.
Authority. Pursuant to the authority granted by Municipal Home Rule
Law, Article 2, § 10, of the Consolidated Laws of New York,
and consistent with the goals of the 1987 Master Plan, as amended
December 27, 1989, the Town of Washington hereby provides for the
balancing of traditional matters of common convenience and public
safety with designation of the Town roads as scenic roads. Further,
in order to maintain the irreplaceable character and aesthetic and
historic features and the scenic nature of the roads so designated,
the Town of Washington is authorized to regulate, in accordance with
this section, the future alterations or improvements of roads so designated,
including, but not limited to, widening of the right-of-way or of
the traveled portions of the road, paving, changes of grade, straightening,
removal of stone walls and removal of mature trees.
C.
Role of Town Board. The Town Board of the Town of Washington shall
have the authority to designate a Town road as a scenic road. Nothing
herein shall be construed as limiting the final action or authority
now possessed by the Highway Superintendent.
D.
Criteria for designation. No portion of a road shall be designated
as a scenic road within a HM (Hamlet Mixed-Use) District. Prior to
designating a road as a scenic road, the Town Board must find that
at least one of the following criteria is met:
E.
Designation procedure.
(1)
The Town Board, after following the designation procedure set forth
herein, may consider a road for scenic road designation. Not less
than three property owners may petition the Town Board for designation
of a road as a scenic road if they each own property which abuts that
scenic road. The petition shall state by name which road is requested
to be designated as a scenic road and describe the characteristics
of the road which qualify it for scenic road status, as well as any
other characteristics which enhance the scenic character of the road.
(2)
An original and one copy of the petition shall be filed with the
Town of Washington Town Clerk (the "Town Clerk"), who shall retain
the copy and forward the original to the Town Board.
(3)
In order to designate a road as a scenic road, the Town Board shall
first refer any proposal or petition to the Planning Board, the Highway
Superintendent, and the CAC for review and comment within 90 calendar
days. The Town Board shall then hold a public hearing regarding the
designation of such road as a scenic road. Notice of the public hearing
shall be given by publication in a newspaper of general circulation
in the Town of Washington at least five calendar days prior to the
date of such hearing and by sending notice by mail to the owners of
lots fronting the road to be designated as a scenic road. The Town
Board shall act upon the proposed designation within 45 calendar days
after such hearing.
F.
Recision and appeal.
(1)
The designation of a road as a scenic road may be rescinded by the Town Board, using the above procedures as outlined in Subsection E(3).
(2)
Any person aggrieved by a designation or refusal to designate a road
as a scenic road pursuant to this section or by any alteration or
improvement of such road may seek appropriate legal remedy.
G.
Alterations and improvements.
(1)
Pursuant to § 271 of the Town Law of the State of New York,
the Town Board shall grant to the Planning Board of the Town of Washington
the power to approve or disapprove of the alteration or improvement
of any Town road designated as a scenic road pursuant to this section.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Alterations and improvements of designated scenic roads shall be
carried out so as to preserve to the highest degree possible the aesthetic,
historic and/or scenic characteristics of the road.
(3)
Routine road maintenance, emergency repairs and the issuance of driveway
permits undertaken by the Highway Superintendent shall not require
public hearing or Planning Board approval. Such maintenance shall
include trimming of the tree branches that encroach on the traveled
portion of the road below the height needed to allow school buses
and emergency vehicles to pass; trimming or removal of brush and removal
of boulders or other obstacles that encroach on the traveled portion
of the road; necessary trimming for utility lines; trimming of brush
to enhance and protect scenic views, stone walls, mature trees and
other characteristics of the scenic road; correction of drainage problems;
and retreatment and repair of existing roadway surfaces. Such maintenance
shall not include widening of the right-of-way or the traveled portion
of the road; paving of dirt or gravel roads or portions of roads;
changes of grade; straightening; removal of stone walls; or removal
of mature trees.
(4)
In the case of a natural disaster in which, in the judgment of the
Highway Superintendent, a road or a portion thereof becomes impassable
or unsafe for public travel and access must be provided, emergency
repairs and reconstruction by the Highway Superintendent may be made
as needed to restore the road to its preemergency condition without
public hearing or Planning Board approval.
(5)
Any proposal by a public entity or official for alteration or improvement not involving routine road maintenance, emergency repairs or the issuance of a driveway permit shall be submitted to the Planning Board. The Planning Board shall submit such proposal to the CAC and Highway Superintendent for review and comments and shall hold a public hearing in the manner set out in Subsection E above.
(a)
Applications for alteration or improvement not involving routine
road maintenance, emergency repairs or the issuance of driveway permits
shall be submitted to the Planning Board with a suitable map showing
the location of each proposed improvement or alteration and, when
deemed necessary by the Planning Board, a short report discussing
the reasons for the proposed alteration and available alternatives,
if any.
(b)
In reviewing applications for alteration or improvement not
involving routine road maintenance, emergency repairs or the issuance
of driveway permits, the Planning Board shall consider the following:
[1]
Any alternatives to the proposed alteration or improvement and
evidence that the applicant has chosen the alternative least damaging
to the scenic road.
[2]
That the applicant has considered the following, where appropriate:
[a]
The impact of the alteration or improvement on
stone walls within the right-of-way of the scenic road;
[b]
The impact of the alteration or improvement upon
the speed of vehicular traffic along the scenic road;
[c]
The preservation of nonhazardous curves in the
scenic road;
[d]
The preservation of nonhazardous hills and valleys
by avoidance of unnecessary cuts and fills;
[e]
The placement of wide bypasses and turnouts to
avoid unnecessary widening of the scenic road;
[f]
Preservation of views of near and distant landscapes
through appropriate landscaping techniques within the right-of-way
only;
[g]
Minimize impact on roadside vegetation, including
but not limited to trees, shrubs and wildflowers; and
[h]
Avoidance of signage, sand, gravel, refuse and
salt piles to the extent practicable.
(6)
The official scenic road will be recorded on the New York State's
inventory of the Town of Washington Highways.
A.
General provisions.
(1)
The creation of new private roads shall be at the discretion of the
Town Planning Board which must make specific findings that a proper
case exists for the creation of a private road.
(2)
A private road may be used to access only single- and two-family
dwellings. A private road may not be used to access any other type
of property.
(3)
A private road may service no more than 10 lots.
(4)
The total amount of land that may be served by a private road must
not be less than 800% of the minimum lot size in the district (i.e.,
40 acres in a five-acre district, 80 acres in a ten-acre district).
(5)
Flag lots and rear lots, as defined in this chapter, are prohibited
on a private road.
(6)
Common driveways are prohibited on a private road.
(7)
The length of a private road shall not exceed 2,500 feet in a five-acre
district, nor 3,500 feet in a ten-acre district.
(8)
A private road shall have only one access on a public highway. The
Planning Board may require this access to be configured as a divided
road with a landscape median strip with two separate lanes providing
travel in one direction.
(9)
Any lot to be served by a private road shall have not less than the
minimum road frontage required for a public road in the same district.
(10)
The boundary of each lot served by a private road shall extend
to the center line of the private road with the right-of-way for ingress
and egress across the private road granted to each lot served by such
road.
(11)
The segmentation of a subdivision plan into phases in order
to avoid the costs of constructing a Town road is prohibited. If such
illegal segmentation occurs, the Town Planning Board has the power
to impose such conditions on a subsequent subdivision of land by the
owner or successor in title as it may deem appropriate.
(12)
The deed to each lot of a subdivision containing a private road
shall contain an unconditional waiver of any right to offer or seek
dedication of the private road to the Town and shall contain a covenant
against further subdivision of each lot. In addition, the deed shall
contain a covenant against any other use of the private road by lease,
assignment, sale, or license by the lot owner.
(13)
The name to be given to a private road shall be subject to the
approval of the Town and county.
(14)
Location of bus stops and mail boxes on a private road shall
be approved by the Town Highway Superintendent, the Town Engineer,
and/or the appropriate state or county highway authority.
(15)
All lot owners served by a private road shall enter into a maintenance
and repair agreement with all other lot owners served by such private
road. Such agreement shall be approved by the Town Attorney.
(16)
The width of a private road shall be referred to as a "corridor,"
rather than a "right-of-way," to avoid confusion with the classic
use of the term as applied to public roads. Specifically, a "private
road corridor" shall mean the full potential width of the road right-of-way,
as approved by the Town Highway Superintendent, the Town Planning
Board, and the Town Engineer, including the vehicle travel way, shoulders,
drainage facilities, utilities and utility easements, guide rails,
snow storage areas, and provision of sight lines for driveway ingress/egress
and safe stopping distances which may be required for the safe use
of the corridor. The length and width limits of the private road corridor
shall be delineated on a subdivision plat map by metes and bounds.
B.
Application to create a private road.
(1)
Every entity or individual that wishes to create a private road must
file an application with the Town Planning Board. Copies of the application
shall be located in the office of the Town Planning Board.
(2)
The Town Highway Superintendent, after consultation with the Town
Engineer and the local fire company, shall make a recommendation to
the Planning Board supporting, denying, or conditioning the use of
a proposed private road. The recommendation of the Town Highway Superintendent
shall be submitted to the Town Planning Board, which shall make a
statement of findings in regard to the creation of the proposed private
road. If the Town Planning Board decides to approve the creation of
the private road, the Town Planning Board shall make specific findings
that the private road as designed will adequately protect the public
safety, will be part of a subdivision in keeping with the neighborhood,
and will be protective of downstream drainage, aquifer recharge, and
neighboring wells and septic systems.
(3)
Notwithstanding Subsection B(2), if the Town Planning Board receives a negative recommendation regarding the creation of the proposed private road from the Town Highway Superintendent, a majority plus at least one vote and supporting statements of the Town Planning Board shall be required to allow the creation of the private road.
C.
Construction of a private road.
(1)
A private road shall be constructed in accordance with the plans
approved by the Town Highway Superintendent and the Town Engineer.
In reviewing the proposed plan for the creation of a private road,
the Town Highway Superintendent shall be guided by the private road
construction criteria of the Town and shall be satisfied that the
proposed private road will be adequate to insure safe, continuous
access for residents and emergency vehicles.
(2)
The Town Planning Board may require the applicant to post a bond,
in an amount to be determined by the Town Highway Superintendent and
the Town Engineer, sufficient to insure the construction and maintenance
of the private road.
(3)
Upon completion of construction of the private road, the applicant's
professional engineer shall certify to the Town Planning Board, the
Town Highway Superintendent, and the Town Engineer that the private
road (or part thereof) was constructed in accordance with the approved
plans.
(4)
Upon completion of construction of the private road, the applicant's
professional land surveyor shall provide the Town Planning Board,
the Town Highway Superintendent, the Town Engineer, and the Town Building
Inspector with a certified as-built survey of the private road.
(5)
No certificate of occupancy may be issued for any structure on any
lot served by a private road until the Town Planning Board, the Town
Highway Superintendent, and the Town Engineer have received the above-mentioned
certifications.
A.
Legislative purposes.
(1)
It is the purpose of this section to accommodate the communications
needs of residents and businesses, consistent with the applicable
federal and state regulations, while protecting the health, safety
and general welfare of the residents of the Town of Washington, by:
(a)
Facilitating the provision of wireless telecommunications and
other communication services to the residents and businesses of the
Town, while simultaneously preserving the character, appearance and
aesthetic resources of the Town;
(b)
Minimizing the adverse visual effects of telecommunications
towers and facilities through development of location and approval
criteria;
(c)
Protecting the scenic, historic, environmental, natural and
man-made resources of the Town;
(d)
Preserving the property value of the community;
(e)
Minimizing the undue proliferation and height of communications
towers throughout the community;
(f)
Avoiding potential harm to adjacent persons and properties from
tower failure, noise, falling objects and attractive nuisances through
setback and height limitations; and
(g)
Encouraging the shared use of existing and approved towers,
in order to reduce the number of towers needed to serve the community
where reasonably possible, so as to minimize and mitigate the adverse
visual impacts of towers and their facilities.
(2)
These regulations are intended to be consistent with the Telecommunications
Act of 1996, in that:
(a)
They do not prohibit, or have the effect of prohibiting, the
provision of personal wireless services;
(b)
They are not intended to be used to unreasonably discriminate
among providers of functionally equivalent services; and
(c)
They do not regulate personal wireless services on the basis
of the environmental effects of radio frequency emissions to the extent
that the regulated services and facilities comply with the FCC's regulations
concerning such emissions.
B.
Application of regulations. Telecommunications facilities regulated
and covered under these regulations shall include the following:
(1)
Personal wireless radio telecommunications facilities using an automated,
high-capacity system with two or more multichannel fixed base stations
arranged as part of an integrated cellular system providing radio
telecommunications from the fixed (immobile) base stations to mobile
stations. Such personal wireless radio telecommunications facilities
employ low power transmitting and receiving and automatic handoff
between base stations of communications in progress to enable channels
to be reused at short distances for the purposes of voice, data or
paging transmissions. Cellular systems may also employ digital techniques
such as voice encoding and decoding, data compression, error correction
and time or code division multiple access in order to increase system
capacities. Personal wireless radio telecommunications facilities
("PWRT facilities") shall include cellular services, personal communication
services (PCS), specialized mobile radio services, and paging services.
C.
ANTENNA
AS-OF-RIGHT FACILITIES
BASE STATION
CELLULAR COMMUNICATION SYSTEM
CO-LOCATION
EXEMPT FACILITIES
(1)
(2)
(3)
LATTICE TOWER
MONOPOLE TOWER
PAGING SERVICE
PERSONAL COMMUNICATION SYSTEM
SPECIALIZED MOBILE RADIO SERVICES
STEALTH TECHNIQUE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A device that converts radio frequency electrical energy
to radiated electromagnetic energy and vice versa.
Those PWRT facilities, as described herein, which may be
installed and operated subject only to the securing of a building
permit for construction and a certificate of occupancy for operation
from the Town Building Inspector upon furnishing the information and
plans specified by the Building Inspector and this chapter.
A stationary transmitter that provides radio telecommunications
services to mobile and fixed receivers, including antennas.
A radio telecommunications service provided using a cellular
system.
The location of one or more PWRT facilities at a common site.
Transmitting and receiving telecommunications facilities
which are exempt from regulation under this section, and shall include:
Amateur radio and satellite facilities so long as such facilities
are operated by a licensed amateur operator;
Civil emergency facilities; and
Home satellite facilities where installed on residential premises
solely for the use of the residents of that premises and not offered
for resale to off-premises locations.
A freestanding tower supported by a series of interconnected
struts or stanchions.
A freestanding tower consisting of a single pole.
A numeric, text and voice messaging service.
Radio telecommunications services that encompass mobile and
ancillary fixed communications operating at 1.8 GHz to 2.1 GHz that
provide services to individuals and businesses and can be integrated
with a variety of competing networks.
A radio communication system in which licensees provide land
mobile communication services in the 800 MHz and 900 MHz bands on
a commercial basis to entities eligible to be licensed under 47 CFR
90, federal government entities, and individuals.
A method or methods that would hide or conceal an antenna,
supporting electrical or mechanical equipment, or any other support
structure that is identical to or closely compatible with the color
or appearance of the support structure so as to make the antenna and
related equipment as visually unobtrusive as possible.
D.
As-of-right facilities.
(1)
In order to encourage the appropriate location and co-location of
telecommunications systems in the Town of Washington, the following
PWRT facilities shall be permitted as of right:
(a)
On monopole or lattice towers in existence prior to the date
of this chapter anywhere in the Town so long as no change or alteration
to the height or appearance of the existing structure is required.
(b)
On existing structures located anywhere in the Town so long
as no part of the PWRT facility exceeds the height of the existing
structure and so long as no change or alteration of the height or
appearance of the existing structure is required.
(2)
Standards. An as-of-right PWRT facility shall meet the following
additional standards and requirements:
(a)
Towers shall maintain a galvanized steel finish or, subject
to any applicable FAA standards, be painted a neutral color so as
to reduce visual obtrusiveness.
(b)
Towers shall not be artificially lighted.
(c)
If an antenna is installed on a structure other than a tower,
the antenna and supporting electrical and mechanical equipment shall
be of a neutral color, identical to or closely compatible with the
color of the supporting structure.
(d)
Except for towers constructed and in use prior to the effective
date of this section, towers which are no longer in service as part
of a PWRT facility network shall be removed within 90 days of the
cessation of the use of the tower.
(e)
If an as-of-right PWRT facility has no existing access road, the necessary access road shall meet or exceed the standards set for specially permitted facilities in Subsection E(1)(f) of this section.
(f)
The applicant shall post a security deposit or bond, in an amount
satisfactory to the Planning Board and in a form acceptable to the
Town Attorney, to assure:
(3)
Data. An application for approval of an as-of-right PWRT facility
shall contain the following:
(a)
An application for construction of a PWRT facility shall contain all the information ordinarily required by the Building Inspector for the issuance of the building permit. In addition, the application shall contain a map of the proposed PWRT facility prepared in accordance with the requirements of § 165-128 of this chapter.
(b)
An application for construction of a PWRT facility shall include
a report certifying that the electromagnetic emissions from the PWRT
facility will be within the threshold limits established by the Federal
Communications Commission and certifying that the proposed facility
will not cause interference with existing communication devices.
(c)
Upon installation of the PWRT facility, the applicant shall
submit to the Building Inspector an as-built survey of the PWRT facility,
including a certification as to the finished height above ground level
of the structure, certified to the Town of Washington by a land surveyor
or professional engineer licensed to practice in the State of New
York.
(d)
Documentation of intent from the owner of the existing PWRT
facility to allow co-location and shared use.
(e)
An engineer's report certifying that the proposed shared use
of an existing structure or tower will not diminish the structural
integrity and safety of the existing structure or tower.
(f)
A completed short EAF and a completed visual EAF addendum.
(g)
A copy of its Federal Communications Commission (FCC) license.
E.
Specifically permitted facilities.
(1)
All PWRT facilities which do not meet the standards for as-of-right locations shall be subject to special permit and site plan approval by the Planning Board pursuant to §§ 165-116 and 165-125 of this chapter, shall satisfy the standards for as-of-right facilities as applicable and as set forth above and, in addition, the following standards shall apply:
(a)
In addition to any other authority conferred under this chapter,
the Planning Board is authorized to attach the following conditions
on the granting of a special permit/site plan approval for a PWRT
facility:
[1]
Increased setback, sideline and rear line requirements.
[2]
Utilization of stealth techniques to minimize the visual impact
of the facility.
[3]
Measures to secure the facility from intruders, including fences
and chained entryways.
[4]
Security deposit or bonding in an amount acceptable to the Planning
Board and in a form acceptable to the Town Attorney, to assure:
[a]
The adequate construction of any access road to
the facility.
[b]
The proper maintenance and continued vitality of
the plantings and landscaping done to properly screen the tower compound
from adjacent properties.
[c]
The removal of the tower and ancillary facilities
upon abandonment or decommissioning by the applicant.
[d]
Reclamation of the tower site.
[5]
Co-location is required for telecommunications facilities unless:
[a]
There are no other usable existing structures in
the area for telecommunications facility services.
[b]
Co-location cannot achieve the minimum reasonable
technical needs of the proposed telecommunications facility.
[c]
Structural or other engineering limitations, absent
reasonable refurbishment, are demonstrated by clear and convincing
evidence to be prohibitive.
[d]
The telecommunications facility, after thorough
and good faith efforts disclosed to the Town, is unable to secure
permission from tower or structure owner to co-locate.
[6]
The clustering of towers and structures on a common site should
be considered if co-location cannot be facilitated.
[7]
Visual appearance.
[a]
Unless such a structure cannot achieve the applicant's
purposes, as disclosed in its application and supporting data, the
Planning Board shall have the authority to require the applicant to
furnish an alternative proposal using a tree-like structure or some
other alternative structure at the proposed site, rather than a conventional
tower, in order to better achieve the least negative impact on the
visual environment.
[b]
The height of any new tower shall be the minimum
required to establish and maintain adequate service, but in no event
shall the height of any new tower exceed three times the maximum building
height for the zoning district in which the tower is to be located,
as shown in Appendix B of this chapter.[1]
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
[c]
All equipment shelters and accessory structures
shall be architecturally uniform and no taller than 12 feet.
[d]
All equipment shelters used shall only be used
for housing of equipment related to the particular facility on the
particular site.
[e]
Materials and colors for a proposed utility structure(s)
shall be of an appearance which is compatible with any surrounding
structures and/or vegetation to the maximum extent practicable and
as approved by the Planning Board.
(b)
All towers and monopoles shall be setback from all property
lines, structures habitable by people on the same parcel as the tower
or monopole or above ground power lines a distance equal to 15% of
the height of the tower or the minimum set back requirement for the
zoning district in which the tower or monopole is located, whichever
is greater. Towers may be located on lots of less than the minimum
acreage for the district so long as the PWRT facility is unmanned
and can meet the setback, sideline and rear line requirements set
forth above.
(c)
No tower or monopole shall be located:
[1]
Closer than 300 feet, on a horizontal plane, to any structure
existing at the time of application, which is, or is able to be, occupied
or habitable on the property of any school (both public and private).
[2]
Closer than 300 feet, on a horizontal plane, to an existing
dwelling unit on a parcel other than the parcel on which the subject
tower or PWRT facility is located, or any day-care center, hospital,
nursing home, church, synagogue or other place of worship.
[3]
Subject to the provisions of Subsection E(1)(c)[1] and [2] above, the Planning Board shall determine appropriate distance set backs from any school, power line, dwelling unit or other structures, whether on or off the parcel, on which a tower or monopole shall be based. Visibility of the tower or monopole from such structures and consideration for the safety of the users or occupants of such structures in the event of the structural failure of the tower or monopole shall also be considered.
(d)
Tower facilities shall be landscaped with a buffer of plant
materials that effectively screens the view of the tower compound
from adjacent properties. The standard buffer shall consist of a landscaped
strip at least six feet wide outside the perimeter of the compound.
The plantings shall consist of alternately spaced evergreens having
a height of not less than six feet above the height of the ground
elevation at the time of installation. The Planning Board may waive
these landscaping requirements where the Board determines that the
amount and type of existing on-site vegetation is adequate to fully
screen the facility.
(e)
Existing mature trees and natural land forms on the site shall
be preserved to the maximum extent possible.
(f)
The Planning Board shall review and approve the plans for construction
of any access road or driveway for the facility and may require the
preparation and implementation of an erosion and sedimentation control
plan as the Board may deem appropriate after referral of the site
plan to the Town Highway Superintendent and the Board's consulting
professional engineer for recommendation. A road and parking plan
shall be provided to assure adequate emergency and service access.
Maximum use of existing roads, public or private, shall be made, provided
said use is consistent with safety and aesthetic considerations. Road
construction shall at all times minimize ground disturbance and vegetation
cutting. Road grades shall closely follow natural contours to assure
minimal visual disturbance and soil erosion potential. Except to the
extent that the Planning Board shall determine to apply its own road
criteria as the same may exist from time to time, the applicant shall
adhere to the standards for unpaved forest roads set forth in New
York State Department of Environmental Conservation Unpaved Forest
Road Handbook, ECH 8409.11, as the same may be amended or revised
from time to time.
(2)
Data. In addition to the information required by § 165-128 of this chapter, an application for approval under this section shall contain the following additional information:
(a)
A photo simulation of the proposed facility as seen from the
north, south, east and west from the facility. The photo simulation
shall be keyed to a location map. Photographs for the photo simulation
shall be taken during periods when deciduous leaf cover is minimal
(i.e., during the late autumn, winter, and early spring months), and
shall only be taken when there is no precipitation, fog, or more than
50% cloud cover, in order to present a worst-case scenario for visual
impact assessment purposes. Prior to performing the visual test, the
applicant shall meet with the Planning Board to obtain the Board's
consent as to the date and time on which the visual test will be conducted
and photographs for the photo simulation will be taken. The applicant
shall also inform the Board as to the manner in which the visual test
will be conducted (i.e., a crane test or balloon test). The Board
may require the visual test to be performed on more than one day when
the Board determines that additional time for the visual test is required
in order to provide neighboring and nearby landowners and residents
adequate time to observe the test. Not less than 10 days prior to
the authorized date of the visual test the applicant shall notify
in writing, by certified, first-class mail, return receipt, all owners
of land within 500 feet of the boundary of the parcel of land which
the applicant proposes to locate the PWRT facility. The notice shall
include the date, time and manner in which the visual test will be
conducted and shall state the reason for the test.
(b)
An application for construction of a PWRT facility shall include
a report certifying that the electromagnetic emissions from the PWRT
facility will be within the threshold limits established by the Federal
Communications Commission and certifying that the proposed facility
will not cause interference with existing communication services.
(c)
A certification by a licensed professional engineer as to wind
loading and the ability of the supporting structure to accommodate
the facility and any additional users.
(d)
A statement by the applicant as to all other alternative sites
considered, including other alternative sites not owned or operated
by the applicant in any area, and the reasons for their rejection.
(e)
A statement by the applicant that locating the facility in an
as-of-right location is not practical or feasible and the reasons
supporting that determination.
(f)
A graphic depicting the location of all of the applicant's existing
wireless communication facilities located in or otherwise serving
the Town of Washington.
(g)
A graphic depicting the geographic area to be served by the
proposed facility.
(h)
A copy of the applicant's FCC operating license.
(i)
Upon installation of the PWRT facility, the applicant shall
submit to the Building Inspector an as-built survey of the facility,
including a certification as to the finished height above ground level
of the structure, certified to the Town of Washington by a land surveyor
or professional engineer licensed to practice in the State of New
York.
(j)
Documentation from an expert qualified in the field of telecommunications
and radio frequency engineering showing that the tower and/or facility
is needed to provide adequate coverage to an area of the Town that
currently has inadequate coverage, including a sealed, graphical depiction
of the inadequate coverage area.
(3)
For applications involving tower construction or modification to
accommodate a PWRT facility:
(a)
The applicant shall provide written documentation of any existing
and planned facility sites in (i) the Town of Washington and (ii)
within a seven mile radius of the proposed site, in which it has a
legal or equitable interest, whether by ownership, leasehold or otherwise.
For each such facility site, it shall demonstrate with written documentation
that the facility site is not already providing, or does not have
the potential to provide adequate coverage and/or adequate capacity
to the Town of Washington. The documentation shall include, for each
facility site listed, the exact location (in longitude and latitude,
to degrees, minutes and seconds), ground elevation, height of antennas
on tower or structure, output frequency, number of channels, power
input and maximum power output per channel. Potential adjustments
to these existing facility sites, including changes in antenna type,
orientation, gain or power output shall be specified. Radial plots
from each of these facility sites, as they exist, and with adjustments
as above, shall be provided as part of the application.
(b)
The applicant shall demonstrate with written documentation that
it has examined all facility sites towers or structures located (i)
in the Town of Washington and (ii) within a seven mile radius of the
proposed site in which applicant has no legal or equitable interest
to determine whether those existing facility sites can be used to
provide adequate coverage and/or adequate capacity to the Town of
Washington. The documentation shall include, for each facility site
examined, the exact location (in longitude and latitude, to degrees,
minutes and seconds), ground elevation, height of tower or structure,
type of antennas proposed, proposed antenna gain, height of proposed
antennas on tower or structure, proposed output frequency, proposed
number of channels, proposed power input and proposed maximum power
output per channel. Radial plots from each of these facility sites,
as proposed, shall be provided as part of the application. This report
shall demonstrate good faith efforts to secure shared use from the
owner of each then existing tower or structure on which a PWRT facility
is then located as well as documentation of the physical, technical
and/or financial reasons why shared use is not practical in each case.
Written requests and responses for shared use shall be provided.
(c)
Applicant shall demonstrate with written documentation that it has analyzed the feasibility of repeaters or non-tower mounted PWRT facilities in conjunction with all sites listed in compliance with Subsection E(3)(a) and (b) to provide adequate coverage and/or adequate capacity to the Town of Washington. Radial Plots indicating such consideration shall be provided as part of the application.
(d)
The applicant shall also submit a three year buildout plan for
the proposed and other sites within the Town and within adjacent Towns
and Villages, clearly demonstrating the Applicant's plan for other
structures, proposed application and building dates, and justification
for additional structures. Additionally, the three year buildout plan
must take into consideration known and potential changes in technology.
(e)
An applicant for a new tower must demonstrate the structure's
ability to handle additional co-locators and must identify the maximum
number of co-locators which could be supported on the structure.
(f)
Documentation of intent from the owner and/or lessee of the
Facility to allow co-location and shared use.
F.
Annual certifications. After the issuance of a special permit, the
owner/operator of the Facility shall annually (on January 1st of each
year) provide certification to the Town of Washington by an independent
licensed engineer (acceptable to the Planning Board) that the facility
is operating in compliance with FCC emissions standards and in compliance
with the existing special permit and site plan.
G.
Retention of experts and engineers. Should the Town Board, the Planning
Board, the Zoning Board of Appeals, the Building Inspector or the
Zoning Administrator determine it necessary to retain the services
of people with the requisite technical expertise to assist them in
the making of the determinations required by this chapter, or to perform
any testing called for hereunder, they may retain such assistance
and charge the cost thereof to the applicant. A deposit for the purpose
of paying these expenses may be required of the applicant at the time
of application for the special permit or building permit, as the case
may be. If a deposit is not taken at the time of application and said
costs are incurred thereafter, the applicant shall be charged for
them and must pay said charges as a condition of retaining its special
permit or As-Of-Right use.
H.
Village of Millbrook proximity. In reviewing cell tower applications
the Town of Washington Planning Board will consider the impact on
the Village of Millbrook and their cell tower regulations in case
of proximity to the Village border.
I.
Severability. The invalidity of any section, subsection, paragraph,
sentence, clause or provision of this chapter shall not affect the
validity of any other part of this chapter which can be given effect
without such invalid part or parts.
A.
Definitions. As used in this section, the terms "aircraft" and "airfield" shall have the meaning provided in § 165-140, Definitions.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Airfields are not a permitted use in any zoning district in the Town.
C.
With the exception of the landing and taking off of aircraft for
police, medical or natural disaster reasons, the landing or taking
off of any aircraft is not permitted in any of the zoning districts
in the Town.
A.
Garage or yard sales are not permitted unless they meet the following
standards:
(1)
Sales last no longer than three consecutive days.
(2)
Sales are held no more than twice yearly.
(3)
Sales are conducted on the owner's property. Multiple-family sales
are permitted if they are held on the property of one of the participants.
(4)
No goods purchased for resale may be offered for sale.
(5)
No consignment goods may be offered for sale.
(6)
Directional signs may be placed on the street right-of-way.
(7)
All directional and advertising signs shall be freestanding and removed
after completion of the sale.
(8)
All directional and advertising signs placed on private property
shall have the owner's permission.
(9)
No directional or advertising signs may be larger than two square
feet.
B.
Nothing in this section shall prevent a church, school or other tax
exempt charitable organization from holding a fair, auction, carnival,
circus, horse show or similar event, for a period not exceeding five
days, upon its premises, the income of which is for the sole benefit
of said applicant, provided said organization receives a temporary
permit for said event from the Town Zoning Administrator subject to
such conditions as may be specified by the Town Zoning Administrator.
Said temporary permit shall be issued only for the event and for the
dates specified in the permit.
A.
Definitional limitations.
(1)
A bed-and-breakfast may have no more than five bedrooms for guests
and may accommodate no more than 10 transient lodgers.
(2)
The bed-and-breakfast may offer meals to its lodgers only.
(3)
Bed-and-breakfast establishments may not be used commercially for
conference centers, weddings, concerts, a public restaurant, auctions,
retreats or other for-hire events.
B.
Additional conditions for special permit.
(1)
Residence. The applicant must be the owner and must reside in the
residence which is to be the bed-and-breakfast facility unless an
accessory structure is to be converted to a bed-and-breakfast, in
which case the owner must live in the principal residence on the same
parcel as the accessory structure. If the principal residence and
an accessory structure are to have bed-and-breakfast rooms, the total
bedrooms allowed is still limited to five and the total transient
lodgers is still limited to 10.
(2)
For all bed-and-breakfast applications, the Planning Board must make a statement of findings as required by § 165-119 of this chapter.
(3)
The structure which is to be covered by the special permit shall
be specified in the application, together with a statement of the
amenities to be available to guests, including bedrooms, bathrooms,
common rooms, parking areas and other areas to be used by guests.
Before issuing a special permit, all areas defined for use in the
bed-and-breakfast may be inspected by the Planning Board.
(4)
The applicant shall comply with all applicable health codes, building
codes and other applicable laws. Applicant must provide documentation
that applications for all applicable permits (for example, Dutchess
County Department of Health) have been filed with the appropriate
agencies. Prior to the issuance of a certificate of occupancy, the
applicant must show that all applicable permits have been received.
(5)
The permit shall specify the number of bedrooms covered by the permit,
which number shall not exceed five.
(6)
If the property on which a bed-and-breakfast exists is sold or otherwise
transferred to a new owner, the special permit for the bed-and-breakfast
shall expire, unless:
(7)
Application must include a floor plan of the structure to be used
for the bed-and-breakfast at 1/4 inch equals one foot scale. The plans
must clearly delineate all areas of the structure and their function.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(8)
All signage shall be included in the special permit application process.
A sketch showing all wording, dimensions and design shall be submitted.
(9)
No parking lots or parking areas shall be located closer than 20
feet to any residential property line.
(10)
The dwelling shall comply with all applicable bulk regulations
and other applicable provisions of this chapter.
[Added 6-25-2018 by L.L.
No. 1-2018]
A.
Authority. This "Town of Washington Solar and Wind Zoning Code" is
adopted pursuant to §§ 261 through 263 of the Town
Law of the State of New York, which authorize the Town of Washington
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 sunlight necessary therefor.
B.
Statement of purpose. The purpose of this section is to establish
standards and limitations for the installation and operation of solar
and wind systems within the Town of Washington. The Town of Washington
intends to encourage the use of natural energy resources in accordance
with its Comprehensive Master Plan.
C.
110% LIMITATION
ADJOINING PARCELS
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM
CONSENT
GLARE
GROUND-MOUNTED SOLAR ENERGY SYSTEM
NONRESIDENTIAL PROPERTY
NYSERDA
RESIDENTIAL PROPERTY
ROOF-MOUNTED SOLAR ENERGY SYSTEM
SOLAR ENERGY EQUIPMENT
SOLAR ENERGY SYSTEM
SOLAR PANEL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Shall have the meaning ascribed to it in Subsection E(1) below.
Shall have the meaning ascribed to it in Subsection E(5) of this section.
A combination of photovoltaic building components integrated
into any building envelope system such as vertical facades, including
glass and other facade material, semitransparent skylight systems,
roofing materials, and shading over windows.
Shall have the meaning ascribed to it in Subsection F(3)(c) of this section.
The effect produced by reflections of light with an intensity
sufficient to cause significant annoyance, discomfort or loss in visual
performance and visibility.
A solar energy system that is anchored to the ground and
attached to a pole or other mounting system, detached from any other
structure, and in which the anticipated annual total amount of electric
energy generated from such system does not exceed 110% of the anticipated
annual total amount of electric energy used by the applicant's parcel
(this 110% limitation is hereinafter referred to as the "110% limitation").
Real property that is not considered residential property.
The New York State Energy Research and Development Authority.
Real property that is primarily used for residential purposes
and contains a one- or two-family residence.
A solar panel system located on the roof of any legally permitted
building or structure for the purpose of producing electricity for
on-site or off-site consumption.
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
An electrical generating system composed of a combination
of both solar panels and solar energy equipment.
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
D.
Applicability. The requirements of this section shall apply to all
solar energy systems installed or modified after its effective date,
excluding general maintenance and repair.
E.
General provisions.
(1)
Solar energy systems installed for the purpose of supplying power
measured by the personal use of the property shall be permitted as
an accessory use so long as the solar energy system satisfies the
other provisions of this section. A solar energy system shall be limited
to a power generating capacity not in excess of 110% of the anticipated
annual total amount of electric energy used by the applicant's parcel
(this 110% limitation is hereinafter referred to as the "110% limitation").
(2)
All solar energy systems shall be installed in accordance with applicable
electrical and building codes (including the New York State Uniform
Fire Prevention and Building Code) in effect at the time of installation,
the manufacturer's installation, and industry standards, and prior
to operation the electrical connections must be inspected by the Town
Zoning Administrator or by an appropriate electrical inspection person
or agency, as determined by the Town of Washington. In addition, any
connection to the public utility grid must be inspected by the appropriate
public utility.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
When solar storage batteries are included as part of the solar energy
system, they must be placed in a secure container or enclosure meeting
the requirements of the New York State Uniform Fire Prevention and
Building Code when in use and when no longer used shall be disposed
of in accordance with all applicable laws and regulations.
(4)
The installation of any ground-mounted solar energy system shall be outside any land area exhibiting sensitive environmental characteristics such as freshwater wetlands, 100-year flood hazard areas, severe topography (slopes more than 15%), stream corridors, wetland transition areas, historic and/or culturally significant areas or other areas regulated under Article IX, Wetlands and Watercourses, of this chapter. No solar energy system shall be within any conservation easement or conservation deed restricted area unless within the approved building envelope.
(5)
It is acknowledged that an applicant may own one or more adjoining
parcels which technically consist of more than one legal parcel. In
such case, there may a solar energy system on one parcel which produces
electricity primarily for the needs of that parcel and/or the needs
of one or more of such other adjoining parcels (the "adjoining parcels").
In such case, for purposes of the definition of "ground-mounted solar
energy system," the term "applicant's parcel" shall include the adjoining
parcels.
(6)
All solar energy systems shall require a building permit and a certificate
of occupancy/compliance upon completion.
(7)
All solar energy systems shall be maintained in good working order.
(8)
No solar energy system shall be permitted if such installation would
require the installation of a new aboveground power line, power pole
or an electrical substation; provided, however that i) if a new building
structure is being constructed in connection with the solar energy
system, a new power pole shall be permitted or ii) a new power pole
shall be permitted if it is required by the local utility company
to maintain the solar energy system's safe operation.
(9)
Prior to the installation of a solar energy system, the Town of Washington
Building Inspector shall receive.
(a)
A letter from a licensed engineer or other qualified professional
or from the installer of the solar energy system stating in effect
that the solar energy system will satisfy the 110% limitation; and
(b)
Any applicable consent. The Town of Washington Building Inspector
shall have the right to confirm the satisfaction of the 110% limitation
by reviewing prior utility statements.
(10)
If a solar energy system causes any glare, the owner of such
solar energy system shall use reasonable efforts to eliminate such
glare within 60 days of notice of the existence of such glare from
the Town of Washington.
F.
Solar as an accessory use or structure.
(1)
Building-integrated photovoltaic system (BIPS). BIPS material shall
be permitted in all zoning districts.
(2)
Roof-mounted solar energy systems.
(a)
Roof-mounted solar energy systems are permitted as an accessory
use in all zoning districts when attached to any lawfully permitted
building or structure.
(b)
Height. Roof-mounted solar energy systems shall not exceed the
maximum height restrictions of the zoning district within which they
are located.
(c)
Aesthetics. Roof-mounted solar energy system installations shall
incorporate, when feasible, the following design requirements:
[1]
Panels must be mounted at the same angle as the roof's surface
up to a maximum distance of 18 inches between the roof and highest
edge of the system.
[2]
The solar panels and all ancillary equipment for the solar energy
system shall not extend beyond the edge of the roof.
[3]
Solar energy equipment forming a part of the roof-mounted solar
energy system shall be installed inside walls and attic spaces to
reduce their visual impact. If such solar energy equipment is visible
from a public road or adjacent property, it shall match the color
scheme of the underlying structure.
(d)
Roof-mounted solar energy systems shall be exempt from site
plan review under this chapter or other land use regulations.
(3)
Ground-mounted solar energy systems for a residential property:
(a)
Ground-mounted solar energy systems for a residential property
are permitted as accessory structures in the Town of Washington.
(b)
In no event shall the height of the ground-mounted solar energy
system for a residential property exceed 12 feet. This twelve-foot
requirement shall be calculated when the solar energy system is oriented
at maximum tilt.
(c)
Subject to the terms set forth herein, a ground-mounted solar
energy system for a residential property shall not be visible from
any public road or from any other parcel. If a ground-mounted solar
energy system for a residential property would be visible from any
public road or other parcel, the ground-mounted solar energy system
shall be screened from view at all times by existing vegetation or
topography or through the use of architectural features, earth berms,
landscaping, new plantings, fencing or a combination thereof. Plantings
used for screening shall be of such a height and width, at the time
of planting, so as to obscure the ground-mounted solar energy system
from public roads and such other parcels. Notwithstanding anything
herein to the contrary, a ground-mounted solar energy system for a
residential property may be visible from another parcel if:
(e)
Ground-mounted solar energy systems for a residential property
shall be exempt from site plan review under this chapter or other
land use regulations.
(f)
Ground-mounted solar energy systems for a residential property
shall not be considered as a building for purposes of determining
building coverage of the lot.
(g)
Solar panels for a residential property shall not be included
in any calculation of impervious surface or impervious cover, however
the base or foundation of the solar panel shall be included in any
calculation.
(4)
Ground-mounted solar energy systems for a nonresidential property:
(a)
Ground-mounted solar energy systems for a nonresidential property
are permitted as accessory structures in the Town of Washington.
(b)
In no event shall the height of the ground-mounted solar energy
system for a nonresidential property exceed 12 feet. This twelve-foot
requirement shall be calculated when the solar energy system is oriented
at maximum tilt.
(c)
Subject to the terms set forth herein, a ground-mounted solar
energy system for a nonresidential property shall not be visible from
any public road or from any other parcel (unless the owner of such
other parcel executes a consent). If a ground-mounted solar energy
system for a nonresidential property would be visible from any public
road or other parcel (and a consent is not executed by the affected
owner), the ground-mounted solar energy system shall be screened from
view at all times by existing vegetation or topography or through
the use of architectural features, earth berms, landscaping, new plantings,
fencing or a combination thereof. Plantings used for screening shall
be of such a height and width, at the time of planting, so as to obscure
the ground-mounted solar energy system from public roads and such
other parcels.
(e)
Ground-mounted solar energy systems for a nonresidential property
shall require a special permit and site plan review under this chapter
or other land use regulations.
(f)
Ground-mounted solar energy systems for a nonresidential property
shall not be considered as a building for purposes of determining
building coverage of the lot.
(g)
Solar panels for a nonresidential property shall not be included
in any calculation of impervious surface or impervious cover; however,
the base or foundation of the solar panel shall be included in any
calculation.
G.
Abandonment and decommissioning.
(1)
Solar energy systems are considered abandoned after one year without
electrical energy generation and must be removed from the property.
An applicant shall have the right to request a one year extension
of that time upon notice to, and approval from, the Town of Washington
Planning Board. If a property owner fails to remove a solar energy
system as required by this section, then the Town of Washington may
elect, at its sole and absolute discretion, to remove such solar energy
system from the property, in which case all of the costs and expenses
incurred by the Town of Washington, together with interest at the
annual rate of 16%, or such lower rate required by any applicable
usury law or regulation, shall be immediately paid by the property
owner. In addition, any violation of this section shall result in
a fine of $350 per day for each day such violation exists. The cost
incurred by the Town shall be assessed against the property, shall
become a lien and tax upon said property, shall be added to and become
a part of the taxes to be levied and assessed thereon, and enforced
and collected with interest by the same officer and in the same manner
as other taxes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
In the case of a ground-mounted solar energy system for a nonresidential
property, the Town of Washington Planning Board may, at its discretion,
require the adoption of an abandonment, restoration and decommissioning
plan in connection with any approval of such project.
H.
Enforcement. Any violation of this section shall be subject to the same civil and criminal penalties provided for in this chapter (except that any violation of Subsection G hereof shall result in the fines and penalties set forth therein).
I.
Real estate tax exemption. Owners of solar energy systems shall be
entitled to the real estate tax exemption set forth in Real Property
Tax Law (RPTL) § 487, as amended and supplemented through
time.
J.
SEQRA. Building-integrated photovoltaic systems, ground-mounted solar
energy systems for a residential property and roof-mounted solar energy
systems shall be considered Type II actions for SEQRA purposes. At
the option of the Town of Washington Planning Board, ground-mounted
solar energy systems for a nonresidential property shall be considered
for action for SEQRA purposes.
K.
Wind energy systems. Based on an assessment by NYSERDA, the geographical
territory of the Town of Washington is not conducive to wind energy
systems. Accordingly, no type of wind turbines, wind towers or similar
systems shall be permitted in the Town of Washington. If, in the future,
circumstances change and NYSERDA notifies the Town of Washington that
wind energy systems can be conducive to the economic production of
wind technology, then the Town of Washington shall revisit this section.
L.
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.[1]
[1]
Editor's Note: Original Sec. 350, Supplementary area and bulk regulations, which immediately followed, was redesignated as § 165-65 with the 2024 codification. Original Secs. 361, 362 and 364 were redesignated as §§ 165-61, 165-62 and 165-63, respectively, with the 2024 codification; subsequent sections renumbered accordingly.
A.
A swimming pool constructed in ground or above ground, including
accessory equipment, shall be considered an accessory structure and
shall be set back from lot lines at least the minimum distance required
for an accessory structure in that district.
B.
A swimming pool must be completely surrounded by a fence or wall
enclosure. Such fence or wall enclosure shall comply with the requirements
of the New York State Uniform Fire Prevention and Building Code. A
wall or fence or other enclosure wholly enclosing a dwelling house
and the swimming pool shall constitute compliance with this subsection.
C.
If a pool will be visible from a neighbor's residence or from a public
road, it and its associated equipment shall be adequately screened
to the satisfaction of the Zoning Administrator.
D.
This section does not apply to portable pools that do not exceed
100 square feet.
No trailer or motor vehicle shall be used for the purpose of a storage shed in a residential district, except as provided by § 165-45B of this chapter.
A tennis court shall be considered an accessory structure and
shall be set back from lot lines at least the minimum distance required
for an accessory structure in that district.
[Added 1-11-2024 by L.L.
No. 2-2024]
Short-term rentals are regulated pursuant to Chapter 115, Rentals, Short-Term, of the Code of the Town Washington.
