[1]
Editor's Note: The title of this article was changed
from "Supplementary Regulations Pertaining to Specific Uses" to "Supplementary
Regulations Pertaining to Specific Uses and Districts" 9-13-2022 by
L.L. No. 1-2022.
Adult-oriented businesses, which shall be permitted as special
uses in the R1 - Rural Residential District, can have serious
negative impacts on surrounding areas, including declines in property
values, degradation of neighborhoods, increases in crime and deterioration
of community character. This has been substantiated by a number of
studies conducted throughout the United States. The Town of Tusten
has considered the findings of these studies and those incorporated
in the cases of a) City of Renton v. Playtime Theatres, Inc., 475
U.S. 41 (1986); b) Young v. American Mini Theatres, 426 U.S. 50 (1976);
and c) Northend Cinema, Inc. v Seattle, 585 P.2d 1153 (Wash.1978).
The Town's intent in enacting this section is not to restrict
speech protected by the First Amendment but rather to provide for
it in a way which is consistent with the demands of the U.S. Constitution
as expressed in the referenced cases. It is also, however, intended
to address, in a practical way, the very real secondary effects of
adult-oriented businesses on the peace, good order and safety of Town
residents. So as to limit these impacts, such uses shall be subject
to the following standards:
A.
Setbacks. Adult-oriented businesses, therefore, shall not be located
within 1,000 feet of any residence, residential facility, institution,
health facility, church, synagogue, school, public or semipublic use,
public park or recreation facility, any other establishment which
sells alcoholic beverages or any other existing adult-oriented business.
This setback is consistent with the open rural character of the Town
within which numerous locations exist that can meet this standard.
B.
Sale of alcoholic beverages. Sale of alcoholic beverages at an adult-oriented
business shall not be permitted unless the business is being operated
as a bona fide restaurant or eating and drinking establishment.
C.
Advertising. No exterior display or interior display which is visible
from outside the business shall be made to identify or portray the
type of activity which occurs at an adult-oriented business, excepting
for one approved ground sign not to exceed a surface area of 20 square
feet for both sides combined. Such sign shall be subject to all other
requirements of this chapter applicable to signs. It shall not incorporate
any obscene material but shall be otherwise unlimited as to message.
D.
Nonconforming uses. No nonconforming building or lot shall be used
for an adult-oriented business. No other existing building, lot or
use shall be added to, enlarged, expanded in size or program or converted
for purposes of conducting an adult-oriented business unless application
to do so has been made pursuant to this section and Planning Board
approval has been given.
E.
Standards. Because they are known to encourage prostitution, increase
sexual assaults and attract criminal activity, the following activities
shall not be permitted in any adult-oriented or other business or
any other public place within the Town of Tusten:
(1)
Public appearance by a person knowingly or intentionally engaged
in sexual intercourse, deviant sexual conduct or the fondling of the
genitals of himself or another person.
(2)
The knowing and intentional public appearance of a person in
a state of nudity. Nudity means the showing of the human male or female
genitals, pubic area, or buttocks with less than a fully opaque covering
of any part of the nipple, or the showing of the covered male genitals
in a discernibly turgid state.
F.
Attire. All adult-oriented businesses shall otherwise comply with
the Town of Tusten regulations governing female attire. These prohibitions
are further based on the findings of the U.S. Supreme Court in the
case of Banes v. Glen Theatre, 501 U.S. 560, 115 L.Ed 2d 504 (1991),
and are intended to fulfill purposes identical to those upheld in
that case.
A bed-and-breakfast establishment, as permitted by special use
in the SR, RR, R1, R2, and GR, shall comply with the following standards
in addition to all other applicable requirements of this chapter.
A.
Parking. In addition to the parking required by § 300-6.12 of this article, the following number of spaces shall be provided: one space for each nonresident employee and two spaces for the dwelling unit.
B.
Rooms for rent. Not more than five rentable rooms are provided in
a bed-and-breakfast inn; not more than three rentable rooms are provided
for a bed-and-breakfast homestay establishment.
[Amended 7-11-2017 by L.L. No. 4-2017; 9-13-2022 by L.L. No. 1-2022]
Campgrounds, camping, and RVs shall be subject to the following
provisions of the Town of Tusten Zoning Law, in addition to all other
applicable provisions.
A.
Required standards.
(1)
A campground or recreational vehicle park, as defined in this chapter, shall be subject to the following standards, in addition to all other applicable provisions, before a special use permit can be issued. The standards of this § 300-6.2A(1) shall only apply to facilities with five or more campsites.
(a)
Evidence that all New York State Department of Environmental
Conservation (NYSDEC) and New York State Department of Health (NYSDOH)
regulations applicable to campgrounds shall be met.
(b)
A twenty-five-foot planted or natural landscaped border shall
be provided on all perimeters of the campground property.
(c)
A campground or recreational vehicle park consists of a minimum
of 10 acres of land. The property must be served with water, electric
and sewage facilities appropriate for the trailers, tents or other
shelters. Density shall not exceed eight sites per acre and permanent
occupancy shall be strictly prohibited.
(2)
A scenic campground, as defined in this chapter, shall be subject
to the following standards, in addition to all other applicable provisions,
before a special use permit for a campground can be issued.
(a)
Evidence that all New York State Department of Environmental
Conservation (NYSDEC) and New York State Department of Health (NYSDOH)
regulations applicable to campgrounds shall be met.
(b)
A twenty-five-foot planted or natural landscaped border shall
be provided on all perimeters of the campground property. If the campground
is to be located within sight of the Delaware River, the provision
of screening shall be included to eliminate or substantially mitigate
any potential negative visual impacts associated with views from the
river.
(c)
A scenic campground consists of a minimum of 10 acres of land.
Density shall not exceed five sites per acre, and the overall number
of sites shall not exceed 100. The property must be served with water,
electric and sewage infrastructure to operate central facilities,
commensurate with the overall number of sites. Permanent occupancy
shall be strictly prohibited. Lean-tos are permitted at a ratio of
one per five sites and no lean-to shall exceed a footprint of 10 by
14.
(d)
Motor vehicles. A maximum of two vehicles may occupy each site.
Permitted vehicles may include cars, SUVs, pickup trucks, and small
vans. Recreational vehicles, trailers, large vans and trucks, and
buses are prohibited. Each campsite shall include space for the parking
of two vehicles.
B.
Campsite, tent; commercial rentals. The commercial rental of tent
campsites on private lands outside of approved campgrounds is permitted
in accordance with the following requirements:
(1)
Annual commercial tent campsite permits are required as per fee established by the Town Board. The Code Enforcement Officer shall determine that each application is complete and meets the requirements of this § 300-6.2B before issuance of a permit.
(2)
Evidence must be provided that all New York State Department
of Environmental Conservation (NYSDEC) and New York State Department
of Health (NYSDOH) regulations applicable to campgrounds will be met.
(3)
Campsite density is limited to a maximum of one campsite per
five acres.
(4)
A commercial tent campsite shall accommodate no more than eight
persons.
(5)
Tent platforms may be constructed upon issuance of a building
permit. The platform surface must be flat, level and have an average
height of not more than 12 inches from the ground. No portion of the
structure may be taller than the platform surface. Construction must
conform to the New York State Uniform Fire Prevention and Building
Code. Tent platforms must be constructed a minimum of 50 feet from
any property lines. Site shall be visually screened by planted or
natural vegetation.
(6)
Upon expiration of the commercial tent campsite permit, all
equipment and shelter accommodations must be removed from the premises
with the exception of a tent platform as described above.
(7)
It is the responsibility of the property owner to ensure proper
disposal of all sanitary and solid waste generated on said campsite
at the end of each camping stay.
(8)
An off-road parking area must be provided by the property owner.
(9)
Each commercial tent campsite must have a Sullivan County assigned
911 address.
C.
Noncommercial camping and sleeping accommodations on parcels. The
following stipulations must be complied with in reference to noncommercial
camping and sleeping accommodations outside of an approved campground:
(1)
Camping permits are required as per fee established by the Town Board. The Code Enforcement Officer shall determine that each application is complete and meets the requirements of this § 300-6.2C before issuance of a permit. Camping permits, however, are not required for short-term stays of less than 10 days. The owner of a residential lot occupied by a principal dwelling, or contiguous vacant lots under the same ownership are exempted from the permit fee.
(2)
Permits shall have a maximum duration of 90 days. Only two permits
per parcel will be issued in a calendar year.
(3)
Tent platforms may be constructed upon issuance of a building
permit. The platform surface must be flat, level and have an average
height of not more than 12 inches from the ground. No portion of the
structure may be taller than the platform surface. Construction must
conform to the New York State Uniform Fire Prevention and Building
Code. Tent platforms may not be constructed within the required setbacks
for the appropriate zoning district.
(4)
Upon expiration of any camping permits, all recreational vehicles,
equipment or shelter accommodations must be removed from the premises
with the exception of a tent platform as described above.
(5)
Existing recreational vehicles (RV) shall be brought into compliance with the requirements of this § 300-6.2C within 60 days of the enactment of this article.
(6)
All New York State Department of Health (NYSDOH) regulations,
including the disposal of sewage, must be complied with.
(7)
The RV shall not be parked within the required setbacks of the
respective zoning district.
(8)
The RV shall not be parked in such a manner as to limit the
sight distance of the roadway.
(9)
The RV must be registered and inspected in accordance with the
New York State Vehicle and Traffic Law.
D.
Storage. Individual recreational vehicles (RV) designed to be towed
or mounted on an automotive or truck vehicle or a motorized dwelling
used for traveling and recreation may be stored on any lot subject
to the following restrictions:
(1)
The lot must have an occupied principal structure (permitted
sales lots excepted). No such vehicle may be stored on a vacant lot.
(2)
The vehicle shall not be connected to any utilities, except
on a temporary basis for purposes such as testing of equipment, cleaning
and similar activities, and shall neither be used as additional residential,
commercial or other space for business or living purposes nor as an
independent dwelling or office.
(3)
The RV may be parked or stored on a lot or approved campground
provided it complies with the front, side, and rear setback requirements
of the respective zoning district; and that it not be parked closer
to the front lot line than the principal structure, unless such placement
of the RV is not feasible due to existing, physically restrictive
qualities of the lot such as rough terrain, excessive slope, or wetlands.
(4)
The RV shall not be parked in such a manner as to limit the
sight distance of the roadway.
(5)
The RV must be registered and inspected in accordance with the
New York State Vehicle and Traffic Law.
All commercial dog kennels, as permitted in SR, shall not be
located closer than 200 feet to any lot line and 100 feet to any public
road right-of-way. All dogs shall be confined to pens at all times,
and shall be kept in a fully noise-insulated and ventilated structure
between the hours of sunset (4:30 p.m. in fall/winter and 7:30 p.m.
in spring/summer) and 7:00 a.m.
The following regulations shall apply to cellular phone antennas,
antennas for communication service regulated by the state and federal
government, other commercial antennas and associated facilities, and
certain antennas accessory to residential structures, hereinafter
referred to as "antennas." Such antennas and associated facilities
shall be permitted only in the districts as provided on the schedule
of district regulations.[1]
A.
Purposes.
(1)
To accommodate the need for cellular phone and similar antennas
while regulating their location and number in the Town.
(2)
To minimize the adverse visual effects of antennas and antenna
support structures through proper design, siting and vegetative screening.
(3)
To avoid potential damage to adjacent properties from antenna
support structure failure and falling ice, through engineering and
proper siting of antenna support structures.
(4)
To encourage the joint-use of any new antenna support structures
and to reduce the number of such structures needed in the future.
B.
Use regulations and parcel size. No antennas shall be used, erected,
moved, reconstructed, changed or altered, and no existing structure
shall be modified to support or be used as an antenna unless in conformity
with these regulations:
(1)
New structures. An antenna site with an antenna that is either
not mounted on an existing structure or is more than 10 feet higher
than the structure on which it is mounted shall require special use
approval in accord with this section and the project parcel shall
meet the four acre minimum size requirement established by the schedule
of district regulations.
(2)
Existing structures. An antenna site with an antenna that is
attached to an existing communications tower, smokestack, water tower,
or other tall structure shall be considered a principal permitted
use and special use approval shall not be required and the project
parcel need not meet the acre minimum size requirement established
by the schedule of district regulations. The height of the antenna
shall not exceed the height of the existing structure by more than
10 feet.
(3)
Associated use. All other uses ancillary to the antenna and
associated equipment (including a business office, maintenance depot,
vehicle storage, etc.), are prohibited from the antenna site, unless
otherwise permitted in the zoning district in which the antenna site
is located.
(4)
Antennas accessory to principal structures for other permitted
uses. Any antenna accessory to a principal structure which is attached
to the structure and which does not exceed the maximum height limitation
of the district for principal structures by more than 15 feet and
any freestanding accessory antenna which does not exceed the maximum
height limitation of the district for principal structures by more
than 15 feet shall not be regulated by this section. Any accessory
antenna which exceeds said height shall be considered a special use
and shall comply with the standards of this section.
C.
Standards.
(1)
Siting and visual impact. All antennas and accessory facilities
shall be sited to have the least practical adverse visual effect on
the community. The applicant shall submit a completed visual environmental
assessment form (visual EAF) addressing the standards of this Section
617 with particular attention to visibility from key viewpoints within
and outside the Town as identified in the visual EAF. The Planning
Board may require the submission of a more detailed visual analysis
based on the results of the visual EAF.
(2)
Location requirement. The applicant shall demonstrate, using
technological evidence that the antenna must go where it is proposed,
in order to satisfy its function in the company's grid system.
(3)
New tower; shared use. If the applicant proposes to build a
tower (as opposed to mounting the antenna on an existing structure),
the Town may require the applicant to demonstrate that it contacted
the owners of tall structures within not less than a one-mile radius
of the site proposed, asked for permission to install the antenna
on those structures, and was denied for reasons other than economic
ones. This would include smokestacks, water towers, and tall buildings,
antenna support structures of other cellular phone companies, other
communications towers (fire, police, etc.), and other tall structures.
The Town may deny the application to construct a new tower if the
applicant has not made a good faith effort to mount the antenna on
an existing structure.
(4)
Antenna height. The applicant shall demonstrate that the antenna
is the minimum height required to function satisfactorily. No antenna
that is taller than this minimum height shall be approved.
(5)
Setbacks from base of antenna support structure. If a new antenna
support structure is constructed (as opposed to mounting the antenna
on an existing structure), the minimum distance between the base of
the support structure and property lines shall be not less than the
height of the antenna. All guy wire anchors and accessory facilities
shall be set back a minimum of 30 feet from all property lines.
(6)
Antenna support structure safety. The applicant shall demonstrate
that the proposed antenna and support structure are safe and the surrounding
areas will not be negatively affected by support structure failure,
falling ice or other debris, electromagnetic fields, or radio frequency
interference. All support structures shall be fitted with anticlimbing
devices, as approved by manufacturers.
(7)
Fencing. The Planning Board may require a fence around the antenna
support structure and other equipment, unless the antenna is mounted
on an existing structure. If required by the Planning Board, the fence
shall be a minimum of eight feet in height.
(8)
Landscaping. Existing vegetation shall be maintained to the
greatest extent possible and building materials, colors and textures
of accessory facilities shall blend with the natural surroundings
to the greatest extent possible. Landscaping may be required to screen
as much of the support structure as possible, the fence surrounding
the support structure, and any other ground level features (such as
a building), and in general buffer the antenna site from neighboring
properties in a reasonable period of time as established by the Planning
Board. The Town may permit any combination of existing vegetation,
topography, walls, decorative fences or other features instead of
landscaping, if the same achieves the same degree of screening as
the required landscaping. If the antenna is mounted on an existing
structure, and other equipment is housed inside an existing structure,
landscaping shall not be required. In addition, existing vegetation
on and around the site shall be preserved to the greatest extent possible.
(9)
Other uses. In order to reduce the number of antenna support
structures needed in the community in the future, the proposed support
structure shall be required to accommodate other users, including
other cellular phone companies, and local fire, police, and ambulance
companies.
(10)
Licenses. The applicant must demonstrate that it has obtained
the required licenses from the Federal Communications Commission,
the State of New York and other agencies.
(11)
Access and parking. A road and parking area shall be provided
to provide adequate emergency and service access. The Planning Board
may require that the road be constructed to Town standards for minor
roads. If the antenna site is fully automated, adequate parking shall
be required for maintenance workers. If the site is not automated,
the number of required parking spaces shall equal the number of people
on the largest shift.
(12)
Lighting and color. No antenna support structure shall be artificially
lighted except when required by the Federal Aviation Administration
(FAA). In order to reduce the visual impact, antenna support structures
shall be painted gray or have a galvanized finish retained above the
surrounding tree line, and shall be painted gray, green or black below
the surrounding tree line unless otherwise required by the FAA. Support
structures should, whenever possible, be designed and sited to avoid
the necessity of complying with Federal Aviation Administration lighting
and painting regulations.
As noted in Article III, § 300-3.0 of this chapter, a special Floodplain (FP) Overlay District exists and is based on the recent Flood Insurance Rate Maps (FIRMs) created under the auspices of the National Flood Insurance Program (NFIP) located in the Federal Emergency Management Agency (FEMA). This Overlay District tracks areas designated as 100-year flood areas, commonly referred to as "special flood hazard areas." This § 300-6.5 sets forth the permitted uses and the regulations and building standards applicable to this Overlay District.
A.
Permitted uses. The following uses which have low flood damage potential
and which do not obstruct flood flows may be permitted within special
flood hazard areas to the extent that these uses do not constitute
development or substantial improvement to a structure and are not
otherwise prohibited by any other law.
(1)
Agricultural uses such as vegetable or grain production, pasture
or grazing, as long as they do not require development within the
floodplain.
(2)
Private and public recreational areas such as swimming areas,
open space, wildlife or natural preserves, hunting and fishing areas,
hiking and horseback trails, as long as they do not require development
within the floodplain.
(3)
No uses shall diminish or constrict the capacity of the channel
or floodway of any watercourse, or any tributary to the main stream,
or any other watercourse, drainage ditch or any other facility or
system to discharge the waters from the base flood.
B.
Issuance of building permits within the Flood Protection Overlay
District.
(1)
No building shall hereafter be erected, relocated or altered
as to outside dimensions or so to permit a change in its use and no
excavation for any building shall begin unless and until a permit
therefore has been issued. For purposes of this section, mobile homes
or any other structure permanently affixed to a foundation shall be
deemed a building.
(2)
Upon receipt of the application for building permit, the Code
Enforcement Officer shall determine if the location of such proposed
building falls within the special flood hazard area. Appeals to such
determination shall be made to the Zoning Board of Appeals.
C.
Building standards for variances within the Flood Protection Overlay
District. All development uses within the special flood hazard area
as identified in Federal Insurance Rate Maps (FIRMs) for the Town
of Tusten, New York, except those uses permitted by right under this
chapter, are allowed only in compliance with these regulations. Variances
and allowed uses must meet the following standards:
(1)
New construction or substantial improvement of any residential
structures shall have the lowest habitable floor, including basement,
elevated to at least one foot above the base flood elevation at that
point.
(2)
New construction or substantial improvement of any nonresidential
structures shall either have the lowest floor including the basement,
elevated to, or above, the base flood level, or together with attendant
utility and sanitary facilities, be floodproofed so that below the
base flood level the structure is watertight with walls substantially
impermeable to the passage of water and with structural components
having the capacity of resisting external water pressure and effects
of buoyancy. The design of floodproofed structures may include the
following measures or techniques as appropriate:
(a)
Anchorage to resist flotation and lateral movement.
(b)
Reinforcement of walls to resist water pressure.
(c)
Installation of watertight doors, bulkheads and shutters.
(d)
Use of paints, membranes, or mortars to reduce seepage of water
through walls.
(e)
Addition of mass or weight to resist flotation.
(f)
Installation of pumps to lower waterlevels in structures.
(g)
Pumping facilities to relieve water pressure on external walls
and basement floors.
(h)
Elimination of gravity flow drains.
(i)
Construction to resist rupture or collapse caused by water pressure
or floating debris.
(3)
Mobile homes shall be anchored to resist flotation, collapse,
or lateral movement by providing over-the-top frame ties to ground
anchors. Specifically:
(a)
Over-the-top ties shall be provided at each of the four corners
of the mobile home with two additional ties per side at intermediate
locations, except that a mobile home less than 50 feet in length requires
only one additional tie per side.
(b)
Frame ties shall be provided at each corner of the mobile home
with five additional ties per side at intermediate points, except
that a mobile home less than 50 feet long need have only four additional
ties per side.
(c)
All components of the anchoring system shall be capable of carrying
a force of 4,800 pounds.
(d)
Any additions to the mobile home shall be similarly anchored.
(4)
All new construction or substantial improvements of buildings
and other structures, including new or replaced utility and sanitary
facilities, shall include the following measures as appropriate:
(a)
Anchored to prevent flotation, collapse, or lateral movement
of structure.
(b)
Constructed with materials and utility equipment resistant to
flood damage.
(c)
Constructed by methods and practices that minimize flood damage.
(d)
Public facilities and utilities such as sewer, electrical, and
water systems located and constructed to minimize flood damage.
(e)
Adequate drainage provided to reduce exposure to flood damage.
(f)
New and replacement water supply designed to minimize or eliminate
the infiltration of floodwaters into the system. Design of such water
supply, sanitary sewage, and on-site waste disposal systems shall
be in compliance with the State Sanitary Code (Public Health Law § 225;
10 NYCRR 1.1 et seq.), and, where applicable, with county and Town
health or sanitary codes.
(g)
New and replacement sanitary sewer systems designed to minimize
or eliminate infiltration of floodwaters into the systems and discharge
from the system into floodwaters. Design shall be in compliance as
above.
(h)
On-site waste disposal systems located to avoid impairment to
them or contamination from them during flooding. Design shall be in
compliance as above.
(i)
Where elevation of the first floor or basement floor above the
base flood elevation is required, fill deposited shall extend at least
15 feet beyond the limits of any structure or building erected thereon,
and such fill shall be protected against erosion by riprap, vegetation,
bulkheads, or other forms of cover.
D.
Encroachments. In all areas of special flood hazard in which base
flood elevation data has been provided, the cumulative effect of any
proposed development, when combined with all other existing and anticipated
development, shall not increase the water surface elevation of the
base flood more than one foot at any point.
E.
Local submission, filing, and public record. Application for a variance
within a special flood hazard area shall, in addition to standards
set forth in above, be accompanied by written certification of either
a professional engineer or architect licensed to practice in the State
of New York, and all necessary permits have been obtained from those
federal, state, and local governmental agencies from which prior approval
is required. Such application shall be kept on file with the Town
Clerk and shall be available for public inspection. The Code Enforcement
Officer (CEO) shall obtain and record the actual elevation (in relation
to mean sea level) of the lowest habitable floor (including basement)
of all new or substantially improved structure that contains a basement.
CEO shall also obtain, verify, and record the actual elevation to
mean sea level to which any new or substantially improved nonresidential
structures in a special flood hazard area have been floodproofed.
All such records shall be maintained for public inspection.
F.
Subdivision proposal. For the purpose of maintenance of the provisions
of this chapter, the Planning Board shall require that all subdivision
proposals and other proposed new developments within a special flood
hazard area include within such proposals base flood elevation data.
G.
Watercourse alteration. To maintain in compliance with those regulations
pertaining to areas of special flood hazard, the Planning Board shall
notify adjacent communities and the New York State Department of Environmental
Conservation prior to any alteration or relocation of a watercourse,
and submit copies of such notifications to the Administrator, and
shall assure that the flood-carrying capacity within the altered or
relocated portion of any watercourse is maintained.
[Added 9-13-2022 by L.L.
No. 1-2022]
A.
Forest management permit. Any person proposing to engage in commercial
logging or forestry operations within the Town of Tusten shall first
obtain a permit from the Town Code Enforcement Officer for each project.
A Forest Management Permit is also required for the selective removal
of more than 30% of the trees and/or vegetation or clear-cutting of
any lot/parcel or portion of any lot/parcel in excess of 10,000 square
feet within the Town of Tusten. Such permit shall be good for six
months duration but may be extended by the Code Enforcement Officer
for successive periods of six months each, provided the operation
continues to comply with all requirements contained herein. The permit
application shall be made on forms to be developed by the Code Enforcement
Officer and shall be accompanied by a fee, which fee amount may be
adjusted from time to time by resolution of the Town Board. The application
shall require the following information: (1) names, addresses and
phone numbers for the property owner and commercial logger; (2) the
dates between which timber harvesting will take place; and (3) a location
map depicting where the logging will take place, the site of any landing
and the proposed access to the public highway system. Activities conducted
under the permit shall comply, to the extent practicable, with the
New York State Forestry Best Management Practices for Water Quality —
BMP Field Guide.
B.
Clear-cutting provisions. All clear-cutting is subject to the lot
clearing limits as stated in the schedule of regulations of the Town
of Tusten Zoning Law. A special use permit is required for clear-cutting
which involves more than one acre of land disturbance not performed
in connection with an approved building permit, special permit or
site plan. This provision prohibits segmentation of environmental
review by the applicant and requires consideration of all phases and
cumulative impacts of clear cutting of a parcel/tract of land. Accordingly,
the applicant shall disclose all current and future phases of clearing
activities to allow the Planning Board to assess the cumulative impacts
of the entire project before approval is granted and to include specific
mitigation measures as may be necessary as a condition of the special
use permit.
C.
Logging roads. Logging roads constructed to provide access to County,
State or Town roads shall be improved with crushed stone at the entrance
for a minimum distance of 100 feet into the property being logged
to reduce the tracking of mud and debris onto such roads except where
the amount and duration of the activity is, in the judgment of the
Code Enforcement Officer, so small as to not warrant such measures.
D.
Periods of operation. During the period of operation, the operator
shall comply with New York State Department of Environmental Conservation
Forest Practice Board standard practice requirements and timber harvest
guidelines and no operations shall take place without a permit from
the Town in accordance with 6.6.1, or while such a permit is revoked.
E.
Repairs to Town roads. The purpose of this permit system shall be
to ensure repairs, where necessary, to any Town roads and compliance
with good forest practice as defined by the New York DEC Forest Practice
Board. All activities subject to a Forestry Management Permit shall
also be subject to the requirements of the Town of Tusten Local Road
Use and Preservation Law. The Code Enforcement Officer shall be authorized
to immediately revoke the permits of any commercial logger who shall
not comply with these requirements until such compliance is secured
and failure to comply shall require the permanent cessation of all
activity by said logger within the Town of Tusten. Commercial loggers
who shall fail to comply with these requirements shall also be ineligible
for any future logging permits within the Town and may be subject
to enforcement action.
[Amended 9-13-2022 by L.L. No. 1-2022]
It is the intent of this § 300-6.7 to regulate the operation of home occupations in order to preserve the residential character of the neighborhood in which the home occupation is operated. Home occupations as set forth in § 300-6.7A shall be considered accessory uses in all districts.
A.
Home-based businesses/home occupations (HBHO). Proposed home occupations which comply with all provisions of this § 300-6.7A and other applicable standards of this chapter shall be permitted as accessory uses in all zoning districts.
(1)
Standards. The home occupation must be clearly incidental and
secondary to the use of the dwelling as a residence.
(2)
Floor area. The home occupation does not use more than 50% of
the ground floor area of the dwelling unit.
(3)
Sales. Retail and wholesale sales shall not be permitted.
(4)
Storage. No outdoor display or storage of materials, goods,
supplies, or equipment used in the home occupation shall be permitted
on the premises.
(5)
Exterior appearance. There shall be no visible evidence that
the residence is being operated as a home occupation except for the
permitted sign.
(6)
Employees. A maximum of three persons other than members of
the immediate family residing in the dwelling shall be employed in
the home occupation.
(7)
Parking. Off-street parking shall be provided on the premises,
as required by this chapter or as otherwise necessary to prevent parking
on any public or private right-of-way.
(8)
Nuisances. A home occupation use shall not generate nuisances
such as traffic, on-street parking, noise, vibration, glare, odors,
fumes, electrical interference, or hazards to any greater extent than
what is usually experienced in the residential neighborhood.
(9)
One nonilluminated identification sign having an area of not
more than four square feet shall be permitted.
(10)
Uses permitted. Accessory use home occupations may include the
following types of uses:
(a)
Professional offices of doctors, dentists, lawyers, architects,
engineers and other professionals.
(b)
Custom dressmaking or tailoring.
(c)
Artist or musician studios.
(d)
Foster family or day care for not more than four children simultaneously.
(e)
Tutoring for not more than five students at a time.
(f)
Beauticians and barbers.
(g)
Mail order or telephone sales where customers do not visit the
premises.
Livestock raising operations and cage-type poultry operations
as part of agriculture or farm operation (see definition of "agriculture
or farm operations"), as permitted in SR, RR, R1 and R2, and permitted
outside approved New York State Agricultural Districts, shall have
a minimum lot area for any new such use of 20 acres.
A.
This section is enacted for the purpose of establishing minimum health
and safety standards for junkyards in the Town of Tusten as well as
controlling their location so as to limit problems of incompatibility
with other activities. This section are enacted pursuant to the authority
granted Towns by § 136 of the General Municipal Law and § 136.1
of the Town Law.
B.
This section shall apply to all junkyards now existing or hereafter
proposed in the Town of Tusten. No junkyard shall be created except
in conformance with the standards herein, and all junkyards shall
be required to conform to said standards or be removed at the owner's
expense.
C.
Exemptions. The following land uses shall be exempt from these requirements,
provided they are not maintained in the manner of a junkyard and do
not include a junkyard operation:
(1)
Storage areas for officially recognized and operable antique
or classic automobiles or other operable special purpose vehicles.
(2)
Agricultural equipment which is utilized as part of an active
farming operation or contractors' construction equipment which
is part of an active contracting business.
(3)
Automobile repair businesses or automobile, vehicle and equipment
sales operations managed by state-licensed dealers. Sales of two or
more unlicensed vehicles per year absent such licensing shall be considered
a junkyard operation.
(4)
No right to establish or continue a junkyard operation shall
be conveyed by the existence of a state license or the presence of
any of the above activities on a site.
D.
License required. No person, partnership, association or corporation,
being the owner or occupant of any land within the Town of Tusten,
shall use or allow the use of such land for a junkyard unless a license
has been obtained and maintained as herein provided, which license
shall be applied for concurrently with application for site plan review
and special use approval hereunder. The Code Enforcement Officer shall
issue a license within 10 days after approval of the application by
the Town Planning Board pursuant to criteria contained herein. Said
license shall be effective from the date of issuance until surrendered
by the licensee or revoked by the Code Enforcement Officer and shall
be renewed annually based on an inspection by the Code Enforcement
Officer as to continued compliance with the standards of this chapter.
No license shall be issued until the Code Enforcement Officer has
received:
E.
Transfers of license. The license may be transferred to a new owner
of a junkyard provided all of the requirements of this chapter are
met and provided the Town is so notified.
F.
Disapprovals. Any disapproval shall be in writing and include the
reasons therefore. The Code Enforcement Officer shall not issue a
license in any instance where the Planning Board has not approved
the site plan and given special use approval.
G.
Right to enter and inspect. The Code Enforcement Officer shall enforce
all of the provisions of this chapter and shall have the right, at
all reasonable times, to enter and inspect any junkyard. The Town
Board shall specify the frequency of such inspections and set fees
to cover costs involved.
H.
Orders to correct. If the Code Enforcement Officer finds that a junkyard
for which a license has been issued, is not being operated in accordance
with the provisions of this chapter, he may serve, personally or by
certified mail to the holder of the license, a written order which
will require the holder of the license to correct the conditions specified
in such order within 10 days after the service of such order.
I.
Suspension of license. If the holder of such license shall refuse
or fail to correct the condition or conditions specified in such order
within 10 days after the service of such order, the Code Enforcement
Officer may suspend such license and the holder of the license shall
thereupon terminate the operation of such junkyard.
J.
Expiration of license. Any license which is not used for the purpose
intended within two years of the date of issuance shall automatically
expire.
K.
Standards applicable to new junkyards. All new junkyards shall conform
to the following standards:
(1)
If a junkyard is to be located adjacent to a federal aid primary
highway, it shall comply with all regulations of the Federal Highway
Administration and the New York State Department of Transportation
and provide evidence of the same to the Town of Tusten.
(2)
Junkyards shall be located no closer than 500 feet to an existing
public right-of-way or 500 feet to any adjoining property.
(3)
Junkyards shall, moreover, be permitted only in R1 Districts.
(4)
All new junkyards must erect and maintain a eight-foot fence
or dense natural screening along the boundaries of the property adequate
to discourage the entrance of children or others into the area and
to contain, within such fence, all materials in which the owner or
operator deals. Such fence or screening shall also substantially screen
the junkyard from public view and otherwise comply with the requirements
of § 136 of the General Municipal Law.
(5)
No junkyard or portion of a junkyard shall be located on a slope
exceeding 12% in grade or so situated on a bluff as to be unscreenable
(visible from an adjacent public highway or residence located above
or below the level of the junkyard).
(6)
No junkyard shall be used as a dumping area for refuse or as
a place for the burning or disposal of trash.
(7)
All continuing dismantling operations shall take place inside
an enclosed structure and any parts of vehicles or equipment shall
similarly be stored inside an enclosed structure. All vehicles awaiting
dismantling or retained for sale or use intact shall be stored in
improved parking areas specifically designated for this purpose.
(8)
The Planning Board, in acting upon the special use application
for any new junkyard, shall consider aesthetics and the impact on
surrounding property consistent with the demands of § 136-7
and 8 of the General Municipal Law.
L.
Standards applicable to existing junkyards. All existing junkyards
shall conform to the following standards:
(1)
Existing nonconforming junkyards shall, within a period of two
years following the effective date of this chapter, be removed unless
a license shall have been obtained for continued operation and the
facility has been made to conform to the regulations provided below.
Junkyards created subsequent to the enactment of this chapter and
discontinued shall be subject to the same standard.
(2)
Applications for licenses to continue operating existing nonconforming
junkyards shall, unless the owners thereof have indicated in writing
their intention to discontinue operations as provided above, be made
within one year following the effective date of this chapter.
(3)
Applications for licenses to continue operation of existing
nonconforming junkyards shall include a site plan depicting the existing
operation and any planned improvements as may be required by this
chapter.
(4)
The plan shall comply with the requirements applicable to new
junkyards to the maximum extent practical and shall include provisions
for screening of the view of the junkyard from adjacent property as
well as the public highway. A six-foot-high fence along the side and
rear boundaries of the property adequate to discourage the entrance
of children or others into the area and to contain, within such fence,
all materials in which the owner or operator deals shall be required
unless physical circumstances would make such fencing wholly impractical.
(5)
All fencing must be approved by the Town of Tusten Planning
Board and produce a screen through which one generally cannot see.
Various materials, including evergreen screening, may be used. The
Town Board shall be responsible for taking measures, including securing
injunctive relief, to ensure maintenance of such fencing or screening.
(6)
The license application and site plan for the existing nonconforming
junkyard shall be processed in a manner identical to that for special
use applications and shall include other information as may be required
to determine compliance with this section. The Planning Board, in
acting upon the application, shall consider the following:
(a)
The impacts of the use on the enjoyment and use of adjoining
properties as well as the community as a whole.
(b)
The degree to which the use can economically be made to comply
with requirements for new junkyards.
(c)
The effectiveness of screening available or to be provided,
visibility from the highway and the extent to which the operator's
plans address various health, safety and aesthetic concerns.
(d)
The extent to which continuing dismantling operations can or
do take place inside an enclosed structure and whether or not all
parts of vehicles or equipment are similarly stored inside an enclosed
structure. Likewise, the Board shall consider whether or not vehicles
awaiting dismantling or retained for sale or use intact are or will
be stored in improved parking areas specifically designated for this
purpose.
(7)
Existing junkyards shall not be expanded except in conformance
with the regulations contained herein for new junkyards, and in no
case will any change in an existing junkyard which would lessen its
conformity with this section be permitted.
(8)
No junkyard shall be used as a dumping area for refuse or as
a place for the burning or disposal of trash.
M.
Site plan for establishment or expansion; notification of nonconformity;
fee schedule. Existing junkyards shall be identified and notified
of any nonconformities with this chapter within 60 days of the effective
date of this chapter. The Code Enforcement Officer shall be responsible
for this procedure and shall, additionally, inform all owners of existing
nonconforming junkyards of the action which must be taken to comply
with this chapter, the time available to take those actions and the
consequences of violations.
N.
Other provisions. Notwithstanding the above provisions, any person
maintaining an unlicensed vehicle on site, for other than purposes
of a licensed automobile sales operation, shall keep such vehicle
inside a building or in a rear yard fully screened with vegetative
material or fencing from view from a public highway or an adjacent
residential property.
Manufactured homes and manufactured home parks shall be subject
to the requirements of the Town of Tusten Manufactured Home Law[1] and the following standards and review criteria. Individual
manufactured homes shall be subject to all the regulations applicable
to other single-family detached dwellings. They may be installed in
districts where permitted (see schedule of district regulations[2]) or on a single lot not in a manufactured home park, provided they meet the following specific standards and review criteria outlined in § 300-6.10A and B, respectively.
A.
Standards applicable to individual manufactured homes.
(1)
Every manufactured home, whether sited individually or situated
in a manufactured home park shall have not less than 12 feet in width
and 500 square feet of living area. This standard shall not be met
by including any living area later added to the basic manufactured
unit.
(2)
All manufactured homes shall be sited on a reinforced slab or
a masonry foundation, which foundation and the area up to the floor
level of the manufactured home shall be screened from view from the
highway and from adjoining properties by skirting acceptable to the
Planning Board. The Planning Board may individually approve such skirting
and associated landscaping plans or adopt appropriate standards for
use of the Code Enforcement Officer in administering this provision.
(3)
All manufactured homes and associated structures shall comply
with the New York State Uniform Fire Prevention and Building Code
to the extent that such Code is applicable.
B.
Manufactured home park special use and site plan review criteria.
The Planning Board shall, in reviewing and acting upon special use
applications for manufactured home parks, apply the requirements of
the Town of Tusten Manufactured Home Law[3] and the following standards and review criteria:
(1)
The location of the park shall be one demonstrably suitable
for such use, with proper drainage and provisions for stormwater control
such that the amount of water leaving the site after development shall
not be greater than prior to development.
(2)
There shall be documentation of the availability and adequate
capacity of all utility providers to service the park. Centrally supplied
centralized sewage treatment and water supply facilities shall be
provided.
(3)
The park shall be designed to provide maximum open space consistent
with the minimum mobile home lot size requirements of the Manufactured
Home Law and offer buffering of individual mobile home from each other
and from other adjoining lot owners. It shall be landscaped so as
to develop and maintain a high-quality aesthetic environment and neighborhood
character for prospective new and existing residents.
(4)
Adequate provisions shall be made for outside storage space
and these shall not in any way interfere with emergency access.
(5)
Adequate provisions shall be made to control potential nuisance
situations such as accumulation of unused materials or vehicles.
(6)
Recreational facilities sufficient to accommodate the number
of dwellings proposed shall be provided.
(7)
All roadways shall be constructed to standards which will facilitate
dedication to the Town of Tusten.
(8)
There shall be adequate groundwater supplies to support the
proposed water system without causing a detrimental impact on adjoining
water supplies and evidence of this shall be provided and professionally
reviewed.
(9)
The management and operations plan for the park shall provide
for maintenance of all common facilities and ensure the purposes and
requirements of this chapter are met. It shall also provide for limitation
of occupancy to manufactured homes meeting U.S. Department of Housing
Urban Development regulations under the Manufactured Housing Act.
(10)
Mixed-use residential developments wherein mobile homes and
other single-family detached dwellings are both provided shall be
encouraged where the other criteria contained herein can be met. All
other single-family detached development, however, shall comply with
the requirements of this chapter and the Town of Tusten Subdivision
Law.[4]
(11)
The manufactured home park shall not result in an over-concentration
of such uses in a particular area of the Town.
(12)
The manufactured home park shall not have a detrimental or negative
impact on adjacent properties or the general welfare of the residents
of the Town of Tusten.
(13)
If a proposed park is one judged to present detrimental impacts,
the Planning Board shall consider whether an approval could be conditioned
in such a manner as to eliminate or substantially reduce those impacts.
(14)
The Planning Board shall also consider whether the park will
have a positive or negative effect on the environment, job creation,
the economy, housing availability or open space preservation and the
application shall comply fully with the requirements of the State
Environmental Quality Review Act (SEQRA).[5]
[5]
Editor's Note: See Environmental Conservation Law Art. 8, § 8-0101
et seq.
All mining and mineral extraction (these terms shall, for purposes
of this chapter, be synonymous) shall require issuance of a Department
of Environmental Conservation (DEC) permit as required and a special
use permit from the Town of Tusten. In addition, stripping of topsoil
for sale or use on other premises, except as may be incidental and
no more than is necessary to a construction project, is prohibited
within the Town without the issuance of a special use permit by the
Planning Board. Major mining operations shall be prohibited within
the Recreational River (RR) and Scenic River (SR) Districts and elsewhere
limited as provided on the schedule of district regulations.[1] They shall require a wooded setback of least 100 feet
in width from all property lines unless the site is presently unwooded
in which case a fifty-foot-wide evergreen screen of least eight feet
in height shall be established.
A.
Off-street parking. In all districts in connection with every manufacturing,
business, institutional, recreational, residential or any other use,
there shall be provided, at the time any building or structure is
erected or enlarged, any land is used, or a change in use of land
or structure, off-street parking spaces open for vehicles of employees,
residents and/or patrons in accord with the requirements of this section.
[Amended 9-13-2022 by L.L. No. 1-2022]
(1)
Size of spaces. Each off-street parking space shall have an
area of not less than 200 square feet, exclusive of access drives
or aisles, and shall measure 10 feet by 20 feet.
(2)
Number of spaces and uses not listed below. The number of required
off-street parking spaces set forth in the schedule below are both
the minimum and maximum requirements. In the case of any use, building,
or structure not specifically mentioned herein, the parking requirements
shall be set by the Planning Board, who shall take into consideration
similar uses in the schedule.
|
Use
|
Parking Spaces Required
| |
|---|---|---|
|
Dwellings
|
3 per dwelling unit
| |
|
Homes for handicapped or infirm, nursing homes, group care homes,
and similar uses
|
3 per every 5 beds
| |
|
Hotels, motels, boardinghouses and tourist houses, bed-and-breakfast
establishments and other uses providing overnight accommodations
|
1 per bedroom, and 1 for each employee on a peak shift
| |
|
Sales and rental of goods, merchandise and equipment:
|
Spaces per square feet of gross floor area (SFGFA)
| |
|
1.
|
Retail establishments
|
1 per 200 SFGFA open to the public
|
|
2.
|
Wholesale establishments
|
1 per 400 SFGFA
|
|
Offices, research facilities and services not primarily
related to goods:
|
Spaces per square feet of gross floor area (SFGFA)
| |
|
1.
|
Serving customers or clients on premises such as attorneys,
physicians, insurance and travel agents
|
1 per 200 SFGFA
|
|
2.
|
Drive-in banks
|
1 per 200 SFGFA plus reservoir lane capacity equal to 5 spaces
per drive-in window
|
|
3.
|
Serving little or few customers or clients on premises, such
as corporate offices
|
1 per 400 SFGFA
|
|
Manufacturing, processing, renovating, assembling goods, merchandise
and equipment
|
1 per 400 SFGFA
| |
|
Educational, cultural, religious social, fraternal uses:
|
Spaces per square feet of gross floor area (SFGFA)
| |
|
1.
|
Public and private schools
|
1.75 per classroom for elementary and middle schools; and 5
per classroom for high schools
|
|
2.
|
Trade and vocational schools, colleges
|
1 per 100 SFGFA
|
|
3.
|
Churches, synagogues and temples
|
1 per every 4 seats used for services
|
|
4.
|
Libraries and museums, social, fraternal clubs and lodges and
similar uses
|
1 per 300 SFGFA
|
|
Recreation, amusement and entertainment:
|
Spaces per square feet of gross floor area (SFGFA)
| |
|
1.
|
Bowling alleys
|
1 per every 3 persons of fully utilized design capacity; otherwise
1 per 200 SFGFA
|
|
2.
|
Movie theaters
|
1 per every 4 seats
|
|
3.
|
Public and private outdoor recreation facilities such as golf
courses
|
1 per 200 SFGFA plus 1 per every 3 persons of fully utilized
design capacity
|
|
Hospitals, clinics and other medical treatment facilities
|
2 per bed or 1 per 150 SFGFA, whichever is greater
| |
|
Restaurants, bars, taverns and other eating establishments
|
1 per 100 SFGFA plus reservoir lane capacity equal to 5 spaces
per drive-in window
| |
|
Vehicle related uses:
|
Spaces per square feet of gross floor area (SFGFA)
| |
|
1.
|
Sales, service, repair
|
1 per 200 SFGFA
|
|
2.
|
Gas sales
|
1 per 200 SFGFA plus sufficient parking area at pumps which
does not interfere with other required spaces
|
|
3.
|
Car and truck wash
|
1 per 100 SFGFA plus 2 reservoir spaces in front of each stall
for self-serve and 5 reservoir spaces for conveyor type
|
|
Warehousing and storage
|
1 per 4,000 SFGFA
| |
|
Miscellaneous uses:
|
Spaces per Square Feet of Gross Floor Area (SFGFA)
| |
|
1.
|
Veterinary
|
1 per 200 SFGFA
|
|
2.
|
Open-air sales used for display or sales
|
1 per 1,000 square feet of lot area
|
|
3.
|
Nursery schools and day care
|
1 per 150 SFGFA
|
|
4.
|
Greenhouses
|
1 per 200 SFGFA
|
|
5.
|
Emergency services
|
1 per 200 SFGFA
|
|
6.
|
Junkyards and scrap yards
|
1 per 200 SFGFA
|
|
7.
|
Post office
|
1 per 200 SFGFA
|
|
8.
|
Home businesses or occupations (HBHO)
|
1 per employee
|
|
Note: SFGFA means "square feet of gross floor area." Gross floor
area is the sum of the total horizontal areas of the several floors
of a building measured from the exterior face of exterior walls, or
from the center line of a wall separating two buildings, but not including
interior parking spaces, loading space for vehicles, or any space
where the floor to ceiling height is less than six feet.
|
(3)
Reduction of parking spaces. Should the applicant provide evidence that the number of parking spaces required by this section is not necessarily required to meet the immediate needs of the proposed use, the number of spaces provided may be reduced provided a sufficient and suitable area is reserved for future parking, as feasible, to meet the normal standards in this section and the applicant shall agree in writing to install the parking at the direction of the Planning Board (in accordance with Article VIII of this chapter) or Code Enforcement Officer. All reserve parking areas shall be included in the calculation of lot coverage area and designed and approved as part of site plan review application, as applicable.
(4)
Waiver of parking requirements. In the DB District only, for
all uses requiring site plan review and special use permit, and as
may be applicable to the site, the applicant shall demonstrate to
the Planning Board that sufficient parking to satisfy the parking
standards set forth in this section cannot be satisfied. Based on
the information provided by the applicant, the Planning Board may
waive partially or totally the parking requirement of this chapter.
Information provided by the applicant may include but is not limited
to sketch plans of the property showing all parking spaces with measurements,
as well as areas that can or cannot be used for current parking or
can or cannot be feasibly altered to provide parking. Photos, cross
sections, and information showing locations of as-built and planned
utilities and infrastructure may also contribute support. Preapplication
or sketch plan meetings and site visits may lend further accuracy
to existing conditions and inform consideration of waiver requests.
The Planning Board shall make a finding supporting the waiver or stating
why the waiver was not granted. For uses not requiring site plan review
and special use permit in the DB District, the Code Enforcement Officer
may waive partially or wholly parking requirements upon a demonstration
by the applicant that the required parking cannot be met.
(5)
Number of parking spaces. The numerical parking requirements
for each use set forth in the above schedule are both the minimum
and the maximum requirement. Should an applicant for a site plan review
and special use permit provide evidence that the number of parking
spaces required by this section is insufficient to meet parking needs,
or is more than needed, the Planning Board shall consider such evidence
and demonstrated need and may, in its discretion, permit an increase
or decrease in the number of spaces to the minimum extent necessary
to meet the demonstrated need. The Planning Board shall set forth
its rationale for increasing or decreasing the number of permitted
parking spaces in writing.
(6)
Shared parking. Shared parking arrangements between private
lots and businesses are encouraged and are preferred in situations
where two adjacent land uses have different peak times (e.g., a movie
theater and a supermarket) or, conversely, if they share the same
patrons (e.g., a dry cleaner and a deli). The applicant shall provide
evidence of either or both situations, or other circumstances, in
order for the Planning Board to approve a shared parking requirement
as part of a site plan review or special use permit. Further, the
applicant shall present a contractual agreement between sharing property
owners that ensures the proper maintenance and functioning of the
shared parking arrangement in form, substance and manner of execution
acceptable to the Attorney for the Town. Unless specified for a shorter
period, the shared parking arrangement shall expire upon cessation
of one of the two involved uses. The remaining active use shall submit
an amendment to the original site plan review approval, if applicable,
or provide to the Code Enforcement Officer a parking plan that meets
the requirements of this section.
(7)
Water quality protection and stormwater runoff mitigation. Innovative design techniques, also to referred to as green infrastructure practices, including porous paving and bioretention devices, are encouraged. Requirements for parking lot landscaping are detailed in § 300-6.13L and stormwater control requirements for special uses, including green infrastructure references, are set forth in § 300-6.13M.
B.
Off-street loading.
(1)
Requirement. Adequate off-street loading and unloading berths
shall be provided for any commercial, institutional, manufacturing,
wholesale use or other nonresidential use. Any land which is developed
as a unit under single ownership and control shall be considered a
single lot for the purpose of these requirements and at least one
such berth shall be provided for each lot. In the case of a special
use/site plan, additional berths may be required by the Planning Board.
(2)
Size. Each required loading berth shall be at least 12 feet
wide, 65 feet long and 14 feet high or uncovered. All permitted or
required loading berths shall be on the same lot as the use to which
they are necessary and shall not include any one area used to meet
parking requirements.
C.
Access requirements. Access to and from all off-street parking, loading
and vehicle service areas along public rights-of-way shall consist
of well-defined separate or common entrances and exits and shall comply
with the following provisions:
(1)
Sight distance. Access drives shall not open upon any public
right-of-way line of any intersecting public street or highway where
the sight distance in either direction would be less than required
by Town, county or state regulations applicable to the same.
(2)
Entrance and exit. There shall be no more than one entrance
and one exit to any business or parking area on any one highway unless
topography or other physical features dictate the use of more than
one access for safety reasons. Each entrance and exit shall be clearly
defined with curbing, fencing, or vegetative screening so as to prevent
access to the area from other than the defined entrances and exits.
In no case shall one entrance and exit be located within 80 feet of
any other on the same property or adjoining property along the same
public right-of-way. Nonconforming lots, however, shall be exempt
from this requirement.
(3)
Commercial subdivision. Any subdivision of property within a
DB or RB District shall provide no more than one common entrance and
one common exit on any public right-of-way, unless topography or other
physical features dictate the use of more than one access for safety
reasons. Interior access drives shall be provided for movement of
traffic to the public right-of-way.
D.
Lighting. Any lighting used to illuminate any off-street parking
shall be so arranged as to reflect the light away from adjoining premises
and public right-of-ways.
E.
Public right-of-ways. Parking, loading and unloading of vehicles
shall not be permitted on public right-of-ways.
F.
Surfacing. All off-street parking areas and access roads, except
those accessory to a one-family or two-family dwelling, shall be graded
for proper drainage and shall be surfaced so as to provide a durable
and dustless surface, such as a gravel, concrete or bituminous concrete
surface.
[Amended 9-13-2022 by L.L. No. 1-2022]
The intent of this § 300-6.13 is to regulate the development, operation, and potential impacts of all nonresidential uses in the Town and to protect the environment and the public health, safety, and general welfare. The following performance standards shall apply to all proposed new or expanded special uses, commercial, and industrial uses.
A.
Yards and buffers.
(1)
Unless otherwise regulated by this chapter, where a commercial
or light industrial use is proposed contiguous to any district, the
Planning Board may require that the minimum size of the abutting yard
shall be increased up to 150%. Storage of equipment, supplies, products
or any other materials shall not be permitted within 10 feet of any
property line or public road right-of-way.
(2)
Landscaped buffers may be required for special uses by the Planning
Board in any yard in order to assure the protection of adjoining uses
by providing barriers that block the glare of lights; reduce noise;
serve as a protective barrier by blocking physical passage to dangerous
areas; and reduce air pollution, dust and litter; and to otherwise
maintain and protect the rural character of the district.
(a)
Type. In determining the type and extent of the buffer required,
the Planning Board shall take into consideration the design of the
project structure(s) and site, topographic features which may provide
natural buffering, existing natural vegetation, and the relationship
of the proposed project to adjoining areas.
(b)
Width. The width of the required buffer shall be determined
by the Planning Board.
(c)
Vegetative screening. A mix of ground cover and shrubbery vegetation
and canopy trees, of such variety compatible with the local climate,
may be required so that a dense screen not less than six feet in height
will be formed within three years of planting.
(d)
Berms, walls and fences. Berms and landscaped walls or fences,
compatible with the principal building design, may be incorporated
in the required buffer. Front yard buffers shall be provided in the
same manner to a height of not less than four feet; however, all clear
sight triangles shall be maintained.
(e)
Adjoining uses. In any case, special consideration shall be
given to existing residential uses and sites where residential uses
are likely to be developed. In cases where the adjoining use is a
commercial use, or when two or more adjacent properties are developed
under a common site plan, the width and density of the buffer may
be reduced if the Planning Board shall determine that the proposed
use and adjoining use(s) are not incompatible.
B.
(Reserved.)
C.
Fire and explosion hazards. All activities involving any manufacturing,
production, storage transfer or disposal of inflammable and explosive
materials shall be provided with adequate safety devices against the
hazard of fire and explosion and adequate firefighting and fire suppression
equipment and devices standard in the industry shall be required.
Burning of waste materials in open fires is prohibited. Details of
the potential hazards and details of planned safety and accident response
actions shall be provided by the applicant for review by the local
fire company(s). Additional buffer areas or fencing may be required
by the Planning Board for special uses if the nature of the proposed
use as determined by the Planning Board so requires.
D.
Electrical disturbance. No activities shall be permitted which result
in electrical disturbance adversely affecting the operation of any
equipment other than that of the creator of such disturbance.
E.
Noise. The maximum sound-pressure level radiated by any use or facility
at any lot line shall not exceed the values in the designated octave
bands listed in Table 6.13.5-1, after applying the corrections shown
in Table 6.13.5-2. The sound-pressure level shall be measured with
a sound level meter and associated octave band analyzer conforming
to standards prescribed by the American Standards Association, Inc.,
as designated by the Town Board. The Planning Board may, in case of
special uses, require additional setbacks, buffers and fencing, or
limit the hours of operation to mitigate any potential noise impacts
of any proposed use.
(1)
Maximum levels. Maximum permissible sound-pressure levels at
the lot line for noise radiated continuously from any facility or
activity between the hours of 9:00 p.m. and 7:00 a.m. shall be as
listed in Table 6.13.5-1.
|
Table 6.13.5-1
| |
|---|---|
|
Frequency Band
(cycles per second)
|
Sound-Pressure Level
(decibels re 0.0002 dyne/cm)
|
|
20-75
|
69
|
|
76-150
|
60
|
|
151-300
|
56
|
|
301-600
|
51
|
|
601-1,200
|
42
|
|
1,201-2,400
|
40
|
|
2,401-4,800
|
38
|
|
4,801-10,000
|
35
|
|
Table 6.13.5-2
| ||
|---|---|---|
|
Type of Operation or Character of Noise
|
Correction in Decibels
| |
|
Day time operation only
|
+5
| |
|
Noise source operation less than:
| ||
|
a. 20% of any 1-hour period
|
+5
| |
|
b. 5% of any 1-hour period
|
+10
| |
|
c. 1% of any 1-hour period
|
+15
| |
|
Noise of impulsive character (hammering, etc.)
|
-5
| |
|
Noise of periodic character (hum, scream, screech, etc.)
|
-5
| |
|
* Apply only one of these corrections.
|
(2)
Corrections. If the noise is not smooth and continuous, and
is not radiated between the hours of 9:00 p.m. and 7:00 a.m., one
or more of the corrections in Table 6.13.5-2 shall be applied to the
decibel levels in Table 6.13.5-1.
(3)
Exemptions. The maximum permissible sound levels of this § 300-6.13E shall not apply to any of the following noise sources:
(a)
Sound needed to alert people about an emergency or building,
equipment, or facility security alarms.
(b)
Repair or construction work to provide electricity, water or
other public utilities between the hours of 7:00 a.m. and 9:00 p.m.,
except for emergency repairs which shall not be restricted by time.
(c)
Construction operations (including occasional blasting in construction)
at and repairs of public facilities between the hours of 7:00 a.m.
and 9:00 p.m., except for emergency repairs which shall not be restricted
by time.
(d)
Agricultural activities, but not exempting kennels.
(e)
Motor vehicles when used on public streets in accord with state
regulations.
(f)
Railroads and aircraft.
(g)
Public celebrations, specifically authorized by the Town, the
county, state or federal government body or agency.
(h)
Unamplified human voices.
(i)
Routine ringing of bells or chimes by a place of worship or
municipal clock.
F.
Vibration. No vibration shall be permitted which is detectable without
instruments at the property line.
G.
Lighting and glare. The following standards apply to lighting and
glare.
(1)
No light source shall be exposed to the eye and will require
full cutoff lighting fixtures that direct lighting down toward the
ground.
(2)
Lighting design should be an inherent part of the architectural
design.
(3)
All streets, off-street parking areas and areas of intensive
pedestrian use shall be adequately lighted.
(4)
Appropriate lighting fixtures shall be provided for walkways
and to identify steps, ramps, and directional signs.
(5)
The applicant shall provide the specifications of the proposed
lighting and its arrangement on the site plan.
(6)
All lighting shall be designed so as to avoid unnecessary or
unsafe spillover of light and glare onto operators of motor vehicles,
pedestrians and land uses in proximity to the light source. Light
sources shall comply with the following standards listed in Table
6.13.7-1:
|
Table 6.13.7-1 Lighting Standards
| ||
|---|---|---|
|
Type of Light Source
|
Maximum Illumination Permitted at Property Line
(footcandles)
|
Maximum Permitted Height of Light
(feet)
|
|
Globe Light
|
0.20
|
15
|
|
>90% Cutoff
|
0.75
|
25
|
|
<90% Cutoff
|
2.00
|
30
|
(7)
No direct or sky-reflected glare, whether from floodlights or
from high-temperature processes such as combustion or welding or otherwise,
shall be permitted so as to be visible at the property line.
H.
Smoke. No emission shall be permitted from any chimney or otherwise
of visible gray smoke of a shade equal to or darker than No. 2 on
the Power's Micro-Ringlemann Chart, published by McGraw-Hill
Publishing Company, Inc., and copyright 1954.
I.
Odors. No emission shall be permitted of odorous gases or other odorous
matter in such quantities as to be readily detectable without instruments
at the property line of the parcel from which the odors are emitted.
J.
Other forms of air pollution. No open or exterior burning of any
raw material, component or other substance associated with any production
process shall be permitted. No waste materials or by-products shall
be burned or incinerated on any property except at a NYSDEC approved
solid waste disposal facility. In any case, no emission of fly ash,
dust, fumes, vapors, gases and other forms of air pollution shall
be permitted which can cause any damage to health, to animals, vegetation,
or other forms of property, or which can cause any excessive soiling.
K.
Surface water and groundwater protection.
(1)
All activities involving the possible contamination of surface
water or groundwater shall be provided with adequate safety devices
to prevent such contamination. Details of the potential hazards (including
the groundwater characteristics of the area in which the use is proposed)
and details of planned safety devices and contamination response actions
shall be provided by the applicant. The applicant shall also provide
details about the use of groundwater and any processes that could
result in the depletion of groundwater supplies.
(2)
In the case of special uses, the Planning Board may require
a plan to be submitted for review and approval and may require financial
security for insuring contamination response. Monitoring wells and
water quality testing may also be required by the Planning Board.
(3)
In cases where the use is of such a nature that large volumes
of groundwater are required the applicant shall provide appropriate
hydrogeologic studies which clearly establish that the proposed use
will not cause a reduction in the quantity or the quality of groundwater
supplies available to other properties located within 1,000 feet of
any portion of the property where the proposed use will be located.
L.
Landscaping. To ensure acceptable buffers are located between adjacent
residential and nonresidential uses; to mitigate impacts of stormwater
runoff; and to help create a healthy, safe, and aesthetically pleasing
environment in the Town, the Planning Board shall require a landscaping
plan as part of site plan approval for any proposed special use. For
larger or more complex projects, the Planning Board may require that
the landscaping plan be developed by a licensed landscape architect.
The landscaping plan shall include the overall design of the landscaping
proposed; delineated areas including entries, parking areas, walkways,
and areas adjacent to buildings; the type and size of vegetation to
be utilized; the details of installation; and a maintenance program.
A landscaping plan shall meet the following minimum design standards:
(1)
Preservation of existing resources. To the extent practicable,
landscaping plans shall preserve existing undisturbed areas, buffers,
and sensitive areas. Plans shall also indicate areas of restoration
and reuse of topsoil.
(2)
Disturbed areas. All disturbed areas of the site shall be included
in the landscaping plan, and those areas immediately adjacent to buildings
and walkways shall be given extra consideration.
(3)
Pedestrian walkways. Adequate pedestrian walkways shall be provided
for access to and from parking areas and to and from common use areas
and shall be an integral part of the landscaping plan. Such walkways
shall be consistent with the architectural type of the project and
shall be ADA[1] compliant.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(4)
Plant type. Plants shall be of a variety proven successful in
the Town's climate, unless otherwise approved by the Planning
Board. Native species shall be used to the extent practicable. Invasive
plant species shall not be used.
(5)
Buffers. Where landscaping is required to serve as a buffer
(e.g., between the project and adjoining properties or between buildings
and parking areas) the plants used shall be of such variety, size
and arrangement of height and spacing to effect the required buffer
in a reasonable period of time as determined necessary by the Planning
Board. The width of the landscaped buffer shall generally not be less
than 10 feet in all required yards, unless the applicant can demonstrate
to the Planning Board that the buffer can be affected by other means
such as soil mounding and/or fencing. Buffers of greater width may
also be required as a condition of approval to address specific requirements
of particular uses.
(6)
Parking areas. In order to help optimize natural infiltration
of rainwater, intercept and manage stormwater runoff, and enhance
aesthetics, the following standards shall apply to parking area design.
(a)
In proposed developments with parking areas of 10 or more spaces,
a minimum of 15% of the total off-street parking area(s) shall be
landscaped with a mixture of trees, shrubs, vines, ground cover, hedges,
flowers, bark, chips, decorating cinders, gravel, and similar material.
Such required landscaped or open space may be provided in the form
of islands, aesthetic landscape treatments, or pedestrian refuge/oasis
areas and combinations thereof. A minimum of one-third of the required
landscaping shall be distributed within the interior of the parking
facility. Perimeter buffers between the parking lot and adjacent streets
may be included as required landscaped or open space.
(b)
Developments with proposed parking areas of 25, or more spaces, in addition to the requirements of § 300-6.13L(6)(a) above, shall provide landscaped islands of a minimum width of nine feet and 18 feet in length throughout the parking area, planted with a mix of shrubs and trees. Such islands shall be situated to define entrances and exits, to separate long rows of spaces, and to separate pedestrian walkways from driving aisles. All landscaped islands shall be situated below the grade of the parking area so as to serve as bioretention filters for stormwater runoff. Grading plans shall be designed to direct and disperse stormwater evenly to the landscaped islands. Curbing may be used to partially enclose islands and direct stormwater to the interior of the islands. Plant species within islands shall be able to withstand both temporarily saturated and prolonged dry conditions.
(7)
Landscape materials. The variety of landscape materials shall
be consistent with building architecture, the surrounding area and
plant type shall be appropriate for the size and location of the space
it is to occupy.
(8)
Natural features. Attractive natural features of the site, including
mature trees, shall be preserved to the greatest extent possible.
(9)
Artificial materials. Plastic and other artificial landscape
materials shall not be permitted with the exception of permeable weed
control material.
(10)
The minimum branching height for all shade trees shall be six
feet.
(11)
Shade trees shall have a minimum caliper of 2 1/2 inches
(measured one foot above grade) and be at least 12 feet in height
when planted.
(12)
Evergreen trees shall be a minimum of six feet in height when
planted.
(13)
Shrubs shall be a minimum of 24 inches in height when planted.
Hedges shall form a continuous visual screen within two years after
planting.
(14)
All lot area (except where existing vegetation is preserved)
shall be landscaped with grass, ground cover, shrubs, or other appropriate
cover.
(15)
The preservation of mature shade trees shall be required unless
there is no alternative but to remove them. These may be used to meet
requirements of this subsection provided the Planning Board determines
the purpose of this subsection is achieved.
(16)
Where it is determined that a proposed special use would not
have a significant impact on the natural environment, adjoining landowners
or the view from a public highway, these requirements may be appropriately
modified but not be waived unless no new construction is involved.
(17)
A performance guarantee in the amount of 125% of the cost of
materials and installation may be required to assure that all landscaping
survives in a healthy condition for a minimum of one full year or
more, as determined by the Planning Board, and any required fencing
is properly maintained. The Planning Board shall determine the amount
of the guarantee and consider financial impacts of this requirement
on the project. The Code Enforcement Officer shall have the right
to enter upon the property to inspect the landscaping and, after notifying
the owner of any deficiencies, to require that the guarantee be used
to pay for the replacement of any dead, dying, diseased, stunned or
infested plant materials. The requirement to maintain such fencing
and landscaping shall continue beyond the period of the guarantee
and the Code Enforcement Officer may proceed as provided herein to
remedy any deficiencies in this regard.
(18)
All applicable requirements of these landscaping regulations
shall be fully met prior to the Code Enforcement Officer granting
a certificate of occupancy for a new building or use subject to these
regulations.
(19)
Maintenance. All landscaping, including hardscape elements,
shall be maintained in good growing condition by the property owner
with plants that have died being replaced with similar plants.
M.
Stormwater management and soil erosion control.
(1)
In accordance with NYS stormwater permit requirements, and prior
to commencing construction activity, the owner or operator of a construction
project that will involve soil disturbance of one or more acres must
obtain coverage under the State Pollutant Discharge Elimination System
(SPDES) general permit for stormwater discharges from construction
activity.
(2)
When construction activities subject to the NYS stormwater permit
are part of a special use permit or site plan review permit being
considered by the Town, the Town Planning Board must assure that the
NYS stormwater requirements are met prior to approval of such special
use permit or site plan review permit. The Planning Board shall request
that all materials submitted to NYS be submitted as part of the special
use permit or site plan review permit.
N.
Waste materials. No liquid, solid, toxic or hazardous waste shall
be stored or disposed in any area, either above or below ground level,
except for the temporary storage thereof pending removal from the
premises. Such temporary storage and handling of waste shall be in
a designated area and shall be conducted in compliance with all applicable
state and federal regulations in order to prevent any water, soil
or air contamination and shall be screened from view of adjoining
properties and any public road right-of-way by fencing or other buffers.
In addition, no waste discharge is permitted into any reservoir, sewage
or stormwater disposal system, stream, open body of water or onto
the ground.
O.
Sewage disposal. Sewage disposal shall be provided by a system meeting
the requirements of the New York State Department of Health to all
uses, including residential uses, governed by this chapter. Discharge
to such system shall be limited to normal, domestic and human bodily
wastes unless the treatment system has been specifically designed
to handle other wastes or the wastes are pretreated in accord with
Department of Health or local sewer district requirements. No discharge
of wastes, by-products or materials in any way associated with a production
process, health care or veterinary facility medical wastes, funeral
home wastes, or other commercial wastes shall be permitted to any
subsurface, land application or other soil based sewage disposal system.
P.
Water supply. All uses, including residential uses, governed by this
chapter shall be provided with an adequate and safe water supply meeting
all applicable Town, county, water district and state regulations.
No portable home storage units or Portable On Demand Storage
(PODS®) storage structures may be utilized
as a temporary structure unless a permit is obtained for each Portable
On Demand Storage structure or PODS® by application to the Code Enforcement Officer who shall issue such
permit if the following requirements of this section are satisfied:
A.
A Portable On Demand Storage structure or PODS® is located as a temporary structure on property within the Town
for a period not to exceed 30 consecutive days.
B.
No more than two Portable On Demand Storage structures may be located
on a specific piece of property within the Town at one time; such
structures shall be individually limited to the duration time period
established herein.
C.
Such temporary structure(s) may not be located on a specific property
more than two times in any given thirty-calendar-day period. Such
temporary structure shall be located no closer than 10 feet to the
property line unless placed on an existing impervious driveway.
D.
All locations must be paved off-street surfaces. The applicant must
obtain preapproval of the location by the Town Code Enforcement Officer
in the following situations:
E.
Such structure may not exceed eight feet six inches in height, 10
feet in width or 20 feet in length. It shall be the obligation of
the owner or user of such temporary structure to secure it in a manner
that does not endanger the safety of persons or property in the vicinity
of the temporary structure. In the event of high winds or other weather
conditions in which such structure may become a physical danger to
persons or property, the appropriate law enforcement officers may
require the immediate removal of such temporary structure.
F.
When necessary to facilitate clean up and/or restoration activities
resulting from a flood, fire or natural disaster to a building or
structure one portable storage unit may be located on the property
for a period not to exceed 180 days.
G.
Any Portable On Demand Storage structure which is not removed at
the end of the time for which it may lawfully remain in place, or
immediately upon the direction of a law enforcement officer for removal
of such temporary structure for safety reasons, may be removed by
the Town immediately, without notice, and the cost of such removal,
together with the cost of administration of its removal, may be assessed
against the property on which the temporary structure was located
and may be filed as a lien against such property by the Town Clerk.
Such lien shall be superior in dignity to all other liens or encumbrances
upon the property, including the lien of a mortgage, and shall be
equal in dignity to the lien of ad valorem taxes.
H.
All portable storage unit containers must include a placard not to
exceed one square foot in area which is clearly visible from the right-of-way
which includes the container identification number, date of its placement
on the property, date that removal will be required, and a local telephone
number.
A.
Disposal required. All solid waste generated in conjunction with
any use shall be disposed of in a New York State approved solid waste
disposal facility.
B.
Facility requirements. Solid waste facilities are considered special
uses in all districts and, in addition to all other applicable requirements
of this chapter, shall comply with the following requirements:
(1)
Parcel size. The minimum parcel size shall be 50 acres.
(2)
Setbacks. All disposal facilities shall not be closer than 500
feet to any property line.
(3)
Fence. All solid waste facilities shall be completely enclosed
by a chain-link fence not less than 10 feet in height. All gates shall
be closed and locked when closed for business. The fence and gate
shall be maintained in such a manner as not to become unsightly. There
shall be no advertising of any kind placed on the fence.
(4)
Buffer. In cases where natural vegetation is not adequate to
screen the facility from view from adjoining properties or roads,
a dense evergreen planting to affect such screening shall be provided
and maintained by the operator in accord with a planting plan submitted
by the applicant and approved by the Planning Board.
(5)
State approval. special use/site plan approval shall be contingent
upon New York State approval of the facility.
Swimming pools, whether aboveground or below-ground, that are
accessory to single-family dwellings shall not be located closer than
10 feet to any property line or within any front yard. Swimming pools
accessory to more than one residential dwelling unit or to a nonresidential
use shall not be located closer than 50 feet to any property line,
within 50 feet of a dwelling or within any front yard. All pools shall
comply with all applicable New York State laws.
Areas within the boundaries of the Upper Delaware National Scenic and Recreational River shall be subject to the following requirements of the Town of Tusten via the Scenic River (SR) and Recreational River (RR) Districts, and, where applicable, the Scenic Overlay (SO) District. The purpose of this section, which were introduced in Article III, § 300-3.0 of this chapter, is to ensure development conforms with the recommendations of the Upper Delaware River Management Plan (RMP) of 1986.
A.
Applicability and standards of the Scenic Overlay (SO) District.
The Scenic Overlay (SO) District applies to all areas along Route
97 that extend 250 feet on each side of the Route 97 right-of-way
edge within the SR and RR Districts. The SO District shall require
that no building exceed 28 in height,[1] front yards be increased by 50%, no greater than 60% of
vegetation shall be removed (except in RB Districts) and all uses
other than residential shall be processed as special uses.
[1]
Editor's Note: So in original.
B.
Density in the Scenic River (SR) District. Residential density in the SR District shall not exceed a net density of one dwelling unit per five acres. See schedule of district regulations in Article IV.
C.
Prohibition of types of nonresidential development. Junkyards and
salvage operations, solid waste disposal sites, light manufacturing,
commercial uses which involve more than 2,000 square feet of floor
area or five employees and major airports shall not be permitted in
the river corridor. This shall not be construed, however, to permit
any use not otherwise provided for in the respective zoning districts
on the schedule of district regulations.
D.
Ridgelines. This section shall be applicable in all areas of the
Scenic River (SR) and Recreational River (RR) Districts. Any proposal
for a building or structure or use located within 100 feet of the
ridgeline as designated in the River Management Plan (RMP) or which
is proposed at a lower elevation and which would be visible from the
Delaware River shall be considered a special use and the applicant
shall submit for approval a plan detailing how the proposed use will
be developed in accord with the intent of the RMP. In addition to
the following standards, all other applicable requirements of this
chapter shall apply:
E.
Special setback requirements. No building, structure or any part
of any septic system in the Scenic River (SR) and Recreational River
(RR) Districts shall be located less than 100 feet from top of the
riverbank of the Delaware River.
F.
Other conditions for special uses. In addition to the standards contained in Article III of this chapter, the Planning Board shall, in approving special uses in the Scenic River and Recreational River Districts, take into consideration the effect of the proposed use on the UDSRR and shall attach any and all conditions of approval necessary to provide protection to the River Management Plan (RMP) from impacts of development. Said conditions may include, but shall not be limited to, increased setbacks; buffers, landscaping and fencing; special stormwater control facilities; limitations on the location, number and size of advertising signs; more restrictive lot coverage limitations; and more restrictive building height limitations.
G.
Signs.[2] In addition to the sign regulations in Article XIII of this chapter, the following special standards in this section shall apply to the Scenic River (SR), Recreational River (RR) and Scenic Overlay Districts.
(1)
Signs permitted in the SR, RR, and SO Districts.
(a)
One sign advertising the sale or rental of the premises on which
the sign is located provided the sign does not exceed 10 square feet
in area and is nonilluminated.
(b)
Nonilluminated announcement signs for schools, churches and
other institutions, not exceeding one per property and six square
feet in area.
(c)
One nonilluminated sign for the purpose of identifying the location
of a business or trade, provided such sign is located on the business
premises and relate only to the use of that particular property and
further provided that the sign does not exceed six square feet in
area.
(d)
Nonilluminated advertising signs located on any property provided
such signs are not located along or directed toward the Delaware River
and advertise only a business located in the Town of Tusten or adjoining
municipalities. Such signs shall be limited to one per business per
Town, county or state road leading to the location of the business
and shall not exceed six square feet each in area. The total number
of such signs erected along any such road in both directions shall
be limited to one per 1,000 lineal feet of frontage along said road.
(e)
Political signs shall not exceed 10 square feet in size and
shall be limited to two per property.
H.
Lots fronting on the Delaware River. No lot bordering the Delaware
River in any area of the Recreational River (RR) and Scenic River
(SR) Districts shall be created with less than 300 feet of frontage
along the river.[3]
[3]
Editor's Note: Former Subsection J, Development on steep
slopes, which immediately followed this subsection, was repealed 9-13-2022
by L.L. No. 1-2022.
I.
Location of small hotels, motels, and bed-and-breakfast establishments. Where permitted, small hotels, motels, and bed-and-breakfast establishments within the corridor shall be located adjacent to arterial roads and designed to be compatible with the natural and scenic characteristics of the river corridor. Furthermore, if such establishments are proposed and/or existing within 250 feet of the Route 97 right-of-way, the standards of the SO District will apply as specified in § 300-6.17A.
[Added 8-15-2017 by L.L.
No. 6-2017]
A.
As the State Department of Environmental Conservation has recognized
solar energy is abundant, nonpolluting and does not emit greenhouse
gases, and that, even in the Northeastern United States where sunlight
is variable, solar energy can make a significant contribution to meeting
the demand for electricity and hot water.
B.
In recognition of the foregoing, this § 300-6.18 is adopted to advance and protect the public health, safety and welfare of the Town of Tusten, including:
(1)
Promoting environmentally sound forms of local energy generation
pursuant to its Comprehensive Plan;
(2)
Taking advantage of a safe, abundant, renewable and nonpolluting
energy resource;
(3)
Decreasing the cost of energy to the owners of commercial and
residential properties within the Town of Tusten;
(4)
Decreasing the use of fossil fuels, thereby reducing the carbon
footprint of the Town of Tusten in furtherance of its pledge as a
Climate Smart Community;
(5)
Maintaining the rural character of the Town, including its visual
qualities;
(6)
Providing standards to facilitate the development and operation
of solar energy systems in the Town, subject to the requirements of
this section and other applicable sections of this chapter.
C.
General provisions.
(1)
All types of solar energy systems must meet the requirements
of the NYS Uniform Fire Prevention and Building Code and obtain a
permit from the Code Enforcement Officer. Systems of 250 watts or
less ("exempt systems") do not require a permit.
(2)
Qualified installations. No solar energy system may be constructed,
installed, replaced or modified except by a qualified solar installer;
provided, however, that homeowners may install, replace or modify
their own solar energy system. Any system installed by a qualified
installer and/or homeowner must be inspected and approved by a qualified
third-party electrical inspector approved by the Town of Tusten and,
if connected to the local electric utility transmission system grid,
be approved by the appropriate utility.
(3)
Solar energy systems proposed to be located within the boundaries of the Upper Delaware National Scenic and Recreational River must comply with the applicable requirements of § 300-6.17 of this chapter.
(4)
Government approval. The owner or operator of a proposed solar
energy system shall establish to the satisfaction to the Town of Tusten
Planning Board (for site plan review and special use permit applications)
or the Code Enforcement Officer (for proposed systems not subject
to site plan review and special use permit approvals) that all applicable
governmental agencies with jurisdiction over the installation and
operation of such solar energy system have provided all permissions,
approvals and required inspections necessary to install and operate
such system.
(5)
Limitations of approvals.
(a)
Nothing in this chapter shall be deemed a guarantee against
any future construction or improvements or Town approvals for such
future construction or improvements that may impede the sunlight glow
to any solar energy system.
(b)
It shall be the sole responsibility of the solar energy system
owner or operator to acquire any necessary solar easements or other
appropriate land use rights in order to provide for and maintain appropriate
solar access areas.
(6)
NYS Real Property Tax Law provisions. Applicants shall consult
with the Town on the applicability of § 487 of the NY Real
Property Tax Law.
(7)
Expert and professional fees. Any reasonable expert or professional fees incurred by the Town Board, Town Planning Board, Town Code Enforcement Officer or Town Zoning Board of Appeals that are related to i) the review of any application for a building permit, special use permit or site plan review for a solar energy system or ii) the monitoring or inspection of any solar energy system shall be paid by the applicant as provided by § 300-12.5 of this chapter.
D.
Requirements for types of solar energy systems. In addition to requirements
of this section, and other applicable requirements of this chapter,
the following shall apply:
(1)
Roof-mounted.
(a)
Roof-mounted solar energy systems are permitted in all zoning
districts as an accessory use provided such systems comply with all
applicable regulations of this chapter.
(b)
All small-scale roof-mounted systems require a building permit
from the CEO and are not subject to site plan review or special use
permit approvals.
(c)
Only roof-mounted and building-integrated photovoltaic systems
are permitted in the RB Zoning District; ground-mounted systems are
prohibited in the RB District.
(d)
Roof-mounted solar energy systems shall include such systems
mounted on the top of a structure either as a flush-mounted system
or as solar panels fixed to frames located on a roof and mounted at
an optimal angle towards the sun.
(e)
Roof-mounted solar energy systems may be mounted on a principal
and/or accessory structure and shall not be more than two feet higher
than the highest point of the roof of the structure to which such
system is mounted.
(2)
Small-scale ground-mounted.
(a)
Small-scale ground-mounted solar energy systems are permitted
in all zoning districts as an accessory use and not subject to site
plan review and special use permit approvals, provided such systems
comply with all applicable regulations of this chapter.
(b)
All small-scale ground-mounted solar energy systems shall not
exceed a height of 10 feet. All height measurements shall be calculated
when the small-scale ground-mounted solar energy systems is oriented
at maximum tilt.
(c)
Small-scale ground-mounted solar energy systems shall be limited
to the minimum lot size, maximum lot coverage, setback requirements
and other restrictions as apply to residential structures of the zoning
district in which the system is sited.
(d)
An applicant for a small-scale ground-mounted solar energy system
shall comply with the permit application requirements of the Town.
A small-scale ground-mounted solar energy system and related structures
and equipment must be adequately screened from adjacent properties.
The applicant shall attach to the permit application a basic site
plan graphic, descriptions, and any supporting information that illustrates
that the proposed small-scale ground-mounted solar energy system meets
the following requirement.
(e)
If the proposed small-scale ground-mounted system is within
the SR, RR, R1, R2, or GR District or on property within the RB or
GB that borders the SR, RR, R1, R2, or GR District, screening shall
include either an opaque fence, an evergreen hedge, or combination
thereof, no less than 10 feet in height located between the proposed
small-scale ground-mounted system and any adjacent property line visible
from the proposed structure(s).
(3)
Large-scale.
(a)
All proposed large-scale solar energy systems (including both ground and roof-mounted) must obtain site plan review and special use permit approvals in accordance with Article VIII of this chapter. Large-scale solar energy systems are permitted (as special uses) in the RR R1, R2, RB, and DB Zoning Districts.
[1]
The Town Planning Board may, in its discretion, waive certain requirements of § 300-6.18D(3)(b), (c), and (d), pursuant to Article VIII of this chapter, otherwise applicable to a large-scale ground-mounted solar energy system that it believes is compatible with land used in the area where it is proposed to be built and where, because of its size, ownership model or other considerations, the Town Planning Board finds that the large-scale ground-mounted solar energy system does not need to be subjected to all of the special use permit and site plan regulations set forth in § 300-6.18D(3)(b), (c), and (d) below.
[2]
If the special use permit application is approved,
the Town Code Enforcement Officer may issue a building permit upon
satisfaction of all requirements necessary for the issuance of said
permit, including compliance with applicable portions of the New York
State Uniform Code.
(b)
In addition to the requirements of Article VIII of this chapter, an application for a large-scale solar energy system must include:
[1]
A description of the solar energy system and the
technical, economic and other reasons for the proposed location and
design;
[2]
A one- or three-line electrical diagram detailing
the solar energy system layout, solar collector installation, associated
components, and electrical interconnection methods, with all National
Electrical Code compliant disconnects and overcurrent devices;
[3]
All proposed changes to the landscape of the site,
including without limitation, grading, vegetation clearing and planting,
exterior lighting, screening vegetation or structures;
[4]
A confirmation that the solar energy system complies
with all applicable local, state and federal laws and regulations;
[5]
Equipment specification sheets of the major system
components to be used including, without limitation, photovoltaic
panels, mounting systems, batteries, and inverters;
[6]
An operation and maintenance plan that shall include
measures for maintaining safe access to the installation, general
procedures for operation and maintenance of the solar energy system,
and procedures for property upkeep;
[7]
Location of the nearest residential structures
on the site and on any adjacent site, and the distance from the nearest
proposed solar energy system equipment to any such residential structures;
[8]
If the property of the proposed large-scale ground-mounted
solar energy system project is to be leased, legal consent between
the lessor and the lessee specifying the use(s) of the land for the
duration of the project, including easements and other agreements,
shall be submitted. Any lease shall be submitted to the Town Planning
Board;
[9]
Erosion and sediment control and stormwater management
plans prepared to New York State Department of Environmental Conservation
standards and in accordance with applicable standards of this chapter;
[10]
A construction schedule describing commencement
and completion dates, including a traffic analysis with a description
of the routes to be used by construction and delivery vehicles;
[11]
Notification of real property owners located within
500 feet of the property line of the proposed site and confirmation
of notification;
(c)
Minimum design standards. Large-scale ground-mounted solar energy
systems shall conform to the following minimum standards:
[1]
The system shall comply with the minimum lot size,
maximum lot coverage, setback requirements and other restrictions
as apply to structures within the zoning district where the solar
energy system is sited. Regardless of the mounted angle, the total
surface area covered by the solar panels shall be included in determining
lot coverage;
[2]
All large-scale ground-mounted solar energy systems
shall not exceed a height of 12 feet. All height measurements shall
be calculated when the ground-mounted solar energy system is oriented
at maximum tilt;
[3]
All large-scale ground-mounted solar energy systems
shall be enclosed by fencing to prevent unauthorized access. The type,
height and color of fencing shall be approved by the Town Planning
Board. The fencing and the solar system may be further screened by
year-round landscaping to avoid adverse aesthetic impacts as required
by the Town Planning Board;
[4]
The standards in § 300-6.13 of this chapter, Performance standards for special uses; commercial and industrial uses, shall be applicable to large-scale ground-mounted solar energy systems;
[5]
There shall be no signs posted on the real property of large-scale ground-mounted solar energy system except announcement signs, such as "no trespassing", or warning signs, such as "high voltage" or "danger." Notwithstanding the foregoing, a sign shall be posted at the entrance of the parcel in question that identifies the owner and operator of the solar energy system and provides an emergency telephone number where the owner and/or operator can be reached on a twenty-four-hour basis. In addition, a clearly visible warning sign denoting high voltage must be placed at the base of all pad-mounted transformers and substations. All signs are subject to the requirements of Article XII.
(d)
Additional conditions.
[1]
The large-scale ground-mounted solar energy system
owner or operator shall provide a copy of the project summary, electrical
schematic and site plan to the local Fire Department. The owner or
operator shall cooperate with local emergency services in developing
an emergency response plan and provide proof of approval thereof.
All means of shutting down the solar system shall be clearly marked
and instructions shall be provided to the local Fire Department. The
owner or operator shall identify a person responsible for responding
to safety inquiries throughout the life of the system.
[2]
The owner or operator of a large-scale ground-mounted
solar energy system shall maintain it in good condition and in accordance
with industry standards. Maintenance shall include, but not be limited
to, painting, structural repairs, mowing, trimming and landscape maintenance,
and such examinations and repairs as necessary to ensure the integrity
of all equipment and structures. The said owner or operator shall
maintain and keep in good repair all approved security measures that
govern the site including, but not limited to, fence painting and
repair, lighting and any alarm systems. Site access shall be maintained
at a level acceptable to the local Fire Department.
[3]
Section 300-6.13, Performance standards for special uses; commercial and industrial uses, shall apply to large-scale solar energy systems. In addition, the use of herbicides or cement dust in controlling vegetation shall be prohibited. Landscape maintenance plans shall illustrate and explain a combination of vegetation control methods that may include mowing, trimming, grazing animals, wildflower plantings, or other means that do not include the application of chemicals, cement dust, or other practices that are destructive to soil and water quality.
(e)
Abandonment and decommissioning. All applications for a large-scale
ground-mounted solar energy system shall be accompanied by a decommissioning
plan to be implemented upon abandonment or cessation and/or in conjunction
with removal of the large-scale ground-mounted solar energy system.
Compliance with this plan shall be made a condition of the issuance
of a special use permit under this section. The decommissioning plan
must specify that after the large-scale ground-mounted solar energy
system has been abandoned or ceases operations for more than 12 consecutive
months, it shall be removed by the applicant or any subsequent owner.
Prior to removal of such solar energy system, a permit for removal
activities shall be obtained from the Town Code Enforcement Officer.
The decommissioning plan shall include details on how the applicant
plans to address the following requirements:
[1]
The manner in which the owner, operator, or its successors in interest will remove a large-scale ground-mounted solar energy system in accordance with the requirements of § 300-6.18E of this chapter;
[2]
The time to complete any decommissioning, removal
and restoration of the large-scale ground-mounted solar energy system
and the property on which it is sited;
[3]
A demonstration as to how the removal of all infrastructures
and the remediation of soil and vegetation shall be conducted to return
the parcel to its original state as it existed prior to construction
of the system;
[4]
A description of the means and location of disposal
of all solid and hazardous waste in accordance with local, state and
federal waste disposal regulations;
[5]
A description of site stabilization and/or revegetation
measures to minimize erosion; and
[6]
Absent notice of a proposed date of decommissioning
and written notice of extenuating circumstances, the decommissioning
plan shall provide that the large-scale ground-mounted solar energy
system shall be considered abandoned if construction is not completed,
the system does not become operational and/or, once operational, it
ceases operations for more than 12 consecutive months. The decommissioning
plan shall also provide that if the owner or operator of the large-scale
ground-mounted solar energy system fails to remove it in accordance
with the requirements of this section within 90 days of abandonment
or the proposed date of decommissioning, the Town may enter the property
and physically remove the installation at the expense of the property
owner or against any financial surety assigned to the Town as provided
for in § 300-6.18D(3)(f)[1][b] of this chapter.
(f)
Cessation of operation. Nonfunctioning or lack of operation
of the large-scale ground-mounted solar energy system may be established
i) through the reports submitted by or on behalf of its owner or operator
to the Public Service Commission, NYSERDA, the local utility or the
New York Independent System Operator, or ii) by lack of income generation
for a commercial enterprise. The owner or operator of a large-scale
ground-mounted solar energy system shall promptly furnish on request
such records as required by the Town Code Enforcement Officer to establish
that the large-scale ground-mounted solar energy system is functioning
or in operation.
[1]
Estimate and financial surety.
[a]
The applicant for a special use permit to site and operate a large-scale ground-mounted solar energy system shall provide an estimate, prepared by a professional engineer licensed in the State of New York, setting forth the projected costs associated with decommissioning the system in question, consistent with an approved decommissioning plan as set forth in § 300-6.18D(3)(e) of this chapter. Cost estimations shall account for inflation. Said estimate shall be subject to approval by the Planning Board.
[b]
Security for decommissioning any large-scale ground-mounted
solar energy system shall be furnished to the Town in an amount and
form to be determined by the Town Board in consultation with the Town
Attorney. Such security shall be posted with the Town prior to the
issuance of any building permit for construction of any portion of
said large-scale ground-mounted solar energy system. The security
shall be paid to and held by the Town during the projected life of
the large-scale ground-mounted solar energy system in question and
until proof of successful decommissioning and payment of all expenses
thereof has been submitted to the Town.
[c]
If the large-scale ground-mounted solar energy system is not decommissioned after it is no longer in use, abandoned during its useful lifetime or never completely constructed, the Town of Tusten may use the security to decommission the large-scale ground-mounted solar energy system and to restore the property. Prior to using the security, the Town Code Enforcement Officer must serve the order required by § 300-6.18E of this chapter and wait for the termination of the ninety-day period required by that subsection.
E.
Abandonment, cessation of operations and decommissioning.
(1)
Abandonment or cessation; order to remove and restore. Small-
and large-scale ground-mounted solar energy systems shall be considered
abandoned or to have ceased operations if there has been no electrical
energy generation for 12 months or longer; provided, however, that
applications for extensions of time may be approved by the Town of
Tusten Code Enforcement Officer for a period of up to an additional
three months. If the owner or operator determines to abandon or cease
operations, said owner or operator shall so notify the Town of Tusten
Code Enforcement Officer in writing. Failure to provide the notice
required herein shall be a violation of the chapter. Whether or not
the notice required by this subsection is received by the Town of
Tusten Code Enforcement Officer, if the Town of Tusten Code Enforcement
Officer had reason to believe that such system has been abandoned
or ceased operation he/she may issue an order that the owner or operator
of the system shall remove said system, including all equipment, mounts,
solar arrays and solar collectors and restore the property, by no
later than 90 days after the date of issuance of said order to undertake
such removal. Service of the order shall be at the address provided
by the applicant to Town of Tusten Code Enforcement Officer.
(2)
Investigation and report. When, in the opinion of the Town of
Tusten Code Enforcement Officer, any small- or large-scale ground-mounted
solar energy system shall have been abandoned or ceased operation
in accordance with this chapter, and the owner/operator thereof fails
to comply with an order to remove and restore as required by this
chapter, the Town of Tusten Code Enforcement Officer shall make a
formal inspection thereof in accordance with the Town of Tusten Zoning
Law and report in writing to the Town of Tusten Town Board his/her
findings and recommendations in regard to its removal. The Town Attorney
may assist in obtaining a search warrant when needed.
(3)
Order for hearing on removal and restoration; assessment of
costs; time limits. The Town Board shall thereupon consider said report
and, if it finds that such small- or large-scale ground-mounted solar
energy system had been abandoned or ceased to operate as set forth
in this chapter, it shall by resolution order removal and restoration
and shall further order that a hearing be held before the Town Board
at a time and place therein specified and on at least five days'
notice to the property owner and/or owner/operator of the small- or
large-scale solar energy system or persons having an interest therein.
Such hearing shall be to determine whether said order to remove and
restore shall be affirmed, modified or vacated and, in the event of
affirmance or modification, to assess all costs and expenses incurred
by the Town of Tusten in the inspection and report against the land
on which such small- or large-scale ground-mounted solar energy system
is located and/or, for large-scale ground-mounted solar energy system,
said expenses may be assessed against any surety held by the Town
of Tusten. Said order shall also provide that the removal of the small-
or large-scale ground-mounted solar energy system and restoration
of the property shall commence within 30 days after service of notice
and shall be completed within 60 days thereafter.
(4)
Contents of notice. The notice shall contain the following statements:
(a)
The name of the owner or person in possession of the underlying
parcel of property as it appears in tax and deed records.
[1]
The name of any owner/operator of a large-scale
ground-mounted solar energy system as set forth in a filed decommissioning
plan as required by this chapter;
[2]
A brief description of the small- or large-scale
ground-mounted solar energy system as well as the underlying parcel
of property upon which it is situated;
[3]
A description of the basis of finding that the
small- or large-scale ground-mounted solar energy system has been
abandoned or ceased operation;
[4]
An order requiring small- or large-scale ground-mounted
solar energy system be removed and property restored;
[5]
That the removal of such small- or large-scale
ground-mounted solar energy system and property restoration shall
commence within 30 days of the service of notice and shall be completed
within 60 days thereafter barring any unforeseen circumstances;
[6]
The time and date of a hearing to be held before
the Town Board, at which hearing the property owner and/or operator
of the small- or large-scale ground-mounted solar energy system shall
have the right to contest the order and findings of the Town Board;
and
[7]
In the event such property owner and/or owner/operator
of said small-or large-scale ground-mounted solar energy system, or
other person having an interest in said premises, shall fail to contest
such order and fail to comply with the same, the Town Board will order
the removal of such system and property restoration by the Town of
Tusten. For small- or large-scale ground-mounted solar energy system
the Town Board will further order that all costs and expenses incurred
in such removal and restoration be assessed against the land on which
the system is located in the same manner as general Town taxes. For
large-scale ground-mounted solar energy systems the Town Board will
order that all costs and expenses incurred in such removal and restoration
be assessed against any surety held by the Town of Tusten and, in
the event that the costs and expenses of removal and restoration are
not satisfied by the surety held, that such unsatisfied costs and
expenses be assessed against the land on which such system is located
in the same manner as general Town taxes.
[8]
Service and filing of notice.
[a]
A copy of said notice shall be personally served
upon the property owner and/or owner of the small- or large-scale
ground-mounted solar energy system or some one of their executors,
legal representatives, agents, lessees or other person(s) having a
vested or contingent interest in the premises as shown by the Collector
of Taxes and/or the office of the Sullivan County Clerk or Sullivan
County Treasurer and/or as set forth in any filed decommissioning
plan. If the owner is a corporation partnership or LLC, service may
be made pursuant to Article 3 of the Civil Practice Law and Rules.
[b]
If no such person can be reasonably found for personal
service, then a copy of said notice shall be mailed to such person
by certified mail addressed to his/her last known address as shown
on said records and by personally serving a copy of said notice upon
any adult person residing in or occupying said premises or by securely
suffixing a copy of said notice upon said small- or large-scale ground-mounted
solar energy system.
[c]
A copy of said notice shall be filed in the Sullivan
County Clerk's office, in the same manner as a notice of pendency
pursuant to Article 65 of the Civil Practice Law and Rules, and shall
have the same effect as a notice of pendency as therein provided.
A notice so filed shall be effective for a period of one year from
the date of filing. It may be vacated, however, upon an order of a
judge or justice of a court of record or upon the consent of the Town
Attorney. When vacated, the Sullivan County Clerk shall mark such
notice and any record or docket thereof as canceled of record upon
the presentation and filing of such consent or a certified copy of
such order.
[d]
Hearing. The Town Board shall conduct the public
hearing at the time and place specified in the notice to remove and
restore. It may adjourn the hearing from time to time until all interested
parties are heard and until the hearing is completed. At the conclusion
of the hearing, the Town Board shall determine by resolution to revoke
the order to remove and restore, modify said order or continue and
affirm said order and direct the owner or other persons to complete
the work within the time specified in the order or such other time
as shall be determined by the Town Board.
[e]
Failure to comply. In the event of the refusal,
failure or neglect of the owner or person so notified to comply with
said order of the Town Board within the time specified in said order
and after the public hearing, the Town Board shall provide that such
small- or large-scale ground-mounted solar energy system be removed
and property restored by Town employees or by independent contractors.
Except for emergency cases as herein provided, any contract for removal
and restoration shall be subject to the Town of Tusten Procurement
Policy.
[f]
Assessment of expenses. All expenses incurred by
the Town of Tusten in connection with the proceedings to remove a
small- or large-scale ground-mounted solar energy system and restore
property, including the costs of actual removal, shall be assessed
against the land on which such system is located and shall be levied
and collected in the same manner as provided in Article 15 of the
Town Law for the levy and ad valorem levy. All expenses incurred by
the Town of Tusten in connection with the proceedings to remove a
large-scale ground-mounted solar energy system and restore the property,
including the costs of actual removal, shall be assessed against any
surety held by the Town and, should said expenses not be satisfied
by the surety, any unsatisfied expenses shall be assessed against
the land on which such system is located and shall be levied and collected
in the same manner as provided in Article 15 of the Town Law for the
levy and ad valorem levy.
[g]
Emergency cases. Where it reasonably appears that
there is a clear and imminent danger to the life, safety or health
of any person or property, unless a small- or large-scale ground-mounted
solar energy system is removed and the property restored, the Town
Board may, by resolution, authorize the Town Code Enforcement Officer
to immediately cause the removal of such system and restoration of
the property. The expenses of such removal and restoration shall be
a charge against the land on which it is located and/or surety and
shall be assessed, levied and collected as provided for in this chapter.
[h]
Additional abandonment and decommissioning requirements shall apply to large-scale ground-mounted solar energy systems as set forth in § 300-6.18D(3)(e).
[Added 9-13-2022 by L.L.
No. 1-2022]
To assure impacts on soil, water, vegetation and wildlife resources are minimized, the following activities in all zoning districts shall be considered special uses and are subject to site plan review approval. The requirements of this section shall apply in addition to Article VIII and any other applicable sections of this chapter.
A.
Clear-cutting of timber or land clearing for development, construction
or other purposes in excess of one acre in size or in excess of 50%
of the area of a lot, whichever of the two is the smaller. This standard
shall apply to cumulative clear-cutting within a three-year period
of a single lot or a combination of adjacent lots.
B.
All uses proposed on steep slopes. Steep slopes shall be defined
as slopes in excess of 15%. Slope shall be determined by the Code
Enforcement Officer (CEO) from United States Geological Survey (USGS)
topographic maps or USDA Soil Conservation Service maps. In cases
where the slope cannot be specifically determined by said means, the
Code Enforcement Officer (CEO) shall require the applicant to provide
certification from a professional engineer or land surveyor of the
slope in question. Slope shall be measured at the points where any
earth will be disturbed or where structures or other improvements
are proposed.
C.
Submission requirements. Prior to review by the Planning Board, the
Code Enforcement Officer shall determine that the following materials
have been submitted, as applicable:
(1)
For timber clear-cutting:
(a)
An accurate base map prepared by a professional surveyor using
two foot contours intervals showing property boundaries, streams,
wetlands, extent of vegetative cover, and other significant features
such as stone walls and rock outcroppings.
(b)
A timber-harvesting plan prepared by a professional forester
showing haul roads, landing areas and points of ingress/egress at
public roads.
(c)
A description of the planned reclamation of the site to include
but not be limited to stabilization, regrading, and surface treatment
of roadways and landings; management and diversion of overland water
flow; and removal of temporary bridges and culverts.
(2)
For land clearing and development of steep slopes in excess
of one acre:
(a)
An accurate base map prepared by a professional surveyor using
two foot contours intervals showing property boundaries, streams,
wetlands, extent of vegetative cover, areas subject to landslides
and other significant features such as stone walls and rock outcroppings.
(b)
A stormwater pollution prevention plan in accordance with applicable
NYSDEC requirements and in accordance with the performance standards
of the NYS Stormwater Design Manual published by DEC.
(c)
A grading plan showing existing and proposed ground surfaces,
proposed drainage devices, plans for walls or cribbing, etc., and
schedule for completion of work.
(3)
For land clearing activities and development on steep slopes
less than one acre in size:
(a)
An erosion and sedimentation control plan prepared in accordance
with the performance standards of the NYS Stormwater Management Design
Manual. The plan shall illustrate those measures to be employed as
may be necessary to prevent loss of soil from erosion and to prevent
resulting property damage, siltation and contamination of water courses
or impoundments.
(b)
A Grading Plan showing existing and proposed ground surfaces,
proposed drainage devices, plans for walls or cribbing, etc. and schedule
for completion of work.
D.
Performance standards.
(1)
Timber clear-cutting and land clearing.
(a)
Stream buffer. Timber harvesting in that area within 100 feet
of the normal high-water mark of the Delaware River or any stream,
shall be of the selective cut method only and not less than 50% of
the overhead canopy shall be maintained.
(b)
Vegetative buffers. To the extent practicable, retain a minimum
of 10% of the site's existing vegetation. Preserved vegetation
should be of environmental value for supporting biological diversity
or wildlife habitat, maintaining shade, or keeping connections with
adjacent biotic communities. Preserved vegetation can also be used
to create screening with adjacent properties or enhance building envelopes.
(c)
Optimal timing. Whenever possible, clear-cutting and land clearing
should be conducted during periods when disturbances to soils can
be limited. Such periods include when the ground is frozen and snow
cover is minimal or during the warmer season when conditions are dry.
(d)
Debris disposal. Excess material is properly handled so as to
not create a hazard or nuisance, and care is taken not to induce the
spread of invasive species.
(e)
Building sites. Where building construction is intended or new
lots are being created, the site plan, consistent with the goal of
protecting the forested character of the river valley, shall designate
a specified building envelope within which all construction, including
driveways and clearing for other purposes such as lawns shall take
place.
(f)
Activities conducted under this section shall comply, to the
extent practicable, with the New York State Forestry Best Management
Practices for Water Quality BMP Field Guide.
(g)
Impervious surfaces are kept to a minimum.
(h)
Disturbance of steep slopes is minimized.
(i)
Stormwater protection measures contain runoff within the site,
minimize erosion and sedimentation, and not adversely affect adjacent
properties or public roads or facilities.
(2)
In its review of plans submitted with timber harvest applications,
the Planning Board may seek assistance from a forester, professional
engineer, soil and water conservation district technician, or other
qualified professional. The Planning Board shall also consider whether
any alterations to elements in the site plan would provide further
protection or advantages in minimizing potential adverse impacts or
meeting the purposes of this chapter.
(3)
Development on steep slopes.
(a)
Impervious surfaces. Impervious surfaces are kept to a minimum.
(b)
Percentage of disturbance. The disturbance of steep slopes shall
be limited to no more than 25% of the area of the total project site;
however, if the nature of the site and the project necessitate a greater
percentage of disturbance, the project shall be phased and plans shall
indicate how the first phase(s) will be reclaimed and protected to
a degree satisfactory to the Planning Board before the disturbance
associated with the next phase is initiated.
(c)
Maximum grade. No finished grade where fill is used shall exceed
a 50% slope.
(d)
Erodible soils. Soils characterized by the Soil Conservation
Service as highly susceptible to erosion shall be avoided.
(e)
Improvements. Roads and utilities shall, to the greatest extent
possible, be installed along existing contours.
(f)
High water tables. Any steep slope areas also characterized
by seasonal high water tables shall be avoided.
(g)
Vegetation and habitat. Natural vegetation and areas of wildlife
habitat shall be preserved to as great a degree as possible.
(h)
Structures. In cases where structures are proposed, the applicant
shall submit plans to the Planning Board detailing how the limitations
of slope will be mitigated by the design of the structure(s). Said
plans shall be prepared and certified by a professional engineer or
registered architect.
(i)
Certification. Prior to the issuance of a certificate of occupancy
the applicant shall provide to the Code Enforcement Officer (CEO)
a certification by a professional engineer or registered architect
that the property has been developed and structures have been constructed
in accord with the approved certified plans.
E.
In addition to the above performance standards, the Planning Board shall determine if the slope disturbance can be effectively mitigated; what the potential impacts on nearby properties are; and whether a reduction in the allowable lot coverage for a specific lot or lots as determined by the Planning Board would alleviate the impact to the sloped area. A determination by the Planning Board that a reduction in lot coverage is necessary to alleviate the impact to the sloped area or nearby properties would need to be agreed upon by the applicant to avoid the requirement to apply for an area variance in accordance with Article XI of this chapter.
