[HISTORY: Adopted by the Town Board of the Town of Montgomery 3-16-2022 by L.L. No. 3-2022.[1] Amendments noted where applicable.]
Attachment 1 - Table of Use Regulations
Attachment 2 - Table of Dimensional RegulationsAttachment 3 - Bulk Req for Comp etcAttachment 4 - Historic LandmarksAttachment 5 - Fee ScheduleAttachment 6 - Nonresidential Design GuidelinesAttachment 7 - Land Use Intensity ClassificationAttachment 8 - Required Grade of BuffersAttachment 9 - Buffer Design Standards
Attachment 2 - Table of Dimensional RegulationsAttachment 3 - Bulk Req for Comp etcAttachment 4 - Historic LandmarksAttachment 5 - Fee ScheduleAttachment 6 - Nonresidential Design GuidelinesAttachment 7 - Land Use Intensity ClassificationAttachment 8 - Required Grade of BuffersAttachment 9 - Buffer Design Standards[1]
Editor's Note: This ordinance also repealed former Ch. 235,
Zoning, last amended 10-5-2017 by L.L. No. 2-2017.
This chapter is a local law regulating and restricting the height,
number of stories and size of buildings and other structures, the
percentage of lot that may be occupied, the size of yards, courts
and other open spaces, the density of population, and the location
and use of buildings, structures and land for trade, industry, residence
or other purposes, in the Town of Montgomery outside the limits of
any incorporated village; and for said purposes dividing the Town
outside such limits into districts; and providing fines and penalties
for the violation of its provisions.
This chapter shall be known and may be cited as the "Town of
Montgomery Zoning Law of 1971 as amended."
This Zoning Law is adopted for the purpose of promoting the
health, safety, morals and the general welfare of the community and
in furtherance of the following related and more specific objectives:
A.
To guide and regulate the orderly growth, development and redevelopment
of the municipality in accordance with a Comprehensive Plan and with
long-term objectives, principles and standards deemed beneficial to
the interests and welfare of the people.
B.
To protect the established character and the social and economic
well-being of both private and public property.
C.
To promote, in the public interest, the utilization of land for the
purposes for which it is most appropriate.
D.
To secure safety from fire, panic, and other dangers, and to provide
adequate light, air and convenient access.
E.
To prevent overcrowding of land or buildings and to avoid undue concentration
of population.
F.
To lessen and, where possible, to prevent traffic congestion on public
streets and highways.
G.
To gradually eliminate nonconforming uses.
H.
To conserve the value of buildings and to enhance the value of land
throughout the municipality.
A.
Unless the context clearly indicates the contrary, words used in
the present tense include the future, the singular number includes
the plural, and the plural the singular.
B.
The word "person" includes a profit or nonprofit corporation, company,
partnership or individual. The masculine shall include the feminine
and the feminine shall include the masculine.
C.
The word "shall" is mandatory and not directory; the word "may" is
permissive.
D.
The word "lot" includes the word "plot" and the word "land."
E.
The word "structure" includes the word "building."
F.
The word "use" refers to any purpose for which a lot or land or part
thereof is arranged, intended or designed to be used, occupied, maintained,
made available or offered for use; or erected, reconstructed, altered,
enlarged, moved or rebuilt with the intention or design of using the
same.
G.
The word "used" refers to the actual fact that a lot or land, building
or structure, or part thereof, is being occupied or maintained for
a particular use.
H.
All references to Part 360, and subparts thereof, shall mean 6 NYCRR
Part 360, Solid Waste Management Facilities, effective October 9,
1993, and further revisions.
As used in this chapter, the following terms shall have the
meanings indicated:
Unadulterated wood waste, C&D debris and municipal solid
waste used to prepare biomass feedstock for a biomass gasification-to-energy
facility. Acceptable biomass source materials shall not include municipal
biosolids (sewage), animal wastes (manure), forestry and agricultural
residues, and certain types of industrial wastes or any source material
that can create, cause or contribute to a public nuisance condition.
A subordinate use, building or structure customarily incidental
to and located on the same lot occupied by the main use, building
or structure. The term "accessory building" may include a private
garage, a garden shed, a private playhouse, and a private greenhouse.
Accessory buildings or structures consisting of 144 square feet or
less shall be deemed minor accessory structures.
See "agriculture."
[Added 2-28-2023 by L.L. No. 2-2023]
Those products as defined in § 301(2) of Article
25AA of the State Agriculture and Markets Law, including but not limited
to:
[Added 2-28-2023 by L.L. No. 2-2023]
Field crops, including corn, wheat, rye, barley, hay, potatoes
and dry beans.
Fruits, including apples, peaches, grapes, cherries and berries.
Vegetables, including tomatoes, snap beans, cabbage, carrots,
beets and onions.
Horticultural specialties, including nursery stock, ornamental
shrubs, ornamental trees and flowers.
Livestock and livestock products, including cattle, sheep, hogs,
goats, horses, poultry, llamas, ratites, such as ostriches, emus,
rheas and kiwis, farmed deer, farmed buffalo, fur-bearing animals,
milk and milk products, eggs, furs, and poultry products.
Maple sap and sugar products.
Christmas trees derived from a managed Christmas tree operation
whether dug for transplanting or cut from the stump.
Aquaculture products, including fish, fish products, water plants
and shellfish.
Short rotation woody crops raised for bioenergy.
Production and sale of woodland products, including but not
limited to logs, lumber, posts and firewood.
Agricultural products grown in the State of New York or outside
of the State of New York but within 75 miles of the Town of Montgomery,
NY.
[Added 2-28-2023 by L.L. No. 2-2023]
An establishment that provides products or services primarily
to farmers to support production, sale, marketing, and distribution
of their products, including, but not limited to, farm equipment repair,
farm equipment sales, soil preparation services, crop services, veterinary
services, farm labor and management services, seed or fertilizer sales,
refrigeration, aggregation and distribution. Agricultural business
shall include the processing of local agricultural products, including
but not limited to cooking, dehydrating, pasteurizing, refining, milling,
packing, cutting, juicing, pickling, jelling, saucing, flash freezing,
warehousing and distribution. Agricultural support business shall
include dairies and creameries. Agricultural supportive business shall
not include animal processing facilities as defined herein or any
use in which animals are slaughtered or processed.
[Added 2-28-2023 by L.L. No. 2-2023]
Those activities involved in the production of agricultural
products for sale. Further, agricultural activities shall include
an activity engaged in, by, or on behalf of a farmer in connection
with and furtherance of the business of agriculture and shall include,
but not be limited to, the collection, transportation, distribution,
composting, cooling, drying and storage of animal and poultry waste;
storage, transportation and use of equipment for tillage, planting,
harvesting and marketing; transportation, storage and use of legally
permitted fertilizers and limes, insecticides, pesticides, herbicides,
and fungicides; construction of farm structures and facilities, including
farm wineries and other on-farm food processing as permitted by local
and state building code regulation; construction and maintenance of
fences and other enclosures; and the use and/or maintenance of related
pastures, idle or fallow land, woodland, wetland, farm ponds, farm
roads and certain farm buildings and other structures related to agricultural
practices. Agriculture also includes agritourism as defined hereafter.
[Added 2-28-2023 by L.L. No. 2-2023]
Activities conducted on a parcel located within an agricultural
district not related to the direct production of agricultural products,
but supportive of a farm operation by providing accommodations, facilities,
tours, events and activities designed to attract people to the farm
operation to promote the sales, education and enjoyment of local agricultural
products. Agritourism includes, but is not limited to, farm retail
outlets, public farm markets, farm stands, farm breweries, farm cideries,
farm distilleries, farm wineries, farm-to-table restaurants, farm
vacations, farm events, farm assembly venue and farm education, harvest
events, weddings and catering halls.
[Added 2-28-2023 by L.L. No. 2-2023]
As applied to a building or structure, a change or rearrangement
in the structural parts or in the existing facilities; or an enlargement,
whether by extending on a side or by increasing in height or moving
from one location or position to another. The term "alter" in its
various modes and tenses and its particular form refers to the making
of an alteration.
A USDA-inspected slaughter plant, a state-registered 5-A
plant, a state registered 20-C commercial kitchen or other facility
used for processing animals or animal parts in accordance with state
or federal requirements.
[Added 2-28-2023 by L.L. No. 2-2023]
A building or portion thereof containing less than 2,500
square feet and where more than 50% of the sales floor area is devoted
to the display of items not regularly available in grocery stores
or area retail department stores. Such stores are intended to generally
appeal to tourists and often offer locally produced food and products,
artisan-crafted goods, and other similar items.
[Added 4-18-2022 by L.L. No. 6-2022]
A building with tiers of seats for spectators of athletic
activity, recreation, educational instruction or artistic performance.
[Added 4-18-2022 by L.L. No. 6-2022]
A building or portion of a building in which facilities are
provided for civic, educational, political or social purposes. An
assembly hall used for religious purposes shall be deemed a "church."
[Added 4-18-2022 by L.L. No. 6-2022]
A story partly underground and having less than 1/2 of its
clear height below the finished grade.
A single-family detached dwelling occupied as the primary
residence of the operator offering no more than four overnight accommodation
guest units and including breakfast service as part of the guest unit
rental fee.
[Added 4-18-2022 by L.L. No. 6-2022]
A sign which directs attention to a business, commodity,
service, entertainment or attraction sold, offered or existing elsewhere
than upon the same lot where such sign is displayed, or only incidentally
sold, offered or existing upon such lot.
All non-fossil organic materials that have an intrinsic chemical
energy content. This includes all water and land-based vegetation
and trees, or virgin biomass, and organic components of waste materials
such as municipal solid waste, municipal biosolids (sewage) and animal
wastes (manure), forestry and agricultural residues, and certain types
of industrial wastes.
A facility which processes acceptable biomass source materials
into a synthesis gas for the purpose of generating electricity, and
shall include recycling handling and recovery facilities, post-collection
separation facilities, and/or construction and demolition debris processing
facilities which are used in connection with a biomass gasification
operation, and biomass gasification process equipment and energy generation
facilities used to convert processed biomass into a synthesis gas
for the purpose of generating electricity.
The Zoning Board of Appeals or the Planning Board, as the
context requires.
Any place or premises where beer is manufactured for sale,
and all offices, granaries, mashrooms, cooling rooms, vaults, yards,
and storerooms connected therewith or where any part of the process
of manufacture of beer is carried on. Such use may include tastings
or operate a food or drinking establishment on site.
[Added 4-18-2022 by L.L. No. 6-2022]
An open and unoccupied area maintained in a pervious natural
or designed landscaped condition for the purpose of providing transitional
areas between land uses of varying compatibility for the purpose of
noise, vibration, odor or visual screening or along the boundaries
of sensitive environmental resources for protection ofthose resources.
[Added 11-3-2022 by L.L. No. 13-2022]
An approximate characterization of the ability of a buffer
to shield a use on one side of the buffer from perceiving the activities
taking place on the opposite side of the buffer in terms of visual
activity, noise, vibration and odors.
[Added 11-3-2022 by L.L. No. 13-2022]
A structure with a roof supported by columns or walls and
having a horizontal area of more than 50 square feet.
The official Building Inspector of the municipality. The
term "Building Inspector" shall include the terms "Code Enforcement
Official" and "Zoning Law Administrator."
A building designed to accommodate varying types of commercial,
manufacturing, laboratory or industrial uses otherwise permitted by
the zoning district in which it is located and offering time-limited
leases at below-market-rate rents in order to lower the startup costs
for new businesses.
[Added 4-18-2022 by L.L. No. 6-2022]
Any parcel of land under single ownership with or without
accommodations for temporary living purposes, but containing two or
more paved or unpaved areas to be used for the parking of recreational
vehicles, which includes travel trailers, the erection of a tent,
or accommodation of other forms of temporary, portable or movable
shelter.
Any tree or other woody plant that when fully grown will
provide shade and/or shelter for the land beneath while allowing passage
of people, animals and/or vehicles upon the land beneath.
[Added 11-3-2022 by L.L. No. 13-2022]
A commercial establishment primarily engaged in providing
food and drink to large gathered groups. Catering halls differ from
restaurants in that large groups of people occupying multiple tables
are provided a common service scheduled and usually requiring at least
a partial payment at least several days in advance of the service.
[Added 4-18-2022 by L.L. No. 6-2022]
A story partly underground and having 1/2 or more of its
clear height below the finished grade.
A building wherein persons regularly assemble for religious
worship and which is maintained and controlled by a religious body.
A church may include other accessory uses customarily associated with
religious worship, including classrooms for religious education, gymnasiums,
libraries, offices, and specialized spaces designed to accommodate
religious ritual. Churches may also include a dwelling or dwellings
restricted to occupancy by clergy, their direct families and guests,
but such spaces shall not be offered for rent or sale. "Church" shall
also be interpreted to include synagogues, mosques and temples.
[Added 4-18-2022 by L.L. No. 6-2022]
Any place where cider is manufactured for sale, and includes
all offices and storerooms connected with any part of the manufacture
process. Such use may include tastings or operate a food or drinking
establishment on site.
[Added 4-18-2022 by L.L. No. 6-2022]
A club for golfing, hunting, fishing, horseback riding or
similar sports.
The premises and buildings used by a local chapter holding
a valid charter from an international, national or state organization
or by a bona fide local civic association catering exclusively to
members and their guests primarily for a patriotic, fraternal, benevolent,
educational, religious or political purpose. The club shall not be
used in whole or in part for the conduct of any business or enterprise
for profit, but this shall not be construed as preventing the utilization
of a club for benefits or performances for a recognized charity or
for the meeting of other organizations, or for educational and cultural
purposes.
A subdivision plat or plats, approved pursuant to § 235-8, in which the applicable zoning law is modified to provide an alternative method for the layout, configuration and design of lots, buildings, structures, roads, utility lines and other infrastructure, parks and landscaping in order to preserve the natural and scenic qualities of open lands.
A facility which produces compost from the organic fraction
of leaves, wood chips, grass clippings, pine needles, plants, stumps,
tree trunks, yard waste, branches, brush, food and manure. This definition
specifically excludes inorganic material and animal products and by-products,
sewer waste, solid waste (other than those above) or sludge. Said
facility must conform to the requirements of Part 360, at a minimum.
A commercial facility where spaces are demised for use for
business and professional conferences and seminars. Overnight accommodations
for occupancy solely by conference attendees and their immediate families,
including sleeping, eating and recreational facilities, are often
part of conference centers. A conference center is not designed to
be utilized by the general public nor for nontransient occupancy.
[Added 4-18-2022 by L.L. No. 6-2022]
Uncontaminated solid waste resulting from the construction,
remodeling, repair and demolition of utilities, structures and roads;
and uncontaminated solid waste resulting from land clearing. Such
waste includes, but is not limited to, bricks, concrete and other
masonry materials, soil, rock, wood (including painted, treated and
coated wood and wood products), land-clearing debris, wall coverings,
plaster, drywall, plumbing fixtures, non-asbestos insulation, roofing
shingles and other roof coverings, asphaltic pavement, glass, plastics
that are not sealed in a manner that conceals other wastes, empty
buckets 10 gallons or less in size and having no more than one inch
of residue remaining on the bottom, electrical wiring and components
containing no hazardous liquids, and pipe and metals that are incidental
to any of the above. Solid waste that is not C&D debris (even
if resulting from the construction, remodeling, repair and demolition
of utilities, structures and roads and land clearing) includes, but
is not limited to, asbestos waste, garbage, corrugated container board,
electrical fixtures containing hazardous materials such as fluorescent
lamps, ballasts or transformers, carpeting, furniture, appliances,
tires, drum containers greater than 10 gallons in size, any containers
having more than one inch of residue remaining on the bottom and fuel
tanks. Specifically excluded from the definition of "C&D debris"
is solid waste (including what otherwise would be construction and
demolition debris) resulting from any processing technique, other
than that employed at a Town-approved C&D debris processing facility
that renders individual waste components unrecognizable, such as pulverizing
or shredding.
A facility with one or more structures that are used for
the conduct of a service trade where the principal point of service
is off-site, including but not limited to general contractors, carpenters,
painters, plumbers, HVAC, masons, roofers, electricians, landscapers,
constructors, metalworkers, and glaziers. Facilities may be used as
offices, storage, fabrication spaces, vehicle parking, breakrooms,
and for any other nonnuisance use deemed traditionally associated
with the trade. Outdoor storage shall be considered an accessory use
to a contractor business office only where the storage is located
in a district that allows contractor storage and/or equipment yard
as a principal use.
[Added 4-18-2022 by L.L. No. 6-2022]
Buildings designed for a contractor's office area with
indoor storage of material and supplies and vehicles including servicing
of the contractor's vehicles.
Outdoor storage areas for vehicles, equipment and materials
used by a contractor in the conduct of his business.
A retail store with a floor area of less than 2,500 square
feet that sells groceries, prepackaged prepared foods, periodicals
and household items.
[Added 4-18-2022 by L.L. No. 6-2022]
An open, unoccupied space other than a yard on the same lot
with a building. An offset to a court shall be deemed a separate inner
court for the purpose of determining its least dimension, its area,
and the least dimension and area of the court to which it is contiguous.
The maximum horizontal dimension at right angles to the width.
The greatest vertical distance measured from the lowest level
of such court up to the roof of the building.
Any court which is not an outer court.
A court extending to a street, front yard, or rear yard.
The horizontal dimension parallel to the principal open side
in the case of an outer court; and the least horizontal dimension
in the case of an inner court.
A business premises used for the making of clothing, millinery,
shoes or other articles to individual order and measure, for sale
at retail on the premises only, not including the manufacture of "ready-to-wear"
or standardized products.
A facility primarily used to house computer, telecommunication,
digital storage and/or network infrastructure.
[Added 4-18-2022 by L.L. No. 6-2022]
A building or structure, together with its lot and its accessory
uses, buildings and structures, used as an organized recreational
facility for five or more enrolled children other than the children
of the resident family, which does not provide customary commercial
public recreation features such as Ferris wheels or roller coasters,
and does not furnish sleeping quarters except for the resident family.
The New York State Department of Environmental Conservation.
A convenience store that also prepares food items to order
and may include a small area of no more than 150 square feet for consumption
of food on site.
[Added 4-18-2022 by L.L. No. 6-2022]
Any place where liquor is manufactured for sale, and includes
all offices and storerooms connected with any part of the manufacture
process. Such use may include tastings or operate a food or drinking
establishment on site.
[Added 4-18-2022 by L.L. No. 6-2022]
A parcel of land or part thereof used primarily for the disposal
by abandonment, dumping, burial, burning or any other means and for
whatever purpose of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles, or parts thereof, or waste material of any kind.
A building arranged, intended or designed to be occupied
by one or more families living independently of each other on the
premises.
One or more rooms with provisions for cooking, living, sanitary,
and sleeping facilities arranged for the use of one family.
A secondary subordinate dwelling with not more than one bedroom designed primarily for occupancy by one or two persons, attached to or part of a single-family residence or in a detached structure as regulated in § 235-6.5B.
A building or portion thereof containing more than two dwelling
units.
A building constructed for the use of two families having
one side yard and one wall for each unit and permitting separate ownership
for each unit.
A building containing two or more dwelling units, none of
which have common floors or ceilings between units, and which have
one party or common wall. Single-family attached dwellings within
a building containing two dwellings are commonly referred to as a
"duplex." Single-family attached dwellings within a building containing
three or more dwelling units are commonly referred to as "townhomes"
where such units are located on individual fee-simple lots.
[Added 4-18-2022 by L.L. No. 6-2022]
A restaurant receiving 51% of its gross sales receipts of
food and beverages from patrons that consume food and beverages on
site but outside the principal structure.
[Added 4-18-2022 by L.L. No. 6-2022]
One or more persons living together as a single nonprofit
housekeeping unit using all rooms and housekeeping facilities of a
dwelling unit in common. Any such number of persons shall not be deemed
to be part of one family, but shall be considered a separate family
if any one of such persons does not have lawful access to common rooms
and housekeeping facilities of said dwelling unit or if any one or
more of such persons leases or rents any separate portion of such
dwelling unit from any other person, except that up to two additional
persons may room or board with a family as long as they share the
use of all common rooms and housekeeping facilities.
An agritourism use comprised of an arena, assembly hall,
catering hall, conference center, or similar indoor or outdoor facility
designed to support public assembly on a regular basis.
[Added 2-28-2023 by L.L. No. 2-2023]
An agritourism use comprised of a brewery, cidery, winery,
meadery or distillery, licensed to produce New York State labelled
products and required by license to utilize New York State agricultural
products as a minimum percentage of ingredients by weight.
[Added 2-28-2023 by L.L. No. 2-2023]
An agritourism use comprised of the touring of farms for
the purpose of teaching people about agriculture. Farm education may
include the transport of groups to and from a farm and may include
one or more structures or portions of structures used as classrooms,
museums, lecture halls or exhibit space.
[Added 2-28-2023 by L.L. No. 2-2023]
A transient agritourism use comprised of public assembly.
[Added 2-28-2023 by L.L. No. 2-2023]
A temporary agritourism use comprised of an event held indoors
or outdoors for the buying or sale of farm and food products.
[Added 2-28-2023 by L.L. No. 2-2023]
The land and on-farm buildings, equipment, facilities, and
agricultural practices which contribute to the production, preparation
and marketing of agricultural products, as a commercial enterprise,
including a "commercial horse boarding operation" as defined in Subdivision
13 of Article 25-AA of the Agricultural Districts Law and "timber
processing" as defined in Subdivision 14 of Article 25-AA.[1] Such farm operation may consist of one or more parcels
of owned or rented land, which parcels may be contiguous or noncontiguous
to each other.
[Added 2-28-2023 by L.L. No. 2-2023]
An agritourism use comprised of one or more permanent structures
or portions thereof, operated on a seasonal or year-round basis, that
allows for farmers to retail agricultural products directly to consumers.
Farm retail outlets may sell products other than agricultural products,
but such sales shall be subordinate to the retail of local agricultural
products.
[Added 2-28-2023 by L.L. No. 2-2023]
An agritourism use comprised of a direct farm marketing operation
without a permanent structure and only offering outdoor shopping on
the farm premises. Such an operation is seasonal in nature and features
on-farm produce as well as local agricultural products, enhanced agricultural
products and handmade crafts.
[Added 2-28-2023 by L.L. No. 2-2023]
An agritourism use comprised of temporary residency on the
premises of a farm operation by paying, transient guests for the purpose
of observing and/or participating in the ongoing activities of an
agricultural operation and learning about agricultural life.
[Added 2-28-2023 by L.L. No. 2-2023]
Any person, organization, entity, association, partnership,
limited-liability company, or corporation engaged in the business
of agriculture, whether for profit or otherwise, including the cultivation
of land, the raising of crops, or the raising of livestock.
[Added 2-28-2023 by L.L. No. 2-2023]
Land within an agricultural district created pursuant to § 303
of the New York Agriculture and Markets Law used primarily for bona
fide agricultural production, for commercial purposes, of all those
items and products defined in the New York Agriculture and Markets
Law § 301.
[Added 2-28-2023 by L.L. No. 2-2023]
An agritourism use comprised of a restaurant which prepares
and sells dishes which significantly feature local agricultural products
as ingredients.
[Added 2-28-2023 by L.L. No. 2-2023]
Buildings built on speculation and designed for the commercial
use of one or more tenants generally for an undefined mix of office,
light assembly, warehouse or storage of equipment and/or material
inside a building. If no specific uses are proposed the structure
must be built to the highest fire and life safety standards in the
Building Code and be fully sprinklered having noncombustible fire-rated
construction.
A facility used for the aggregation, distribution and marketing
of source-identified food products primarily from local and regional
producers.
[Added 4-18-2022 by L.L. No. 6-2022]
A facility defined pursuant to § 1301(23) of the
New York Racing, Pari-Mutuel Wagering and Breeding Law.
An indoor or outdoor facility related to the gaming area
and located on the gaming facility premises, and used for the live
performance of dance, drama, music, or similar artistic performances,
including but not limited to pavilions, concert halls and other musical
and performing arts performance areas together with administrative,
food service, interpretive and learning centers and museums, seating
facilities together with various other accessory uses to accommodate
performing arts patrons. Instructional courses in the performing arts
are allowed accessory to an arts center. This definition does not
include facilities principally used to display movies or other non-live
performances. Nothing herein shall be construed to permit adult entertainment
uses in conjunction with a cultural and performing arts center.
Recreational activities related to the gaming area and located
on the gaming facility premises, and conducted entirely within a building,
including tourism facilities operated on a commercial or fee basis.
An indoor recreation use may include food service facilities, hotels
and resort lodges, health spas, conference centers, meeting rooms,
theaters, retail sales and other accessory uses clearly incidental
to recreational activity. Indoor commercial recreational use may include
the premises approved under a gaming license issued by the New York
State Gaming Commission which includes a gaming area and any other
nongaming structure related to the gaming area and may include, but
shall not be limited to, hotels, restaurants, or other amenities.
Nothing herein shall be construed to permit adult entertainment uses
in conjunction with an indoor commercial recreational use.
Recreational activities related to the gaming area and located
on the gaming facility premises, and conducted outside of a building,
operated on a commercial or fee basis. An outdoor recreational use
may include accessory uses and buildings, such as a clubhouse, food
stands, offices, and other accessory structures incidental to the
outdoor recreational activity. Golf courses are regulated as a separate
use. Nothing herein shall be construed to permit adult entertainment
uses in conjunction with an outdoor commercial recreational use.
A facility which includes a gaming facility, and which may
also include gaming facility indoor commercial recreational uses,
gaming facility outdoor commercial recreational uses, and/or a gaming
facility cultural and performing arts center.
A building, not a private garage, used for the storage of
automobiles or trucks, and not used for making repairs thereto.
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein and no space for more than one car is leased to a nonresident
of the premises.
A building other than a private or a parking garage used
for adjustment, painting, replacement of parts or other repair of
motor vehicles, or parts thereof, whether or not accessory or incidental
to another use.
Kitchen and household refuse and table scraps, fruit and
vegetable parings, decaying vegetable, animal and fruit matter and
fallen fruit and other perishable waste resulting from the handling,
selling, preparation, cooking or storing of foods, including soiled
paper. "Garbage" does not include yard waste.
A building or lot or part thereof supplying or selling gasoline
or other equivalent fuel for motor vehicles at retail direct from
pumps and storage tanks. A gasoline station may include accessory
facilities for rendering service for motor vehicles, such as lubrication,
washing and minor repairs. A gasoline station may be self-service
where customers pump their own fuels or may have an attendant that
pumps fuels and it may house a convenience retail store of up to 2,500
square feet. A gasoline station shall not be deemed to include a liquefied
petroleum filling station. A gasoline station shall not be deemed
to include any facility where diesel fuel sales by volume exceed 15%
of total fuel sales for any thirty-day period.
[Amended 10-6-2022 by L.L. No. 10-2022]
A facility associated with the sale of gasoline products
that also offers for sale prepackaged food items and consumer goods,
primarily for self-service by the consumer. Hot beverages, fountain-type
beverages, pastries, and prepared or individually proportioned items
may be included in the food items offered for sale.
A parcel of land upon which a building and/or storage tank
for LPG is located and used to supply gas at retail to motor vehicles
and portable gas storage tanks brought to the site. Such a gasoline
station may provide accessory facilities and services for motor vehicles,
equipment utilizing LPG and LPG tanks.
See "convenience store."
[Added 4-18-2022 by L.L. No. 6-2022]
A semi-permanent structure or structures consisting of one
or more platforms upon which a fabric tent is erected for use as an
overnight accommodation guest unit. No glamp may contain more than
five overnight accommodation guest units and guest units shall not
be visible from any public right-of-way.
[Added 4-18-2022 by L.L. No. 6-2022]
The range of measures that use plant or soil systems, permeable
pavement or other permeable surfaces or substrates, stormwater harvest
and reuse, or landscaping to store, infiltrate, or evapotranspirate
stormwater and reduce flows to sewer systems or to surface waters.
Techniques include but are not limited to those identified in Chapter
5 of the New York State DEC stormwater manual and include but are
not limited to rain gardens, bioretention areas, vegetated swales/dry
swales, green roofs, porous pavement, stream buffer restoration, stormwater
planters and tree filters.
[Added 11-3-2022 by L.L. No. 13-2022]
The lowest layer of plants that provides direct coverage
of soil with grasses and other low-growing or trailing plants.
[Added 11-3-2022 by L.L. No. 13-2022]
Any habitable room or demised group of rooms designed to
be rented as a single unit, accessed via a single key and used as
a separate overnight accommodation on a transient basis only.
[Added 4-18-2022 by L.L. No. 6-2022]
An agritourism use where the public is invited at harvest
time to pick fruits or vegetables grown on site and optionally supplemented
with local agricultural products. Farm events may include traditionally
attendant activities such as corn mazes, Christmas tree harvesting,
cooking contests, eating contests, petting zoos, sale of prepared
foods, live music and similar activities. Harvest events may extend
over the span of several weeks.
[Added 2-28-2023 by L.L. No. 2-2023]
All roads utilized for mining purposes, together with that
area of land over which material is transported, that are located
within the permitted area.
The vertical distance measured from the average elevation
of the finished grade along the side of the structure fronting on
the nearest street to the highest point of such structure.
Any gainful occupation customarily conducted within a single-family
dwelling by the residents thereof that is clearly secondary to the
residential use, and that does not change the character of the structure
as a residence. Said activity shall not occupy more than 1/2 of the
ground floor area of the dwelling or its equivalent elsewhere in the
dwelling if so used, and further provided that there shall be no external
evidence other than an announcement sign and that no mechanical or
electrical equipment shall be used except customary household equipment.
However, home occupations shall not be construed to include such uses
as the following: occupations which employ persons other than residents
who work on the premises, a clinic or hospital, restaurant, antique
dealer, kennel or breeding kennel (except where allowed as a special
permit use).
The office or studio of a resident physician, surgeon, dentist,
or other person licensed by the State of New York to practice a healing
art; lawyer, architect, artist, engineer, real estate broker or salesman,
insurance broker or agent, or teacher as herein restricted; provided
that not more than two persons are employed who are not members of
the family, and that such office shall be in the main building and
shall not occupy more than the equivalent of 1/2 of the area of one
floor of said building. For the purposes of this definition, a "teacher"
shall be restricted to a person giving individual instruction in academic
or scientific subjects to a single pupil at a time. A home professional
office shall not include the office of any person professionally engaged
in the purchase or sale of economic goods. Dancing instruction, band
instrument or piano or voice instruction, tea rooms, tourist homes,
beauty parlors, barbershops, hairdressing and manicuring establishments,
convalescent homes, mortuary establishments, and stores, trades, or
businesses of any kind not herein excepted shall not be deemed to
be home professional offices. The home professional office of a physician
shall not include a biological or other medical testing laboratory.
The production of fruits, vegetables, flowers, ornamental
trees and landscape plants but not staple crops or livestock. Horticultural
specialty may include greenhouses and retail outlets.
[Added 2-28-2023 by L.L. No. 2-2023]
A commercial building containing overnight accommodation
guest units which share common entrances and are accessed via a common
hallway. Conference rooms, restaurants, bars, lounges, gift shops,
sundries shops, business centers, fitness centers and recreational
amenities are considered accessory to a hotel, so long as they are
primarily intended for use by hotel guests. A hotel may include up
to one overnight accommodation to be utilized by staff and/or employees
and their family on a nontransient basis.
[Amended 4-18-2022 by L.L. No. 6-2022]
A movable single-family dwelling originally equipped with
or having a vehicular chassis but lacking one or more of the following
mechanical systems and equipment: plumbing, heating, electrical, cooking
and refrigeration. See "mobile home."
A hotel or motel having up to 25 guest rooms.
[Added 4-18-2022 by L.L. No. 6-2022]
A tiered classification of uses for the purpose of prescribing
buffering where similar uses are grouped together based on their shared
attributes of approximate intensity in terms of noise and odor generation,
traffic generation, and general activity level.
[Added 11-3-2022 by L.L. No. 13-2022]
Any land or structure or part thereof exceeding 300 square
feet in area used for collecting, storage or sale of wastepaper, rags,
scrap metal or other scrap or discarded material; or for the collecting,
dismantling, storage or salvage of machinery or vehicles not in running
condition, or for sale of the parts thereof.
The maintenance or housing of more than four dogs six months
of age or older on one lot.
Any potential adverse effect of artificial light, including
sky glow, glare, light trespass, light clutter, decreased visibility
at night and energy waste, as determined by the Planning Board during
plan review.
A parcel of land occupied or used by one main building with
its accessory building and the required open spaces.
The total horizontal area included within lot lines.
The percentage of the area of the lot covered by a building
or buildings.
Any boundary of a lot. Any lot line not a rear lot line nor
a front lot line shall be deemed a side lot line.
The street right-of-way line at the front of a lot. A front
lot line and required front yard for property facing two or more streets
shall be all of the lines and all of the yards fronting on said streets.
The lot line and yard opposite one of the front lot lines shall be
the rear lot line and rear yard. For a lot that extends behind another
lot, the front yard shall be measured from both the public street
and, in addition thereto, from the common lot line between the front
and rear lots which runs generally parallel to the street.
The lot line opposite to the front lot line.
The dimension measured from side lot line to side lot line
along a line parallel to the street line at the required minimum front
yard depth, or at the proposed building setback line established at
the time of subdivision approval, whichever is greater.
A lot at the junction of and fronting on two or more intersecting
streets.
Any lot other than a corner lot.
A lot extending from one street to another.
A facility used for the purpose of repairing, servicing and/or
maintaining vehicles, machinery and equipment used principally in
industrial or commercial processes, including but not limited to printing
presses, hydraulic presses, boilers, industrial ovens, industrial
scales, milling machines, lathes, robotic equipment, looms, forges,
bulldozers, backhoes, drilling machines, excavators, tractors, tug
vehicles, commercial trucks, aircraft, lawn mowers, snow machines
and watercraft. Vehicles, machinery and equipment shall be primarily
non-consumer goods and not utilized for personal use, but these uses
may include repair, service or maintenance of personal consumer goods
as an ancillary use.
[Added 10-6-2022 by L.L. No. 10-2022]
Any excavation from which a mineral is to be produced for
sale or exchange, or for commercial, industrial or municipal use;
all haulageways and all equipment above, on or below the surface of
the ground used in connection with such excavation, and all lands
included in the life of the mine review by the New York State Department
of Environmental Conservation.
Any naturally formed, usually inorganic, solid material located
on or below the surface of the earth. For purposes of this chapter,
peat and topsoil shall be considered minerals.
The extraction of overburden and minerals from the earth;
the preparation and processing of minerals, including any activities
or processes or parts thereof for the extraction or removal of minerals
from their original location and the preparation, washing, cleaning,
crushing, stockpiling or other processing of minerals at the mine
location so as to make them suitable for commercial, industrial or
construction use; exclusive of manufacturing processes, at the mine
location; the removal of such materials through sale or exchange,
or for commercial, industrial or municipal use; and the disposition
of overburden, tailings and waste at the mine location. "Mining" shall
not include the excavation, removal and disposition of minerals from
construction projects, exclusive of the creation of water bodies,
or excavations in aid of agricultural activities.
A description of the applicant's mining operation, which
shall include maps, plans, written materials and other documents required
by the New York State Department of Environmental Conservation.
A movable single-family dwelling originally equipped with
or having a vehicular chassis and provided with all of the following
mechanical systems and equipment: plumbing, heating, electrical, cooking,
and refrigeration. See "house trailer."
A residential land use designed for the location of one or
more mobile homes in designated mobile home spaces and including appurtenant
facilities and accessory services for residents only.
A use of land and improvements for the purpose of displaying,
storing and renting or selling mobile homes or house trailers, but
not including provision for mechanical or other services for these
dwelling uses.
A residential land use designed for a cluster of mobile homes
(sometimes referred to as "manufactured homes") with improvements
and open space and where at least one occupant shall be at least 55
years of age and no occupant shall be less than 19 years of age.
A commercial building or buildings containing overnight accommodation
guest units which are accessed directly from the building exterior.
The term "motel" includes buildings designed as tourist courts, motor
lodges, auto courts and other similar appellations. A motel may include
up to one overnight accommodation to be utilized by staff and/or employees
and their family on a nontransient basis.
[Amended 4-18-2022 by L.L. No. 6-2022]
Any industry which is not detrimental to the environment
in which it is located by reason of the emission of smoke, noise,
odor, dust, vibration or excessive light, beyond the limits of its
lot, or by reason of generating excessive traffic with attendant hazards
and which does not include any outdoor processing of materials, or
open accessory storage yard unless completely enclosed by a solid
wall or fence not less than six feet in height.
That nonnuisance industry which employs four or fewer employees,
is expected by the Planning Board to generate little or no heavy truck
traffic, contains no outdoor storage yards, and is situated in a building
or portion of a building of not more than 2,500 square feet in floor
area.
A structure lawfully existing at the effective date of this
chapter, or any amendment thereto affecting such structure, which
does not conform to the Table of Dimensional Regulations[2] of this chapter for the district in which it is situated,
irrespective of the use to which such structure is put.
Any use of a building, structure, lot or land, or part thereof,
lawfully existing at the effective date of this chapter or any amendment
thereto affecting such use which does not conform to the Table of
Use Regulations of this chapter for the district in which it is situated.
See "day camp."
All of the earth, vegetation and other materials which lie
above or alongside a mineral deposit.
A lot or part thereof used for the storage or parking of
motor vehicles with or without the payment of rent or charges in money
and/or other consideration.
A stall or berth which is arranged and intended for the parking
of one motor vehicle in a garage or parking area.
A parking space intended for occupancy by a commercial vehicle
or commercial vehicle and trailer over 20 feet in length. Each loading
berth, truck dock, truck bay, or fueling position concurrently available
to such vehicles shall also be deemed to be a truck parking space.
[Added 4-18-2022 by L.L. No. 6-2022]
A specific main use of a building, structure, lot or land,
or part thereof, which this chapter provided for in a particular district
as a matter of right subject to the requirement of site plan approval
where elsewhere required in this chapter and/or other applicable law.
Any use which is not listed as a permitted, special exception or accessory
use shall be considered a prohibited use.
Any individual, public or private corporation, political
subdivision, government agency, department or bureau of the state,
municipality, industry, partnership, association, firm, trust, estate
or any other legal entity whatsoever.
A barbershop, beauty parlor, dry-cleaning or laundry service
of less than 4,000 square feet, professional studio or travel agency
or similar service that is contained within, and clearly accessory
to, a primary building use of the property.
A facility which separates recyclable from solid waste, other
than source-separated recyclable or construction and demolition debris.
These facilities shall be regulated the same as recyclable handling
and recovery facilities. These facilities must meet the requirements
of 6 NYCRR Part 360-11, Transfer Stations, as such requirements now
exist or may be amended hereafter.
A use of a building or structure, lot or land, or part thereof, which is not listed as a permitted, special exception, or accessory use as well as those uses listed as prohibited uses in § 235-9.
A dwelling located on the same lot and to the rear of the
main building for which the lot is used.
The conditioning of the affected land to make it suitable
for any uses or purposes consistent with the provisions of the Environmental
Conservation Law.
A description of operations to be performed by the applicant
for a mining permit to reclaim the land to be mined over the life
of the mine. The reclamation plan shall include maps, plans, the schedule
for reclamation, written material and other documents as required
by the New York State Department of Environmental Conservation.
A movable unit designed for short-term occupancy and frequent
travel, equipped with chassis and one or more of the following mechanical
systems and equipment: plumbing, heating, electrical, cooking and
refrigeration.
A solid waste processing facility, other than collection
and transfer vehicles, at which nonputrescible recyclables which have
been previously separated (commingled or source-separated recyclables)
from the solid waste stream are processed or prepared to marketable
quality for reuse and/or recycling. This definition does not include
retail operations that accept materials for recycling from the general
public as merely a service or convenience that is incidental to the
primary business being conducted on that property (e.g., waste oil
collection centers at an automotive parts store).
Any material designated, from time to time, which, under
any applicable law or regulation, is not hazardous and which is separated
from the waste stream and held for its material recycling or reuse
value. It shall be limited to the following materials only: newsprint,
corrugated cardboard, magazines, office paper, kraft paper, phone
books, miscellaneous paper, glass, aluminum, tin/steel cans, white
goods, scrap metal, plastics, textiles, used oil, lead acid batteries
and dry-cell batteries. All other materials are specifically excluded
from this definition.
A facility used for the training of athletes engaged in competitive
sports other than firearm shooting sports and comprised of indoor
and/or outdoor athletic fields and/or courts, classrooms, and accessory
facilities such as gymnasiums, physical therapy spaces, medical facilities,
snack bars and spectator arenas and grandstands. Such a facility does
not include overnight accommodations and is limited to one residential
dwelling unit for nontransient occupancy by a caretaker. Regional
sports training facilities may also be used for hosting regional sports
tournaments.
[Added 4-18-2022 by L.L. No. 6-2022]
A facility used for the purpose of repairing, servicing and/or
maintaining vehicles registered for operation on public roads, including
but not limited to cars, busses, trucks and motorcycles.
[Added 10-6-2022 by L.L. No. 10-2022]
A building for experimentation in pure or applied research,
design, development and production of prototype machines or devices
or of new products and uses accessory thereto. With respect to the
application of this chapter, such research institute or laboratory
shall meet the standards of a nonnuisance industry.
A hotel or motel that offers recreational attractions such
as golf courses, swimming pools, horseback riding trails, boating
water parks and usually provides access to those facilities typically
as part of a single fee.
[Added 4-18-2022 by L.L. No. 6-2022]
A commercial establishment where food and beverages are prepared
and served on site and where beverage sales constitute less than 50%
of the gross sales receipts of food and beverages.
[Added 4-18-2022 by L.L. No. 6-2022]
A nonnuisance industry, as elsewhere defined in this chapter,
that custom fabricates from finished materials which were not manufactured
on the premises and which includes a retail store as a principal use
in a designated area with separate direct access from the exterior
in which components either manufactured or utilized in connection
with the finished product are offered for sale to the public.
The retail sales of various products including food, in an
area that is contained within the primary interior use of an existing
commercial facility and is less than 25% of the floor space of the
primary interior use.
Establishments engaged in selling commodities or goods in
small quantities to end consumers including the rental or incidental
servicing of items and material.
A temporary use of land, structure or building on a farm
by the farmer as a sale outlet primarily for produce grown on his
farm.
A facility containing separate, individually leasable or
rentable storage spaces of varying sizes.
Individual dwelling units, or partial units, designed and
constructed primarily for seniors and subject to management or legal
restrictions that require all units and partial units to be occupied
by persons 60 years of age or older providing long-term residence,
centralized cooking and common dining, housekeeping and personal care
and supervision as needed to five or more adults, unrelated to the
operator, who may or may not require some limited, continuing medical
care. To allow flexibility, not more than 10% of the units may be
occupied by persons under 60 years of age.
One or more buildings situated on a minimum of two acres
containing retail stores, services, offices, eating, drinking, or
entertainment establishments and accompanying on-site parking, loading,
and vehicular and pedestrian circulation facilities, in accordance
with a comprehensive design.
Any kind of billboard, signboard, temporary or permanent,
or other shape or device or display used as an advertisement, announcement,
or direction, including any text, symbol, lights, marks, letters or
figures painted thereon or painted on or incorporated in the composition
of an exterior surface of a building or structure.
A temporary or permanent sign which directs attention to
a business or profession conducted upon the property.
A temporary or permanent sign which directs attention to
a home occupation, a home professional office, or public or semipublic
building.
A sign advertising land or improvements thereto, or describing
construction activity or a firm doing work related to construction,
on the premises on which the sign is located.
A temporary sign which directs attention to a special activity
or entertainment, or one which indicates the location of a real estate
subdivision.
The segregation of recyclable materials from solid waste
to a point of generation for separation, collection, sale or other
disposition.
A use in one or more districts for which the Planning Board may grant a permit pursuant to the provisions of § 235-15.4.
Any waste material removed from its natural place in the
process of mining and all waste material directly connected with the
cleaning and preparation of any minerals.
Any federal, state, county or Town road or any street shown
upon a subdivision plat filing in the County Clerk's office.
The dividing line between a lot and a street right-of-way.
A street which carries traffic from minor streets to the
major system of arterial streets and highways, including the principal
entrance streets of large residential developments.
A street which serves or is designed to serve heavy flows
of traffic and which is used primarily as a route for traffic between
communities and/or other heavy traffic between communities and/or
other heavy-traffic-generating areas.
A street which is parallel to and adjacent to major or arterial
streets and highways, and which serves to provide access to abutting
properties and separation from through traffic.
Anything constructed or erected on or under the ground or
upon another structure or building.
A receptacle for water or an artificial pool of water having
a depth at any point of more than 18 inches and a surface area of
greater than 100 square feet designed or intended for the purpose
of bathing or swimming and including all appurtenant equipment, and
having more than 1/2 of its volume below the surface of the surrounding
terrain.
Material of inferior quality or value resulting from the
removal, preparation or processing of minerals.
A commercial establishment where food and beverages are prepared
and served on site and where beverage sales constitute more than 50%
of the gross sales receipts of food and beverages.
[Added 4-18-2022 by L.L. No. 6-2022]
Tires from cars, trucks or other motor vehicles and their
casings, but shall not include rims.
A solid waste management facility, other than a recyclable
handling and recovery facility, used oil facility, or a construction
and demolition debris processing facility, where solid waste is received
for the purpose of subsequent transfer to another solid waste management
facility for further processing, treating, transfer or disposal. Transfer
of solid waste from vehicle to vehicle for the purpose of consolidating
loads, as part of the initial collection process, is not considered
a transfer station, provided the transfer activity occurs along the
collection route where the point of transfer changes from day to day.
Transfer of leakproof, closed modular containers of solid waste from
vehicle to vehicle, including truck to train, for the purpose of consolidating
loads for shipment to an authorized disposal or treatment facility,
is not considered a transfer station, provided the contents of each
container remain in their closed container during the transfer between
vehicles; storage remains incidental to transport at the location
where the containers are consolidated; containers are maintained in
a safe, nuisance-free (e.g., dust, odor, noise, etc.) manner; and
the transfer location is under the ownership or control of the transporter.
Occupied for no more than 29 consecutive days or 29 days
in any calendar year.
[Added 4-18-2022 by L.L. No. 6-2022]
A facility where goods owned by others are being transported
or transferred by truck and where trucks, owned by the terminal or
affiliate, are leased, repaired, serviced, maintained and/or temporarily
stored.
The vegetative layer and especially the trees and shrubs
between the forest canopy and the ground cover.
[Added 11-3-2022 by L.L. No. 13-2022]
The sale of used vehicles, whether or not in conjunction
with the sale of new vehicles, but excluding the sale of salvaged
vehicles, vehicles with a salvage title and/or vehicles for which
title has been transferred to an insurance company in settlement of
a claim for damage thereto or theft thereof. The foregoing exclusion
shall not apply to the sale of used cars when such sales are incidental
and subordinate to an automobile repair shop.
A structure designed as a single-family detached dwelling,
but used as a single overnight accommodation guest unit.
[Added 4-18-2022 by L.L. No. 6-2022]
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is not allowed or is otherwise prohibited
by the applicable zoning regulations.
A structure of wood, stone, or other materials or combination
thereof intended for defense, security, screening or enclosure or
for the retention of earth, stone, fill or other materials as in the
cases of retaining walls or bulkheads.
A facility containing goods manufactured, used, transferred,
stored, transported or sold by the owner or lessor of the warehouse.
A warehouse may be attached to or accessory to an office, industrial
building or use or a commercial use or may be a separate or principal
use of a property subject to the requirements of this chapter. Warehouse
facilities shall not provide truck maintenance service or repair facilities
unless they are also part of a truck terminal or truck stop.
A warehouse, whether the principal or accessory use on the
site, having more than one truck parking space per 7,500 square feet
of floor area or averaging more than 24 arrivals per day or 24 departures
per day by commercial vehicles 25 feet in length or greater over any
forty-five-day period.
[Added 4-18-2022 by L.L. No. 6-2022]
A warehouse other than an intensive warehouse.
[Added 4-18-2022 by L.L. No. 6-2022]
The taking of water for the purpose of removal from the production
site in excess of 20,000 gallons per any day. Agricultural uses and
irrigation uses are not deemed to be water production, supply and
removal for the purposes of this chapter. Additionally, the taking
of water by firefighting personnel under emergency or for training
purposes or the taking of water by municipal water districts, likewise,
will not be subject to the regulations herein set forth in this chapter.
Land delineated by the New York State Department of Environmental
Conservation (DEC) as New York State wetlands, but exclusive of the
100-foot regulated area and, also, lands meeting the United States
Army Corps of Engineers (USACOE) criteria to be federal wetlands as
regulated by the United States Army Corps of Engineers (USACOE), based
on a federal wetland delineation deemed acceptable to the Planning
Board.
[Amended 11-3-2022 by L.L. No. 13-2022]
Any place or premises wherein wines are manufactured from
any fruit or brandies distilled as the by-product of wine or other
fruit or cordials are compounded. Such use may include tastings or
operate a food or drinking establishment on site.
[Added 4-18-2022 by L.L. No. 6-2022]
A facility which produces wood chips or mulch from chipping
and/or grinding of the raw material for the expressed purpose of producing
wood by-products for use as landscaping material or for other uses.
This definition does not include the production of compost caused
by the organic decay of the wood materials processed at this facility,
as such operations are defined as a "composting facility" under these
regulations.
Grass clippings, leaves, cuttings and other debris from shrubs,
hedges, tree branches less than three inches in diameter and four
feet in length, and other vegetation. Garbage, recyclable material,
construction and demolition debris, sod and soil shall not be construed
to include yard waste.
An open, unoccupied space on the same lot with a building
situated between the nearest roofed portion of the building and the
front line of the lot and extending from side lot line to side lot
line.
[Amended 10-6-2022 by L.L. No. 10-2022]
A space on the same lot with a building situated between
the nearest roofed portion of the building and the rear lot line of
the lot and extending from side lot line to side lot line.
[Amended 10-6-2022 by L.L. No. 10-2022]
Open and unobstructed ground area of the plot, extending
inward from a lot line for the distance specified in the requirements
for the district in which the lot is located.
[Added 10-6-2022 by L.L. No. 10-2022]
An open, unoccupied space on the same lot with a building
situated between the nearest roofed portion of the building or of
any accessory building and the side lot line of the lot, and extending
through from the front yard or from the front lot line, where no front
yard exists, to the rear yard or to the rear lot line where no rear
yard exists.
[Amended 10-6-2022 by L.L. No. 10-2022]
Districts provided for elsewhere in the Zoning Law of the
Town of Montgomery.
[1]
Editor's Note: See Article 25-AA of the Agriculture and Markets
Law.
[2]
Editor's Note: Said table is included as an attachment to this chapter.
The provisions of this chapter shall be deemed to be specific.
Those matters for which there are no specific provisions in this chapter
shall be deemed to be prohibited.
Except as hereinafter provided, no building or structure or
part thereof and no lot or land or part thereof shall hereafter be
used except for a purpose specifically permitted by the provisions
of the Table of Use Regulations[1] for the district in which such building or structure,
lot or land is located on the Zoning Map.
A.
Any lawful use that does not conform to the use regulations of this chapter shall be deemed a nonconforming use. (See § 235-14.)
B.
A special permit use authorized by the Planning Board shall be deemed
a conforming use.
C.
A use authorized by a variance from the use regulations of this chapter
granted by the Zoning Board of Appeals shall be deemed a nonconforming
use.
[1]
Editor's Note: Said Table of Use Regulations is included as an attachment to this chapter.
Except as hereinafter provided, no building or structure or
part thereof shall hereafter be erected, structurally altered, enlarged,
rebuilt, or moved except in conformity with the provisions of the
Table of Dimensional Regulations[1] for the district in which such building or structure is
located on the Zoning Map.
A.
Any lawful existing building or structure that does not conform to such dimensional regulations of this chapter shall be deemed a nonconforming building or structure, irrespective of the use to which it is put. (See § 235-14.)
B.
A building or structure or part thereof authorized as a variance
from the dimensional regulations of this chapter, granted by the Zoning
Board of Appeals, shall be deemed a nonconforming building or structure
or part thereof.
[1]
Editor's Note: Said Table of Dimensional Regulations is included as an attachment to this chapter.
The following provisions are "grandfathered":
A.
Existing approved residential lots or lots validly of record with
frontage on public highways or contained on certain subdivision plats
filed with the County Clerk for lands rezoned to the RA-.5 Zoning
District in 1989 (Local Law No. 4 of 1989). All existing approved
residential lots or lots validly of record in the Town of Montgomery
as of July 10, 1989, which were rezoned to the RA-.5 Zoning District
in 1989 but contained the requisite frontage on any existing state,
county or Town highway as of July 10, 1989, or those lots which are
included on a filed subdivision plat previously filed with the County
Clerk pursuant to the interim grandfather provisions of Section III
of Local Law No. 4 of 1989, may be developed and improved in accord
with the zoning lot area and bulk requirements of the Town of Montgomery
in effect immediately prior to the adoption of Local Law No. 4 of
1989. Notwithstanding the above, all Zoning Law amendments subsequent
to Local Law No. 4 of 1989 shall apply to all such lots. Additionally,
no such lot shall have been nor shall be further subdivided to create
any new residential lots that do not meet the minimum requirements
imposed by this chapter as existing now or as, from time to time,
amended, unless the subdivision plan is an approved cluster plan in
accord with the Zoning Law existing at the time of the filing of the
clustered subdivision plan with the Orange County Clerk.
B.
Local Law No. 2 of 2002, as amended by Local Law No. 2 of 2003.
(1)
Section III-C requires a full-acre, two-acre, half-acre, three-eighths-acre,
five-eighths- acre or three-quarter-acre lot size, as the case may
be, for the RA-.5, RA-1, RA-2 and RA-3 Districts (as they existed
on January 1, 2022) as depicted in the Table of Dimensional Regulations
for the Residence and Agricultural Districts;[1]
[Amended 10-6-2022 by L.L. No. 10-2022]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
(2)
Approved lots which do not meet the minimum lot sizes set forth
in Section III-C of Local Law No. 2 of 2002, but are depicted on a
subdivision map filed with the Orange County Clerk as of the effective
date of that local law;
(3)
Existing lawfully created lots of record which do not meet the
minimum lot sizes set forth in Section III-C of Local Law No. 2 of
2002, but were created prior to the requirement that any such lots
be approved by the Town of Montgomery Planning Board.
C.
Local Law No. 2 of 2010.
(1)
Proposed site plans currently pending before the Planning Board
based on a complete application that has received either a conditional
approval or has had a negative declaration or findings statement adopted
pursuant to the State Environmental Quality Review Act (SEQRA) as
of March 31, 2010, shall not be required to comply with the provisions
of this chapter, provided that the site plans are signed by the Chairman
of the Planning Board and filed as required prior to March 31, 2012.
(2)
Proposed subdivisions currently pending before the Planning
Board based on a complete application that have received either a
preliminary approval or have had either a negative declaration or
findings statement adopted pursuant to the State Environmental Quality
Review Act (SEQRA) as of March 31, 2010, shall not be required to
comply with the provisions of this chapter, provided that the subdivision
is signed by the Chairman of the Planning Board and filed as required
prior to March 31, 2012.
D.
A planned
adult community with an approved and unexpired special use permit
and an approved and unexpired site plan shall not be subject to Introductory
Local Law 9 of 2021.
[Added 4-18-2022 by L.L. No. 6-2022]
[Added 2-28-2023 by L.L. No. 2-2023]
A.
Farmers, as well as those employed, retained, or otherwise authorized
to act on behalf of farmers, may lawfully engage in agricultural practices
within this Town at all times and all such locations, as limited herein,
as are reasonably necessary to conduct the business of agriculture.
For any agricultural practice, in determining the reasonableness of
the time, place, and method of such practice, due weight and consideration
shall be given to both traditional customs and procedures in the farming
industry as well as to advances resulting from increased knowledge,
research and improved technologies.
B.
Agriculture as defined herein is a permitted use on any properties
which lie within an agricultural district in any district of the Town
and shall not be subject to site plan or special use approval except
as identified hereafter.
C.
Agricultural practices conducted on farmland as defined herein shall
not be found to be a public or private nuisance if such agricultural
practices are:
(1)
Reasonable and necessary to the particular farm or farm operation;
(2)
Conducted in a manner which is not negligent or reckless;
(3)
Conducted in conformity with generally accepted and sound agricultural
practices;
(4)
Conducted in conformity with all local state, and federal laws
and regulations;
(5)
Conducted in a manner which does not constitute a threat to
public health and safety or cause injury to health or safety of any
person;
(6)
Conducted in a manner which does not reasonably obstruct the
free passage or use of navigable waters or public roadways;
D.
Nothing in this section shall be construed to prohibit an aggrieved
party from recovering damages for bodily injury or wrongful death
due to a failure to follow sound agricultural practice.
E.
Notification of real estate buyers. In order to promote harmony between
farmers and their neighbors, the Town requires land holders and/or
their agents and assigns to comply with § 310 of Article
25-AA of the State Agriculture and Markets Law and provide notice
to prospective purchasers and occupants as follows: "It is the policy
of this state and this community to conserve, protect and encourage
the development and improvement of agricultural land for the production
of food, and other products and also for its natural and ecological
value. This notice is to inform prospective residents that the property
they are about to acquire lies partially or wholly within an agricultural
district and that farming activities occur within the district. Such
farming activities may include, but not be limited to, activities
that cause noise, dust and odors." This notice shall be provided to
prospective purchase of property within an agricultural district or
on property with boundaries within 500 feet of a farm operation located
in an agricultural district. A copy of this notice shall be included
by the seller or seller's agent as an addendum to the purchase
and sale contract at the time an offer to purchase is made.
F.
The following agritourism uses shall be deemed to be permitted components of farm operations in any zoning district in the Town for properties which lie within an agricultural district where they meet the requirements of Subsections G and I hereafter.
(1)
Farm retail outlets;
(2)
Farm stands;
(3)
Farm breweries, farm cideries, farm distilleries, farm meaderies,
farm wineries;
(4)
Farm-to-table restaurants;
(5)
Farm vacations including no more than 10 demised units of overnight
accommodations;
(6)
Harvest events;
(7)
Farm events for up to 300 people;
(8)
Farm assembly venue with a maximum capacity of up to 300 people;
(9)
Farm education.
G.
The following restrictions shall apply to agritourism uses permitted
pursuant to these provisions. These restrictions shall not be construed
to apply to those portions of the farm operation not used for agritourism
or in support of the agritourism (such as parking areas and outdoor
assembly spaces), nor shall such areas of the farm operation be subjected
to site plan review by the Town Board or Planning Board as described
hereafter.
(1)
The principal use of the lot shall be for a farm operation,
and the farm operation and agritourism use shall be located on land
meeting the definition of "farmland" and located within an agricultural
district. The agritourism use shall be subordinate to the farm operation.
(2)
All agritourism uses shall meet the requirements of the Building
Codes of the State of New York. No structures shall be constructed,
nor sites cleared, graded or improved in support of an agritourism
use before issuance of a building permit by the Building Inspector.
(3)
Agritourism uses involving less than 4,000 square feet of permanent enclosed interior floor area and/or parking areas for less than 75 vehicles shall be deemed minor and subject to expedited site plan approval by the Town Board in accordance with the provisions of Subsection I.
(4)
Agritourism uses involving 4,000 square feet or more but less than 10,000 square feet of permanent enclosed interior floor area and/or parking areas for 75 or more vehicles but less than 150 vehicles shall be subject to expedited site plan review by the Planning Board in accordance with the provisions of Subsection I.
(5)
Where any use proposes 10,000 square feet or more of permanent enclosed interior floor area or parking areas for 150 vehicles or more, such use shall be subject to full site plan review in accordance with the provisions of § 235-16.5.
(6)
No more than one farm event per day is permitted.
(7)
The minimum lot size for the farm operation and agritourism
use is 10 acres.
(8)
Any new structure shall meet the yard and height requirements
of the zoning district in which the agritourism use is proposed to
be located.
(9)
No outdoor areas available for public access shall be located
closer than 200 feet from a neighboring residence.
(10)
The use shall be available for inspection annually and at any
time upon reasonable advance notification by the Building Department
to ensure continuing compliance with these provisions.
(11)
All permits shall be secured from the New York State Department
of Health (or other delegated authority) as required by law, including
but not limited to any permits for public gatherings, public water
supply, food service facilities, sanitary sewer, lodging, etc.
(12)
With the exception of overnight accommodations and setup and
cleanup of events, agritourism uses shall only be permitted to operate
between the hours of 8:00 a.m. and 10:00 p.m., Monday through Thursday,
8:00 a.m. and 11:30 p.m. on Friday, 9:00 a.m. and 11:30 p.m. on Saturday
and 10:00 a.m. and 10:00 p.m. on Sunday and any holiday on which the
Town Clerk's office is closed. Regardless of whether or not site
plan approval is required for agritourism uses, the Planning Board
or Town Board may modify the terms of these restrictions for good
cause shown.
(13)
Agritourism uses shall be subject to the provisions of § 235-16 (Administration and Enforcement) except that the time to remedy a violation established by § 235-16.10B of 10 days shall be extended to 60 days, except where the Building Inspector determines an emergency situation exists. The time to remedy shall only be so extended for violations arising from noncompliance with the conditions outlined in § 235-4.5H or imposed as a requirement of site plan approval of the agritourism use. All other requirements shall be subject to the time frames outlined by § 235-16.10B.
(14)
The Town Board may revoke the right to an agritourism use that
it finds to be in continuous violation of its approval for 90 consecutive
days, which revocation may be for a term of up to three years.
H.
Accessory animal processing. The incidental processing of animals
or animal parts is recognized to be a customary accessory use to farm
operations and is authorized as a permitted accessory use to any farm
operation located within an agricultural district subject to the following
requirements:
(1)
The operation does not meet the threshold for requiring a permit
from the United States Department of Agriculture.
(2)
No animal processing operations shall be located within 200
feet of a property line.
(3)
No animals shall be processed within substantial public view.
(4)
The animal processing is in accordance with all state and federal
requirements.
I.
Expedited site plan.
(1)
A sketched general plan for the site shall be provided on a
tax parcel map or other sufficient available base map showing the
boundaries and dimensions of the parcel of land involved, and identifying
contiguous properties and any known easements or rights-of-way and
roadways. The sketch plan shall also include the approximate location
of the following. (Note: Parcel maps showing lot lines and aerial
photos of the site may be downloaded or printed from the Orange County
GIS website at https://gis.orangecountygov.com.)
(a)
Existing features of the site, including land and water areas,
water or sewer systems and the approximate location of all existing
structures on or immediately adjacent to the site, shall be indicated
on the sketch plan.
(b)
The proposed location and arrangement of buildings and uses
on the site, including means of ingress and egress, parking and circulation
of traffic.
(c)
The proposed location and arrangement of specific land uses,
such as pasture, crop fields, woodland, livestock containment areas
or manure storage/manure composting sites.
(d)
Sketch of any proposed building, structure or sign, including
exterior dimensions and elevations of front, side and rear views.
Include copies of any available blueprints, plans or drawings.
(2)
Provide a description of the farm operation (existing and/or
proposed) and a narrative of the intended use and/or location of proposed
buildings, structures, or signs, including any anticipated changes
in the existing topography and natural features of the parcel to accommodate
the changes. Include the name and address of the applicant and any
professional advisors. If the applicant is not the owner of the property,
provide authorization of the owner.
(3)
If any new structures are going to be located adjacent to a
stream or wetland, provide a copy of the floodplain map and wetland
map that corresponds with the boundaries of the property.
(4)
The Planning Board or Town Board shall review the submissions
in order to determine that the following limited standards are met:
(a)
Vehicular site ingress and egress are appropriate in number
and location and provide adequate sight distance and such turning
lanes as are necessary to provide safe vehicular access to the site.
(b)
Adequate parking is provided so as to prevent parking on public
roads. Any parking or loading standard of the Zoning Code may be waived
where the reviewing board believes that adequate alternative facilities
are provided to meet the practical needs of the proposed facility.
(c)
Adequate emergency service access is provided to protect life
and property.
(d)
Adequate site lighting is provided to provide safe access by
the public, but without resulting in excessive glare or impacts to
the night sky.
(e)
Buildings, entrances, walkways, utilities, outdoor assembly
areas and other proposed site features are compliant with the Americans
with Disabilities Act (ADA)[1] and laid out in a manner that does not endanger life or
property or result in significant impacts to the environment or create
unreasonable nuisances to neighboring residences.
[1]
Editor’s Note: See 42 U.S.C. § 12101 et seq.
(5)
No cost for review by professionals shall be charged to the
applicant except in unusual circumstances. Where the Planning Board
or Town Board retains professionals to review the proposed agritourism
use, the fees of such professionals shall be paid by the Town. Other
standard Planning Board and Building Department fees may be charged
to the applicant, and the Planning Board or Town Board may request
review and opinion by the Building Inspector.
(6)
No public hearing shall be required for an expedited site plan
review. However, the reviewing board may conduct a public hearing
at its discretion if it determines that circumstances warrant such
hearing.
(7)
The Planning Board or Town Board shall render its decision upon
an expedited site plan review within 60 days of a determination by
the Building Inspector that a complete application has been submitted
or within 30 days of the closure of any public hearing, whichever
is later. The reviewing board may impose any and all reasonable conditions
upon a site plan approval which it determines to be in the public
interest. Such conditions may include, but not be limited to, the
issuance of a five-year approval conditioned upon the applicant submitting
annual reports demonstrating that its agritourism use is subordinate
to the farming operations on the property and that the agritourism
revenue does not exceed a specific percentage of the farm's overall
gross revenue in accordance with the requirements of the New York
State Department of Agriculture and Markets. If the applicant cannot
make the required showing, the reviewing board shall retain the authority
to suspend or revoke the agritourism use approval.
J.
State environmental quality review (SEQR). Agricultural farm management
practices, including construction, maintenance and repair of farm
buildings and structures, and land use changes consistent with generally
accepted principles of farming are typically Type II actions pursuant
to 6 NYCRR 617.5(c)(4). Farm operations including agritourism uses
and accessory animal processing in accordance with this chapter are
considered components of agriculture and may therefore qualify as
Type II actions pursuant to SEQR when proposed as part of a farm operation.
Notwithstanding the foregoing, the reviewing board is vested with
the discretion to determine that a proposed agritourism use is either
a Type I or unlisted action pursuant to the SEQR regulations which
require environmental review prior to approval.
[Amended 4-18-2022 by L.L. No. 6-2022; 10-6-2022 by L.L. No. 10-2022]
For the purposes of this chapter, the Town of Montgomery is
hereby divided into the following classes of districts:
A.
Residence and agriculture districts.
RA-CE District (Residential Agricultural - Conservation Easement)
RA-5 District (Residential Agriculture - One-Family Residences)
RA-1 District (Residential Agriculture - One- and Two-Family
Residences)
RM-1 District (Multifamily)
R - MHC District (Mobile Home Court)
MHP-AR District (Mobile Home Park - Age-Restricted Floating
District)
RA-1/PAC District (Planned Adult Community)
B.
Business and industrial districts.
B-1 District (Regional Commercial)
B-2 District (Community Commercial)
B-3 District (Tourist Commercial)
I-1 District (General Industry)
I-2 District (Airport Industry)
I-3 District (Tech Industry)
C.
Environmental overlay subdistricts.
FP Floodplain District
A Airport District
(Note: The FP and A Districts are contained within and may overlap
any other districts of this chapter.)
D.
Overlay districts.
Crossroads Commercial Overlay Zone
Water Supply Overlay Zone
Gaming Facility Overlay (GO) Zoning District
E.
Special districts.
Biomass Gasification-to-Energy District
Mining District
The boundaries of each of the districts listed in § 235-5.1 are hereby established as shown upon the duly adopted Zoning Map[1] which accompanies this chapter, and which, with all notations,
references and other matters shown thereon, is hereby declared a part
of this chapter.
A.
The district boundary lines, unless shown otherwise, are intended
generally to follow street center lines, railroad right-of-way lines,
lot lines, boundaries of subdivisions or municipal boundary lines,
all as shown on the Zoning Map. Where a district boundary line does
not follow such a line, but is shown parallel to such a line on the
Zoning Map, the distance between the parallel lines shall be as dimensioned
on the Zoning Map. Such dimensions shall be construed to read from
the outside edge of all rights-of-way rather than from their center
lines.
B.
The district boundary lines, unless shown otherwise, are intended
generally to follow street center lines, stream channel center lines,
railroad right-of-way lines, lot lines, boundaries of subdivisions
or municipal boundary lines, all as shown on the Zoning Map. Where
a district boundary line does not follow such a line, but is shown
parallel to such a line on the Zoning Map, the distance between the
parallel lines shall be as dimensioned on the Zoning Map. Such dimensions
shall be construed to read from the outside edge of all rights-of-way
rather than from their center lines.
[Amended 4-18-2022 by L.L. No. 6-2022]
C.
When the location of a district boundary line cannot be otherwise
determined, the determination thereof shall be made by the Building
Inspector by scaling the distance on the Zoning Map from a line of
known location to such district boundary line.
D.
In the case of uncertainty as to the true location of a district boundary line in a particular instance, an appeal may be taken to the Zoning Board of Appeals as provided in § 235-15.3.
E.
When a district boundary line divides a lot at the effective date
of this chapter or any subsequent amendment thereto, the applicant
may apply to the Zoning Board of Appeals for a variance or variances
to extend a proposed use from one district into the adjacent district
subject to all of the criteria for variances as set forth in this
chapter and/or other applicable law. Nothing herein contained shall
imply that such variance application should or must be granted.
F.
The district boundary descriptions contained in the zoning ordinances adopted prior to 1971 and shown on the Zoning Map that formed a part thereof, both as amended, revised and reenacted from time to time, are hereby superseded in their entirety by the provisions of § 235-5 and by the Zoning Map which forms a part of this chapter.[2]
[2]
Editor's Note: The most recent Zoning Map is on file in the
Town offices.
[1]
Editor's Note: The Zoning Map is on file in the Town offices.
Within any residential agriculture district or any residence district, a building, structure or lot shall only be used for one of the uses indicated in § 235-6.2, Table of Use Regulations, for the specific district in which it is located on the Zoning Map, and in accordance with the particular classification of that use in that district. Further, any such building, structure or lot shall only be utilized in conformance with the provisions of § 235-6.3, Table of Dimensional Regulations. In addition, such use shall also comply with all other applicable provisions of this chapter.
[Amended 4-18-2022 by L.L. No. 6-2022]
See the Table of Use Regulations included at the end of this
chapter.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
See the Table of Dimensional Regulations for Residence and Agricultural
Districts included at the end of this chapter.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
Within the borders of the FP Floodplain and A Airport Zones, all uses shall be permitted as indicated for the districts in which the uses are located as shown in §§ 235-6 and 235-7 except as follows: Whenever a request for a building permit is made for any use within the FP or A District, the application, at the discretion of the Building Inspector, shall include a site survey with accurate USCGS elevations of all construction, and the Building Inspector shall refuse to issue a building permit if he determines there will be a danger of flooding or danger to aircraft. See Town of Montgomery Local Law No. 1 of 1995, entitled "Flood Damage Prevention," or any amendments thereto, for additional requirements for development and/or disturbance within a floodplain.[1]
A.
Antique shops or craft shops in existing historic outbuildings are
subject to the following conditions:
(1)
The structure must be accessory to an existing, primary residential
dwelling, and only one such structure may be utilized hereunder.
(2)
Both structures must have been constructed prior to 1950 in
order to be deemed historic.
(3)
The overall lot size must be at least one acre with at least
150 feet of road frontage.
(4)
A site plan application meeting all of the normal site plan
requirements must be filed with and approved by the Planning Board.
(5)
Not more than one nonresident employee shall be permitted at
any one time.
(6)
Adequate parking spaces shall be provided as follows: one per
500 square feet of floor and work area.
(7)
No such structure may be converted to this use without compliance
with the relevant sections of the New York State Fire Prevention and
Building Code, if otherwise applicable.
(8)
Not more than 2,500 square feet of the ground floor area of
the structure shall be used for this accessory use.
(9)
No outdoor display of any items shall be permitted.
B.
Accessory dwelling use.
(1)
Permitted in the RM-1, RA-1 and RA-.5 Zoning Districts. An existing
single-family dwelling unit may be enlarged or converted or an existing
detached structure may be converted to include one accessory dwelling
use (AU) on a conforming lot in the RM-1, RA-1, and RA-.5 Zoning Districts
provided all the conditions of this section have been met.
[Amended 10-6-2022 by L.L. No. 10-2022]
(a)
Parking. Adequate off-street parking shall be provided as required
under the applicable zoning law and/or subdivision regulations for
the single-family dwelling plus an additional two spaces for the AU.
These additional two parking spaces shall not be placed in any required
yard without adequate screening for any adjoining residences, by use
of fencing and/or evergreen plantings, as determined adequate in the
discretion of the Building Inspector.
(b)
Minimum lot size. No accessory dwelling use (AU) shall be permitted
unless the underlying lot meets the minimum area and dimensional requirements
for that particular zoning district; likewise, accessory dwelling
units shall not be allowed on clustered lots. In no event shall an
AU be considered as an "as-of-right" unit for any future cluster subdivision
proposal.
(c)
Sanitary disposal system. A test shall be performed by an independent
individual or entity, qualified to conduct such tests and submitted
to the Building Inspector, to certify both the adequacy of design
and the effective operation of the system for the total number of
bedrooms existing and proposed or, if a detached unit, for that unit.
In the event that such a test determines that an existing sanitary
system has to be redesigned and/or reconstructed in order to accommodate
the AU or that a second system must be constructed, the sanitary permit
to redesign/reconstruct the sanitary system or construct the new system
shall be obtained from the office of the Town Engineer prior to the
issuance of the building permit. The Engineer for the Town shall require
a design prepared and certified by a licensed professional engineer.
Appropriate conditions may be imposed by the Engineer for the Town
to guarantee that the construction of the repair, replacement, expansion
or new installation of sanitary systems occurs in accord with the
approved plans and that there are provisions to ensure that the property
owner shall be responsible for the ongoing maintenance of such system
or systems.
(d)
Well. A water quality test shall be performed by an independent
individual or entity, qualified to conduct such tests and submitted
to the Building Inspector to determine that the water supply is safe
for domestic use. The well test shall include an analysis for coliform
and residual chlorine. Should coliform be present, a test for fecal
coliform shall be required. In the event that such test determines
that the water supply is not safe for domestic use, any procedures
necessary to make the supply safe shall be completed and a new, independent
test provided prior to the issuance of the building permit.
(e)
Location of accessory dwelling unit. An AU may be constructed
by conversion of a portion of the existing living space in a single-family
dwelling or by construction of an addition to the single-family dwelling
or by conversion of an existing, accessory structure or building located
on a tax lot where a primary, single-family use exists. In no event
shall there be more than one AU on any given tax lot and no AU shall
be allowed in the absence of a separate, primary, single-family use.
If an AU is to be permitted in a detached structure existing as of
the effective date of this chapter (September 2005), such structure
must be located not more than 500 feet from the closest exterior wall
of the primary structure and such detached structure must otherwise
comply with all setback requirements for accessory structures as elsewhere
set forth in the Zoning Law of the Town of Montgomery. If an AU is
to be permitted in a detached structure erected after September 2005,
such structure must be located not more than 200 feet from the closest
exterior wall of the primary structure and must also meet all other
applicable setback requirements.
(f)
Unit size, bedroom(s). The AU shall be limited to no more than
one bedroom. An efficiency unit with a clearly defined sleeping area
but not a fully enclosed bedroom, also, shall be considered as an
AU in lieu of providing an enclosed bedroom. The minimum size of an
AU shall be 400 square feet of heated living space or such greater
area as may be required by applicable federal, state and local laws,
codes, rules and regulations. The maximum size of any AU shall be
the lesser of 750 square feet of heated living space or 33.33% of
the heated living space of the primary residence.
(g)
Kitchen. The AU shall have a suitably sized kitchen area, in
relation to the overall size of the AU, which shall consist of at
least a sink, cooktop, microwave and refrigerator, appropriately sized
as in a comparable residential apartment unit.
(h)
Bathroom. The AU shall have a full enclosed bathroom consisting
of at least a toilet, sink and shower, approximately sized as in a
comparable residential apartment unit.
(i)
Exterior access. Separate direct access to the exterior shall
be provided from the AU. Access between the primary unit and the AU
is permissible, provided any doors providing such access must be lockable
from both sides.
(j)
Ownership. An AU only shall be allowed in an owner-occupied
single-family dwelling or in a detached structure on the same lot
where the owner occupies one of the units as his or her primary residence.
The owner/occupant must hold record title to at least 50% of the property
on which the dwellings are located. No nonindividuals, such as partnerships,
corporations, trusts, limited-liability companies or other entities,
shall be eligible to receive an AU permit. The owner/occupant must
occupy either the (larger) primary space or the AU. In the event the
primary living space or the AU is no longer occupied by an individual
owner/occupant, the AU shall expire and the use shall be removed six
months after such cessation of occupancy, unless for good cause an
extension of said time is granted, in writing, by the Building Department.
Provided all relevant provisions of the AU building permit and certificate
of occupancy are being complied with, the AU shall be deemed to run
with the land and the rights thereunder shall pass to any successor
in title who resides at the premises as his or her primary residence.
(2)
Application procedure. Any applicant for an AU must submit a
building permit application to the Building Inspector with a checklist
attachment establishing compliance with all of the requirements for
an AU. The applicant must be the owner-applicant who occupies the
premises as his or her primary residence. No AU shall be occupied
in the absence of a certificate of occupancy from the Building Inspector.
(3)
Application and inspection fees shall include the standard building
permit fee and any other reasonable fee as set forth, from time to
time, on the Town of Montgomery Fee Schedule.[1]
[1]
Editor's Note: The Fee Schedule is included as an attachment to this chapter.
(4)
Inspections; verification. At the time of permit issuance and
at any reasonable time thereafter, the Building Department may require
various forms of proof that either the primary unit or the AU is occupied
by the owner of the property as his or her principal residence. Such
forms of proof include, but are not limited to, an affidavit by the
owner, copies of utility bills, tax bills and proof that the owner
does not have his or her mail forwarded to a different address.
(5)
New residential subdivisions. In support of the affordable housing
policies of the Town, the Planning Board is encouraged to make applicants
for residential subdivisions aware of AU options and requirements
to help ensure adequacy of parking, well and septic and other site
requirements to facilitate the later conversion of existing structures
to accessory dwelling units after subdivision approval.
(6)
Planning Board review of accessory dwelling units. Upon receipt
of a complete application for a building permit for an accessory dwelling
unit meeting all of the requirements of this chapter, the Building
Department shall refer the application to the Town of Montgomery Planning
Board, and the applicant shall provide the Planning Board with envelopes
containing postage and the addresses of all owners of property contiguous
with the subject property as per the latest completed assessment roll
of the Town. The Planning Board shall convene an informal, informational
meeting and shall in good faith attempt to provide written notice
of such meeting to the applicant and to all contiguous landowners
at least seven days prior to such meeting. Upon the conclusion of
such meeting or within a reasonable time thereafter, the Planning
Board shall issue a written report to the Building Inspector with
the comments and recommendations of the Planning Board. The Planning
Board shall issue its written report to the Building Department not
more than 45 days from the date of its receipt of the completed application
from the Building Department. The Building Inspector shall include
all such recommendations as conditions of the building permit for
an AU unless the Building Inspector certifies, in writing, to the
Planning Board at least five business days prior to the issuance of
the permit the reasons for not incorporating in the building permit
any such recommendations. Failure of the Planning Board to issue such
a report within such forty-five-day period shall allow the Building
Department to rule on the permit application without regard to the
recommendations of the Planning Board.
(7)
New York State Uniform Fire Prevention and Building Code and Housing and Urban Development (HUD) regulations control. Nothing in this Subsection B is intended to supersede any of the provisions of the New York State Uniform Fire Prevention and Building Code or HUD regulations, as amended. If any of the provisions of this section are found to be in conflict with the New York State Uniform Fire Prevention and Building Code or the HUD regulations, such New York State Uniform Fire Prevention and Building Code or HUD regulations, as amended, shall control in all cases. In no case shall habitable living space be approved or occupied under this section without compliance with all applicable federal, state and local laws, codes, rules and regulations.
[Added 3-16-2022 by L.L. No. 5-2022]
A.
Statement of intent and objectives.
(1)
It is the intent of this Affordable, Supportive and Veterans
Supportive (ASVS) Floating Zone to provide a more flexible zoning
framework to incentivize the construction of inclusionary housing
for populations that cannot afford area market-rate housing or that
require supportive services or specialized facilities without which
they would not be able to maintain an independent lifestyle with health,
security and dignity. In the place of prescribed standards for uses,
lot sizes, yards and setbacks, this district favors a more process-based
approach, wherein an applicant will develop a master development plan
designed to meet several identified planning purposes and criteria,
as a basis for more flexible use, bulk and design standards. The ASVS
District is a floating zone that may be affixed to parcels by the
Town Board as provided below.
(2)
This district is intended to partially implement recommendation
2.1.8 of the Montgomery Comprehensive Plan entitled "Vision 20/20"
that recommends as follows:
|
Senior, Workforce, Special Needs and Veteran Housing Floating
Zone. The Town should consider amending the zoning code to allow a
senior, workforce (an income classification often keyed to entry-level
public service employment wages), special needs and veterans housing
floating zone district to provide flexibility and encourage additional
housing options for these populations. This floating zone would require
certain conditions that must be met before the district can be approved
or "landed" on a certain piece of land. The intent of this floating
zone is to provide special opportunities, as well as a flexible and
workable concept of community living, including but not limited to
a range of optional nutritional, recreational, housekeeping and health
related services, as well as assistance with daily living activities
designed to maintain a level of independent living. Generally, this
type of housing should be within walking distance to retail and service
commercial areas - preferably Villages, and infrastructure to support
wastewater disposal and potable drinking water must be present or
proposed.
|
B.
Application contents.
(1)
Petition for the ASVS overlay to be applied to a parcel or parcels
shall be made to the Town Board along with a master development plan
illustrating the general layout.
(2)
Master development plan (MDP) required. In order to allow the
Town Board and the petitioner to reach an understanding on the basic
use mix, density and layout, prior to designation of the ASVS, a master
development plan shall be submitted that meets the following criteria:
(a)
The MDP shall be prepared by an architect, engineer or land
surveyor licensed in the State of New York.
(b)
The MDP shall be drawn to an engineering scale and contain the
date of last revision, north arrow and graphic scale.
(c)
The MDP shall contain the stamp or seal and be signed by the
professional preparing the map.
(d)
The interior road system of all existing and proposed rights-of-way
and easements shall be provided and indicated as to whether public
or private ownership is proposed.
(e)
Use areas shall be designated with conceptual footprints indicating
the number of dwelling units and bedrooms by each housing type and
indicating the floor area of nonresidential, general community facilities
and accessory structures.
(f)
If open spaces or conservation easements are proposed, such
shall be outlined on the MDP and a narrative provided indicating how
open spaces are to be preserved in perpetuity, owned and maintained.
(g)
Proposed bulk requirements applicable to designated use areas
of the site, including building heights, building setbacks from proposed
site roadways or external existing Town roadways, coverage restrictions,
FAR restrictions, separation between buildings, and any other bulk
constraints necessary to ensure site plans for component use areas
are consistent with the plan portrayed in the MDP.
(h)
Conceptual elevations of proposed buildings in each use area,
and identification of general architectural or site design features.
(i)
The proposed water, storm and sanitary sewer systems shall be
shown, and how they are proposed to be connected to the system of
adjoining areas shall be indicated.
(j)
Environmental characteristics of the project site shall be shown,
including topography, areas of slope in excess of 25%, flood zones,
rock outcrops, water bodies, jurisdictional wetlands and all proposed
alterations of said environmental characteristics.
(k)
Estimates of peak-hour traffic generation derived from the proposed
development and its relation to surrounding development and its relation
to surrounding roads and intersections, including design elements
to mitigate traffic impacts, shall be provided in an accompanying
narrative.
(l)
If the development is to be phased, a clear indication of the
phasing process shall be provided. The MDP shall show each phase of
development with the dates of anticipated commencement and completion
of the same.
(3)
State environmental quality review. The authorization of ASVS
zoning to any parcel shall be subject to SEQR pursuant to 6 NYCRR
617.
C.
Criteria for authorization of ASVS Floating Zone. Authorization of
the ASVS Floating Zone is subject to the same discretion as any Zoning
Map amendment. Compliance with indicated criteria in no way compels
the Town Board to designate the site for ASVS Floating Zone. The Town
Board shall consider the following criteria among other relevant considerations
in determining whether or not to authorize the "landing" or designation
of the ASVS Floating Zone to a particular parcel or group of parcels
in connection with a proposed petition and MDP.
(1)
The proposal is conceptually sound in that it meets a demonstrated
community or market need and it conforms to sustainable design principles
in the layout of the proposed roadway system, in the land use configuration,
open space and drainage system and in the scale of the elements, both
absolute and as they relate to one another.
(2)
The proposed project area is appropriately located and generally
within reasonable walking distance to a commercial center of the Town
providing a range of retail and personal services to future residents
of the proposed development.
(3)
The site must be served by a central water and sewer system
approved by the Town Board.
(4)
Permitted residential density. The maximum residential density
of dwelling units within the proposed MDP shall be equal to the gross
lot area (without reduction of environmentally constrained lands)
multiplied by 24 units per acre.
(5)
Proposed units must be funded and/or income-restricted under
the supervision of a department of New York State, Orange County,
or the Town of Montgomery for the purposes of providing dwellings
with or without supportive services to households whose householder
meets qualifying criteria on a continuing basis by way of age, veteran
status, or disability.
(6)
An average of no more than 1.75 bedrooms per unit are provided
across the entire MDP, no more than 20% of units have three bedrooms
and no unit has more than three bedrooms as a means of limiting impacts
on school resources and providing a diversity of housing, not currently
served by the Town's existing housing supply. This standard may
be exceeded where occupancy by persons under the age of 18 is restricted.
(7)
There are adequate public facilities, services, utilities and
road access available to support the development or adequate facilities
are proposed to be made available.
(8)
Permitted principal uses. The following uses may be authorized
as parts of an MDP for development of an ASVS District:
(a)
One-family detached dwelling units on individual lots of not
more than 10,000 square feet.
(b)
One-family attached dwelling units.
(c)
One-family semi-attached dwelling units.
(d)
Multiple dwellings (apartments, flats).
(e)
Assisted living facilities.
(f)
Nursing homes.
(g)
Open space preserves and parkland.
(h)
Sit-down restaurants, personal service establishments, health
care clinics, pharmacies and/or retail uses intended primarily to
service the principal use(s) of the ASVS and restricted to no more
than 25% of the gross floor area.
(i)
Agricultural use including use of areas designated as open space.
(9)
Permitted accessory uses. The following uses may be authorized
accessory to a principal permitted use proposed as part of an MDP
for development of an ASVS District:
(a)
Accessory uses as permitted elsewhere in this chapter for principal
uses allowed in the ASVS, except that accessory apartments shall not
be permitted for any unit within an ASVS. All apartments are expected
to be counted as part of the density calculation of the ASVS.
(b)
Other accessory uses related to the planned development and
subordinate to the principal use, including storage and maintenance
buildings, management offices, clubhouses, recreational uses and facilities,
project rental/sales centers, security facilities, and utility structures
serving the proposed development.
(c)
Common dining, laundry, personal service and housekeeping facilities,
principally for the use of residents and which services are included
as part of the monthly rent or HOA fee.
(10)
Design standards. The following design standards are suggested
minimum and maximum standards, which may be modified by the Town Board
based on the particular project site conditions, proposed project
attributes, and surrounding uses. Additionally, the Town Board may
impose any additional yard, setback, height, coverage, FAR, parking,
lot area, or other dimensional or area requirement as it deems necessary
to ensure the health, safety and general welfare of the community
and neighborhood and in order to serve the intent and purposes of
this section.
(a)
Maximum coverage of all impervious surfaces: 80%.
(b)
Minimum distance between principal buildings: not less than
the average height of each building.
(c)
Minimum setback between principal building and existing public
street: 25 feet.
(d)
Minimum yards: 20 feet from all lot lines.
(e)
Maximum height: 40 feet.
(f)
Off-street parking and loading. Off-street parking and loading shall be provided in accordance with the ratios established in § 235-12, except that where permanent occupancy is restricted to persons over the age of 18, the parking requirement shall be one space per studio, efficiency or one-bedroom dwelling unit, 1.5 spaces per two-bedroom dwelling unit, and two spaces per dwelling unit with three or more bedrooms.
(g)
The right-of-way and pavement widths for internal roads and
driveways shall be determined from sound planning and engineering
standards to be adequate and sufficient in size, location and design
to accommodate the maximum traffic, parking and loading needs and
the access of firefighting equipment and police or emergency vehicles.
D.
Town Board procedure.
(1)
Referral to Planning Board. After the Town Board has determined that the application is for a viable project that it wishes to consider for ASVS Floating Zone, it shall refer the application to the Planning Board. Such referral shall include the proposed petition and master development plan. In the case of such referral, the Planning Board shall submit its report on the proposed petition to the Town Board within 45 days of receipt of a referred petition. The Planning Board shall review the petition and master development plan against the criteria in Subsection C in recommending whether to authorize the ASVS Floating Zone. The Planning Board shall also review the layout of the master development plan as well as the scale and intensity of proposed development. The Planning Board shall recommend whether the MDP should be approved, approved with modifications or denied and is encouraged to provide recommendations for how the MDP could be improved in order to incorporate best practices of sustainable land development.
(2)
Referral to Orange County Planning. The Town Board shall refer
the petition to the Orange County Planning Department for comment
pursuant to the applicable provisions of General Municipal Law § 239
and receive their report prior to making a decision to land the ASVS
Floating Zone District.
(3)
Public hearing required. Prior to designating or landing the
ASVS Floating Zone District, the Town Board shall hold a public hearing
for the purposes of soliciting public comment. This public hearing
shall be held concurrently with any public hearing required under
6 NYCRR 617. The public hearing shall be advertised and notice in
accordance with the Town Board's policies and procedures.
(4)
Decision. The Town Board shall disapprove, approve or approve subject to conditions the petition in accordance with the provisions of NY Town Law § 265, § 235-16.11 (Amendments) of this chapter, in the form of a local law. When deciding whether to disapprove, approve, or approve with conditions a petition for ASVS, the Town Board will consider:
(a)
The consistency of the proposed petition and MDP with the intent
of the ASVS Floating Zone.
(b)
The consistency with the goals and objectives of the Comprehensive Plan as listed in Subsection A.
(d)
The report of the Planning Board, including any recommended
modifications.
(e)
The report and recommendation of the Orange County Planning
Department.
(f)
The input of any interested or involved agencies as defined
by 6 NYCRR 617.
(g)
The suitability of the MDP to meet the purposes of this chapter
as well as its incorporation of best practices for sustainable land
development.
(5)
The Town Board, in its discretion, may impose reasonable conditions
to an approved ASVS designation as necessary to assure conformance
of the project with the intent, objectives and requirements of these
regulations.
(6)
The approved ASVS shall be designated on the Official Zoning
Map of the Town of Montgomery, New York, and reference to the local
law authorizing the designation shall be included on the map.
(7)
Standard conditions regarding ASVS authorization. Unless otherwise
overridden by the Town Board, authorization for ASVS shall be conditioned
upon the following:
(a)
Securing of site plan approval in accordance with § 235-16.5 of the Zoning Code of the Town of Montgomery prior to issuance of a building permit in connection with the construction of any element of an approved MDP.
(b)
If a valid and complete application for site plan approval is
not presented to the Planning Board for approval within 12 months
of the date of ASVS authorization or if no development is initiated
on the site within 24 months of the date of approval of a site plan
by the Planning Board, the zoning of said parcel shall revert back
to the zoning of said parcel prior to its change to an ASVS District.
The Town Board may, upon application, extend either term for up to
four six-month periods where it finds that the development was delayed
for cause reasonably beyond the control of the applicant.
(8)
Upon designation, the MDP and attendant narratives, design requirements,
indicated bulk standards and other conditions of approval shall override
any competing provisions of the Zoning Local Law.
E.
Site plan approval required. Site plan approval by the Planning Board shall be required prior to issuance of a building permit for construction of a structure or use authorized as part of the MDP. The Planning Board will utilize the MDP and any bulk standards or other conditions imposed by the Town Board as the authorized uses and bulk requirements relative to site plan approval. All other provisions of the Zoning Local Law, including § 235-16.5, shall apply except to the extent that they are not consistent with the approved MDP and resolution of ASVS approval.
Within any business or industrial zoning district, a building, structure or lot shall only be used for the uses indicated in § 235-7.2, Table of Use Regulations, for the specific district in which it is located on the Zoning Map, and in accordance with the particular classification of that use in that district. Further, any such building, structure or lot shall only be utilized in conformance with the provisions of § 235-7.3, Table of Dimensional Regulations. In addition, such use shall also comply with all other applicable provisions of this chapter. Additional primary and accessory uses shall be allowed on the same lot provided that all other zoning use and special area requirements for each use, except side yards, have been met and provided, further, that the applicant shall obtain a special permit use permit (SPU) and site plan approval, regardless of whether the individual uses would otherwise be permitted uses not ordinarily requiring a SPU permit, if more than one use is proposed on a lot. Where multiple primary and accessory uses are to occur on one lot as above, the Planning Board must find that the uses are not incompatible with each other.
[Amended 4-18-2022 by L.L. No. 6-2022]
See the Table of Use Regulations included at the end of this
chapter.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
See the Table of Dimensional Regulations for Business and Industrial
Districts included at the end of this chapter.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
See the Table of Bulk Requirements for Composting, Recycling,
Handling, and Recovery Facilities included at the end of this chapter
and incorporated herein by reference.[1] The bulk requirements applicable to composting, recycling,
handling and recovery facilities shall apply to biomass gasification-to-energy
facilities, except as provided therein.
[1]
Editor's Note: Said table is included as an attachment to this chapter.
Within the borders of the FP Floodplain and A Airport Zones, all uses shall be permitted as indicated for the districts in which the uses are located as shown in §§ 235-6 and 235-7, except as follows: Whenever a request for a building permit is made for any use within the FP or A District, the application, at the discretion of the Building Inspector, shall include a site survey with accurate USCGS elevations of all construction and the Building Inspector shall refuse to issue a building permit if he determines there will be a danger of flooding or danger to aircraft. See Chapter 116, Flood Damage Prevention, of the Code of the Town of Montgomery, or any amendments thereto, for additional requirements for development and/or disturbance within a floodplain.
[1]
Editor's Note: Former § 235-7.6, Special regulations
applicable to OP District, was repealed 10-6-2022 by L.L. No. 10-2022.
[1]
Editor's Note: Former § 235-7.7, Special permit
uses authorized by Town Board, was repealed 4-18-2022 by L.L. No. 6-2022.
Private commercial roads maintained by a development corporation
or private owners based on a filed maintenance agreement and easement
of use and an agreed-upon road standard for commercial and industrial
projects may be authorized by the Town Board, in its sole discretion.
The advisory recommendation by the Planning Board and/or Highway Superintendent
shall be considered for commercial or industrial roads within commercial
and industrial projects. Private roads are allowed provided they are
located within fifty-foot-wide or greater rights-of-way and further
provided that they are constructed to Town Road specifications in
terms of cross sections. Road widths, curbing, sidewalks and drainage
shall be determined by the Town Engineer and Planning Board. All lots
requiring access to a public road shall be allowed with access to
a private road authorized by the Town Board under this section.
Any lot or parcel approved for the development of a commercial or industrial site plan where the overall parcel is under legal unified access and maintenance agreements may be resubdivided for the purposes of separate ownership and/or financing with zero side and rear yards and lot lines, provided a building has been approved or constructed on said site and provided the new lot meets minimum lot area requirements for the use. Frontage and access may be to a private interior road for such lots as approved by the Town Board under § 235-7.8. Said subdivision may be approved if the Planning Board is satisfied that the appropriate legal conditions and restrictions have been or can be established for said property. The approval of such subdivision shall be within the sole discretion of the Planning Board and shall not be considered an "as-of-right" subdivision.
A.
Permitted uses. No person shall do, conduct, perform, or engage in any mining, or operate a mine, within the Town on or after the effective date of the addition of § 235-7.10 to this chapter except within a Mining District as hereinafter defined and except in compliance with the provisions of § 235-7.10 of this chapter. Mining shall be permitted in a Mining District within the Town as hereinafter provided in this section. However, this restriction shall not apply to mining operations that are conducted in support of a viable and valid farm operation. Any such minerals extracted in support of a viable and valid farm operation must be used on the farm parcel in aid of the agricultural activity unless it can be shown that such on-site use creates a hardship for the farm operation.
B.
Designation of Mining Districts. Mining shall be allowed in districts designated by the Town Board of the Town of Montgomery (hereinafter referred to as "Town Board") as provided in Subsection C of this section. It is the intention of this section to allow the creation of a Mining District at any location deemed appropriate by the Town Board; provided, however, that the Town Board shall consider the general zoning classification in which a proposed Mining District is located, along with other factors specified in Subsection D of this section, in determining whether to create a Mining District.
C.
Procedure for designation of Mining Districts.
(1)
Districts coincident with existing mined zoning plans. The Town
of Montgomery Building Department (hereinafter referred to as "Building
Department") shall, within 30 days following the effective date of
this section, identify those areas of land currently being mined or
currently approved to be mined pursuant to a site plan approval granted
by the Town Planning Board, the DEC, or both. The Building Department
shall report its findings, in writing, to the Town Board. The Town
Board shall after review and consideration of the information presented
in the Building Department report, and after public notice and hearing,
determine if the Town of Montgomery Zoning Map shall be amended to
identify such Mining Districts. Once designated in the Zoning Map,
such areas of land shall constitute Mining Districts for the purposes
of this section.
(2)
Creation of new districts. All new Mining Districts shall be
created by the Town Board in accordance with the following procedure:
(a)
Except as provided for in Subsection C(1), any person wishing to petition the Town for the creation of a Mining District shall submit to the Town Clerk an original and 11 copies of the application submitted by such person to the DEC for a mining permit for the mine in the proposed Mining District, or a signed application on a form prescribed by the Town Board which shall contain at least the following information and documents:
[1]
The name, address and telephone number of the applicant,
together with the name of the person to contact for further information,
if the applicant is not an individual.
[2]
A map, prepared by a licensed engineer or surveyor,
showing the boundaries of the proposed Mining District, as well as
a key map showing its approximate location in the Town of Montgomery.
The scale of the map shall be no less than one inch equals 100 feet,
unless the Town Board, by resolution, allows a smaller scale.
[3]
A description of the proposed mining operation,
including the type of material to be mined, equipment to be used,
approximate tonnage for each year of the next five-year period, and
the anticipated useful life of the mine. For the purposes of the preceding
two subsections, a mining plan prepared pursuant to Title 27, Article
23, of the New York State Environmental Conservation Law and regulations
promulgated thereunder shall be sufficient, provided that the Town
Board is satisfied that all relevant requirements thereof have been
met; provided, further, that the applicant shall meet all applicable
requirements of this section in submitting said mining plan.
[4]
A reclamation plan, including both a graphic and
a narrative description of the proposed zoning objective to be achieved
in the final stage of reclamation, the proposed method of reclaiming
the affected land, providing, where possible, for orderly, continuing
reclamation concurrent with mining and a schedule for reclaiming the
affected land. The reclamation plan shall contain at least the information
required by Title 27, Article 23, of the New York Environmental Conservation
Law and any regulations promulgated thereunder, and such plan shall
be sufficient, provided that the Town Board is satisfied that all
relevant requirements thereof have been met; provided, further, that
the applicant shall meet all applicable requirements of this section
in submitting said reclamation plan.
[5]
A full environmental assessment form, prepared
by a licensed professional engineer or other licensed professional,
to assist the Town Board in its determination of environmental significance
of the proposed creation of the Mining District under the New York
State Environmental Quality Review Act.
[6]
A fee in the amount to be determined by the Town
Board which will reimburse the Town for the expenses paid by the Town
to the Town Engineer and other designated Town consultants for reviewing
the application.
(b)
The Town Clerk shall forthwith file the original of the application
and forward the copies as follows: two to the Town Supervisor, who
shall in turn forward one copy to an engineer retained by the Town
Board for review and recommendations; one to each remaining Town Board
member; one to the Town Attorney or his designee; three to the Chairman
of the Town Planning Board; and one to the Orange County Department
of Planning and Economic Development, with a request for a report
and recommendation when required by General Municipal Law § 239-m.
(c)
The Town Board shall consider the application at its first regular
meeting occurring at least 10 days following the filing of a complete
application with the Town Clerk or at such other time and date as
the Town Board shall determine. The Town Board shall discuss the application
with the applicant and shall request any additional information it
needs to consider the application. The Town Board may schedule a workshop
to discuss the application with the applicant and the Town Planning
Board. The Town Board shall also schedule a public hearing to be held
at its next regular meeting after receipt of the recommendation (if
any) from the Town Planning Board or at any other time and date it
shall determine. Notice of the public hearing shall be published in
the official newspaper of the Town and posted on the official bulletin
board of the Town Clerk at least 10 days prior thereto. The Town Board
shall also take whatever steps are necessary to comply with the New
York State Environmental Quality Review Act, and the public hearing
on the application may be combined with a public hearing on any draft
environmental impact statement which the Town Board may require.
(d)
At least seven days prior to the public hearing, the applicant
shall send notice thereof by certified mail, return receipt requested,
to the owners of record of all properties within 500 feet of the proposed
boundaries of the district, or such other distance as the Town Board
may deem advisable. Prior to the public hearing, the applicant shall
submit to the Town Clerk an affidavit sworn and subscribed before
a notary public containing the following information: the names and
addresses of all such property owners; a statement verifying that
all such property owners' names and addresses are contained on
the list; and a statement that all such property owners were properly
served. The applicant shall simultaneously also submit the certified
mail return receipts for all property owners served along with the
affidavit.
(e)
The cost of preparing, publishing and mailing the required notices
shall be borne by the applicant. The Town Board shall cancel the public
hearing if the applicant fails to submit all of the required information.
(f)
The Town Board shall conduct the public hearing, affording all
interested persons an opportunity to speak. At the conclusion of the
public hearing, the Town Board shall direct the applicant to submit
any additional information it determines is necessary to a determination
of the application, if any. The Town Board shall formally act on said
application no later than 62 days after the close of the public hearing.
(g)
Prior to acting upon said application, the Town Board shall
obtain a written recommendation from the Town Planning Board as to
whether the Mining District shall be created. The Town Planning Board
shall furnish such recommendation within 45 days after a request therefor
from the Town Board. If the Planning Board fails to provide such recommendation
within the forty-five-day period, then the Town Board shall be free
to proceed with the application. Any recommendation offered by the
Planning Board shall be advisory only and shall not be construed to
be binding upon the Town Board.
(h)
In the event of a determination by the Town Board creating a
new Mining District, the Town Board shall cause the Town of Montgomery
Zoning Map to be amended accordingly and shall forward copies of the
petition to the Town Planning Board.
D.
Standards for the creation of Mining Districts. In considering an
application for the creation of a Mining District, the Town Board
shall consider all relevant factors, including the following:
(1)
The consistency of the proposed Mining District with the Town
of Montgomery Comprehensive Plan and the Zoning Local Law.
(2)
The character of the neighborhood in which the proposed Mining
District would be located.
(3)
The general zoning classification of the area in which the proposed
Mining District would be located.
(4)
The proximity of the proposed Mining District to other Mining
Districts or mining operations.
(5)
The proximity of the proposed Mining District to other parcels
of land which, in the future, might be the subject of a petition for
the creation of a Mining District.
(6)
Impact of the mine operation on the immediate area and any haulageways.
(7)
Any other factors the Town Board considers relevant.
E.
Term, existence and termination of Mining District. Every Mining
District once created shall remain in existence for a period of one
year from the date of its creation and approval or during the period
of a New York State Department of Environmental Conservation mining
permit or renewal period of the mining permit or until the abandonment
of mining activities therein (either upon the termination of the mining
permit term without renewal or otherwise), whichever is later. Upon
the permanent termination of mining operations therein, the owner
of the premises or the person responsible for the mining operations
conducted therein shall commence reclamation of the premises in accordance
with the reclamation plan. If the responsible person has not commenced
reclamation within 60 days following the permanent termination of
mining activities or fails to complete reclamation in accordance with
the reclamation plan, the Town may take whatever steps are necessary
to accomplish or complete said reclamation, including resort to litigation
and resort to the undertaking provided by the mining operator upon
the granting of the mining permit. The mining operator shall advise
the Town Planning Board, in writing, upon the commencement and completion
of reclamation.
F.
Issuance of Town Board mining special permits.
(1)
The Town Board shall be authorized to issue Town Board mining
special use permits. No person shall do, conduct, perform, or engage
in mining, or operate a mine within the Town, except within a Mining
District and except pursuant to a Town Board mining special use permit
issued by the Town Board in accordance with the procedures set forth
in this subsection; provided, however, that it shall be permissible
to remove minerals from any parcel of land on a casual basis for noncommercial
use without establishing a Mining District or obtaining a Town Board
mining special use permit therefor, but in no event shall more than
1,000 tons or 750 cubic yards, whichever is less, of minerals be removed
from any parcel of land during any twelve-month period. Any mine site
for which the New York State Department of Environmental Conservation
has issued a valid mining permit prior to the effective date of this
section and for which the Town Planning Board has approved the site
plan prior to the effective date of this section may continue to be
operated (subject to the terms and conditions of said mining permit
and site plan approval) without the issuance of a Town Board mining
special use permit hereunder, as long as said mine site is not expanded
or enlarged beyond the area, size or scope set forth in said mining
permit and site plan approval; any expansion or enlargement of said
mine site beyond the area, size or scope set forth in said mining
permit and site plan approval shall require the operator thereof to
apply for, and obtain, a Town Board mining special use permit pursuant
to this section of the Zoning Local Law.
(2)
Applicants for a Town Board mining special use permit shall submit to the Town Board 11 copies of the application submitted by such person to the DEC for a mining permit for the mine in the Mining District or a signed Town application therefor. If the Town application is submitted, such Town application shall contain the same information as that required for the creation of a Mining District under Subsection C(2) of this section. In the case of the initial creation of a Mining District, the permit application may be combined with the petition for the creation of the Mining District when submitted to the Town Board. The Town Board shall require the applicant to pay a fee in the amount which will reimburse the Town for the expenses paid by the Town to the Town Engineer and designated Town consultants for reviewing the application; provided, however, that when an applicant applies for a Town Board mining special use permit concurrently with an application for the creation of a Mining District, the fee paid pursuant to the application shall be sufficient.
(3)
The Town Board shall consider the application for a Town Board
mining special use permit at its next regular meeting following 10
days after receipt of a complete application.
(4)
When the applicant has submitted a complete application, the
Town Board may grant and approve a Town Board mining special use permit
for a mine which meets the following criteria:
(a)
The applicable provisions prescribed for the Town Board mining
special use permit have been met.
(b)
The mining conforms with all applicable regulations governing
the Mining District where it is to be located.
(c)
The proposed use will be in harmony with the Town of Montgomery
Zoning Local Law and will not adversely affect the neighborhood if
the requirements imposed by the Town of Montgomery Zoning Local Law
are met.
G.
Conditions.
(1)
In the case of a Town Board mining special use permit, conditions
placed on such a Town Board mining special use permit by the Town
Board shall be limited to the following:
(a)
Ingress and egress to public thoroughfares controlled by the
Town;
(b)
Routing of mineral transport vehicles on roads controlled by
the Town;
(c)
Requirements and conditions as specified in the permit issued
by the Department of Environmental Conservation under Article 23 of
the Environmental Conservation Law concerning setback from property
boundaries and public thoroughfare rights-of-way, natural or man-made
barriers to restrict access, if required, dust control and hours of
operation, when such requirements and conditions are established pursuant
to Subdivision 3 of § 23-2711 of the Environmental Conservation
Law;
(d)
Enforcement of reclamation requirements contained in mined land
reclamation permits issued by the New York State Department of Environmental
Conservation.
(2)
Notwithstanding the foregoing, to the extent authorized by law,
if the Town Board is the lead agency for purposes of the environmental
review of the application for the Town Board mining special use permit,
the Town Board may impose reasonable conditions and restrictions related
to the potential negative environmental impact of the mining operation
as are directly related to and incidental to the proposed Town Board
mining special use permit. If the Town Board is not or has not been
the lead agency for purposes of the environmental review of the application
for the Town Board mining special use permit or DEC mining permit,
the Town Board may request that the lead agency impose some or all
of the above-described conditions and restrictions.
H.
Term of the Town Board mining special use permit. The term of the
Town Board mining special use permit shall be coincident with the
term of any mining permit or renewal thereof issued to the applicant
by the New York State Department of Environmental Conservation. Otherwise,
the term shall be four years.
I.
Bond. Each Town Board mining special use permit shall include a requirement
that the applicant submit a bond (if DEC does not require one), which
such surety and in such amounts as the Town Board shall prescribe,
in favor of said Town Board, conditioned upon the satisfactory reclamation
of the mining site upon the completion of mining operations thereon.
J.
Renewals. The applicant shall, upon the expiration of each Town Board
mining special use permit period, obtain a renewal for a like term
by filing an application therefor with the Town Board on a form prescribed
by the Town Board, or by filing a copy of the DEC renewal form for
the subject mine (if there is such a DEC renewal form). In entertaining
said renewal application, the Town Board shall consider, to the extent
appropriate and applicable, the same factors considered by the Town
Board for an initial application, together with the performance of
the renewal applicant under previous permits. The Town Board shall
require the applicant to pay a fee in the amount which will reimburse
the Town for the expenses paid by the Town to the Town Engineer and
designated consultants for reviewing the renewal application.
K.
Inspections and reports.
(1)
The Town Board or the Town Building and Code Inspector, or any
engineer engaged pursuant to this subsection, shall conduct such periodic
inspections, on reasonable notice to the mine operator, as they shall
deem necessary to ensure compliance with the terms of the Town Board
mining special use permit and this section.
(2)
The Town Board may use the Town Building and Code Inspector
to inspect each mining operation to determine on a systematic basis
its compliance with the Town Board mining special use permit and the
provisions of this section and to report such determination to the
Town Board. The Town Board may devise a schedule for the orderly and
systematic inspection of each mining operation.
(3)
At least 30 days prior to the anniversary of the granting of
a Town Board mining special use permit, each mining operator shall
submit 10 copies of a report, certified by the applicant, showing
graphically and by narrative the extent of the operations carried
on over the previous year, including any variance from the mining
plan. If the Town Planning Board finds the report or the applicant's
compliance with the Town Board mining special use permit to be defective
or deficient in any way, it may consider its expenses of discovering
or remedying any such defect in establishing the fee upon the next
occurring renewal of the Town Board mining special use permit.
L.
Violations.
(1)
The Town Building and Code Inspector shall report, in writing,
any violations of the Town Board mining special use permit, any violation
of this section of the Zoning Local Law, or any apparent violations
of applicable United States, New York State or local statutes, local
laws, codes, rules or regulations to the Town Board and to the Town
Attorney, who shall take whatever steps are available under the Zoning
Local Law or any other law to remedy such violations.
(2)
For a violation of a section of the Zoning Local Law or a violation of any provision, term or condition of a Town Board mining special use permit issued pursuant to this section hereof, the provisions of § 235-16 of this chapter shall be applicable. Nothing herein shall prevent the Town from pursuing and enforcing remedies and sanctions pursuant to this section of the Zoning Local Law.
This district shall be located as a floating zoning district
applicable to parcels which satisfy certain criteria for designation
as set forth below pursuant to the review and approval procedures
provided for herein.
A.
Designation of Mobile Home Park - Age Restricted District (MHP-AR). Age-restricted mobile home parks shall be allowed in districts designated by the Town Board of the Town of Montgomery (hereinafter referred to as "Town Board") as provided in Subsection B of this section. It is the intention of this section to allow the creation of a Mobile Home Park - Age Restricted District at any location deemed appropriate by the Town Board; provided, however, that the Town Board shall consider the general zoning classification in which a proposed district is located, along with the other factors specified in Subsection C of this section, in determining whether to create a Mobile Home Park - Age Restricted Floating District.
B.
Procedure for Designation of Mobile Home Park - Age Restricted Floating
District. A Mobile Home Park - Age Restricted District shall be created
by the Town Board in accordance with the following procedure:
(1)
Any person wishing to petition the Town for the creation of
a Mobile Home Park - Age Restricted Floating District shall submit
to the Town Clerk an original and 11 copies of a signed application
on a form prescribed by the Town Board which shall contain at least
the following information and documents:
(a)
The name, address and telephone number of the applicant, together
with the name of the person to contact for further information, if
the applicant is not an individual.
(b)
A map, prepared by a licensed engineer or surveyor, showing
the boundaries of the proposed Mobile Home Park - Age Restricted District,
as well as a key map showing its approximate location in the Town
of Montgomery. The scale of the map shall be no less than one inch
equals 100 feet, unless the Town Board, by resolution, allows a smaller
scale.
(c)
A description of the proposed development plan for the mobile
home park including but not limited to plans for development and operation
of water and sewer services, a plan showing the location of the recreational
amenities, designation of open space and conservation areas and a
plan showing the layout of residential units and roadway system.
(d)
A full environmental assessment form, prepared by a licensed
professional engineer or other licensed professional, to assist the
Town Board in its determination of environmental significance of the
proposed creation of the Mobile Home Park - Age Restricted Floating
District under the New York State Environmental Quality Review Act.
(e)
A nonrefundable fee in the amount of $250 plus a deposit in
an amount to be determined by the Town Board which will reimburse
the Town for the expenses paid by the Town to the Town Engineer and
other designated Town Board consultants for reviewing the application.
Additional deposits may be required to complete the review process.
(2)
The Town Clerk shall forthwith file the original of the application
and forward the copies as follows: two to the Town Supervisor, who
shall in turn forward one copy to an engineer retained by the Town
Board for review and recommendations; one to each remaining Town Board
member; one to the Town Attorney or his or her designee; three to
the Chairman of the Town Planning Board; and one to the Orange County
Department of Planning and Economic Development, with a request for
a report and recommendation when required by General Municipal Law § 239-m.
(3)
The Town Board shall consider the application at its first regular
meeting occurring at least 10 days following the filing of a complete
application with the Town Clerk or at such other time and date as
the Town Board shall determine. The Town Board shall discuss the application
with the applicant and shall request any additional information it
needs to consider the application. The Town Board may schedule a workshop
to discuss the application with the applicant and the Town Planning
Board. The Town Board shall also schedule a public hearing to be held
at its next regular meeting after receipt of the recommendation (if
any) from the Town Planning Board or at any other time and date it
shall determine. Notice of the public hearing shall be published in
the official newspaper of the Town and posted on the official bulletin
board of the Town Clerk at least 10 days prior thereto. The Town Board
shall also take whatever steps are necessary to comply with the New
York State Environmental Quality Review Act, and the public hearing
on the application may be combined with a public hearing on any draft
environmental impact statement which the Town Board may require.
(4)
At least seven days prior to the public hearing, the applicant
shall send notice thereof by certified mail, return receipt requested,
to the owners of record of all properties within 300 feet of the proposed
boundaries of the district, or such other distance as the Town Board
may deem advisable. Prior to the public hearing, the applicant shall
submit to the Town Clerk an affidavit sworn and subscribed before
a notary public containing the following information: the names and
addresses of all such property owners; a statement verifying that
all such property owners' names and addresses are contained on
the list; and a statement that all such property owners were properly
served. The applicant shall simultaneously also submit the certified
mail return receipts for all property owners served along with the
affidavit.
(5)
The cost of preparing, publishing and mailing the required notices
shall be borne by the applicant. The Town Board shall cancel the public
hearing if the applicant fails to submit all of the required information.
(6)
The Town Board shall conduct the public hearing, affording all
interested persons an opportunity to speak. At the conclusion of the
public hearing, the Town Board shall direct the applicant to submit
any additional information it determines is necessary to a determination
of the application, if any. The Town Board shall formally act on said
application no later than 62 days after the close of the public hearing.
(7)
Prior to acting upon said application, the Town Board may obtain
a written recommendation from the Town Planning Board as to whether
the district shall be created, and the Town Planning Board shall furnish
such recommendation within 45 days after a request therefor from the
Town Board.
C.
Standards for the creation of a Mobile Home Park - Age Restricted
District. In considering an application for the creation of a Mobile
Home Park - Age Restricted District, the Town Board shall consider
all relevant factors, including the following:
(1)
The consistency of the proposed district with the Town of Montgomery
Comprehensive Plan and the Zoning Local Law.
(2)
The character of the neighborhood in which the proposed district
would be located.
(3)
The general zoning classification of the area in which the proposed
district would be located.
(4)
The proximity of the proposed district to other parcels currently
developed as mobile home or manufactured home residential developments.
It shall be a requirement that any Mobile Home Park - Age Restricted
District will only be designated to a parcel greater than 10 acres
in size and which parcel has a common boundary with a parcel currently
developed as mobile home or manufactured home project.
(5)
The proximity of the proposed district to other parcels of land
which, in the future, might be the subject of a petition for the creation
of a Mobile Home Park - Age Restricted District.
(6)
Any other factors the Town Board considers relevant.
D.
Effect of Mobile Home Park - Age Restricted District designation.
The decision of the Town Board to approve the designation of a Mobile
Home Park - Age Restricted District to a particular parcel is a legislative
decision that amends the Zoning Map of the Town, it being the intention
that no such designation shall entitle the owner to the issuance of
a special permit use permit for such use unless granted by the Town
Planning Board.
A.
Permitted uses. No person shall construct or operate a biomass gasification facility within the Town on or after the effective date of the addition of § 235-7.12 of this chapter except within a Biomass Gasification-to-Energy District as herein defined and except in compliance with the provisions of § 235-7.12 of this chapter. Biomass gasification facilities shall be permitted in a Biomass Gasification-to-Energy District within the Town as hereinafter provided in this section.
B.
Designation of Biomass Gasification-to-Energy Districts. Biomass gasification facilities shall be allowed in districts designated by the Town Board of the Town of Montgomery (hereinafter referred to as "Town Board") as provided in Subsection C of this section. It is the intention of this section to allow the creation of a Biomass Gasification-to-Energy District at any location deemed appropriate by the Town Board; provided however, that the Town Board shall not make such designation:
C.
Procedures for designation of Biomass Gasification-to-Energy Districts.
(2)
All new Biomass Gasification-to-Energy Districts shall be created
by the Town Board in accordance with the following procedure:
(a)
An applicant seeking to petition the Town Board for the creation
of a Biomass Gasification-to-Energy District shall submit to the Town
Clerk an original and 12 copies of a signed application which shall
contain at least the following information and documents:
[1]
The name, address, and telephone number of the
applicant, together with the name of the person to contact for further
information, if the applicant is not an individual.
[2]
A map, prepared by a licensed engineer or surveyor,
showing the boundaries of the proposed Biomass Gasification-to-Energy
District, as well as a key map showing its approximate location in
the Town of Montgomery. The scale of the map shall be no less than
one inch equals 100 feet, unless the Town Board, by resolution, allows
a smaller scale.
[3]
All information required by § 235-15.4C(37)(b) of this chapter, submission requirements for recycling handling and recovery facilities, including composting operations, recyclable handling and recovery facilities, including post-collection separation facilities, waste tire storage facilities, construction and demolition debris processing facilities, waste transfer stations, and wood-chipping facilities.
[4]
A description of the proposed biomass gasification-to-energy
process, including a description of the processing equipment that
will be used to convert previously sorted and separated biomass into
a synthesis gas for the purpose of generating electricity, including,
but not limited to, gasification process equipment, electric-power-generating
process equipment, biomass storage silos, and air-cooled condensers
or cooling towers.
[5]
A full environmental assessment form, prepared
by a licensed professional engineer or other environmental professional,
to assist the Town Board in its determination of environmental significance
of the proposed creation of the Biomass Gasification-to-Energy District
under New York State Environmental Quality Review Act.
[6]
Where the applicant is not the owner of the subject
parcel(s), proof of consent of the owner to the application.
[7]
A fee in the amount to be determined by the Town
Board which will reimburse the Town for the expense paid by the Town
to the Town Engineer and other designated Town consultants for reviewing
the application.
(b)
The Town Clerk shall forthwith file the original of the application
and forward the copies as follows: two to the Town Supervisor, who
shall in turn forward one copy to an engineer retained by the Town
Board for review and recommendations; one to each remaining Town Board
member; one to the Town Attorney or his or her designee; three to
the Chairman of the Town Planning Board; and one to the Orange County
Department of Planning, with a request for a report and recommendation
when required by General Municipal Law § 239-m.
(c)
The Town Board shall consider the application at its first regular
meeting occurring at least 10 days following the filing of a complete
application with the Town Clerk or at such other time and date as
the Town Board shall determine. The Town Board shall discuss the application
with the applicant and shall request any additional information it
needs to consider the application. The Town Board may schedule a workshop
to discuss the application with the applicant and the Town Planning
Board. The Town Board shall also schedule a public hearing to be held
at its next regular meeting after receipt of the recommendation (if
any) from the Town Planning Board or at any other time and date it
shall determine. Notice of the public hearing shall be published in
the official newspaper of the Town and posted on the official bulletin
board of the Town Clerk at least 10 days prior thereto. The Town Board
shall also take whatever steps are necessary to comply with the New
York State Environmental Quality Review Act, and the public hearing
on the application may be combined with a public hearing on any draft
environmental impact statement which the Town Board may require.
(d)
At least 10 days prior to the public hearing, the applicant
shall send notice thereof by certified mail, return receipt requested,
to the owners of record of all properties within 500 feet of the proposed
boundaries of the district, or such other distance as the Town Board
may deem advisable. Prior to the public hearing, the applicant shall
submit to the Town Clerk an affidavit sworn and subscribed before
a notary public containing the following information: the names and
addresses of all such property owners; a statement verifying that
all such property owners' names and addresses are contained on
the list; and a statement that all such property owners were properly
served with subject notice of public hearing. The applicant shall
simultaneously submit the certified mail return receipts for all property
owners served along with the affidavit.
(e)
The cost of preparing, publishing and mailing the required notice
shall be borne by the applicant. The Town Board may cancel the public
hearing if the applicant fails to submit all of the required information.
(f)
The Town Board shall conduct the public hearing, affording all
interested persons an opportunity to speak. At the conclusion of the
public hearing, the Town Board shall direct the applicant to submit
any additional information it determines is necessary to make a determination
of the application, if any. The Town Board shall formally act on said
application no later than 62 days after the close of the public hearing.
(g)
Prior to acting upon said application, the Town Board shall
obtain a written recommendation from the Town Planning Board as to
whether the Biomass Gasification-to-Energy District should be created.
The Town Planning Board shall furnish such recommendation within 45
days after a request therefor from the Town Board. If the Planning
Board fails to provide such recommendation within the forty-five-day
period, then the Town Board shall be free to proceed with the application.
Any recommendation offered by the Planning Board shall be advisory
only and shall not be considered to be binding upon the Town Board.
(h)
In the event the Town Board creates a new Biomass Gasification-to-Energy
District, the Town Board shall cause the Town of Montgomery Zoning
Map to be amended accordingly and shall forward copies of its determination
regarding the petition to the Town Planning Board.
D.
Standards for the creation of Biomass Gasification-to-Energy Districts.
In considering an application for the creation of a Biomass Gasification-to-Energy
District, the Town Board shall consider all relevant factors, including
the following:
(1)
The consistency of the proposed Biomass Gasification-to-Energy
District with the Town of Montgomery Comprehensive Plan and the Zoning
Law.
(2)
The character of the neighborhood in which the proposed Biomass
Gasification-to-Energy District would be located.
(3)
The general zoning classification of the area in which the proposed
Biomass Gasification-to-Energy District would be located.
(4)
The proximity of the proposed Biomass Gasification District to other Biomass Gasification-to-Energy Districts or biomass gasification-to-energy operations or other solid waste management facilities allowed under § 235-15.4C(37).
(5)
Impact of the biomass gasification-to-energy operation on the
immediate area and any haulageways.
(6)
Consideration of the proposed district's ability to support
a biomass gasification-to-energy facility that complies with applicable
bulk regulations and special use exception criteria and other applicable
requirements.
(7)
Any other factors the Town Board considers relevant.
E.
Term, existence and termination of Biomass Gasification-to-Energy District. Every Biomass Gasification-to-Energy District once created shall remain in existence until either the permanent abandonment of biomass gasification operations on site or the termination of the facilities' biomass gasification-to-energy special use permit issued in accordance with Subsection F below or appropriate legislative action of the Town Board to amend the Zoning Law. Upon the permanent termination of biomass gasification operations, the owner of the premises or the person responsible for the biomass gasification operations conducted therein shall commence closure and decommissioning of the biomass gasification-to-energy facility in accordance with a plan approved by the New York State Department of Environmental Conservation or any closure conditions and restrictions imposed by the Town Board in conjunction with its issuance of a biomass gasification-to-energy special use permit in accordance with Subsection F. The person responsible for the biomass gasification operation shall advise the Town Board, in writing, upon the commencement of decommissioning and closure and the completion of such activities.
F.
Town Board biomass gasification-to-energy special use permits.
(1)
Notwithstanding any other provisions in the Zoning Law to the
contrary, the Town Board shall be authorized to issue Town Board biomass
gasification-to-energy special use permits. No person shall construct
or operate a biomass gasification-to-energy facility, or undertake
biomass gasification operations within the Town, except within a Biomass
Gasification-to-Energy District and except pursuant to a biomass gasification-to-energy
special use permit issued by the Town Board in accordance with the
procedures set forth in this subsection.
(2)
The Town Board shall review and consider the same information as that required for the creation of a Biomass Gasification-to-Energy District under Subsection C(2) of this section. The permit application may be combined with the petition for the creation of the Biomass Gasification-to-Energy District when submitted to the Town Board. The Town Board shall require the applicant to establish an escrow fund which will reimburse the Town for the expenses paid by the Town to designated Town consultants for reviewing the application. The amount to be deposited with the Town, terms for disbursement of the funds, and requirements for replenishment of the fund shall be detailed in an escrow agreement to be executed between the applicant and the Town.
(3)
The Town Board shall consider the application for a Town Board
biomass gasification-to-energy special use permit at its next regular
meeting occurring at least 10 days after receipt of a complete application;
unless the application is submitted in conjunction with a petition
for the creation of the Biomass Gasification-to-Energy District, in
which case the less restrictive application review time frame shall
control.
(4)
No Town Board biomass gasification-to-energy special use permit
shall be granted by the Town Board unless it shall determine:
(a)
The applicable provisions prescribed for the Town Board biomass
gasification special use permit have been met.
(c)
The biomass gasification-to-energy facility conforms with all
applicable regulations governing the Biomass Gasification-to-Energy
District where it is to be located.
(d)
The biomass gasification-to-energy facility meets the siting and design requirements listed in § 235-15.4C(37)(d)[1] through [11] of this chapter, setting forth siting and design requirements for recycling handling and recovery facilities, including composting operations, recyclable handling and recovery facilities, including post-collection separation facilities, waste tire storage facilities, construction and demolition debris processing facilities, waste transfer stations, and wood-chipping facilities.
(e)
The applicant has shown or confirmed that the biomass gasification-to-energy facility will be designed and operated to meet the operations requirements listed in § 235-15.4C(37)(e)[1][a], [b], [c], [f], [h], and [i] of this chapter, except as modified in this § 235-7.12.
Note: Consistent with Subsection G below, the specific operations requirements in § 235-15.4C(37)(e)[2], [3] and [5] pertaining to operations at a composting facility, a recyclable handling and recovery facility, including a post-collection separation facility, and/or a construction and demolition debris processing facility, shall continue to apply to such facilities used as part of a biomass gasification-to-energy facility operation, and the operations plan submission requirements specified in § 235-15.4C(37)(e)[1] shall remain in effect and shall be extended to include all biomass gasification-to-energy facility operations.
(f)
The biomass gasification-to-energy facility, and all components thereof, meet bulk requirements in § 235-7.2 that are applicable to a composting facility, a recyclable handling and recovery facility, including a post-collection separation facility, and/or a construction and demolition debris processing facility as part of its biomass gasification operation (whether or not the proposed biomass gasification-to-energy facility utilizes such facilities), except as otherwise provided therein for specific components of such facility.
(g)
The proposed use will be in harmony with the Town of Montgomery
Zoning Law and will not adversely affect the neighborhood if the requirements
imposed by the Town of Montgomery Zoning Law are met.
(h)
The biomass gasification-to-energy facility must comply, at
a minimum, with all applicable federal and state requirements, including
but not limited to 6 NYCRR Part 360 as amended from time to time.
(i)
The biomass gasification-to-energy facility must demonstrate
compliance with the approved Orange County Solid Waste Management
Plan.
(5)
In issuing a Town Board biomass gasification special use permit,
the Town Board may impose reasonable conditions and restrictions related
and/or incidental to the general and specific standards applicable
to the proposed use. The foregoing is in addition to and shall not
limit the Town Board's independent authority to impose conditions
and restrictions pursuant to the New York State Environmental Quality
Review Act.
G.
Town Board site plan review and approval jurisdiction for biomass gasification-to-energy facilities. Notwithstanding any other provisions in the Zoning Law to the contrary, the Town Board shall retain the jurisdiction granted under New York State Town Law Article 16, § 274-a, to review and approve any site plan for the development of a biomass gasification-to-energy facility. No person shall construct or operate a biomass gasification-to-energy facility, or undertake biomass gasification operations within the Town, except in accordance with an approved site plan. No building permit for the development or construction of a biomass gasification-to-energy facility or any portion thereof shall be granted except in accordance with an approved site plan. The site plan must comply, at a minimum, with all of the requirements of § 235-16 of this chapter, as amended.
H.
Operations.
(1)
At least three months prior to the commencement of operations,
the applicant shall submit an operations plan to the Town Board that
i) provides an overview of daily biomass gasification operations and
maintenance schedules, ii) demonstrates compliance with all applicable
standards applicable to biomass gasification facilities, and conditions
or restrictions imposed in connection with the Town Board's issuance
of a Town Board biomass gasification special use permit, and iii)
meets the criteria established in § 235-15.4C(37)(e)[1][a]
through [i] of this chapter, as modified below, setting forth general
operating requirements for recycling handling and recovery facilities,
including composting operations, recyclable handling and recovery
facilities, including post-collection separation facilities, waste
tire storage facilities, construction and demolition debris processing
facilities, waste transfer stations, and wood-chipping facilities;
provided, however, that the applicant shall submit the facility report
required by § 235-15.4C(37)(e)[1][d] to the Town Board and
the Planning Board. The applicant's failure to timely submit
the required operations plan shall result in the automatic revocation
of the issued Town Board biomass gasification special use permit,
unless the Town Board grants an extension of time to the applicant
for good cause shown.
(a)
Hours of operation. Waste material may only be accepted at the
facility between the hours of 7:00 a.m. and 4:30 p.m. weekdays and
7:00 a.m. to 12:00 p.m. Saturdays. The facility's gasification
process and electric-generating operations may proceed on a twenty-four-hour-per-day,
seven-day-per-week basis. Maintenance service activities may proceed
on an as-needed basis.
(2)
If the biomass gasification-to-energy facility utilizes a composting facility, a recyclable handling and recovery facility, including a post-collection separation facility, and/or a construction and demolition debris processing facility as part of its biomass gasification operation, the aforementioned operations plan must also meet the applicable criteria established in § 235-15.4C(37)(e)[2], [3] and [5] of this chapter, respectively, provided however that all documentation or information subject to review by the Town shall be submitted to the Town Board and the Planning Board.
(3)
Notwithstanding anything to the contrary, if a biomass gasification-to-energy
facility utilizes a recycling handling and recovery facility, including
a post-collection separation facility, such facility is hereby permitted
to receive only acceptable biomass source material as defined above.
I.
Term of the Town Board biomass gasification special use permit. The
term of the biomass gasification special use permit shall coincide
with the term set forth herein for the applicable Biomass Gasification-to-Energy
District; provided, however, the Town Board may revoke such permit
if it determines that the applicant has failed to comply with the
conditions of permit issuance.
J.
Financial assurance. The owner and operator of a biomass gasification-to-energy facility will be required to provide for financial assurance for facility closure as provided in § 235-15.4C(37)(f) of this chapter. The Town Board shall specify that such financial assurance be provided in advance of commencement of construction and address costs associated with the closure, decommissioning and dismantling of the project if it is abandoned prior to and/or after the commencement of operations.
K.
Penalties and remedies. The failure to maintain and operate a biomass gasification-to-energy facility as required by these regulations shall be grounds for enforcement and the imposition of attendant penalties provided for in § 235-15.4C(37)(g) of this chapter.
L.
Monitoring fees. In connection with a biomass gasification special use permit granted hereunder, the permittee shall pay to the Town of Montgomery a post permit monitoring fee provided for in § 235-15.4C(37)(i) of this chapter.
M.
Prohibition against transfer station operations. All waste material delivered to the facility shall be processed at the site in full accordance with the facility's local and state permits and approvals. The use of the biomass gasification-to-energy facility or any components thereof as a solid waste transfer station operation is strictly prohibited. The operator and/or owner of the facility shall notify the Town Code Enforcement Officer within 12 hours of any unplanned occurrence or provide 48 hours prior notice of a planned occurrence at the site which will or does result in the facility no longer being able to process any or all of the waste stream components typically accepted at the facility. Such notification shall explain in reasonable detail the nature of the occurrence and the steps the facility has taken or will take to implement necessary contingency measures to remove from the site any waste material that cannot be processed and what arrangements have been made to stop any further receipt of those portions of the waste stream that can no longer be processed in accordance with the facility's local and state permits and approvals. The specific contingency measures to be implemented at the site for a planned or unplanned occurrence shall be made part of the issued biomass gasification special use Ppermit. Violation of the provisions of this Subsection M shall be considered a violation of the facility's biomass gasification special use permit.
N.
Host community benefit agreement. Any facility granted a biomass
gasification special use permit may also be subject to the terms of
a host community benefit agreement executed between the permit holder
and the Town to compensate the Town for the unique demands for public
services and potential unmitigated impacts that may result from the
operation of the biomass gasification-to-energy facility.
A.
Intent. It is the intent of these gaming facility resort development
regulations to provide flexible land use and design through the use
of criteria on designated areas of land to allow development of self-contained
and integrated development, with primary access to one or more state
highways, in a setting of natural features and suitable topography,
with primary focus on gaming facility resort development consisting
of short-term transient visitor accommodations associated with a range
of developed on-site indoor and/or outdoor recreational facilities.
B.
Objectives. In order to carry out the intent of this section, a gaming
facility resort development shall achieve the following objectives:
(1)
Recognize and promote the scenic quality and natural features
that are desirable for a wide range of commercial recreational uses.
(2)
Advance the Town's Economic Development Plan by encouraging
uses that will help bolster Town businesses helping them to grow and
prosper, and located to take advantage of the Interstate 84, NYS Route
17K, and NYS Route 747 interchanges.
(3)
Allow flexibility in the range of uses consistent with the gaming
facility overlay regulations to encourage economic diversity and tourism
consistent with the theme or concept for the approved resort development
plan.
C.
Approvals required. Whenever any gaming facility resort development
is proposed, and before any permits for the erection of a permanent
or temporary structure in such development shall be granted and before
any subdivision plat or part thereof may be filed in the office of
the County Clerk, the developer or his authorized agent shall apply
for and obtain a special permit use permit from the Town Board, subdivision
approval, if necessary, from the Planning Board, and site plan approval
from the Planning Board. Compliance with the State Environmental Quality
Review Act is required in connection with review and action on any
application for such special permit use permit, application for site
plan approval, and, if necessary, application for subdivision approval.
In addition, the developer shall have obtained a license from the
New York Gaming Facility Siting Board for the gaming facility component
of the resort development prior to issuance of any such building or
grading permits.
D.
Special permit use permit standards. An application for a gaming facility resort development must meet the standards set forth in §§ 235-7.7 and 235-15.4 of this chapter and the general and specific design standards set forth below. To the extent that there are any conflicts between requirements, the provisions of this section shall control.
E.
Planning Board review. Upon receipt of a special permit use permit
application for a gaming facility resort development, the Town Board
shall refer the application to the Planning Board for its review and
comment. The Planning Board shall report to the Town Board during
the course of the Town Board's review of the special permit use
permit application. The Planning Board's final report will be
due within 60 days of the Town Board referral. Should the Planning
Board fail to provide a final report within the time to do so, the
Town Board may take action on the special permit use permit application.
F.
General design standards for gaming facility resort developments.
A gaming facility resort development application for special permit
use permit is subject to approval by the Town Board. An applicant
applying for a special permit use permit shall meet the following
general design standards:
(1)
Location of resort developments. Gaming facility resort developments
are allowed only in the Gaming Overlay Zoning District.
(2)
Minimum area. The minimum area necessary to qualify for a gaming
facility resort development shall not be less than 200 contiguous
acres, excluding wetlands or steep slopes.
(3)
Ownership. The tract of land proposed for gaming facility resort
development may have one or more owners, and every application shall
require the written consent of all individuals, firms, associations,
syndicates, partnerships or corporations with proprietary interest
in the affected land, authorizing the applicant to act on behalf of
the owner or owners in connection with all matters pertaining to the
gaming facility resort development application. In the case of multiple
ownership, a plan once approved shall be binding on all owners, their
successors and assigns.
(4)
Utilities. Gaming facility resort developments shall be served
by adequate water supply and sewage treatment systems. Such systems
shall be constructed in accordance with New York State standards and
specifications, and additional standards adopted by the Town, if any.
(5)
Specially permitted uses. The following uses are permitted within
a gaming facility resort development upon issuance of a special permit
use permit by the Town Board, and subject to site plan review by the
Planning Board:
(b)
Gaming facility indoor commercial recreational use. Gaming facility indoor commercial recreational uses as defined in § 235-3.2 of this chapter.
(c)
Gaming facility outdoor commercial recreational use. Gaming facility outdoor commercial recreational uses as defined in § 235-3.2 of this chapter.
(d)
Gaming facility cultural and performing arts center. Gaming facility cultural and performing arts center as defined in § 235-3.2 of this chapter.
(e)
Accessory commercial, service and nonresidential uses. Accessory
commercial, service and other nonresidential uses shall be required
in a gaming facility resort development in accordance with the provisions
below.
(f)
A gaming facility resort development may include a mix of the
above uses, which shall be located on a single lot or lots which shall
be combined into one parcel.
(g)
A gaming facility resort development must provide primary access
to a state highway.
G.
Gaming facility resort development application procedure and approval
process. The gaming facility resort development application procedure
and approval process shall consist of the following steps:
(1)
Special permit use permit application with accompanying land
development plan, requiring Planning Board review and Town Board review
and approval.
(2)
Site plan and/or subdivision plan submission requiring Planning
Board review and approval.
(3)
The above steps may proceed concurrently, provided that the
Planning Board shall not issue any approval prior to the Town Board's
issuance of a resort development special permit use permit.
H.
Application for gaming facility resort development special permit
use permit.
(1)
An applicant shall submit to the Town Clerk an original plus 12 copies of a signed application complying with § 235-7.13H(2) and (3), together with filing fee and escrow requirements to be established by the Town Board.
(2)
Contents of the special permit use permit application. A gaming
facility resort development in the GO District shall fully comply
with the State Environmental Quality Review Act, including the preparation
of an environmental impact statement as may be determined by the lead
agency. In addition to any documentation relative to an evaluation
of the application pursuant to the State Environmental Quality Review
Act, the special permit use permit application shall consist of the
following items:
(a)
A land development plan. The land development plan shall be
approximately to scale, though it need not be so precise as to consist
of finished engineering drawings. It shall include the following:
(b)
A general statement as to how open space is to be owned and
maintained.
(c)
A proposed time schedule for development and, if staged, a general
indication of how staging is to proceed.
(d)
Traffic impact study, identifying the potential impact of traffic
generated by the proposed development on the regional roadway network.
(e)
Community services study, identifying the capacity of community
services and facilities, the anticipated demand placed on such services
and the potential expansion or introduction of services that may be
required to service the development.
(f)
Fiscal impact study, identifying community facility, infrastructure
and other associated costs required to service the development and
its impact on the Town and applicable service districts. Said study
shall analyze the fiscal impact at each stage of the development.
(g)
Drainage study, analyzing preconstruction and post-construction
stormwater runoff conditions. The drainage study shall demonstrate
compliance with all state and local stormwater permit standards.
(h)
An explanation of the character of the resort development, including
a visual rendering from any residential area located within 500 feet
of the development site.
(i)
Evidence that the proposal is compatible with the goals of the
Town's Economic Development Plan.
(j)
A market feasibility study and other possible study techniques
demonstrating the short- and long-term demand for the principal proposed
uses within the proposed site.
(k)
The present ownership of all lands included within the gaming
facility resort development.
(l)
A study of impact upon current emergency services, including
but not limited to police, fire, EMS, and ambulance, from the operation
of the gaming facility resort development, and the need to expand
and/or upgrade such emergency services to adequately meet the needs
of such gaming facility resort development, and further to assess
emergency access to and within the subject facility.
(3)
Evidence of the applicant's financial ability to carry
out the project and a description of previous experience with projects
of a similar scale and magnitude.
(4)
Specific design standards of the special permit use permit.
Unless a parameter within the sole jurisdiction of the Town is waived
by the Town Board, the application shall demonstrate compliance with
the following additional design standards:
(a)
Lot area and yard requirements. The applicant shall submit layouts
and design standards for minimum lot size, frontage, yard requirements
and other bulk standards at the time of special permit use permit
application.
(b)
Natural features. Existing natural features, such as streams,
rock outcrops, topsoil, trees, shrubs, stone walls and wetlands, shall
be preserved and incorporated in the landscaping of the development
to the extent practicable.
(c)
Street design. The arrangement, character, extent, width, grade and location of all streets on the project site shall be considered in relation to existing and planned public streets, topography and public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by said streets; said streets on the project site shall remain private and shall otherwise conform to all other street and road requirements of the Town as set forth in § 235-7.8 of this chapter.
(d)
Access. The resort development shall provide its principal access
to a state highway.
(e)
Building area. The location and arrangement of all structures
shall be in harmony with the purposes of this special permit use.
The location and arrangement of structures shall not be detrimental
to existing adjacent development or to the existing or prospective
development of the Town.
(f)
Boundary setbacks, buffer areas and transitional uses. Buffer areas shall be provided along the periphery of development sites consistent with the requirements of § 235-11.9 (Performance buffering). Buffers shall be provided along the periphery of the gaming facility resort development, and between any component uses of the development that are located on lots which may be conveyed or owned separately from adjacent lots.
[Amended 11-3-2022 by L.L. No. 13-2022]
(g)
Off-street parking and loading requirements. Sufficient and
adequately designed off-street parking spaces and loading areas shall
be provided, and the internal circulation system shall be adequate
to provide safe accessibility within the site. Parking shall also
be provided for use by the residents of the Town as determined by
the Town Board.
(h)
For gaming facility resort developments, the percentage of lot
coverage shall mean the area of the site covered by principal and
accessory buildings and structures, and shall not include parking
areas, walkways or other areas that are improved with permeable pavement,
pavers or other permeable or pervious surfaces.
(i)
Underground utilities. To improve the quality of the environment
and to reduce inconvenience during bad weather, where possible, utilities,
including electric and cable, shall be installed underground within
the gaming facility resort development.
(j)
Utilities and drainage facilities. Utilities and drainage facilities
shall be designed in accordance with New York State and local requirements
and industry standards and best management practices and planned,
installed and operated in a manner acceptable to the Town Board.
(k)
Permanent open space. Open space shall be provided and permanently
protected in an amount, location and manner as determined by the Town
Board.
(l)
For purposes of gaming facility resort developments, the restriction
on maximum building height shall mean the vertical distance, measured
from the average elevation of the finished grade along the side of
the structure fronting on the nearest street, to the highest point
of such structure. In no case shall the building height of any structure
in a gaming facility resort development exceed 210 feet.
(m)
The provisions of § 235-15.4C(28)(a) through (d) of this chapter regarding restrictions on hotels and motels shall not apply to hotels within a gaming facility resort development. The provisions of § 235-15.4C(28)(e) of this chapter shall apply to hotels within a gaming facility resort development.
(n)
Additional site development standards. In addition to the standards
set forth in this section, the applicant shall also comply with the
appropriate design, site development plan and performance standards
of this chapter and the subdivision regulations. However, where a
conflict exists between the development standards contained in this
section and any of the above, this section shall govern.
(o)
The provisions of § 235-9.1H of this chapter regarding recreation center devices shall not apply to a gaming facility resort development in the GO Zoning District; however, the addition of any recreation center devices to an existing gaming facility resort development shall require amendment to the special permit use permit and site plan.
I.
Public hearing. The Town Board shall hold a public hearing within
45 days from the day the special permit use permit application is
deemed complete. Public notice of said hearing shall be printed in
a newspaper of general circulation in the Town at least five days
prior to the date of the hearing. If the applicant has submitted concurrent
applications for site plan and/or subdivision approvals to the Planning
Board, then to the extent practicable, a joint hearing shall be held
by both boards on all related pending applications. Any notice for
a joint public hearing must satisfy the minimum requirements of the
relevant applicable notice provisions for site plan and/or subdivision
applications.
J.
County planning review. At least 30 days before the public hearing,
the Town Board shall mail notices thereof to the Orange County Planning
Department as required by § 239-m of the General Municipal
Law, which notice shall be accompanied by a full statement describing
and including the special permit use permit application. If the applicant
has submitted concurrent applications for site plan and/or subdivision
approvals to the Planning Board, then to the extent practicable, a
joint referral shall be made for all related pending applications.
K.
Decisionmaking.
(1)
No special permit use permit may be granted in the absence of
a license issued by the NYS Gaming Commission, although a conditional
final approval may be granted conditioned upon the receipt of such
license. The Town Board shall render its decision on the special permit
use permit within 62 days after the close of the public hearing. The
failure to act within such sixty-two-day period shall not result in
a default approval. The time within which the Town Board must render
its decision may be extended by the consent of the applicant. The
decision of the Town Board shall be filed in the office of the Town
Clerk within five business days after such decision is rendered and
a copy thereof mailed to the applicant.
(2)
Community appearance and architectural review. The gaming facility
resort development shall become subject to community appearance and
architectural review upon application for site plan and/or subdivision
approval; and the entire plan, showing such detail as shall enable
the Planning Board to review said plan, shall be submitted simultaneously
with the site and/or subdivision plan application.
(3)
If the applicant has filed concurrent applications for site plan and/or subdivision approval with the Planning Board, and in the event of a joint public hearing has been held and closed by the Town Board and Planning Board pursuant to § 235-7.13G(3) hereof, the Planning Board shall render its decisions on the related applications pending before it within 62 days following the Town Board's decision on the special permit use permit. The failure to act within such sixty-two-day period shall not result in a default approval. The time within which the Planning Board must render its decision may be extended by the consent of the applicant.
(4)
No building permit for the construction of any permanent or
temporary structure shall be issued by the Town until i) the New York
Gaming Facility Siting Board has issued a license for the gaming facility
component of the resort development; ii) compliance with the State
Environmental Quality Review Act has been completed; iii) the Town
Board has completed its review and approved a special permit use permit;
and iv) the Planning Board has completed its review and issued site
plan approval and, if necessary, subdivision approval.
L.
Conditions. The Town Board, at its discretion, may attach any reasonable
conditions on an approved gaming facility resort development special
permit use permit as necessary to assure conformance of the gaming
facility resort development with the intent and objectives of these
regulations, and other applicable state and local requirements including
a host community benefits package and related agreements. Any special
permit use permit issued by the Town Board hereunder is expressly
conditioned upon site plan review by the Planning Board and, if necessary,
subdivision review by the Planning Board.
M.
Special permit use permit approval shall expire if construction has
not commenced within two years after the date of the special permit
use permit approval.
N.
Requests for changes to the special permit use permit. If in the
course of detailed site development and/or subdivision review it becomes
apparent that certain elements which have been approved by the Town
Board are not feasible, or are materially inconsistent with the proposed
site plan or amendment thereto, the Planning Board shall refer said
changes to the Town Board for its review. The Town Board shall determine
whether said improvements are minor and are generally consistent with
the approved special permit use permit or whether said improvements
are major and require reapproval of the special permit use permit.
Said determination shall be made by resolution of the Town Board within
30 days after referral by the Planning Board. If the Town Board determines
that such changes are minor, no further Town Board action shall be
required.
O.
Financial responsibility. No building permit shall be issued for
construction of a resort development until the required improvements
are installed or performance bonds or other financial guarantees and/or
sureties as required by the Town Board are posted in a form acceptable
to the Town Attorney in accordance with the procedures specified in § 274-a
of the Town Law for site plans and § 277 of the Town Law
relating to subdivisions.
"Cluster development" shall mean a subdivision plat or plats, approved pursuant to this § 235-8, in which the applicable zoning law is modified to provide an alternative method for the layout, configuration and design of lots, buildings, structures, roads, utility lines and other infrastructure, parks and landscaping in order to preserve the natural and scenic qualities of open lands.
A.
The Town Board hereby authorizes the Planning Board to approve a cluster development, subject to the conditions recited elsewhere in this § 235-8, simultaneously with the approval of a subdivision plat or plats pursuant to other enabling legislation found in Article 16 of the Town Law for the State of New York, as amended.
B.
The provisions of this § 235-8 shall apply in all of the zoning districts of the Town, exclusive of the Planned Adult Community (PAC) Overlay Zone District. The PAC Overlay Zone District regulations are set forth at § 235-15.4C(31) of this chapter.
C.
The purpose of a cluster development shall be to enable and encourage
flexibility of design and development of land in such a manner as
to preserve the natural and scenic qualities of open lands in the
Town.
B.
Specifications. Simultaneous with or prior to the approval of a clustered
subdivision, the Planning Board shall establish the specific lot bulk
requirements it has authorized as part of the cluster development
plan. In addition, any conservation or access easement or other restrictions
or design specifications established as part of the overall plan shall
be specified on the plat.
C.
Number of lots or dwelling units. A cluster development shall result
in a permitted number of building lots or dwelling units which shall
in no case exceed the number which could be permitted, in the Planning
Board's judgment, if the land were subdivided into lots conforming
to the minimum lot size and density requirements of this chapter applicable
to the district or districts in which such land is situated and conforming
to all other applicable requirements; provided, however, that where
the plat falls within two or more contiguous districts, the Planning
Board may approve a cluster development representing the cumulative
density as derived from the summing of all units in all such districts,
and may authorize actual construction to take place in any portion
of one or more of the districts.
D.
Open space preservation. The Planning Board, as a condition of plat approval, may establish such conditions on the ownership, use and ongoing maintenance of such open lands shown on the plat as it deems necessary to assure the preservation of the natural and scenic qualities of such open lands. The Town Board hereby requires that any such conditions shall be approved by the Town Board by resolution before the final plat may be approved for filing. Prior to the determination of the Town Board as required in this Subsection D, the Town Board must be in receipt of the resolution of the Planning Board declaring that the cluster development will be a benefit to the Town and also must be in receipt of the negative declaration or findings statement pursuant to the SEQRA as prepared by the lead agency.
E.
Plat requirements. In addition to the standard plat requirements
for conventional subdivisions, the plat showing such cluster development
may include areas within which structures may be located, the heights
and spacing of buildings, open spaces and their landscaping, off-street
open and enclosed parking spaces, streets, driveways and other features
required by the Planning Board. In the case of a residential plat
or plats, the dwelling units permitted may be, at the discretion of
the Planning Board, in detached, semidetached, attached or multistory
structures.
F.
Notice and public hearing. The proposed cluster developments shall
be subject to review at a public hearing or hearings held pursuant
to Article 16 of the New York State Town Law regarding the approval
of plats.
G.
Filing of plat. On the filing of the plat in the office of the Orange
County Clerk, a copy shall be filed with the office of the Town Clerk,
who shall make appropriate notations and references thereto on the
Town Zoning Map required to be maintained per Article 16 of the Town
Law for the State of New York.
H.
Effect. The provisions of this § 235-8 shall not be deemed to authorize a change in the permissible use of such land as elsewhere provided in this chapter of the Code of the Town of Montgomery.
I.
Town Board concept review. The requirements of this Subsection I shall be deemed to be a portion of the criteria set forth at Town Law § 278, Subdivision (3)a. In addition to the final approval of the Town Board as to the ownership, use and maintenance of open space as set forth in Subsection D above, the subdivider shall appear before the Town Board to present the proposed cluster plan concept to the Town Board after the proposed cluster plan has received an informal concept or sketch approval from the Planning Board. The purpose of this appearance before the Town Board is to ascertain if the Town Board is to exercise its authority to reject or modify the proposed cluster plan concept. If the Town Board is to reject or modify the proposed cluster plan concept, it must do so by resolution within 45 days of the first appearance before the Town Board. If the Town Board fails to reject or modify the cluster plan concept within such forty-five-day period, the clustered subdivision plan may proceed to the preliminary public hearing stage before the Planning Board generally as presented. If the Town Board finds it to be in the public interest to authorize the continued review of the cluster plan by the Planning Board, with or without modification, it may do so by resolution prior to the expiration of such forty-five-day period, which resolution shall not be deemed to be an action pursuant to the SEQRA and/or an approval of said plan, as that approval shall remain within the sole discretion of the Planning Board as elsewhere provided in this § 235-8 and in Article 16 of the NYS Town Law and in accordance with the obligations of the lead agency pursuant to the SEQRA and the regulations thereunder.
In all districts, no building, structure or lot shall be used
in whole or in part for any of the following uses:
A.
Any trade, business, industry or process which is noxious or offensive
by reason of the production or emission of smoke, noise, gas, odor,
dust, refuse matter, vibration or excessive light beyond the limits
of its lot so as to be dangerous or prejudicial to the public health,
safety or general welfare.
B.
Billboards.
C.
Explosives or gunpowder manufacture.
D.
House trailers or manufactured homes used for residential purposes,
except that manufactured housing may be used in the R-MHC District
or in any district only as farm workers' dwellings in accordance with §§ 235-6.2F(2)
and/or 235-7.2F(2) as a customary accessory use to an active agricultural
operation on the same or an adjacent lot in accordance with the New
York State Agriculture and Markets Law.
E.
Outdoor lighting facilities of any kind where the light source is
visible from outside the property lines, or where glare beyond the
property lines creates public hazards or nuisances to nearby residential
zones.
F.
Open-air retail sales establishments other than those specifically
permitted in the Tables of Use Regulations for Residence and Agricultural
Districts and Business and Industrial Districts.[1]
[1]
Editor's Note: Said tables are included as attachments to this chapter.
G.
Rear dwelling except where otherwise allowable as a caretaker's dwelling
or farm worker's housing as elsewhere described in this chapter.
H.
Recreation center devices such as sky rides, Ferris wheels, roller
coasters, shooting galleries, except on a temporary permit issued
by the municipality.
[Amended 10-6-2022 by L.L. No. 10-2022]
A.
Outdoor storage and/or equipment yard for contractors.
B.
Dry cleaning or laundry plant of more than 4,000 square feet.
C.
Fuel oil storage (unless underground as an accessory use to a permitted
or special permit use). Fuel storage tanks of 500 gallons or less
are permitted above ground at the rear of buildings, if screened with
solid fences, walls or landscaping satisfactory to the Planning Board.
D.
Municipal sanitary landfill or incinerator.
E.
Public utility storage yard.
F.
Wholesale businesses and warehouses with less than three truck docks
or bays.
G.
Storage yard.
H.
Commercial outdoor public or private recreation uses, not including
golf courses or passive recreation areas, unless located off a service
road or adequately screened from a public road in the opinion of the
Planning Board.
I.
Outdoor sales and displays of new and used motor vehicles, mobile
homes, trucks, boats and other outdoor sales items, including, without
limitations, temporary or transient vending facilities.
J.
All types of recycling facilities, including processing and transfer
facilities.
K.
Telecommunication towers, including radio, microwave, and broadcasting
towers and antennas.
L.
Garage doors for commercial uses shall not be visible from street
frontage areas of lots or side street frontages of corner lots.
M.
Repair garages and auto body shops and all related automobile storage.
It is hereby determined that:
A.
Land development activities and associated increases in site impervious
cover often alter the hydrologic response of local watersheds and
increase stormwater runoff rates and volumes, flooding, stream channel
erosion, or sediment transport and deposition.
B.
This stormwater runoff contributes to increased quantities of water-borne
pollutants, including siltation of aquatic habitat for fish and other
desirable species.
C.
Clearing and grading during construction tend to increase soil erosion
and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat.
D.
Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff, thereby increasing
stream bank erosion and sedimentation.
E.
Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream baseflow.
F.
Substantial economic losses can result from these adverse impacts
on the waters of the municipality.
G.
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from land development activities.
H.
The regulation of stormwater runoff discharges from land development
activities in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion, stream channel erosion, and
nonpoint source pollution associated with stormwater runoff is in
the public interest and will minimize threats to public health and
safety.
I.
Regulation of land development activities by means of performance
standards governing stormwater management and site design will produce
development compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse effects
of erosion and sedimentation from development.
The purpose of this § 235-10 is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact in § 235-10.1 hereof. This § 235-10 seeks to meet those purposes by achieving the following objectives:
A.
Meet the requirements of minimum measures 4 and 5 of the SPDES General
Permit for Stormwater Discharges from Municipal Separate Stormwater
Sewer Systems (MS4s) Permit No. GP-02-02, or as amended or revised;
B.
Require land development activities to conform to the substantive
requirements of the NYS Department of Environmental Conservation State
Pollutant Discharge Elimination System (SPDES) General Permit for
Construction Activities GP-0201, or as amended or revised;
C.
Minimize increases in stormwater runoff from land development activities
in order to reduce flooding, siltation, increases in stream temperature,
streambank erosion and maintain the integrity of stream channels;
D.
Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality;
E.
Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable; and
F.
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint
source pollution, wherever possible, through stormwater management
practices and ensure that these management practices are properly
maintained and eliminate threats to public safety.
B.
The municipality shall designate a municipal officer or employee as the Stormwater Management Officer (SMO), who shall accept and review all stormwater pollution prevention plans (SWPPP). The Stormwater Management Officer (SMO) may, upon approval by the Town Board of the Town of Montgomery, engage the services of a registered professional engineer to review the SWPPP and related specifications and documents at a cost not to exceed a fee schedule established by said governing board and/or may accept the certification of a licensed professional that the plans conform to the requirements of this § 235-10.
C.
All land development activities and building permit applications subject to review and approval by the Planning Board, Zoning Board of Appeals and/or the Building Department of the Town of Montgomery under any other provisions of this chapter of the Code of the Town or of the New York State Uniform Fire Prevention and Building Code shall be reviewed subject to the standards contained in this § 235-10, and no approval or permit shall occur unless subject to full compliance with such standards.
The following activities may be exempt from review under this § 235-10:
A.
Agricultural activity as defined in this § 235-10 or as determined by the New York State Department of Agriculture and Markets.
B.
Silvicultural activity, except that landing areas and log haul roads are subject to this § 235-10.
C.
Routine maintenance activities that disturb less than five acres
and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility. The SMO shall have the
sole discretion to determine if an activity is or is not a "routine
maintenance activity."
D.
Repairs to any stormwater management practice or facility deemed
necessary by the SMO.
E.
Any part of a subdivision if a plat for the subdivision has been
approved by the Town of Montgomery and filed with the Orange County
Clerk on or before June 7, 2005. Additionally, any site plan approved,
signed by the appropriate municipal official and filed with the Town
on or before June 7, 2005, shall be exempt.
F.
Land development activities for which an unconditional building permit
has been issued on or before June 7, 2005.
G.
Cemetery graves.
H.
Installation of a fence, sign, telephone, and electric poles and other kinds of posts or poles, provided no such installation shall result in any adverse impacts that this § 235-10 is designed to prevent or mitigate.
I.
Emergency activity immediately necessary to protect life, property
or natural resources.
J.
Activities of an individual engaging in home gardening by growing
flowers, vegetables and other plants primarily for use by that person
and his or her family.
K.
Landscaping and horticultural activities in connection with an existing
structure, provided that there is no disturbance of the stabilized
topsoil.
The terms used in this § 235-10 or in documents prepared or reviewed under this § 235-10 shall have the meanings as set forth below:
A property owner or agent of a property owner who has filed
an application for a land development activity.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property,
and occupying more than 100 square feet of area.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
The Building Inspector or Assistant Building Inspector of
the Town.
The deliberate appropriation of property by its owner for
general public use.
The New York State Department of Environmental Conservation.
The New York State Stormwater Management Design Manual, as
the same now exists or as it may be amended from time to time, that
serves as the official guide for stormwater management principles,
methods and practices.
A person who undertakes land development activities.
The New York Standards and Specifications for Erosion and
Sediment Control Manual, commonly known as the "Blue Book," as the
same now exists or as it may be amended from time to time.
Excavation or fill of material, including the resulting conditions
thereof.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc).
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
Regulated by the Town of Montgomery "Standard Plan" described in § 235-10.6E below.
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill, that results in land disturbance
of equal to or greater than one acre or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct
land development activities may take place at different times on different
schedules.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
A legally recorded document that acts as a property restriction,
and which provides for long-term maintenance of stormwater management
practices.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
Land development activity.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
An employee or officer designated by the municipality to
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board and inspect stormwater management
practices.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground resulting from precipitation.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface water or underground waters), which are wholly or partially
within or bordering the state or within its jurisdiction. Storm sewers
and waste treatment systems, including treatment ponds or lagoons,
which also meet the criteria of this definition are not waters of
the state. This exclusion applies only to man-made bodies of water
which neither were originally created in waters of the state (such
as a disposal area in wetlands) nor resulted from impoundment of waters
of the state.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
[1]
Editor's Note: The former definition of "agricultural activity,"
which immediately preceded this definition, was repealed 2-28-2023 by L.L. No. 2-2023.
A.
Stormwater pollution prevention plan requirement. No application for approval of a land development activity and/or building permit shall be approved until the appropriate board or the Building Department has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this § 235-10.
B.
Contents of all stormwater pollution prevention plans. All SWPPPs
shall provide the following background information and erosion and
sediment controls:
(1)
Background information about the scope of the project, including
location, type and size of project.
(2)
Site map/construction drawing(s) for the project, including
a general location map. At a minimum, the site map should show the
total site area; all improvements; areas of disturbance; areas that
will not be disturbed; existing vegetation; on-site and adjacent off-site
surface water(s); wetlands and drainage patterns that could be affected
by the construction activity; existing and final slopes; locations
of off-site material, waste, borrow or equipment storage areas; and
location(s) of the stormwater discharges(s). The site map should be
at a scale no smaller than one inch equals 100 feet.
(3)
Description of the soil(s) present at the site.
(4)
Construction phasing plan describing the intended sequence of
construction activities, including clearing and grubbing, excavation
and grading, utility and infrastructure installation and any other
activity at the site that results in soil disturbance. Consistent
with the New York Standards and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP.
(5)
Description of the pollution prevention measures that will be
used to control litter, construction chemicals and construction debris
from becoming a pollutant source in stormwater runoff.
(6)
Description of construction and waste materials expected to
be stored on site with updates as appropriate, and a description of
controls to reduce pollutants from these materials, including storage
practices to minimize exposure of the materials to stormwater, and
spill prevention and response.
(7)
Temporary and permanent structural and vegetative measures to
be used for soil stabilization, runoff control and sediment control
for each stage of the project from initial land clearing and grubbing
to project close-out.
(8)
A site map/construction drawing(s) specifying the location(s),
size(s) and length(s) of each erosion and sediment control practice.
(9)
Dimensions, material specifications and installation details
for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment basins.
(10)
Temporary practices that will be converted to permanent control
measures.
(11)
Implementation schedule for staging temporary erosion and sediment
control practices, including the timing of initial placement and duration
that each practice should remain in place.
(12)
Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice.
(13)
Name(s) of the receiving water(s).
(14)
Delineation of SWPPP implementation responsibilities for each
part of the site.
(15)
Description of structural practices designed to divert flows
from exposed soils, store flows, or otherwise limit runoff and the
discharge of pollutants from exposed areas of the site to the degree
attainable.
(16)
Any existing data that describes the stormwater runoff at the
site.
C.
Classification. Land development activities shall be classified by
the SMO as any one or more of the following conditions:
(1)
Condition A: stormwater runoff from land development activities
discharging a pollutant of concern to either an impaired water identified
on the Department's 303(d) list of impaired waters or a total
maximum daily load (TMDL) designated watershed for which pollutants
in stormwater have been identified as a source of the impairment.
(2)
Condition B: stormwater runoff from land development activities
disturbing five or more acres.
(3)
Condition C: stormwater runoff from land development activities
disturbing between one acre and five acres of land during the course
of the project, exclusive of the construction of single-family residences
and construction activities at agricultural properties.
(4)
Condition D: stormwater runoff from land development activities
disturbing less than one acre.
D.
Additional SWPPP requirements for Conditions A, B and C:
(2)
Description of each post-construction stormwater management
practice.
(3)
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each post-construction stormwater management practice.
(4)
Hydrologic and hydraulic analysis for all structural components
of the stormwater management system for the applicable design storms.
(5)
Comparison of post-development stormwater runoff conditions
with predevelopment conditions.
(6)
Dimensions, material specifications and installation details
for each post-construction stormwater management practice.
(7)
Maintenance schedule to ensure continuous and effective operation
of each post-construction stormwater management practice.
(8)
Maintenance easements to ensure access to all stormwater management
practices at the site for the purpose of inspection and repair. Easements
shall be recorded on the plan and shall remain in effect with transfer
of title to the property.
E.
The Town's "Standard Plan," otherwise known as the "Town SWPPP,"
for Condition D is as follows: This Standard Plan is issued by the
Town of Montgomery and is subject to any special conditions listed
on the application. New York State law requires that provisions to
control erosion and sediment shall be included for all construction
where any excavation, stripping, filling, grading or earth movement
takes place. As required by state law, building permits cannot be
issued until such erosion and sediment control provisions are approved.
Owners and applicants are advised that building permits are not issued
until this plan is implemented and site approval has been granted.
(1)
Applicability. This Standard Plan may only be utilized for minor
grading activities associated with minor commercial and residential
construction for earth disturbances where all the following conditions
are met:
(a)
The lot is on a paved, graveled, or publicly maintained street
where storm drain facilities are in operation and roadside ditches
stabilized.
(b)
Stormwater management facilities are not required on the lot.
(For projects where facilities have been designed, this plan represents
a starting point, but is not sufficiently comprehensive.)
(c)
No more than 15,000 square feet will be disturbed during development
of any one lot, but in any critical area, not more than 5,000 square
feet will be disturbed.
(d)
Steep slopes with a grade of 15% or greater will not be disturbed.
A twenty-five-foot undisturbed buffer must be maintained from the
top of 25% or greater slopes within a sensitive area.
(e)
Development for minor subdivision will take place on not more
than two lots at one time.
(f)
Any proposed grading will not impair existing surface drainage,
constitute a potential erosion hazard, or act as a source of sedimentation
to any adjacent land or watercourse, or affect any sediment and erosion
control plan previously approved by the Town of Montgomery.
(g)
Changes in grade or removal of vegetation shall not take place
in established buffers or within 100 feet of the mean high water line
of a body of water, except for approved buffer management plans disturbing
less than 5,000 square feet and the establishment of approved shoreline
erosion control projects where no grading is to take place.
(h)
The proposed construction is not subject to a separate erosion
and sediment control plan.
(2)
Conditions.
(a)
Access to the site and this plan shall be available at all times
for inspection by representatives of the Town of Montgomery.
(b)
The applicant/permittee shall notify the Town of Montgomery
at least 48 hours prior to commencing clearing or grading (telephone
number: 845-457-2660).
(c)
This Standard Plan is valid only if development of the lot proceeds
in accordance with state laws and the rules and regulations governing
sediment control, land use, and environmental impact.
(d)
In the event that the applicant fails to provide adequate sediment
controls according to the provisions of this plan and standards and
specifications, or if the sediment controls installed on the site
do not provide adequate protection, the Town of Montgomery Code Enforcement
Officer and the Town Engineer may stop all work at the referenced
site and require corrective actions.
(e)
This Standard Plan is subject to revocation by the Town of Montgomery
or the Code Enforcement Officer whenever determination is made, and
after notice is given, that the site is in violation of the rules
and regulations promulgated under state law and/or the conditions
specified by this plan.
(f)
If there is any concurrent construction on adjoining lots, the
Town of Montgomery may take individual and separate actions to assure
sediment controls are in compliance with state laws and the approved
erosion and sediment control plan.
(g)
Nothing herein relieves the applicant/permittee from complying
with any and all of the state laws and regulations.
(h)
This Standard Plan is valid for the life of the building permit
or a period of six months if not associated with a building permit.
(3)
Grading.
(a)
Initial clearing and earth disturbance shall be limited to that
necessary to install sediment control measures. Excavation for footings,
clearing, or other earth disturbance may only take place after the
sediment and erosion controls are installed.
(b)
The permanent driveway or entrance location shall be used as
a stabilized construction entrance. Two-inch stone shall be placed
at a minimum six-inch depth, 30 feet long, and 10 feet wide. The entrance
shall be top dressed with stone as necessary to prevent tracking of
sediment onto public streets or rights-of-way. Sediment tracked onto
public streets must be removed or cleaned on a daily basis. All vehicular
traffic onto the site will use this stabilized construction entrance.
(c)
At any location where surface runoff from disturbed or graded
areas may flow off the construction area, sediment control measures
must be installed, including a silt fence or straw bales to prevent
sediment from being transported off site. No grading, filling or other
disturbance is allowed within existing drainage swales.
(d)
Swales or other areas that transport concentrated flow shall
be sodded. Downspout or sump pump discharges must have acceptable
outfalls that are protected by splashblocks, sod, or piping as required
by site conditions (i.e., no concentrated flow directed over fill
slopes).
(e)
Surface flows over existing or proposed cut and fill slopes
shall be controlled by either redirecting flows from traversing the
slopes or by installing mechanical devices to safely lower water downslope
without causing erosion. Any percolating water resulting from any
development activities must be properly conveyed to an acceptable
outfall.
(f)
Final graded slopes shall be no steeper than four horizontal
units to one vertical unit 25%, nor higher than five feet without
prior approval.
(g)
All materials originating from development of the lot and public
right-of-way shall be removed immediately to an acceptable disposal
facility.
(h)
Final site drainage shall be such to prevent erosion, concentrated
flows to adjacent properties, uncontrolled overflow, and ponding.
Positive drainage away from the foundation must be provided in accordance
with the New York State Code. The foundation must extend at least
eight inches above finished grade and a minimum slope of at least
0.5 inch per foot of fall must be maintained away from the foundation.
(4)
Stabilization. Following initial soil disturbance and redisturbance,
permanent or temporary stabilization shall be completed within:
(a)
Seven calendar days from the time that the soil is initially
disturbed, and before any significant storm event which may have the
potential to cause erosion, but not to exceed seven days from initial
disturbance.
(b)
Fourteen calendar days for all approved stockpiles and other
disturbed or graded areas, provided construction grading activity
is not continually ongoing in these locations.
F.
Specifications. Specifications regarding silt fence, straw bale dikes,
earth dikes, stone outlet structures, stone construction entrances,
temporary and permanent stabilization practices, and any other sediment
and erosion control practices are contained in the current New York
State Guidelines for Urban Erosion and Sediment Control, as amended
and revised. Specifically, the following limitations for silt-fencing
may not be exceeded:
(1)
Maximum allowable slope length of the contributing runoff and
maximum silt fence length.
|
Slope Length
|
Slope Length
(feet)
|
Silt Fence
(feet)
|
|---|---|---|
|
2:1 and steeper
|
20
|
125
|
|
3:1 to 2:1
|
40
|
250
|
|
5:1 to 3:1
|
60
|
500
|
|
10:1 to 5:1
|
100
|
750
|
|
50:1 to 10:1
|
125
|
1,000
|
|
Flatter than 50:1
|
300
|
Unlimited
|
(2)
Maximum drainage area may not exceed 1/2 acre per 100 feet of
silt fence.
(3)
Silt fence must be placed on or parallel to contours where there
is no concentration of water flowing to the silt fence and erosion
will occur in the form of sheet erosion. The area below the silt fence
must be undisturbed ground.
(4)
Silt fence material and installation complies with the standard
drawing.
G.
Plan implementation.
H.
Details and specifications for vegetative establishment for Standard
Plan.
(1)
Permanent seeding.
(a)
Seedbed preparation. The area to be seeded shall be loose and
friable to a depth of at least three inches. The top layer shall be
loosened by raking, disking or other acceptable means before seeding
occurs. For sites less than five acres, apply 100 pounds of dolomitic
limestone and 21 pounds of 10-20-20 fertilizer per 1,000 square feet.
Harrow or disk lime and fertilizer into the soil to a depth of at
least three inches on slopes flatter than 3:1.
(b)
Seeding. Apply five to six pounds per 1,000 square feet of seed
mix between February 1 and May 15 or between August 15 and October
31. Apply seed uniformly on a moist, firm seedbed with a cyclone seeded
drill, cultipacker seeder or hydroseeder (slurry includes seeds and
fertilizer, recommended on steep slopes only). Maximum seed depth
should be 1/4 inch in clayey soils and 1/2 inch in sandy soils when
using other than the hydroseeder method. Irrigate if soil moisture
is deficient to support adequate growth until vegetation is firmly
established. Select seed mixtures from Section 3, New York State Guidelines
for Urban Erosion and Sediment Control.
(c)
Mulching. Mulch shall be applied to all seeded areas immediately
after seeding. During the time periods when seeding is not permitted,
mulch shall be applied immediately after grading. Mulch shall be unrotted,
unchopped, small grain straw applied at a rate of two tons per acre
or 90 pounds per 1,000 square feet (two bales). If a mulch anchoring
tool is used, apply 2.5 tons per acre. Mulch materials shall be relatively
free of all kinds of weeds and shall be completely free of prohibited
noxious weeds. Spread mulch uniformly, mechanically, or by hand to
a depth of one inch to two inches.
(d)
Securing straw mulch. Straw mulch shall be secured immediately
following mulch applications to minimize movement by wind or water.
The following methods are permitted:
[1]
Use a mulch anchoring tool which is designed to
punch and anchor fabric-type mulch into the soil surface to a minimum
depth of two inches. This is the most effective method for securing
mulch; however, it is limited to relatively flat areas where equipment
can operate safely.
[2]
Wood cellulose fiber may be used for anchoring
straw. Apply the fiber binder at a net dry weight of 750 pounds per
acre. If mixed with water, use 50 pounds of wood cellulose fiber per
100 gallons of water.
[3]
Liquid binders may be used and applied heavier
at the edges where wind catches mulch, such as in valleys and on crests
of slopes. The remainder of the area should appear uniform after binder
application.
[4]
Lightweight netting may be used to secure mulch.
The netting will be stapled to the ground according to the manufacturer's
recommendations.
(3)
Fill. No fills may be placed on frozen ground. All fill is to
be placed in approximately horizontal layers, each layer having a
loose thickness of not more than eight inches. All fill in roadways
and parking areas is to be classified Type 2 compacted to 90% density;
compaction to be determined by ASTM D-1557-66T (Modified Proctor).
Any fill within the building area is to be compacted to a minimum
of 95% as determined by methods previously mentioned. Fills for pond
embankments shall be compacted as per the project engineer's
specifications. All other fills shall be compacted sufficiently so
as to be stable and prevent erosion and slippage.
(4)
Permanent sod. Installation of sod should follow permanent seeding
dates. Permanent sod is to be state-approved sod; lime and fertilizer
per permanent seeding specifications and lightly irrigate soil prior
to laying sod. Sod is to be laid on the contour with all ends tightly
abutting. Joints are to be staggered between rows. Water and roll
or tamp sod to ensure positive root contact with the soil. All slopes
steeper than 3:1, as shown, are to be permanently sodded or protected
with approved erosion control netting. Additional watering for establishment
may be required. Sod is not to be applied on frozen ground. Sod shall
not be harvested or transplanted when moisture content (dry or wet)
and/or extreme temperature may adversely affect its survival. In the
absence of adequate rainfall, irrigation should be performed to ensure
established sod.
NOTE: This plan does not preclude the applicant from meeting
all of the requirements for the New York State Guidelines for Urban
Erosion and Sediment Control.
I.
Construction design drawings/specifications.
(1)
Stabilized construction entrances.
(a)
Details.
|
Stabilized Construction Entrance Details
 |
(b)
Construction specifications.
[1]
Stone size. Use two-inch stone or reclaimed or
recycled concrete equivalent.
[2]
Length. Not less than 50 feet (except on a single
residence lot where a thirty-foot minimum length would apply).
[3]
Thickness. Not less than six inches.
[4]
Width. Twelve-foot minimum, but not less than the
full width at points where ingress or egress occurs; 24 feet if single
entrance to site.
[5]
Filter cloth. Will be placed over the entire area
prior to placing of stone.
[6]
Surface water. All surface water flowing or diverted
toward construction entrances shall be piped across the entrance.
If piping is impractical, a mountable berm with 5:1 slopes will be
permitted.
[7]
Maintenance. The entrance shall be maintained in
a condition which will prevent tracking or flowing of sediment onto
public rights-of-way. All sediment spilled, dropped, washed or tracked
onto public rights-of-way must be removed immediately.
[8]
When washing is required, it shall be done on an
area stabilized with stone and which drains into an approved sediment-trapping
device.
[9]
Periodic inspection and needed maintenance shall
be provided after each rain.
(2)
Silt fences.
(a)
Details.
|
Silt Fence Details
 |
(b)
Construction notes for fabricated silt fence.
[1]
Woven wire fence to be fastened securely to fence
posts with wire ties or staples.
[2]
Filter cloth to be fastened securely to woven wire
fence with ties spaced every 24 inches at top and mid-section.
[3]
When two sections of filter cloth adjoin each other
they shall be overlapped by six inches and folded.
[4]
Maintenance shall be performed as needed and material
removed when "bulges" develop in silt fence.
[5]
Posts: steel, either "T" or "U" type, or two-inch
hardwood.
[6]
Fence: woven wire, 14.5 ga., six inches maximum
mesh opening.
[7]
Filter cloth: Filter X, MIRAFI 100x, Stabilinka
T140N or approved equal.
[8]
Prefabricated unit: GeoFab, Envirofence or approved
equal.
(3)
Straw bale dikes.
(a)
Details.
|
Straw Bale Dike Details
 |
(b)
Construction specifications.
[1]
Bales shall be placed at the toe of a slope or
on the contour and in a row with ends tightly abutting the adjacent
bales.
[2]
Each bale shall be embedded in the soil a minimum
of four inches and placed so the bindings are horizontal.
[3]
Bales shall be securely anchored in place by either
two stakes or rebars driven through the bale. The first stake in each
bale shall be driven toward the previously laid bale at an angle to
force the bales together. Stakes shall be driven flush with the bale.
[4]
Inspection shall be frequent and repair or replacement
shall be made promptly as needed.
[5]
Bales shall be removed when they have served their
usefulness so as not to block or impede storm flow or drainage.
(4)
Check dams.
(a)
Details.
|
Check Dam Details
 |
(b)
Construction details.
[1]
Stone will be placed on a filter fabric foundation
to the lines, grades and locations shown on the plan.
[2]
Set spacing of check dams to assume that the elevation
of the crest of the downstream dam is at the same elevation of the
toe of the upstream dam.
[3]
Extend the stone a minimum of 1.5 feet beyond the
ditch banks to prevent cutting around the dam.
[4]
Protect the channel downstream of the lowest check
dam from scour and erosion with stone or liner as appropriate.
[5]
Ensure that channel appurtenances such as culvert
entrances below check dams are not subject to damage or blockage from
displaced stones.
(5)
Typical lot erosion and sediment controls.
|
Typical Lot Erosion and Sediment Control Detail
 |
J.
Certifications and permits.
(1)
Plan certification. The SWPPP shall be prepared by a certified professional in erosion sediment control (CPESC) or a certified professional in stormwater quality (CPSWQ) or a professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meets the requirements in this § 235-10.
(2)
Other environmental permits. The applicant shall assure that
all other applicable environmental permits have been or will be acquired
for the land development activity prior to approval of the final stormwater
design plan.
(3)
Contractor certification.
(a)
Each contractor and subcontractor identified in the SWPPP who
will be involved in soil disturbance and/or stormwater management
practice installation shall sign and date a copy of the following
certification statement before undertaking any land development activity:
"I certify under penalty of law that I understand and agree to comply
with the terms and conditions of the Stormwater Pollution Prevention
Plan. I also understand that it is unlawful for any person to cause
or contribute to a violation of water quality standards."
(b)
The certification must include the name and title of the person
providing the signature; address and telephone number of the contracting
firm; the address (or other identifying description) of the site;
and the date the certification is made.
(c)
The certification statement(s) shall become part of the SWPPP
for the land development activity.
(d)
As of June 1, 2008, all contractors must be certified by the
Town of Montgomery or, alternatively, must be under the direct supervision
of the certified professional who designed and certified the SWPPP.
(4)
A copy of the SWPPP shall be retained at the site of the land
development activity during construction from the date of initiation
of construction activities to the date of final stabilization.
All land development activities shall be subject to the following
performance and design criteria:
A.
Technical standards. For the purpose of this § 235-10, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this § 235-10:
(1)
The New York State DEC Stormwater Management Design Manual as
it now exists or as it may be amended, hereafter referred to as the
"Design Manual."
(2)
New York Standards and Specifications for Erosion and Sediment
Control (Empire State Chapter of the Soil and Water Conservation Society,
2004) as it now exists or as it may be amended, hereafter referred
to as the "Erosion Control Manual."
B.
Water quality standards. No land development activity shall cause
an increase in turbidity that will result in substantial visible contrast
to natural conditions in surface waters of the State of New York.
A.
Maintenance during construction.
(1)
The applicant or developer of the land development activity shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this § 235-10. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
(2)
The applicant or developer or its representative shall be on
site at all times when construction or grading activity takes place
and shall inspect and document the effectiveness of all erosion and
sediment control practices. Inspection reports shall be completed
every seven days and within 24 hours of any storm event producing
0.5 inch of precipitation or more. The reports shall be delivered
to the Stormwater Management Officer as soon as practical and also
copied to the site log book.
B.
Maintenance easement(s) and agreements. Prior to the issuance of any approval that includes a private stormwater management facility, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall include all reasonable terms to effect the purposes of this § 235-10 and shall provide for access to the facility at reasonable times for periodic inspection or for remedial work at the owner's sole expense by the person or entity responsible for the operation and maintenance and/or by the Town of Montgomery, or its duly authorized designee, to ensure that the facility is maintained in proper working condition to meet the design standards and any other provisions established by this chapter. The easement agreement shall be prepared and recorded by the grantor at its sole expense in the office of the County Clerk after approval by the Attorney for the Town of Montgomery.
C.
Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this § 235-10 shall be operated and maintained to achieve the goals of this § 235-10. Proper operation and maintenance also include, as a minimum, the following:
(1)
A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this § 235-10.
(2)
Written procedures for operation and maintenance and training
new maintenance personnel.
D.
Drainage districts. The Town, in its sole discretion, may elect to
create a drainage district per Article 12 or 12-A of the Town Law
of the State of New York. If the Town Board selects this option, such
district must be created prior to final approval of the project or,
if a subdivision, prior to the filing of the subdivision map with
the Orange County Clerk. Once such a district is created, the Town,
in its sole discretion, may consolidate one or more drainage districts
in accordance with the relevant provisions of the New York State Town
Law.
A.
Erosion and sediment control inspection.
(1)
The Town of Montgomery Stormwater Management Officer may require such inspections as necessary to determine compliance with this § 235-10, including all professional certifications, and may either approve that portion of the work completed or notify the applicant where the work fails to comply with the requirements of this § 235-10 and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Town of Montgomery Building Department at least 48 hours before any of the following as required by the Stormwater Management Officer:
(a)
Start of construction.
(b)
Installation of sediment and erosion control measures.
(c)
Completion of site clearing.
(d)
Completion of rough grading.
(e)
Completion of final grading.
(f)
Close of the construction season.
(g)
Completion of final landscaping.
(h)
Successful establishment of landscaping in public areas.
(2)
If any violations are found, the applicant and developer shall
be notified, in writing, of the nature of the violation and the required
corrective actions. No further work shall be conducted and no further
permits or approvals shall be granted, except for site stabilization,
until any violations are corrected and all work previously completed
has received approval by the Stormwater Management Officer. The reasonable
expenses of the Town's inspections shall be paid for by the owner
per the Town's Fee Schedule, as amended from time to time.[1]
[1]
Editor's Note: The Fee Schedule is included as an attachment to this chapter.
B.
Stormwater management practice inspections. The Town of Montgomery
Stormwater Management Officer is responsible for conducting inspections
of stormwater management practices (SMPs). All applicants are required
to submit "as built" plans for any stormwater management practices
located on site after final construction is completed. The plan must
show the final design specifications for all stormwater management
facilities and must be certified by a professional engineer or a CPSWQ
or a CPESC.
C.
Inspection of stormwater facilities after project completion. Inspection
programs shall be established on any reasonable basis, including,
but not limited to, routine inspections; random inspections; inspections
based upon complaints or other notice of possible violations; inspection
of drainage basins or areas identified as higher than typical sources
of sediment or other contaminants or pollutants; inspections of businesses
or industries of a type associated with higher than usual discharges
of contaminants or pollutants or with discharges of a type which are
more likely than the typical discharge to cause violations of state
or federal water or sediment quality standards or the SPDES stormwater
permit; and joint inspections with other agencies inspecting under
environmental or safety laws. Inspections may include, but are not
limited to, reviewing maintenance and repair records; sampling discharges,
surface water, groundwater, and material or water in drainage control
facilities; and evaluating the condition of drainage control facilities
and other stormwater management practices.
E.
Right of entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the maintenance easement and agreement described in § 235-10.8 above shall grant to the Town of Montgomery the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C above.
A.
Construction completion guarantee. In order to ensure the full and
faithful completion of all land development activities related to
compliance with all conditions set forth by the Town of Montgomery
in its approval of the stormwater pollution prevention plan, the Town
of Montgomery may require the applicant or developer to provide, prior
to final plan approval or as a condition of such approval, a cash
escrow, or an irrevocable letter of credit from an appropriate financial
or surety institution which guarantees satisfactory completion of
the project and names the Town of Montgomery or its designee as the
beneficiary. The security shall be in an amount to be determined by
the Town of Montgomery based on submission of final design plans,
with reference to actual construction and landscaping costs. The performance
guarantee shall remain in force until the surety is released from
liability by the Town of Montgomery, provided that such period shall
not be less than one year from the date of final acceptance or such
other certification that the facility(ies) has (have) been constructed
in accordance with the approved plans and specifications and that
a one-year inspection has been conducted and the facilities have been
found to be acceptable to the Town of Montgomery or to its designee.
Interest on cash escrow deposits shall not accrue to the stakeholder
except in exceptional circumstances.
B.
Maintenance guarantee. Where stormwater management and erosion and
sediment control facilities are to be operated and maintained by persons
or entities other than the Town of Montgomery, the developer, prior
to construction, may be required to provide the Town of Montgomery
with a cash escrow or an irrevocable letter of credit from an approved
financial institution or surety to ensure proper operation and maintenance
of all stormwater management and erosion control facilities both during
and after construction, and until the facilities are removed from
operation. If the developer or landowner fails to properly operate
and maintain stormwater management and erosion and sediment control
facilities, the Town of Montgomery or its duly authorized designee
may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs.
A.
Notice of violation. When the Town of Montgomery determines that a land development activity is not being carried out in accordance with the requirements of this § 235-10, it may issue a written notice of violation to the landowner and to any other responsible persons or entities. The notice of violation shall contain:
(1)
The name and address of the landowner and of the developer or
applicant, if other than the landowner.
(2)
The address, when available, or a description of the building,
structure or land upon which the violation is occurring.
(3)
A statement specifying the nature of the violation.
(4)
A description of the remedial measures necessary to bring the land development activity into compliance with this § 235-10 and a time schedule for the completion of such remedial action.
(5)
A statement of the criminal and civil penalty or penalties that
shall or may be assessed against the person and/or entity to whom
the notice of violation is directed.
B.
Stop-work orders. The Town of Montgomery may issue a stop-work order for violations of this § 235-10. Persons or entities receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Town of Montgomery confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this § 235-10.
C.
Violations. Any land development activity that is commenced or is conducted contrary to this § 235-10 may be restrained by injunction or otherwise abated in a manner provided by law, and a court may award the Town all of its reasonable attorney's fees and court costs in connection with such action or proceeding.
D.
Criminal penalties. In addition to or as an alternative to any other penalty provided herein or by law, any person who violates the provisions of this § 235-10 shall be guilty of a violation punishable by a fine not exceeding $350,00 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this § 235-10 shall be deemed misdemeanors and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
E.
Civil penalties.
(1)
In addition to or as an alternative to any other penalty provided herein or by law, and pursuant to the authority delegated to the Town of Montgomery under the provisions of Town Law § 135(1) and Municipal Home Rule Law § 10(4)b, a violation of any of the provisions of this § 235-10 may result in a civil penalty as follows:
(2)
Civil penalties may be imposed consecutively. Each week that a violation is found to have existed after service of the notice specified in Subsection A above shall constitute a separate, additional violation and may result in the imposition of a separate civil penalty.
(3)
Right to be heard prior to the imposition of any civil penalty.
No civil penalty shall be imposed under the provisions of this subsection
unless and until the responsible party or parties have been provided
with the opportunity to be heard and to present evidence in support
of any claim that such penalty should not be imposed in whole or in
part. The Town Board shall set forth by resolution the particular
procedures attendant to the particular case to ensure that due process
has been afforded the responsible party or parties. The Town Board
may, in its sole discretion, designate a hearing officer to conduct
such hearing, evaluate all of the evidence and submit a recommendation
to the Town Board prior to the imposition of any civil penalty.
F.
Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of this § 235-10, the Code Enforcement Officer may prevent the occupancy of said building or land.
G.
Restoration of lands. Any violator may be required to restore land
to its undisturbed condition. In the event that restoration is not
undertaken within a reasonable time after notice, the Town of Montgomery
may take necessary corrective action, the cost of which, including
all the Town's reasonable attorney's fees and other reasonable
expenses, shall become a lien upon the property and shall be collected
in the same manner as other Town taxes.
The Town of Montgomery may require any person undertaking land development activities regulated by this § 235-10 to reimburse the Town's reasonable costs for review of SWPPPs, inspections, or SMP maintenance performed by the Town of Montgomery or performed by a third party for the Town of Montgomery, all per the Town's Fee Schedule as amended from time to time.[1]
[1]
Editor's Note: The Fee Schedule is included as an attachment to this chapter.
A.
In all districts:
(1)
Accessory buildings, including garages, if detached from a main
building, shall be at least 10 feet from the main building.
(2)
A private garage may be constructed as a structural part of
a main building, provided that when so constructed the garage walls
shall be regarded as the walls of the main building in applying the
front, rear and side yard regulations of this chapter.
(3)
Accessory buildings, including private garages, shall not be
placed within a required front yard nor a required side yard.
(4)
An access driveway may be located within a required yard.
(5)
Required accessory off-street parking areas or truck loading
space shall not be encroached upon by buildings, open storage, or
any other use, except as specifically allowed on a limited basis as
specified by the Planning Board during the site plan approval process.
All such parking areas shall be provided with a turnaround so that
vehicles are not required to back out into a street, except where
otherwise specifically approved by the Planning Board for properties
having access to minor streets and/or Town streets or highways.
(6)
The storage of manure or odor- or dust-producing substances
as accessory uses shall not be permitted within 50 feet of any side
or rear lot line or within 100 feet of any front lot line.
(7)
The following provisions shall apply to all forms of animal
husbandry except for animals which are kept as household pets:
(a)
All shelters provided for livestock and fowl shall be at least
50 feet from any property line and 150 feet from front lot line, and
all shelters provided for fur-bearing animals shall be at least 100
feet from any property line, except that an existing shelter may remain
and be added to provided that the addition shall not encroach on a
required yard.
(b)
The disposal of animal wastes shall be provided for in such
a manner as to prevent any nuisance or sanitary problems.
(c)
The Building Inspector/Code Enforcement Officer shall issue
a violation under this chapter for inadequate fencing for the second
fence breach occurring for any one property within any one twelve-month
period where both such breaches are a result of inadequate construction
or maintenance of any portion of such fence.
(d)
A minimum lot size of three acres is required for general agricultural
uses, including one head of livestock, with an additional 1/2 acre
required for each additional head of livestock up to 10 acres. Properties
in excess of 10 acres have no limitations other than as elsewhere
set forth in this chapter and other than the requirement that all
farming practices be in accord with sound agricultural practices as
from time to time determined by the Building Inspector/Code Enforcement
Officer of the Town of Montgomery and/or by the New York State Department
of Agriculture and Markets.
(e)
All animals shall be contained by fence or restrained within
the boundaries of the owner's property.
B.
Accessory off-street parking areas shall not be placed within a required
front yard, or within a required side yard except for use by single-family,
two-family or townhouse lots including accessory dwelling units for
such uses.
C.
In residential districts, accessory off-street parking areas shall
not be placed within a required front yard, or within a required side
yard except for use by single-family, two-family or townhouse lots
including accessory dwelling units for such uses.
[Amended 10-6-2022 by L.L. No. 10-2022]
D.
Additionally, the area of each lot between the building site and
the public street must contain land that is usable for customary vehicular
access to and from the public street.
[Amended 4-18-2022 by L.L. No. 6-2022]
A.
In all districts, the lot frontage at the street line shall not be
less than 40 feet at any point between the front lot line and the
point at which the lot width is measured as elsewhere set forth in
this chapter, except in the RM-1 District where lot frontage at the
street line shall not be less than 20 feet for single-family attached
dwellings, except in a planned adult community (PAC) and/or in a clustered
subdivision where the lot frontage requirements shall be prescribed
by the Planning Board during the review of those types of projects.
Additionally, the area of each lot between the building site and the
public street must contain land that is usable for customary vehicular
access to and from the public street.
B.
For purposes of calculating minimum lot area or maximum lot coverage
for residential and nonresidential uses, or for calculating residential
density, the following areas shall be subtracted from the gross lot
area of a parcel:
(1)
Utility rights-of-way and designated streets. Fifty percent
of any land within easements or rights-of-way for overhead utilities
of 69 kilovolts or greater, or within a designated street line, shall
not be counted as part of any minimum lot area requirement.
(2)
Land under water (applicable prior to development). One hundred
percent of that portion of a lot subject to the following shall not
be counted as part of any minimum lot area requirement: ponds, freshwater
wetlands regulated by the Army Corps of Engineers; streams; and any
freshwater wetland regulated by the New York State Department of Environmental
Conservation.
(3)
Floodplains. Fifty percent of any land contained within the
100-year floodplain as designated on Federal Emergency Management
Agency maps shall not be counted as part of any minimum lot area requirement.
(4)
Steep slopes (applicable prior to development). Fifty percent
of the horizontal land area containing slopes with a grade in excess
of 25% and 100% of the horizontal land area containing slopes with
a grade in excess of 50%. Except as otherwise directed by a competing
provision herein, grades shall be measured utilizing contours vertically
separated by no more than two feet.
(5)
Rock outcrops (applicable prior to development). Fifty percent
of the horizontal area with rock outcrops larger than 50 square feet
each.
A.
Nothing herein contained shall restrict the height of agricultural
accessory buildings such as barns and silos or of the following accessory
structures: church spires, cupolas, domes, belfries, clock towers,
flagpoles, chimney flues, elevators or stair bulkheads, water tanks,
air-conditioning or heating units, stage towers or scenery lofts,
or similar roof-mounted rails, parapets, screens or structures, exclusive
of utility transmission lines, utility towers, radio towers, telecommunication
towers and television towers.
B.
No building or structure erected pursuant to Subsection A to a height in excess of the height limit for the district in which it is situated shall:
(1)
Have a lot coverage in excess of 10% of the lot area.
(2)
Be used for residence or tenancy purposes.
(3)
Have any sign, nameplate display or advertising device of any
kind whatsoever inscribed upon or attached to such building or structure.
(4)
Have a roof coverage in excess of 15% of the roof area.
A.
The following accessory structures may be located in any required
front or rear yard:
C.
Every part of a required yard shall be open to the sky unobstructed,
except for retaining walls and for accessory buildings in a rear yard,
and except for the ordinary projection of sills, belt courses, and
for ornamental features projecting not to exceed six inches. Cornices
and eaves shall not project more than 18 inches.
D.
Open or lattice-enclosed fireproof fire escapes or stairways required
by law projecting into a yard not more than four feet and the ordinary
projections of chimneys and pilasters shall be permitted by the Building
Inspector when placed so as not to obstruct light and ventilation.
E.
Where a lot extends through from street to street, the applicable
front yard regulations shall apply on both street frontages.
F.
In all residential agricultural and residential districts where 25%
of the buildings on the same side of a street as a proposed new building,
and within 200 feet thereof, have a front yard setback greater than
the minimum provided herein, then the minimum front yard setback shall
be equal to the average setback distance of the other buildings, but
in no event shall the required setback distance be greater than 10
feet more than the minimums provided in this chapter. This section
shall not apply to the required side yard on the street side of a
building.
G.
Front yard setback overlay district for various public highways in
all districts.
(1)
Unless a greater setback requirement is prescribed in the Table
of Dimensional Regulations for Residence and Agricultural Districts,
Row 5, and the Table of Dimensional Regulations for Business and Industrial
Districts, Row 6,[1] front yards abutting all county and state highways, Lake
Osiris Road, Berea Road, Barron Road, Neelytown Road, Goodwill Road,
Chandler Lane, Kings Hill Road, Stone Castle Road, North Drury Lane,
and Beaver Dam Road shall be at least 60 feet in depth, except where
the majority of existing primary structures on either side of the
road within 300 feet from the intersection of the nearest property
line and street line is of a lesser average depth. In such cases,
the front yard depth shall be 50 feet or the average of all lot depths
within said 300 feet, whichever is greater.
[1]
Editor's Note: Said tables are included as attachments to this chapter.
(2)
For all new development projects on property fronting on the
following public highways: Route 17K from the Town of Newburgh west
to the Village of Montgomery, Route 208 from the Village of Walden
south to Morrison Place and Route 747 from Route 17K south to the
Town of Newburgh, the portion of the front yards located within 55
feet of the center lines of such roads shall be landscaped. Private
service or marginal roads (except for access driveways) and parking
of vehicles shall not be permitted in these landscaped areas. The
fifty-five-foot dimension shall be extended to 65 feet for all properties
on Route 17K, Route 208 and Route 747 which lie within 350 feet of
the intersecting center lines of the following street intersections:
(a)
Route 208 and Route 17K.
(b)
Route 208 and Coleman Road.
(c)
Route 208 and Bracken Road.
(d)
Route 208 and Goodwill Road.
(e)
Route 208 and Bailey Road.
(f)
Route 208 and Route I-84 ramps.
(g)
Route 208 and Henry Henning Drive.
(h)
Route 208 and Neelytown Road (CR 99).
(i)
Route 17K and Bracken Road.
(j)
Route 17K and Berea Road and Barron Road.
(k)
Route 17K and Coldenham Road (CR 75).
(l)
Route 17K and Browns Road and Maple Avenue.
(m)
Route 17K and Stone Castle Road and Route 747.
(n)
Route 17K and North Drury Lane.
(o)
Route 208 and Hawkins Drive.
(p)
Route 17K and Bailey Road.
H.
A front
lot line and required front yard for property facing two or more streets
shall be all the lines and all of the yards fronting on said street.
The lot line and yard opposite one of the front lot lines shall be
the rear lot line and rear yard. For a lot that extends behind another
lot, the front yard shall be measured from both the public street
and, in addition thereto, from the common lot line between the front
and rear lots.
[Added 10-6-2022 by L.L. No. 10-2022]
A.
In all districts, the least horizontal dimension of an inner court
at its lowest level shall not be less than the larger of the following
two dimensions:
B.
In all districts, the least width of an outer court at its lowest
level shall not be less than the largest of the following three dimensions:
C.
In all districts, the horizontal depth of an outer court shall not
exceed 1 1/2 times its least width.
A.
In the layout of a development of garden apartments or other multifamily
houses on a lot or tract of land, a horizontal distance of not less
than 35 feet or 2/3 the height of the higher building, whichever is
the greater, shall be maintained between all main buildings and between
main buildings and major detached accessory buildings or groups of
accessory buildings, such as a garage compound having a ground coverage
equal to that of a principal building.
On a corner lot in any district within the triangular area determined
as provided in this section, no wall or fence or other structure (except
agricultural open wire fence) shall be erected to a height in excess
of two feet; and no vehicle, object or any other structure of a height
in excess of two feet shall be parked or placed; and no hedge, shrub
or other growth shall be maintained at a height in excess of two feet,
except those trees whose branches are trimmed away to a height of
at least 10 feet above the curb level or pavement level where there
is no curb shall be permitted. Such triangular area shall be determined
by two points, one on each intersecting pavement line, each of which
points is 50 feet from the intersection of such street lines.
A.
Statement of purpose. The requirements contained in this section
are designed to promote and protect the public health, to prevent
overcrowded living conditions, to guard against the development of
substandard neighborhoods, to conserve established property values,
and to contribute to the general welfare.
B.
Minimum schedule for floor area. Every dwelling or other building
devoted in whole or in part to a residential use which is hereafter
erected or converted to accommodate additional families shall provide
a minimum floor area per family on finished floors with clear ceiling
height of not less than seven feet and six inches in conformity with
the following schedule and with other provisions of this section.
The minimum stipulated herein shall be deemed to be exclusive of unenclosed
porches, breezeways, garage areas and basement and cellar rooms or
areas.
|
Type of Residence Building
|
Minimum Required Floor Area Per Family
(square feet)
|
|---|---|
|
Single- and two-family detached dwelling
|
900
|
|
Multiple dwelling
|
500
|
|
Accessory dwelling
|
400 square feet of heated living space or such greater minimum
area as may be required under applicable federal, state and local
laws, codes, rules and regulations; with a maximum of the lesser of
750 square feet of heated living space or 33.33% of the heated living
space of the primary residence
|
C.
First floor area of a dwelling. The minimum first floor enclosed
area of a dwelling, exclusive of garage or other accessory building,
shall be 750 square feet and its least overall dimension shall be
20 feet.
[Amended 10-6-2022 by L.L. No. 10-2022; 11-3-2022 by L.L. No. 13-2022]
A.
Purpose and intent. The purpose and intent of this section is to
promote the health, safety and general welfare of the public by prescribing
natural or landscaped transitional buffer areas for the purpose of
screening noise, vibration, odors and views of proposed land uses
from existing or future incompatible or unharmonious land uses of
varying intensity as well as from public roads.
B.
Buffers required. Prior to approving any subdivision, site plan or
special use permit, the Planning Board shall require buffers consistent
with this section, or in any other area deemed necessary and appropriate
by the Planning Board to serve the intent of this section.
C.
The provisions of this section shall not apply to a farm or agricultural
operation located in a New York State Agricultural District.
D.
Pavement of buffer prohibited. No buffer shall be paved or interrupted, except for access drives travelling approximately perpendicular (except as required pursuant to § 235-11.9K) to the buffer as necessary to access interior parts of the lot from outside of the lot. Such accesses shall be limited to the number and minimum width necessary to provide adequate and safe access. Utility connections shall be routed through areas not requiring buffers or proposed for access drives unless otherwise authorized by the Planning Board.
E.
Any usage of buffer not specifically authorized deemed prohibited.
The buffer area shall not be used for any principal or accessory use,
drainage, parking, or utilities including the overhang of parked vehicles,
storage of product of any kind, recreation or stormwater management
facilities. The Planning Board may permit rain gardens and other densely
planted stormwater management if same does not undermine the ability
to serve the intent of these provisions. Additionally, the Planning
Board may permit underground septic facilities and underground or
overhead utility connections through buffer areas, but shall require
such areas to be suitably landscaped after installation of such utilities
and maintain that landscaping on an ongoing basis to serve the intent
of these provisions.
F.
Declaration of restrictive covenant and maintenance agreement required.
The Planning Board may require a declaration of restrictive covenant
and maintenance agreement for any buffer of Grade C, D, or E, or in
any other instance in which it finds necessary to guarantee the protective
qualities of buffers on an ongoing basis. Any covenant or agreement
shall be prepared to the satisfaction of the Town and Planning Boards
upon advice of their respective attorneys.
G.
Determination of required buffers. In order to determine the type
of buffer required (if any) along each segment of exterior lot line
of a development site, the following steps shall be taken:
(1)
Identification of land use intensity classification of the proposed
development. Table 235-11.9-A[1] should be consulted to determine the land use intensity
classification for the principal use proposed for the site. Where
more than one principal use is proposed for the site, the highest
land use classification shall be assigned.
[1]
Editor’s Note: Said table is included as an attachment to this chapter.
(2)
Division of exterior lot line into segments. The exterior lot
line(s) of the subject site shall be divided into segments, so that
each segment divides the subject property from a single adjacent lot
or from an adjacent road. Where the adjacent lot is vacant, that segment
shall be further divided where the zoning district designation of
the adjacent lot changes along that segment (if applicable). Where
an accessory residence (such as a farmstead) exists on an adjacent
lot, the segment shall be further divided into the portion within
200 feet of the residence and the portion more than 200 feet from
the residence.
(3)
Identification of adjacent land use classifications and road
ownership. Table 235-11.9-A shall be consulted to determine the land
use intensity classification for the existing principal use of each
adjacent lot and assign it to the corresponding lot line segment.
Where more than one principal use exists on an adjacent lot, the lowest
land use classification for a principal use shall be assigned to the
corresponding lot line segment. Lot line segments within 200 feet
of an accessory residence shall be assigned land use classification
II. Where a segment is adjacent to a road, the ownership of the road
shall be noted.
(4)
Identification of required buffer grade. In order to determine
the buffer required (if any) along each segment of the project site
periphery, the column of Table 235-11.9-B[2] corresponding to the proposed land use intensity classification of the subject property as determined in § 235-11.9G(1) shall be consulted. The required buffer (if any) is determined by matching that column with the row corresponding to the land use classification or road ownership corresponding to each lot line segment as determined by § 235-11.9G(3). For segments adjacent to vacant land, the buffer grade shall be assigned based on the zoning of the vacant land.
[2]
Editor’s Note: Said table is included as an attachment to this chapter.
H.
Buffer design and dimensions. Required buffers are divided into five
grades: A through E. The required dimensions and suggested design
of each buffer grade is prescribed in Table 235-11.9-C[3] and are described hereafter:
(1)
Width: This is the minimum width of the required buffer for
a given segment.
(2)
Additional required yard: Where an additional required yard is prescribed in Table 235-11.9-C, the yards and setbacks required pursuant to § 235-4.3 shall be increased by the amount of the additional required yard as prescribed for that segment of the lot line. For example, if a particular lot requires a fifty-foot rear yard setback, and a fifty-foot additional required yard is required along a portion of the rear lot line, the required rear yard setback shall be increased to 100 feet from the rear lot line for that segment of the rear lot line. The Planning Board may reduce or eliminate any additional required yards for lots of less than two acres and may reduce any additional required yards for lots of less than 10 acres by up to 50% where it determines that imposition of the additional required yard would impose practical difficulties on the orderly development of the lot and where doing so is consistent with the intent of this section.
(3)
Density of plantings and suggested screening structures. The
Planning Board in consultation with its landscape architect, will
require retention, supplementation or removal and replacement of vegetation
and screening structures as is necessary to achieve the following
screening objectives for the prescribed grade of buffer. The number
of plantings and suggested types of screening structures described
in Table 235-11.9-C shall be deemed a suggested minimum design target
for achieving these objectives.
(a)
Grade A. Grade A buffers are intended to provide partial visual
screening.
(b)
Grade B. Grade B buffers are intended to provide significant
visual screening for persons standing at grade in proximity to the
property line, and modest screening from more distant or elevated
viewpoints.
(c)
Grade C. Grade C buffers are intended to provide substantial
visual screening from all viewpoints and modestly increased setbacks
to reduce perceptible noise, odor and vibration.
(d)
Grade D. Grade D buffers are intended to provide substantial
visual screening from all viewpoints and provide sound-mitigating
structures and substantially increased setbacks to reduce perceptible
noise, odor and vibration.
(e)
Grade E. Grade E buffers are intended to completely visually
screen a site from all viewpoints and provide sound-mitigating structures
and substantially increased setbacks to reduce perceptible noise,
odor and vibration.
(4)
Screening structures required. For Grade D and E buffers, the
Planning Board shall require screening structures of the types indicated
in Table 235-11.9-C, or equivalent alternative structures for the
purpose of further reducing visibility and sound, except where it
determines that such structures are not necessary to serve the intent
of this section.
[3]
Editor’s Note: Said table is included as an attachment to this chapter.
I.
Waiver for open undeveloped areas. Where only a portion of a lot
is proposed to be developed and any lot line is located more than
500 feet from areas proposed for construction or permanent use, the
Planning Board may waive the requirements to provide a buffer along
that lot line if it determines that the buffer is unnecessary to serve
the intent of this section due to the character of intervening lands
or other relevant extenuating circumstances.
J.
Special requirements relevant to proposed Tier X intensity classifications.
Any proposed land use that has a land use intensity classification
of X shall be required to meet the following additional requirements:
(1)
Access drives. Access drives shall incorporate winding routes,
fencing, berms and topography to screen direct views into the site
from any public right-of-way.
(2)
A screening structure meeting the Grade E requirements of Table
235-11.9-C shall be provided along all public rights-of-way. The Planning
Board, upon advice of its landscape architect, may permit a solid
hedge of evergreen vegetation in lieu of the screening structure,
but such hedge shall be subject to ongoing maintenance requirements
as are necessary to maintain its health over time.
K.
Context sensitivity of design. Landscape designs shall be in harmony
with the environmental context of the site. Preservation and appropriate
supplementation of native, on-site vegetation shall be a primary objective
of designing buffers. Where natural vegetation provides adequate buffering
to serve the intent of this chapter, it shall remain undisturbed,
with no removal of lower limbs or undergrowth except as required to
maintain the health and vigor of the vegetation. Where located adjacent
to overhead utility lines, no canopy trees shall be permitted. Supplemental
shrubs and understory vegetation will be required in place of canopy
trees at an amount determined by the Planning Board at the advice
of its landscape architect.
L.
Buffer location flexibility. The Planning Board may allow the buffer to be set back from and interior to the lot line of the site, at the limits of construction disturbance, the limits of permanent principal and accessory use of the site, or any point between or combination of the foregoing which will best serve the intent of this section. Where the buffer is set back from the property line, it shall generally meet buffer grade requirements for the closest lot line segment. Irrespective of the buffer location, additional required yards prescribed in § 235-11.9H(2) shall be measured from lot lines.
M.
Competing provisions. Various other sections of the zoning chapter
may prescribe screening or landscaping in areas of a site for which
this section also prescribes screening or landscaping. Unless otherwise
specifically indicated, standards for landscaping, fencing, screening
or buffering contained in other sections of this zoning chapter shall
not be deemed to supplant these requirements, nor shall these requirements
be deemed to supplant the requirements of other sections of this zoning
chapter, which shall be separately met. Where competing provisions
cannot be separately met, the Planning Board shall require that which
is most protective of the public health, safety and general welfare.
A private swimming pool shall not be located, constructed or
maintained on any lot or land area except in conformity with the following
requirements:
A.
Such a pool shall not be located in any required side yard or required
front yard.
B.
The entire portion of the premises upon which such a pool is located
shall be entirely enclosed with a good quality chain-link wire or
equally sturdy fence of not less than four feet in height with a maximum
vertical clearance to a grade of two inches.
C.
Every gate or other opening in the fence enclosing such a pool shall
be kept securely closed and locked at all times when said pool is
not in use. Such gate shall have a self-closing/self-latching mechanism.
D.
Such a pool shall not be less than 10 feet from side and rear lot
lines, and on lots with a width of 50 feet or less, the pool shall
be located midway between the side lot lines.
E.
If the water for such a pool is supplied from a private well, there
shall be no cross-connection with the public water supply system.
F.
If the water for such a pool is supplied from the public water supply
system, the inlet shall be above the overflow of said pool.
G.
Such a pool shall be constructed, operated and maintained in compliance
with the applicable provisions of the New York State Sanitary Code
relating to private swimming pools, and to the New York State Uniform
Fire Prevention and Building Code, as amended.
H.
No permit shall be granted for the installation or construction of
said swimming pool unless the plans of said pool shall meet the minimum
construction requirements of the municipality, and unless the Municipal
Engineer, or a licensed professional engineer of New York State, has
certified that the drainage of such a pool is adequate and will not
interfere with the public water supply system with existing sanitary
facilities or with the public streets.
I.
Underwater lighting and other electrical systems shall only be installed
in accordance with the provisions of the National Electrical Code
for such lighting and systems.
These uses, permitted in all districts in addition to other
permitted, special exception or accessory uses on the same lot, consist
of water and sewer pump stations, electric distribution boxes, "hand
holds," telephone distribution boxes and subscriber loop carriers.
A.
Such facilities must be located on private property and at least
20 feet off the traveled way and center line of a drainageway adjacent
to a public road.
B.
Such facilities shall be at least five feet from a side or rear lot
line.
C.
Site plan approval shall be required, and the applicant may be required
to establish appropriate screening as directed by the approval agency.
D.
All such uses shall be located at least 125 feet from the point at
which center lines of two or more streets intersect.
E.
Should such uses be proposed during the normal subdivision or site
plan approval process for a principal permitted use, approval may
be granted by the Planning Board during such process and no separate
application to the Planning Board shall be required.
F.
Such uses shall not include underground water, sewer, gas, electric,
cable TV or telephone lines required to serve as distribution lines
for adjacent parcels, nor shall they include utility distribution
poles or light poles which may be located within public rights-of-way
subject to the Highway Department or local legislative body having
jurisdiction.
A.
Purpose and intent.
(1)
Solar energy is a renewable and nonpolluting resource that can
prevent fossil fuel emissions and reduce a municipality's energy
load. Energy generated from solar energy systems can be used to offset
energy demand on the grid where excess solar power is generated.
(2)
The use of solar energy equipment for the purpose of providing
electricity and energy for heating and/or cooling is a priority and
is a necessary component of the Town of Montgomery's current
and long-term sustainability needs.
(3)
This section aims to promote the accommodation of solar energy
systems and equipment and to balance the potential impact on neighbors
when solar collectors may be installed near their property while preserving
the rights of property owners to install solar energy systems without
excess regulation. In particular, this legislation is intended to
apply to all rooftop, building-mounted, ground-mounted, and pole-mounted
solar energy system installations.
B.
ALTERNATIVE ENERGY SYSTEMS
BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEMS
COLLECTIVE SOLAR
DUAL-USE SOLAR SYSTEM
FLUSH-MOUNTED SOLAR PANEL
FREESTANDING OR GROUND-MOUNTED SOLAR ENERGY SYSTEM
GLARE
NET-METERING
PERMIT GRANTING AUTHORITY
PHOTOVOLTAIC (PV) SYSTEMS
QUALIFIED SOLAR INSTALLER
ROOFTOP OR BUILDING-MOUNTED SOLAR SYSTEM
SETBACK
SMALL-SCALE SOLAR
SOLAR ACCESS
SOLAR COLLECTOR
SOLAR ENERGY EQUIPMENT/SYSTEM
SOLAR PANEL
SOLAR STORAGE BATTERIES
SOLAR STORAGE BATTERY
SOLAR-THERMAL SYSTEMS
UTILITY-SCALE SOLAR
Definitions. As used in § 235-11.12, the following terms shall have the meanings indicated, unless the context or subject matter requires otherwise. The definitions contained in § 235-3 shall also apply.
Structures, equipment, devices or construction techniques
used for the production of heat, light, cooling, electricity or other
forms of energy on site and may be attached to or separate from the
principal structure.
A solar energy system that consist of integrating photovoltaic
modules into the building structure, such as the roof or the facade
and which does not alter the relief of the roof.
Solar installations owned collectively through subdivision
homeowners' associations, college student groups, "adopt-a-solar-panel"
programs, or other similar arrangements.
A configuration where solar energy generation and agricultural
production (crops, livestock and livestock products and activities
as defined by the Agriculture and Markets Law) are directly integrated
within the same land.
[Added 10-6-2022 by L.L. No. 11-2022]
A photovoltaic panel or tile that is installed flush to the
surface of a roof and which cannot be angled or raised.
A solar energy system that is directly installed in the ground and is not attached or affixed to an existing structure. Pole-mounted solar energy systems shall be considered freestanding or ground-mounted solar energy systems for purposes of § 235-11.12.
The effect produced by reflections of light in intensity
sufficient to cause annoyance, discomfort, or loss in visual performance
and visibility.
A billing arrangement that allows solar customers to get
credit for excess electricity that they generate and deliver back
to the grid so that they only pay for their net electricity usage
at the end of the month.
The Town of Montgomery Building Department, which is charged
with granting permits for the operation of solar energy systems.
A solar energy system that produces electricity by the use
of semiconductor devices, called "photovoltaic cells," that generate
electricity whenever light strikes them.
A person who has skills and knowledge related to the construction
and operation of solar electrical equipment and installation and has
received safety training on the hazards involved. Persons who are
on the list of eligible photovoltaic installers maintained by the
New York State Energy Research and Development Authority (NYSERDA),
or who are certified as a solar installer by the North American Board
of Certified Energy Practitioners (NABCEP), shall be deemed to be
qualified solar installers for the purposes of this definition. Persons
who are not on NYSERDA's list of eligible installers or NABCEP's
list of certified installers may be deemed to be qualified solar installers
if the Town Building Inspector or such other Town officer or employee
as the Town Board designates determines such persons have had adequate
training to determine the degree and extent of the hazard and the
personal protective equipment and job planning necessary to perform
the installation safely. Such training shall include the proper use
of special precautionary techniques and personal protective equipment,
as well as the skills and techniques necessary to distinguish exposed
energized parts from other parts of electrical equipment and to determine
the nominal voltage of exposed live parts.
A solar power system in which solar panels are mounted on
top of the structure of a roof either as a flush-mounted system or
as modules fixed to frames which can be tilted toward the south at
an optimal angle.
The distance from a front lot line, side lot line, or rear
lot line of a parcel within which a freestanding or ground-mounted
solar energy system is installed.
Solar energy equipment/systems that are designed to produce
up to 10 kilowatts (kW) per hour of power and built to provide power
for use by owners, lessees, tenants, residents or other occupants
of the premises on which they are erected, and not intended for wholesale
or retail sale of electricity.
Space open to the sun and clear of overhangs or shade including
the orientation of streets and lots to the sun so as to permit the
use of active and/or passive solar energy systems on individual properties.
A solar photovoltaic cell, panel, or array, or solar hot
air or water collector device, which relies upon solar radiation as
an energy source for the generation of electricity or transfer of
stored heat.
Solar collectors, controls, energy storage devices, heat pumps, heat exchangers, and other materials, hardware or equipment necessary to the process by which solar radiation is collected, converted into another form of energy, stored, protected from unnecessary dissipation and distributed. Solar systems include solar thermal, photovoltaic and concentrated solar. For the purposes of § 235-11.12, a solar energy system does not include any solar energy system of four square feet in size or less.
A device for the direct conversion of solar energy into electricity.
A battery attached to any type of solar energy system for
the purpose of storing energy.
A device that stores energy from the sun and makes it available
in an electrical form.
Solar thermal systems directly heat water or other liquid
using sunlight. The heated liquid is used for such purposes as space
heating and cooling, domestic hot water, and heating pool water.
Energy generation facility or area of land principally used
to convert solar energy to electricity, whether by photovoltaics,
concentrating solar thermal devices or various experimental solar
technologies, with the primary purpose of wholesale or retail sales
of electricity for off-site customers or consumption. A utility-scale
solar facility is not to be construed as a public utility for purposes
of the Zoning Law of the Town of Montgomery.
C.
Applicability.
(1)
The requirements of § 235-11.12 shall apply to all solar energy systems and equipment installations modified or installed after the effective date of this chapter.
(2)
Solar energy system installations for which a valid building
permit has been issued or, if no building permit is presently required,
for which installation has commenced before the effective date of
this chapter shall not be required to meet the requirements of this
chapter. Further, the provisions of this chapter shall not apply to
any application pending before the Town of Montgomery Planning Board
which includes any solar energy equipment/system and/or solar panel
for which a Planning Board public hearing has been duly noticed and
opened by the Planning Board. Otherwise, the provisions of this chapter
shall apply to all other applications filed with the Town of Montgomery
which include any solar energy equipment/system and/or solar panel.
(3)
All solar energy systems shall be designed, erected and installed
in accordance with all applicable codes, regulations and industry
standards as referenced in the State Building Code and the Town Code.
(4)
Solar collectors, unless part of a utility-scale solar facility,
shall be permitted only to provide power for use by owner, lessees,
tenants, residents, or other occupants of the premises on which they
are erected, but nothing contained in this provision shall be construed
to prohibit "collective solar" installation or the sale of excess
power through a "net billing" or "net-metering" arrangement in accordance
with New York Public Service Law § 66-j or similar state
or federal statute.
D.
Small-scale solar facility regulations.
(1)
No small-scale solar energy system or device shall be installed or operated in the Town except in compliance with § 235-11.12D.
(2)
Rooftop and building-mounted solar collectors. Rooftop and building-mounted
solar collectors are permitted in all zoning districts in the Town
subject to the following conditions:
(a)
Building permits shall be required for installation of all rooftop
and building-mounted solar collectors.
(b)
Rooftop and building-mounted solar collectors shall not exceed
the maximum allowed height of the principal use in any zoning district.
(c)
In order to ensure firefighter and other emergency responder
safety, except in the case of accessory buildings under 1,000 square
feet in area, there shall be a minimum perimeter area around the edge
of the roof and structurally supported pathways to provide space on
the roof for walking around all rooftop and building-mounted solar
collectors.
[2]
Exceptions to these requirements may be requested
where access, pathway or ventilation requirements are reduced to:
[a]
Unique site-specific limitations;
[b]
Alternative access opportunities (as from adjoining
roofs);
[c]
Ground level access to the roof area in question;
[d]
Other adequate ventilation opportunities when approved
by the Town Building Inspector;
[e]
Adequate ventilation opportunities afforded by
panel set back from other rooftop equipment (for example, shading
or structural constraints may leave significant areas open for ventilation
near HVAC equipment);
[f]
Automatic ventilation device; or
[g]
New technology, methods, or other innovations that
ensure adequate emergency responder access, pathways and ventilation
opportunities.
(3)
Building-integrated photovoltaic (BIPV) systems. BIPV systems
are permitted in all zoning districts and shall be shown on the plans
submitted for the building permit application for the building containing
the system.
(4)
Freestanding or ground-mounted solar energy systems. Freestanding
or ground-mounted solar collectors are permitted as accessory structures
in all zoning districts of the Town subject to the following conditions:
(a)
Building permits are required for the installation of all ground-mounted
and freestanding solar collectors;
(b)
In all residential zoning districts, including mobile home parks,
the minimum setback for small-scale freestanding or ground-mounted
solar energy shall meet the applicable setback requirements for accessory
structures for the applicable residential zoning district;
[Amended 10-6-2022 by L.L. No. 11-2022]
(c)
In all residential zoning districts, including mobile home parks
small-scale freestanding or ground-mounted solar energy systems may
only be installed in a rear yard or side yard, unless the landowner
can demonstrate that it is only practical to locate the system in
the front yard and that such system can be appropriately screened
from neighboring properties as determined by the Planning Board;
[Amended 10-6-2022 by L.L. No. 11-2022]
(d)
In all commercial, interchange, and industrial zoning districts, the minimum setback for small-scale freestanding or ground-mounted solar energy systems shall be 100% of the applicable setback requirements for accessory structures for the applicable commercial, interchange, or industrial zoning district, subject to the more restrictive front yard setback set forth in § 235-11.12D(4)(e);
(e)
In all business and industrial zoning districts, small-scale,
freestanding or ground-mounted solar energy systems may be installed
in the rear, side, or front yard; however, such systems may be installed
in the front yard with a minimum setback of 50 feet except that in
the RA-0.5 and I-1 Zoning Districts, the front yards shall be the
same as the minimum amounts required for said zone and in the RA-1
Zoning District the front yard requirement shall be the same as the
most restrictive amount provided in the applicable bulk table;
[Amended 10-6-2022 by L.L. No. 11-2022]
(f)
The setback requirements shall be measured from the closest
point of any part of the solar energy equipment to the property line,
including, but not limited to, the solar panel surface or any appurtenant
equipment;
(g)
The height of the solar collector and any mounts shall not exceed
20 feet when oriented at maximum tilt;
(h)
Ground-mounted and freestanding solar collectors shall be screened
from adjoining lots and street rights-of-way through the use of screening
devices such as architectural features, earth berms, landscaping,
fencing, or other screening which will harmonize with the character
of the property and surrounding area. The proposed screening shall
not interfere with normal operation of the solar collectors;
(i)
Solar energy equipment shall be located in a manner to reasonably
minimize view blockage for surrounding properties and shading of property
to the north, while still providing adequate solar access for collectors;
(j)
Solar energy equipment shall not be sited within any required
buffer area, or open lands included as part of a cluster subdivision
pursuant to the Town of Montgomery Zoning Law;
(k)
The total surface area of all ground-mounted and freestanding solar collectors on a lot shall not exceed the area of the ground covered by the building structure of the largest building on the lot measured from the exterior walls, excluding patios, decks, balconies, screened and open porches and attached garages, provided that nonresidential placements exceeding this size may be approved by the Planning Board, subject to site plan review pursuant § 235-16.5;
(5)
Solar-thermal systems. Solar-thermal systems are permitted in
all zoning districts subject to the following conditions:
(a)
Building permits are required for the installation of all solar-thermal
systems;
(b)
Ground-mounted and freestanding solar-thermal systems shall be subject to the same requirements set forth in § 235-11.12D(4) above as for ground-mounted and freestanding solar collectors.
(7)
Solar collectors and related equipment shall be surfaced, designed
and sited so as not to reflect glare onto adjacent properties and
roadways.
E.
Small-scale solar facility safety and removal.
(1)
All solar collector installations must be performed by a qualified
solar installer.
(2)
Prior to operation, electrical connections must be inspected
by a Town Code Enforcement Officer and by an appropriate electrical
inspection person or agency, as determined by the Town.
(3)
Any connection to the public utility grid must be inspected
by the appropriate public utility.
(4)
Solar energy systems shall be maintained in good working order.
(5)
Rooftop and building-mounted solar collectors shall meet New
York's Uniform Fire Prevention and Building Code standards.
(6)
If solar storage batteries are included as part of the solar
collector system, they must be placed in a secure container or enclosure
meeting the requirements of the New York State Building Code when
in use and when no longer used shall be disposed of in accordance
with the laws and regulations of the Town and other applicable laws
and regulations.
(7)
If the use of small scale solar equipment/system ceases for
more than 12 consecutive months, the property owner shall remove the
collector, mount and associated equipment by no later than 90 days
after the end of the twelve-month period.
(8)
Solar energy systems and equipment shall be marked in order to provide emergency responders with appropriate warning and guidance with respect to isolating the solar electric system. Materials used for marking shall be weather resistant. For residential applications, the marking may be placed within the main service disconnect. If the main service disconnect is operable with the service panel closed, then the marking should be placed on the outside cover. For commercial application, the marking shall be placed adjacent to the main service disconnect in a location clearly visible from the location where the lever is operated. In the event any of the standards in this § 235-11.12E(8) for markings are more stringent than applicable provisions of the New York State Uniform Fire Prevention and Building Code (the "State Code"), they shall be deemed to be guidelines only and the standards of the State Code shall apply.
F.
Utility-scale solar facility regulations.
(1)
Applicability.
(a)
A special use permit and site plan review by the Planning Board
shall be required for all utility-scale solar energy systems.
(b)
In order to promote innovative design and encourage the inclusion
of alternative energy systems within the overall design of a building,
solar energy systems determined by the Code Enforcement Officer to
be building-integrated photovoltaic (BIPV) systems, as defined herein,
are exempt from the requirements of this section. BIPV systems are
still required to meet applicable building codes and obtain all necessary
permits. The Code Enforcement Officer may request assistance from
the Planning Board to determine whether a solar energy system should
be considered a BIPV system.
(2)
Applications, permits and approvals required and applicable
zoning district.
(a)
Utility-scale solar facilities are permitted especially in all zoning districts in the Town of Montgomery except for land areas in residential or agricultural zoning districts where more than 30% of land to be disturbed by the solar energy system has been classified as having NRCS Class I or Class II soils, unless said system is classified as a dual-use system in which event this restriction shall not apply, and subject to compliance with the application review and approval process set forth in § 235-11.12F in compliance with all other applicable Town, state and/or federal requirements.
[Amended 10-6-2022 by L.L. No. 11-2022]
[1]
Utility-scale solar facilities shall be sited to
avoid productive farmland, steep slopes, ridgelines, wetlands and
may not be erected on lands that are permanently designated as open
space. In connection with its analysis of productive farmland, the
Planning Board shall require the soil types and classifications, such
as "prime" and "lands of importance," and current agricultural uses
be provided. For the purpose of this chapter, productive farmland
shall be analyzed against the following uses provided in their order
of importance to the Town:
[2]
Utility-scale solar facilities shall not be permitted
within 10 feet of any ridgelines of slopes exceeding 15%. Said slope
shall be determined by a slope analysis plan that shall be prepared
by the applicant and/or owner at the direction of the Planning Board
Engineer. The slope analysis plan shall identify all slopes on the
project site and shall calculate an average slope of the project site.
A project site shall be defined as the area where construction is
proposed. A "ridgeline" shall be defined as an edge or shelf formed
below a ridge top by the intersection of a hillside that has an average
slope of at least 15% over an increase in elevation of at least 20
feet with land with a slope of less than 10% or by land that slopes
in the opposite direction. "Ridge top" shall be defined as the crest
of a long hill that has at least one side with an average slope of
at least 15% over an increase in elevation of at least 20 feet.
[3]
All applications for utility-scale solar energy
systems shall be accompanied by an application for special use permit
and site plan review, and all applicable fees as may be established
by Town Board resolution. Both site plan and special use permit reviews
and approvals are required. The Planning Board shall, however, concurrently
review the site plan and special use permit applications.
(b)
The Town shall require any applicant to pay all associated costs
for any application review, including but not limited to engineering,
legal, environmental, planning, and the review required under SEQRA.
(c)
In the event an owner or developer of a utility-scale solar
facility provides written notification pursuant to New York Real Property
Tax Law § 487(9)(a) to any taxing jurisdiction of its intent
to construct such utility-scale solar facility, the Planning Board
shall simultaneously be provided a copy of such notification by such
owner or developer as part of any special use permit and site plan
application hereunder, and in such event, the special use permit and
site plan application shall not be complete until such written notification
is provided to the Planning Board. The owner or developer must also
provide a copy of such written notification under New York Real Property
Tax Law § 487(9)(a) to the Town Clerk and to the Town Board.
Said written notification shall not be deemed submitted as required
to effectuate notice pursuant to New York Real Property Tax Law § 487
(9)(a) unless the written notice references the correct owner and
associated address and section block and lot parcel number. It is
the intent of the Town of Montgomery to require a contract for payment
in lieu of taxes for all utility-scale solar facilities. The PILOT
yearly payment amount may be set by Town Board resolution and shall
be determined and approved by the Town Board for each project.
(d)
All applications for utility-scale solar energy systems shall
include the following:
[1]
A completed application form, which shall expressly
state that all utility-scale solar facilities shall be subject to
an agreement for payment in lieu of taxes to the Town of Montgomery.
[2]
Plans and drawings of the solar energy system installation
signed by a professional engineer registered in New York State showing
the proposed layout of the entire solar energy system along with a
description of all components, whether on site or off site, existing
vegetation and proposed clearing and grading of all sites involved.
Clearing and/or grading activities are subject to review by the Planning
Board and shall not commence until the issuance of site plan approval.
[3]
An electrical diagram detailing the solar energy
system installation, associated components, and electrical interconnection
methods, with all disconnects and overcurrent devices identified.
[4]
Documentation of access to the project site(s),
including location of all access roads, gates, and parking areas.
[5]
A land grading and vegetation clearing plan, and
a cut and fill analysis plan, shall be prepared. Existing on-site
vegetation designated to be utilized as screening shall be preserved
to the maximum extent possible and shall be diligently maintained
to protect its vitality. Site plans shall be developed to provide,
to the maximum extent possible, for the preservation of natural vegetation
in large unbroken blocks that also allows for contiguous vegetated
spaces to be established when adjacent parcels are developed. In addition,
for dual-use systems, a farm plan shall be prepared by a qualified
agricultural expert that is deemed acceptable by the Planning Board.
This plan shall adequately demonstrate the feasibility of an agricultural
operation within the area of the solar array infrastructure including
the use of and access necessary to provide water, labor and equipment
necessary to facilitate such dual-use system.
[Amended 10-6-2022 by L.L. No. 11-2022]
[6]
A stormwater, erosion, and slope analysis of the
land shall be required to be assessed by a New York State licensed
professional engineer for the site and any road used to access the
site. The applicant shall comply with the State Pollutant Discharge
Elimination System guidelines. A SWPPP (stormwater pollution prevention
plan) shall be prepared as per NYSDEC requirements to detail stormwater
runoff management and erosion control plans for the site, and all
local stormwater regulations shall be complied with.
[7]
Documentation of utility notification, including
an electric service order number.
[8]
Decommissioning plan and description of financial
surety that satisfies the Town that all required improvements shall
be made for utility-scale systems only. For all utility-scale solar
energy systems, the applicant shall submit a decommissioning plan
for review and approval as part of the special use permit application.
The decommissioning plan shall identify the anticipated life of the
project, method and process for removing all components of the solar
energy system and returning the site to its preexisting condition,
and estimated decommissioning costs, including any salvage value.
[9]
Photo simulations shall be included showing the
proposed solar energy system in relation to the building/site along
with elevation views and dimensions, and manufacturer's specifications
and photographs of the proposed solar energy system, solar collectors,
and all other components.
[10]
Part I of the Full Environmental Assessment Form
completed and signed.
[11]
Details of the proposed noise that may be generated
by inverter fans. The Planning Board may require a noise analysis
to determine potential adverse noise impacts.
[12]
Compliance with all of the general standards for
all special use permits and site plan approvals as set forth elsewhere
in this chapter.
(3)
General provisions. All applications for utility-scale solar
energy systems shall be in accordance with the following:
(a)
All utility-scale solar energy systems shall adhere to all applicable
Town of Montgomery building, plumbing, electrical, and fire codes.
(b)
A utility-scale solar energy system shall not occupy greater
than 45% of the total acreage of the parent parcel or 80% for dual-use
systems in all residential, business and industrial zones with a maximum
of 20 acres of solar panel systems on any one parcel, unless such
system is a dual-use solar system in which instance the maximum will
be 40 acres. A parent parcel shall not be subdivided to create independent
lots for the purpose of proposing more than one utility-scale energy
system unless such a system is a dual-use solar system and the Planning
Board finds that based upon the evidence submitted the subdivision
is necessary to achieve agricultural productivity of such a dual-use
solar system. For any system, the percentage of total acreage that
is appropriate shall be determined by the Planning Board based upon
the specific type of solar farm being proposed. The percentage of
lot coverage for utility solar shall be measured based upon the perimeter
of the total fenced in area that the solar equipment is situated and
will not include any required setbacks or buffers and shall not be
based on each individual panel and/or equipment. If such system is
a dual-use solar system, the percentage of lot coverage will be based
upon the area upon which the solar equipment is situated, not including
the area between the solar equipment and perimeter fence.
[Amended 10-6-2022 by L.L. No. 11-2022]
(c)
Development and operation of a solar energy system shall not
have a significant adverse impact on fish, wildlife, or plant species
or their critical habitats, or other significant habitats identified
by the Town of Montgomery or other federal or state regulatory agencies.
Applicants shall use the adopted Town of Montgomery Comprehensive
Plan, along with other site information, to identify and describe
how the proposed utility-scale solar energy system shall avoid or
mitigate adverse impacts to these resources. Lands which have the
highest ecological values as evidenced by large, contiguous areas
of forest, undisturbed drainage areas, wetlands, or NYSDEC-identified
critical habitats or rare plant and animals populations shall be avoided.
(d)
In all zoning districts, the minimum setback for any component
of the utility-scale solar energy system shall be as follows:
[1]
Front yard, a minimum setback of 50 feet must be
maintained from the front property line in all zoning districts.
[Amended 10-6-2022 by L.L. No. 11-2022]
[2]
Rear and side yard, 100% of the applicable setback
requirements for primary structures for the applicable zoning district
must be maintained.
(e)
Any site containing a utility-scale solar energy system shall
be enclosed by perimeter fencing at a height of seven feet to restrict
unauthorized access, and if such system is a dual-use solar system,
the height of the perimeter fencing may be increased as necessary
to protect the agricultural component of the project. If such a system
is a dual-use solar system, all setback areas can be included within
the perimeter fence to ensure efficient agricultural operations. For
utility-scale systems, said fencing shall incorporate adequate wildlife
openings for smaller mammals and rodents to pass.
[Amended 10-6-2022 by L.L. No. 11-2022]
(f)
Previously cleared or disturbed areas are preferred locations
for solar panel arrays. Additional land clearing of trees that are
six inches in diameter at breast height or greater to accommodate
a proposed utility-scale solar energy facility may be permitted, subject
to the following conditions:
[1]
Clearing of trees covering an area of 15% of total
lot acreage for utility-scale systems and 25% for dual-use systems
may be completed without mitigation except that such tree clearing
shall not apply to any screening requirements imposed by the Planning
Board and the Planning Board retains full authority to require buffering
and/or screening on such properties as it deems necessary or as required
by the Town Code.
[Amended 10-6-2022 by L.L. No. 11-2022]
[2]
Clearing of trees covering an area in excess of
15% of the total parcel acreage but no more than 25% of the total
parcel acreage for utility and 25% of the total parcel acreage for
dual-use systems may be completed provided that the excess acreage
cleared shall be offset by planting trees of an equivalent variety
and coverage on the same lot and/or adjacent lot under common ownership.
The percentage of tree clearing shall be determined by the Planning
Board and shall be based upon the percentage necessary to conduct
the particular type of solar farm being proposed. If offsetting tree
planting occurs, the Planning Board may impose restrictions on future
clearing of trees on the subject lot(s) as deemed appropriate.
[Amended 10-6-2022 by L.L. No. 11-2022]
[3]
The clearing of any tree listed on the New York
State Big Tree Register maintained by the New York State Department
of Environmental Conservation is prohibited.
(g)
Vegetation shall be maintained below the arrays. All solar facilities
must follow herbicide protocol as determined and set by the Town Planning
Board. Such herbicide policy shall be applied on a fact-specific basis
as determined by the Town Planning Board.
(h)
The solar facility, including any proposed off-site infrastructure,
shall be located and screened in such a way as to avoid to the maximum
extent possible visual impacts as viewed from i) publicly dedicated
roads and highways; and/or ii) existing residential dwellings located
on nearby parcels, including, but not limited to, contiguous parcels,
adjacent parcels and/or parcels located across a street, road, or
public right-of-way from the solar facility. A berm, landscape screen,
or other opaque enclosure, or any combination thereof acceptable to
the Town that is capable of screening the site to the maximum extent
possible from the aforementioned view sites, shall be provided. All
solar facilities shall be situated on the parent parcel such that
it allows for maximum screening possibilities. All landscaping for
screening purposes shall be installed after a rough grading of the
project site has been completed and shall be maintained at all times
during and after the construction phase.
(i)
The design, construction, operation, and maintenance of any
solar energy system shall prevent the misdirection and/or reflection
of solar rays onto neighboring properties, public roads, and public
parks in excess of that which already exists.
(j)
All structures and devices used to support solar collectors
shall be nonreflective and/or painted a subtle or earth-tone color
to aid in blending the facility into the existing environment.
(k)
All transmission lines and wiring associated with a solar energy
system shall be buried and include necessary encasements in accordance
with the National Electric Code and Town requirements. The Planning
Board may recommend waiving this requirement if sufficient engineering
data is submitted by the applicant to demonstrate that underground
transmission lines are not feasible or practical. Financial or economic
hardship shall not be considered in determining feasibility or practicality
of placing lines or wiring underground. The applicant is required
to show the location of all proposed overhead and underground electric
utility lines, including substations and junction boxes and other
electrical components, for the project on the site plan. All transmission
lines and electrical wiring shall be in compliance with the utility
company's requirements for interconnection.
(l)
Artificial lighting of solar energy systems shall be limited
to lighting required for safety purposes and shall be shielded from
all neighboring properties and public roads.
(m)
Any signage used to advertise the solar energy facility shall
be in accordance with the Town's signage regulations. The manufacturers
or installer's identification and appropriate warning signage
shall be posted at the site and clearly visible.
(n)
The average height of the solar panel arrays shall not exceed
20 feet.
(o)
The parcel on which the utility-scale solar energy system is
proposed shall have adequate frontage on a public roadway, and access
to the solar energy system must be located on the same parcel.
(p)
Following construction of a utility-scale ground-mounted solar
energy system, all distributed areas where soil has been exposed shall
be reseeded with grass and/or planted with low-level vegetation capable
of preventing soil erosion and airborne dust.
(q)
Special use permits granted for utility-scale solar energy systems shall be assignable or transferable to future landowners of that system on the approved parcel so long as they are in full compliance with § 235-11.12 and all conditions of the special use permit, and the Code Enforcement Officer is notified of the property transfer at least 15 days prior thereto.
(r)
Any post-construction changes or alterations to the solar energy
system shall be done by amendment to the special use permit and site
plan approval, and subject to the requirements of this chapter.
(s)
After completion of a utility-scale solar energy system, the
applicant shall provide a post-construction certification from a professional
engineer registered in New York State that the project complies with
applicable codes and industry practices and has been constructed and
is operating according to the design plans. The applicant shall further
provide certification from the utility that the facility has been
inspected and connected.
(t)
Documentation from the utility-scale solar energy system owner
verifying that such system is in active operation shall be provided
annually on January 15 to the Town of Montgomery Town Clerk and Code
Enforcement Officer.
(u)
Landscaping.
[1]
Landscape screening shall be provided in accordance
with the landscaping provisions of this chapter and as required by
the approved final site plan and special use permit. Noninvasive ground
cover under and between the rows of solar panels shall be low maintenance,
drought resistant, and non-fertilizer-dependent.
[2]
The Planning Board shall require as a condition
to special use permit and site plan approval the filing of acceptable
security for a landscaping bond by the owner or operator with the
Town in an amount and form acceptable to the Town Board for the purposes
of ensuring adequate and appropriate screening and landscaping is
completed and maintained by the applicant.
(v)
Debris, materials and/or mulch generated by site clearing or
construction shall not be stockpiled on site.
(4)
Abandonment or decommissioning of utility-scale systems.
(a)
Utility-scale solar energy systems which have not been in active
and continuous service for a period of 12 months shall be deemed abandoned
and shall be removed at the owner's or operator's expense.
The site shall be restored to as natural as a condition possible within
six months of removal.
(b)
Decommissioning of a site shall occur when a site has been deemed
abandoned, ceases to be used for its intended purpose for 12 months,
or is deemed to be in a nonoperating state as determined by the Town
Engineer or other Town official. Decommissioning shall include removal
of all energy facilities, structures and equipment, including any
subsurface wires and footings, from the parcel. Any access roads created
for building or maintaining the systems shall also be removed and
replanted with vegetation.
[1]
The Planning Board shall require as a condition to and prior to granting special use permit and site plan approval the filing of acceptable security by the owner or operator with the Town in an amount and form acceptable to the Town Board for the purposes of removal and restoration. The applicant for any type of solar panel system and/or array as provided herein shall be required to agree, in writing, to remove the system in accordance with § 235-11.12F above and as otherwise provided for in this section.
[2]
The amount of any decommissioning security shall
be no less than 150% of the estimate of total cost of removal of the
solar energy system and related facilities and restoration of the
site. The amount of such security shall be reviewed every three years
by the Planning Board to determine whether the current security amount
is adequate. The costs of said review shall be borne entirely by the
owner and/or operator.
[3]
Acceptable forms of security shall include cash
or letter of credit that must be maintained in full force and effect,
or a combination thereof. A bond shall only be allowed if deemed appropriate
by the Town Board.
[4]
In the event that the facility is not removed within
three months of abandonment and/or not restored to a natural condition
within six months of abandonment, the Town may proceed with the following:
[a]
The Town may provide the owner and/or operator
with a seven-day notice to comply with this section;
[b]
The Town may cause the subject solar site to be
removed and the site be restored to the natural state using any funds
in the decommissioning security funds;
[c]
Any and all actions necessary to complete the removal
and restoration, and all incurred costs of the Town, are the responsibility
of the owner and/or operator, and, as such, any costs that exceed
the amount of the decommissioning security funds, or in the event
that the decommissioning security funds are inaccessible or are otherwise
unattainable to be used by the Town, the entire cost of removal and
restoration of the subject site, shall be paid to the Town by the
owner and/or operator of the site within 30 days of the work's completion.
In the event payment is not made by the applicant within 30 days,
the Town shall include any charges on the next scheduled billing for
property tax on the property on which the system is located.
G.
Enforcement. In the case of any violation of this section, the Town
may institute any appropriate action or proceeding in any court of
competent jurisdiction against the landowner and/or operator of the
solar energy equipment/system to prevent such unlawful action, to
restrain, correct or abate such action, and to compel compliance with
the provisions of this section. The relief specified herein may be
sought in addition to an action or proceeding for criminal sanctions
or civil penalties.
H.
Building permit fees for solar panels. The fees for all building
permits required pursuant to this section shall be paid at the time
each building permit application is submitted in such reasonable amount
as the Town Board may by resolution establish and amend from time
to time.
J.
Solar storage batteries.
(1)
If solar storage batteries (hereinafter referred to as "batteries")
are included as part of the solar power system, batteries must be
placed in a secure, waterproof container or enclosure suitable for
prolonged exposure to the elements that meets the requirements of
the New York State Fire Prevention and Building Code and other applicable
laws and regulations when in use and when no longer used shall be
disposed of in accordance with the laws and regulations of the State
of New York, the Town of Montgomery and other applicable laws and
regulations.
(2)
If batteries are included as part of the solar power system,
appropriate fire suppression systems shall be included or proximity
to existing fire suppression systems shall be taken into consideration
as a part of site plan approval. Said fire suppression systems shall
be referred to the local fire department that has jurisdiction over
the area where the solar power system is located for comment prior
to final site plan approval and shall be notified of the final resolution
once adopted by the Planning Board.
K.
Repair of damage to Town property. If in the course of delivery,
installation, maintenance, dismantling, removal or transport of the
solar energy system or any components thereof, the property of the
Town of Montgomery, including but not limited to roadways, shoulders,
drainage structures, signage, guardrails, etc., is damaged by the
efforts of the applicant or any agents thereof, the applicant shall
within 30 days of the date that damage occurred to completely replace
and/or repair the damage to Town property to the satisfaction of the
Town.
L.
Ownership changes. If the ownership of a solar power system operating
under a special use permit changes, the special use permit shall remain
in full force and effect. All conditions of the special use permit,
including cash escrows, letters of credit, bonding and/or continuing
certification requirements of the original owner and/or operator shall
continue to be obligations of each and every succeeding owner(s) and/or
operator(s). However, any change in ownership shall be registered
and documented, in writing, with the Code Enforcement Officer of the
Town.
[Added 3-16-2022 by L.L. No. 4-2022]
A.
Purpose and findings.
(1)
Battery energy storage systems, also referred to herein as "energy
storage systems," are an energy resource that complements nonpolluting
energy sources such as solar and wind power and therefore reduces
fossil fuel emissions. Energy from the grid may be stored when energy
demand (and pricing) is low and fed back into the grid when energy
demand (and pricing) is high.
(2)
The use of energy storage systems provides sustainable electricity
and energy for heating and/or cooling, and other uses that are powered
by electricity, and is an integral component of the Town of Montgomery's
current and long-term sustainability goals.
(3)
This section regulates energy storage systems and equipment
and the provision of adequate and convenience of access necessary
therefor; establishes standards to ensure adjoining properties are
protected when energy storage systems are installed adjacent to or
near same, while preserving the ability of a property owner to install
energy storage systems in accordance with applicable laws and regulations;
and recognizes energy storage systems as a source for current and
long-term energy storage and sustainability of local, regional and
state energy systems.
B.
ANSI
BATTERY ENERGY STORAGE SYSTEM
(1)
(2)
BATTERY(IES)
CELL
COMMISSIONING
DEDICATED-USE BUILDING
(1)
(2)
(3)
(4)
(a)
(b)
ENERGY CODE
FIRE CODE
NATIONALLY RECOGNIZED TESTING LABORATORY (NRTL)
NEC
NFPA
NON-DEDICATED-USE BUILDING
OCCUPIED COMMUNITY BUILDING
UNIFORM CODE
Definitions. As used in this section (§ 235-11.13), the following terms shall have the meanings indicated:
American National Standards Institute.
One or more devices, assembled together, capable of storing
energy in order to supply electrical energy at a future time. A battery
energy storage system is classified as a Tier 1 or Tier 2 battery
energy storage system as follows:
Tier 1 battery energy storage systems have an aggregate energy
capacity less than or equal to 600 kWh and, if in a room or enclosed
area, consist of only a single energy storage system technology.
Tier 2 battery energy storage systems have an aggregate energy
capacity greater than 600 kWh or are comprised of more than one storage
battery technology in a room or enclosed area.
A single cell or a group of cells connected together electrically
in series, in parallel, or a combination of both, which can charge,
discharge, and store energy electrochemically.
The basic electrochemical unit, characterized by an anode
and a cathode, used to receive, store, and deliver electrical energy.
A systematic process that provides documented confirmation
that a battery energy storage system functions according to the intended
design criteria and complies with applicable code requirements.
A building that is built for the primary intention of housing
battery energy storage system equipment, is classified as Group F-1
occupancy as defined in the International Building Code, and complies
with the following:
The building's only use is battery energy storage, energy
generation, and other electrical-grid-related operations.
No other occupancy types are permitted in the building.
Occupants in the rooms and areas containing battery energy storage
systems are limited to personnel that operate, maintain, service,
test, and repair the battery energy storage system and other energy
systems.
Administrative and support personnel are permitted in areas
within the buildings that do not contain battery energy storage systems,
provided the following:
The areas do not occupy more than 10% of the building area of
the story in which they are located.
A means of egress is provided from the administrative and support
use areas to the public way that does not require occupants to traverse
through areas containing battery energy storage systems or other energy
system equipment.
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law, as currently in
effect and as hereafter amended from time to time.
The fire code section of the New York State Uniform Fire
Prevention and Building Code adopted pursuant to Article 18 of the
Executive Law, as currently in effect and as hereafter amended from
time to time.
A U.S. Department of Labor designation recognizing a private
sector organization to perform certification for certain products
to ensure that they meet the requirements of both the construction
and general industry OSHA electrical standards.
National Electric Code.
National Fire Protection Association.
All buildings that contain a battery energy storage system
and do not comply with the dedicated-use building requirements.
Any building in Occupancy Group A, B, E, I, or R, as defined
in the International Building Code, including but not limited to schools,
colleges, day-care facilities, hospitals, correctional facilities,
public libraries, theaters, stadiums, apartments, hotels, and houses
of worship.
The New York State Uniform Fire Prevention and Building Code
adopted pursuant to Article 18 of the Executive Law, as currently
in effect and as hereafter amended from time to time.
C.
Applicability.
(1)
The requirements of this section shall apply to all battery
energy storage systems permitted, installed, or modified in the Town
of Montgomery after March 16, 2022, excluding general maintenance
and repair.
(2)
Battery energy storage systems constructed or installed prior
to March 16, 2022, shall not be required to meet the requirements
of this section.
(3)
Modifications to, retrofits or replacements of an existing battery
energy storage system that increase the total battery energy storage
system designed discharge duration or power rating shall be subject
to this section.
(4)
This section shall not apply to batteries utilized in consumer
products.
(5)
This section shall not apply to batteries utilized in agricultural
equipment or duly registered motor vehicles, regardless of whether
those batteries may be utilized to power external devices and appliances.
(6)
The requirements of this section shall apply to all battery
energy storage systems, including those storage systems that may be
an element of a larger use, whether permitted as-of-right or by special
use permit such as a solar energy system or a data center. Where a
battery energy storage system is proposed as an element of another
proposed use, all relevant conditions and criteria shall be met, and
where competing conditions and criteria are indicated, the most protective
of the public health, safety and general welfare shall govern, as
determined by the Building Inspector. In such cases any required,
yard, buffer, setback, coverage, or height requirement shall not be
additive, but the stricter standard shall apply to both uses.
D.
General requirements.
(1)
Prior to operation, electrical connections must be inspected
by the Town Code Enforcement Officer and by a qualified electrical
inspector acceptable to the Town. Any connection to a public utility
grid must meet all applicable Town, state, federal and public utility
laws, rules and regulations.
(2)
All energy storage systems shall be maintained to be safe and
in good working order.
(3)
All energy storage systems shall comply with all applicable
Uniform Code standards.
(4)
All energy storage systems, when no longer in use, shall be
disposed of as set forth herein and in accordance with all other applicable
laws and regulations.
(5)
All energy storage systems and equipment shall require visual
identification through the installation of signage or similar identification
in order to provide emergency responders with appropriate warning
and guidance with respect to isolating the energy storage system in
the event of an emergency. Signage shall be weather resistant. The
signage or similar identification shall be placed adjacent to the
main service disconnect in a location clearly visible from the location
where the lever is operated.
(6)
An energy storage system as a principal use serving one or more
uses not on the same lot may not be located on the same lot as any
other principal use, except where it is located on a lot containing
an active agricultural use within an agricultural district. An energy
storage system may be allowed accessory to a use or building on the
same lot that it serves.
(7)
A building permit and an electrical permit shall be required
for installation of all energy storage systems.
(8)
All energy storage systems, all dedicated-use buildings, and
all other buildings or structures that i) contain or are otherwise
associated with an energy storage system and ii) are subject to the
Uniform Code and/or the Energy Code shall be designed, erected, and
installed in accordance with all applicable provisions of the Uniform
Code, all applicable provisions of the Energy Code, and all applicable
provisions of the codes, regulations, and industry standards as referenced
in the Uniform Code, the Energy Code, and the Town Code of the Town
of Montgomery.
(9)
Energy storage systems are prohibited from being located within the area of special flood hazard as defined in Chapter 116, Flood Damage Prevention, of the Town Code.
(10)
The applicant, property owner, system owner and system operator
shall be required to enter into an agreement to remove the storage
battery system and all associated equipment and structures if the
storage battery system ceases to operate for 12 consecutive months.
Removal of the unused system, equipment and structures shall be completed
within six months thereafter. The agreement shall be in a form satisfactory
to the Town Attorney.
E.
Tier 1 battery energy storage system. A Tier 1 storage battery energy
storage system is permitted subject to issuance of a building permit
in accordance with the following standards:
(1)
A Tier 1 system may be mounted in any legal principal or accessory
building or structure.
(2)
A Tier 1 system shall not be located in a required yard or within
the front yard of any building.
(3)
A Tier 1 system shall be located within the principal building,
or otherwise set back from neighboring property lines in accordance
with the requirements governing accessory structures, but no closer
than 50 feet to the nearest property line, and the more restrictive
setback shall prevail.
(4)
A Tier 1 system is permitted to serve only the building or structure
on the lot upon which the system is located.
(5)
A Tier 1 system, if mounted exterior to the building and if
visible from the street, shall be mounted at an angle as to minimize
its visibility, appearance and profile from the street and neighboring
properties.
(6)
A Tier 1 system and all related equipment shall be substantially
screened from view from adjoining properties and all roads through
the use of landscaping, fences, earth berms, or other screening which
will harmonize with the character of the property and surrounding
area.
(7)
A Tier 1 storage battery system equipment shall not be sited
within any required buffer area.
(8)
Lot coverage limitations.
(a)
The calculation of lot coverage shall include the total surface
area of a Tier 1 system and all associated equipment.
(b)
The total surface area of a Tier 1 system and all associated
equipment shall not exceed the area of the ground covered by the largest
building on the lot measured from the exterior walls, excluding unroofed
patios, decks, balconies and porches.
F.
Tier 2 battery energy storage system.
(1)
Special use permit standards. The Planning Board may impose
additional or more restrictive conditions to those listed below where
necessary to protect the health, safety and welfare of the Town.
(a)
Maximum height. The average height of any Tier 2 storage battery
system shall not exceed 20 feet.
(b)
The Tier 2 system and related equipment shall be screened substantially
from view from adjoining properties and from all roadways to the satisfaction
of the Planning Board. If landscape screening is proposed, a landscape
design, signed and stamped by a licensed landscape architect, shall
be submitted with the site plan application. The applicant shall provide
a visual analysis to the Planning Board, which may include line-of-sight
profiles, photosimulations and other renderings from vantage points
to be determined by the Planning Board.
(c)
All on-site power lines, utility lines and electrical circuitry
shall be installed underground to the extent feasible and as permitted
by the serving utility, with the exception of the main service connection
at the utility company right-of-way and any new interconnection equipment,
as demonstrated to the satisfaction of the Planning Board that such
underground installation is not practicable given the particular characteristics
of the site.
(d)
Buildings and structures associated with a Tier 2 system shall,
to the extent reasonably possible, use materials, colors, and textures
that blend the facility into the existing environment.
(e)
Access to the site shall provide appropriate and safe sight
distance and lawful and appropriate access for emergency vehicles
and equipment. Access to the facility shall be reviewed for its sufficiency
by the relevant emergency service provider(s) and the site shall be
constructed with a hard surface and as required by the Town driveway
specifications and requirements. Adequate site access shall be maintained
throughout the life of the facility, including snow removal to ensure
adequate access by the applicable emergency service providers.
(f)
Signage.
[1]
All signage shall comply with ANSI Z535 and shall
identify the type of technology associated with the battery energy
storage systems, any special hazards associated with same, the type
of suppression system installed in the area of battery energy storage
systems, and twenty-four-hour emergency contact information, including
reach-back phone number.
[2]
As required by the NEC, disconnect and other emergency
shutoff information shall be clearly displayed on a light reflective
surface. A clearly visible warning sign concerning voltage shall be
placed at the base of all pad-mounted transformers and substations.
[3]
The Town Building Inspector and Planning Board
shall review all signage during site plan review and ensure that adequate
identification is provided to all necessary components of the system.
[4]
The site shall include prominent and clear identification
of the property address and of the address and phone number of the
owner and operator in the case of emergency.
(g)
Lighting. Lighting of the battery energy storage systems shall
be limited to that minimally required for safety and operational purposes
and shall be reasonably shielded and downcast from abutting properties.
Any other applicable lighting requirements contained in this Zoning
chapter shall also apply.
(h)
Perimeter vegetation. Areas within 30 feet of all sides of a
Tier 2 system shall be cleared of combustible vegetation and other
combustible growth. Single specimens of trees, shrubbery, or cultivated
ground cover, such as green grass, ivy, succulents, or similar plants
used as ground covers, may be permitted provided that it is determined
that such ground cover does not form a means of readily transmitting
fire.
(i)
Safety enclosure. The perimeter of a Tier 2 system shall be
enclosed in a fence to deter access to the site. The Planning Board
shall establish the maximum height, location, and fence materials,
taking into consideration all applicable Town codes, laws and regulations
governing enclosure of a Tier 2 storage battery system. Where this
section is inconsistent with any other section of the Zoning chapter
regulating fences, this section shall prevail.
(j)
Noise. The one-hour average noise generated from the battery
energy storage systems, components, and associated ancillary equipment
shall not exceed a noise level of 60 dBA as measured at the property
line. Applicants may submit equipment and component manufacturers'
noise ratings to demonstrate compliance. The applicant may be required
to provide operating sound pressure level measurements from a reasonable
number of sampled locations at the perimeter of the battery energy
storage system to demonstrate compliance with this standard. Such
sampling shall be conducted utilizing equipment meeting ANSI standards.
(k)
Additional specifications. The following shall be submitted:
[1]
An electrical diagram detailing the battery energy
storage system layout, associated components, and electrical interconnection
methods, with all National Electrical Code compliant disconnects and
over current devices, will be clearly marked on the site plan and
any and all documents that illustrate and describe the electrical
components of the site.
[2]
Equipment specification sheets that document the
proposed battery energy storage system components, inverters and associated
electrical equipment that are to be installed. Equipment specification
sheets for all battery types, significant components, hazardous materials,
highly toxic material, and battery unit inverters. A final equipment
specification sheet shall be submitted prior to the issuance of a
building permit.
[3]
Name, address, and contact information of proposed
or potential system installer and the property and site owner and/or
operator of the battery energy storage system. Such information of
the final system installer shall be submitted prior to the issuance
of building permit.
[4]
Name, address, phone number, and signature of the
project applicant, as well as all the property owners, demonstrating
their consent to the application and the use of the property for the
battery energy storage system.
[5]
Zoning district designation for the parcel(s) of
land comprising the project site.
[6]
Commissioning plan. Such plan shall document and
verify that the system and its associated controls and safety systems
are in proper working condition per requirements set forth in the
Uniform Code. Where commissioning is required by the Uniform Code,
battery energy storage system commissioning shall be conducted by
a New York State (NYS) licensed professional engineer or NYS registered
architect after the installation is complete but prior to final inspection
and approval. A corrective action plan shall be developed for any
open or continuing issues that are allowed to be continued after commissioning.
A report describing the results of the system commissioning and including
the results of the initial acceptance testing required in the Uniform
Code shall be provided to the Building Inspector prior to final inspection
and approval and maintained at an approved on-site location.
[7]
Firestafety compliance plan. Such plan shall document
and verify that the system and its associated controls and safety
systems are in compliance with the Uniform Code.
[8]
System operations and maintenance plan. Such plan
shall describe continuing battery energy storage system maintenance
and property upkeep, as well as design, construction, installation,
testing and commissioning information per requirements set forth in
the Uniform Code.
[9]
Erosion and sediment control and stormwater management
plans prepared to New York State Department of Environmental Conservation
standards, if applicable, and to such standards as may be established
by the Planning Board.
[10]
Prior to the issuance of the building permit,
engineering documents must be signed and sealed by a NYS licensed
professional engineer or NYS registered architect.
[11]
Emergency operations plan. A copy of an acceptable
plan approved by the Planning Board shall be given to the system owner,
the local fire department, and local fire code official. A permanent
copy shall also be placed in an approved location to be accessible
to facility personnel, fire code officials, and emergency responders.
The emergency operations plan shall include the following information:
[a]
Procedures for safe shutdown, de-energizing, or
isolation of equipment and systems under emergency conditions to reduce
the risk of fire, electric shock, and personal injuries, and for safe
start-up following cessation of emergency conditions.
[b]
Procedures for inspection and testing of associated
alarms, interlocks, and controls.
[c]
Procedures to be followed in response to notifications
from the battery energy storage management system, when provided,
that could signify potentially dangerous conditions, including shutting
down equipment, summoning service and repair personnel, and providing
agreed-upon notification to Fire Department personnel for potentially
hazardous conditions in the event of a system failure.
[d]
Emergency procedures to be followed in case of
fire, explosion, release of liquids or vapors, damage to critical
moving parts, or other potentially dangerous conditions. Procedures
can include sounding the alarm, notifying the Fire Department, evacuating
personnel, de-energizing equipment, and controlling and extinguishing
the fire.
[e]
Response considerations similar to a safety data
sheet (SDS) that will address response safety concerns and extinguishment
when an SDS is not required.
[f]
Procedures for dealing with battery energy storage
system equipment damaged in a fire or other emergency event, including
maintaining contact information for personnel qualified to safely
remove damaged battery energy storage system equipment from the facility.
[g]
Other procedures as determined necessary by the
Town to provide for the safety of occupants, neighboring properties,
and emergency responders.
[h]
Procedures and schedules for conducting drills
of these procedures and for training local first responders on the
contents of the plan and appropriate response procedures.
[12]
Safety system certification. Battery energy storage
systems, components, and associated ancillary equipment shall have
required working space clearances, and electrical circuitry shall
be within weatherproof enclosures marked with the environmental rating
suitable for the type of exposure in compliance with NFPA 70. Battery
energy storage systems and equipment shall be listed by a nationally
recognized testing laboratory to UL 9540 or CAN 9540 (standard for
battery energy storage systems and equipment) with subcomponents meeting
each of the following standards that are applicable based on the storage
type (electrochemical, thermal, mechanical):
[a]
UL 1973 (Standard for Batteries for Use in Stationary,
Vehicle Auxiliary Power and Light Electric Rail Applications).
[b]
UL 1642 (Standard for Lithium Batteries).
[c]
UL 1741 or UL 62109 (inverters and power converters).
[d]
Certified under the applicable electrical, building,
and fire prevention codes as required.
[e]
Alternatively, field evaluation by an approved
testing laboratory for compliance with UL 9540 and applicable codes,
regulations and safety standards may be used to meet system certification
requirements.
[13]
A property maintenance plan, which plan shall
describe continuing equipment maintenance and property upkeep, such
as but not limited to mowing and trimming. Any use of herbicides shall
be restricted to those approved and regulated by the New York State
Department of Environmental Conservation (DEC) and shall be applied
in accordance with applicable DEC regulations. Ten days prior to the
application of any herbicide, the system operator shall provide written
notification to the Town Code Enforcement Officer (CEO) specifying
the type and amount of herbicide to be used and the date, the material
safety data sheets, time and location of the proposed application
and shall provide such other information as deemed necessary by the
CEO. The written notification shall be presented in the form of a
notarized affidavit signed by the system operator attesting to the
truth of the information provided therein.
[14]
If the property of the Tier 2 system is to be
leased, the written legal consent of all affected parties, specifying
the use(s) of the property, and the duration of the project, including
easements and other agreements.
[15]
A decommissioning and removal plan as described in Subsection F(1)(l)[2] below.
(l)
Decommissioning and removal.
[1]
Removal of unused systems. The applicant, property
owner, system owner and system operator shall enter into an agreement
binding unto themselves and their successors and assigns in a form
satisfactory to the Planning Board and Town Board upon recommendation
of their respective attorneys and will be memorialized in a developer's
agreement that was so adopted by Planning Board resolution that will
address the removal of the Tier 2 battery energy system and all associated
equipment and structure when the system ceases to be used for its
intended purpose for 12 consecutive months. Removal of such unused
system, equipment and structures shall be completed within six months
thereafter. Said developer's agreement shall be recorded in the
chain of title and shall be a condition of the special use permit
authorized by the Planning Board.
[2]
Decommissioning and removal plan. To ensure the proper removal of a Tier 2 system, a decommissioning plan shall be submitted as part of the application. Compliance with the approved decommissioning plan shall be a condition of the special use permit authorized by the Planning Board. The decommissioning plan shall specify that after the Tier 2 storage battery system ceases operation, as described in Subsection D(10) above, the system shall be removed by the applicant, property owner, system owner and system operator as the case may be. The plan shall demonstrate how the removal of the Tier 2 storage battery systems and all related equipment and structures shall be conducted and how the remediation of soil and vegetation shall be conducted to return the property to substantially its condition prior to construction. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a professional engineer. Cost estimates shall take inflation into account. The decommissioning plan shall state the time period within which the storage battery system shall be removed and the property restored, which time period shall be no greater than six months after the stationary storage battery system ceases, for 12 consecutive months, to be used for its intended purpose. A six-month extension may be granted by the Town Code Enforcement Officer upon good cause shown.
[3]
Decommissioning and removal security.
[a]
The applicant shall execute and file with the Town
Clerk security in a form acceptable to the Town Attorney and Planning
Board, and in an amount sufficient to pay for the costs and expenses
of removal of the stationary storage battery system and related equipment
and structures and restoration of the site. The amount is subject
to approval by the Town's professional engineer and the Planning
Board. The security may be in the form of cash, letter of credit or
another instrument acceptable to the Town Attorney and the Planning
Board, or a combination thereof. The security shall remain in full
force and effect until all stationary storage battery system equipment,
structures, and materials have been properly removed and site restoration
is complete.
[b]
The amount of the security shall be sufficient,
during the first five years of operation, to cover at least the projected
costs to deconstruct and dispose of all equipment, structures and
materials related to the stationary storage battery system; projected
costs to restore the site; and all projected fees, costs and expenses
estimated to be incurred by the Town to administer and enforce the
decommissioning process. Such amount shall be reevaluated every five
years thereafter and, if necessary, adjusted to reflect prevailing
costs and expenses as a condition to continue operation of the system.
[c]
If the amount of the security does not fully cover
such fees, costs and expenses ("costs") or if the Town cannot reasonably
recover adequate proceeds of the security, then the owner and operator
of the large-scale Tier 2 stationary storage battery systems and the
property owner shall be jointly and severally, and corporately and
personally, liable for the costs not recovered.
[d]
As an alternative or in addition to recovering
decommissioning costs via the removal security, the Town may assess
such costs against the property, which assessment shall constitute
a lien on the property, and which amount may be collected in the same
manner as real property taxes.
[e]
Equipment and parts maintenance. All equipment,
parts and items of any kind appurtenant to the maintenance or operation
of the large-scale stationary storage battery systems shall be contained
in a secure building. Damaged or unused equipment and parts shall
be removed from the premises within 30 calendar days.
[f]
Ownership changes. If the owner or operator of
a Tier 2 system changes or if the property owner changes, the special
use permit shall remain in effect, and all requirements of the Town
Code and all conditions and requirements of the special use permit
shall be binding upon each succeeding owner and operator. However,
a change in owner or operator shall not affect the decommissioning
security, although a new owner may substitute other security. A new
owner or operator of the battery energy storage system shall immediately
notify the Town Code Enforcement Officer of such change in ownership
or operator as a condition of continued operation of same.
(m)
Modifications. Any and all modifications, additions or deletions
to a Tier 2 system, whether structural or not, shall require amended
site plan review and approval by the Planning Board, except that routine
repairs and maintenance, as determined by the Town Code Enforcement
Officer after consultation with the Town Engineer, shall not be subject
to Planning Board review.
(n)
If the owner and/or operator fails to comply with decommissioning
upon any abandonment, the Town will, at its discretion, utilize the
available bond and/or security for the removal of a Tier 2 battery
energy storage system and restoration of the site in accordance with
the decommissioning plan.
Off-street parking and truck loading space requirements shall be provided for and kept available as an accessory use to all permitted and special permit uses of buildings, structures and lots in amounts of not less than those specified in this § 235-12.
A.
The requirements for a single use (e.g., a one-family dwelling or a retail store) shall be determined directly from the schedule of such requirements which is a part of this § 235-12.
B.
The requirements for a combination use made up of several component uses (e.g., a bowling alley combined with an auditorium and a restaurant and bar, or a retail store combined with an office building) shall be determined by establishing the requirements for each component use from the schedule of such requirements which is part of this § 235-12 and adding them together.
C.
When the required number of spaces is determined to result in a fraction,
it shall be increased to the next highest whole number.
D.
If the use is not specifically listed in the schedule of such requirements,
the requirement shall be the same as for the most similar listed use.
Off-street parking space requirements for residential uses shall
be as follows:
|
Use
|
Required Number of Spaces
|
|---|---|
|
Single-family and two-family dwelling units
|
2 per dwelling unit
|
|
Multiple dwelling
|
2 per dwelling unit
|
|
Accessory dwelling under 500 square feet
|
1 per dwelling unit
|
|
Accessory dwelling 500 square feet and above
|
2 per dwelling unit
|
|
Residential membership club employees or fraternity
|
1 per residential unit plus 1 per each 2 on the premises at
1 time
|
|
Senior housing
|
1.5 per dwelling unit
|
Off-street parking space requirements for nonresidential uses
shall be as follows:
|
Use
|
Required Number of Spaces
|
|---|---|
|
Animal hospital
|
1 per 200 square feet of floor area
|
|
Auditorium, church, convention square hall, stadium, theater,
studio or other place of assembly not otherwise classified
|
1 per 3 permanent seats or 1 per each 40 square feet or seating
area where fixed seating is not provided
|
|
Automobile repair or service or garage/facilities
|
Sufficient parking spaces for all vehicles being serviced at
any one time, plus a minimum of 10 additional spaces
|
|
Bank, savings and loan building association
|
See requirements for "offices, office buildings"
|
|
Bowling alley
|
3 per alley
|
|
Chain restaurants with more than 20 restaurants nationwide
|
1 per 3 permanent seats or floor area equivalent
|
|
Drive-in facility or outdoor sales
|
1 per each 600 square feet of lot area
|
|
Funeral home
|
1 per 40 square feet of public room floor area
|
|
Furniture, heavy appliance stores and similar low-volume stores
as determined by the Planning Board
|
1 per 500 square feet of gross leasable floor area
|
|
Gasoline station with convenience store
|
1 per 200 square feet of retail floor area. Spaces in front
of gasoline pumps shall count as 1 parking space, but at least 5 regular
parking spaces shall be provided, one of which shall be a handicapped
space.
|
|
Home occupation, home professional office
|
2 per 150 square feet of area given over to this component of
the land use, plus 1 for each additional 150 square feet of fraction
thereof, but in no case fewer than 2 spaces
|
|
Hospital
|
1.25 per bed, plus 1 per each 2 employees on the premises at
any one period of time
|
|
Hotel, motel
|
1 per guest bedroom plus 1 per each 2 employees on the premises
at any one period of time
|
|
Manufacturing or industrial establishment, research institute
or laboratory
|
Parking area reservation equivalent to the total ground coverage
of the building, with a minimum of 2 improved spaces per 3 employees
on the premises at any one period of time, with a minimum of 2 spaces
|
|
Nursing home
|
1 per each 3 beds plus 1 per each 2 employees on the premises
at any one time
|
|
Office buildings in excess of 20,000 square feet of gross leasable
floor area
|
1 per 300 square feet of gross leasable floor area
|
|
Offices, medical
|
At least 1 per 200 square feet of floor area, or as required
by the Planning Board
|
|
Offices, office buildings
|
1 per 200 square feet of gross leasable office area, excluding
stairs, common halls and elevators
|
|
Personal service stores
|
At least 1 per 200 square feet, or as required by the Planning
Board
|
|
Public or semipublic art gallery, library or museum
|
See requirements for auditorium, etc.
|
|
Restaurant, club
|
1 per 4 permanent seats or floor area equivalent
|
|
Retail stores
|
1 per 200 square feet of floor area
|
|
School
|
1 per employee plus 1 per each 8 students in the 12th grade
or above or the parking requirement for the auditorium or gymnasium
component of the use, whichever is greater
|
|
Shop for custom work
|
1 per 250 square feet of floor area
|
|
Shopping centers or retail facilities in excess of 25,000 square
feet of gross leasable floor area
|
1 per 225 square feet of gross leasable floor area
|
|
Truck terminal, wholesaler, trailers and warehouse or distribution
center
|
Sufficient parking for all trucks, truck trailers, and truck
tractors stored or being serviced at any one period of time, plus
required parking for office areas, plus 2 per 3 employees on duty
or on the premises at any one time
|
Every building or structure or lot used for nonresidential purposes
shall be provided with off-street truck loading spaces in accordance
with the following schedule:
|
Square Feet of Floor Area
|
Required Number of Spaces
|
|---|---|
|
Under 25,000
|
1
|
|
25,000 to 39,999
|
2
|
|
40,000 or more
|
1 additional space for each 40,000 square feet in addition to
the first 40,000 square feet
|
A.
Accessory private garages shall not be designed or utilized to rent
parking spaces to persons living off the premises. Private garages
or other accessory structures shall not be utilized for other than
private uses unless otherwise authorized elsewhere in this chapter.
B.
Not more than one parking space per dwelling unit may be rented to
persons living off the premises in the case of single- or two-family
dwelling uses, nor more than one parking space per each two dwelling
units may be rented to persons living off the premises in the case
of any other residence use.
C.
Not more than one commercial vehicle shall be housed or parked in
a private garage or off-street parking area. Such commercial vehicle
shall not exceed a gross motor vehicle weight of 10,000 pounds or
length of 25 feet; provided that there shall be no limitation on the
number of agricultural vehicles permitted as accessory equipment to
a farm use.
A.
Access driveways for parking garages, public parking areas, gasoline
stations, repair garages, or trucking stations may have separate or
combined entrances and exits.
B.
Every entrance or exit driveway shall have a minimum unobstructed
width of 10 feet. Every combined entrance and exit driveway shall
have a minimum unobstructed width of 20 feet.
C.
The intersection of entrance or exit driveways with the public street shall have the same corner clearances as prescribed for the intersecting street in § 235-11.7.
D.
Sight distance for access driveways and new roads shall conform to
the following specifications. Access driveways and new roads onto
existing public roads shall have a clear sight distance after improvements
to the right-of-way as required by the Planning Board or controlling
highway agency of 600 feet for state highways, 500 feet for county
and collector streets, 300 feet for minor streets, including all Town
streets and Town highways, or shall meet the minimum required AASHTO
standards for the posted speed limits on said roads, whichever is
less. The minimum standards set forth above shall be measured from
a point clearly shown on the plan 10 feet in from the edge of the
traveled way of the road or street to which the driveway connects
to oncoming traffic and between cars in the same lane where a car
should be stopped to turn into the driveway at acceptable levels for
drivers of said vehicles. All measurements shall be based on accepted,
current AASHTO standards.
A.
All accessory off-street parking and truck loading areas shall be located in accordance with the provisions of § 235-11.1.
B.
The physical improvements of off-street parking and truck loading
areas shall include:
C.
All aisles within parking areas shall have a minimum width of 24
feet when the parking spaces are at an angle of 90° with the driveway;
18 feet when the parking spaces are at an angle of 60°; and 12
feet when the parking spaces are at an angle of 45°.
D.
Aisles and turning areas shall have adequate radii to assure ease
of mobility, ample clearance, and convenient access and egress.
E.
Center-line gradients of aisles shall not exceed 8%.
F.
Accessory off-street parking areas shall be marked off into parking
spaces with a minimum width of nine feet and a minimum length of 20
feet; or, in the case of parking spaces for trucks or special equipment,
parking spaces of a minimum size are to be determined by the municipality
based on the nature of the parked vehicle.
G.
An accessory off-street truck loading space shall have a minimum
width of 12 feet, a minimum length of 25 feet, and a minimum clear
height of 14 feet. The related aisle shall have the same minimum width
and clear height.
A.
Existing buildings and uses are exempt. The provisions of this section
shall not apply to any building or structure or lot lawfully in use
at the original effective date of this chapter, whether continued
as a permitted or legal nonconforming use, or thereafter converted
or changed without enlargement to a different lawful use having the
same parking and truck loading requirements.
B.
Within an established municipal parking district where the municipality has, as a matter of public policy, taken the responsibility for providing adequate off-street parking facilities for all uses in the district, the off-street parking space requirements stipulated in this § 235-12 shall be automatically waived.
C.
Where the Planning Board finds that a use is unlikely to require
the amount of off street parking or truck loading spaces required
by the section, it may grant a temporary waiver of the requirements
and allow shadow or future parking in an area of the site that it
believes could be suitably developed for off-street parking in the
future should the site be occupied by a more intense traffic user.
The permanent elimination of off-street parking shall only be allowed
by the Zoning Board of Appeals.
[Amended 10-6-2022 by L.L. No. 10-2022]
A.
The following schedule of permitted signs shall apply to each premises
according to the district in which it is located on the Zoning Map,
whether it be used for a permitted use or for a special permit use:
|
Permitted Signs - Residential and Agriculture Districts
| |
|---|---|
|
Type of Sign
|
Number of Signs Permitted
|
|
Professional or announcement sign
|
Pursuant to § 235-13.2
|
|
Personal identification sign having an area not greater than
2 square feet
|
Permitted
|
|
Real estate "for sale" or "for rent" sign or construction sign
|
1 on each public street frontage for single lots or buildings; 2 subdivision signs on each public street frontage for each approved subdivision, pursuant to § 235-13.5A
|
|
Temporary sign
|
Pursuant to § 235-13.6B
|
|
Permitted Signs - Business Districts (B-1, B-2, B-3 and Crossroads
Commercial Overlay District)
| |
|---|---|
|
Type of Sign
|
Number of Signs Permitted
|
|
Professional or announcement sign
|
Pursuant to § 235-13.2
|
|
Business identification signs
|
Pursuant to § 235-13.3
|
|
Real estate "for sale" or "for rent" sign or construction sign
|
1 on each public street or frontage for single lots or building; 2 subdivision signs on each public street frontage for each approved subdivision, pursuant to § 235-13.6
|
|
Temporary sign
|
Pursuant to § 235-13.6B
|
|
Permitted Signs - I-1, I-2, and I-3 Districts
| |
|---|---|
|
Type of Sign
|
Number of Signs Permitted
|
|
Professional or announcement sign
|
Pursuant to § 235-13.2
|
|
Business identification signs
| |
|
Real estate "for sale" or "for rent" sign or construction sign
|
1 on each public street or frontage for single lots or buildings; 2 subdivision signs on each public street frontage for each approved subdivision, pursuant to § 235-13.6
|
|
Temporary sign
|
Pursuant to § 235-13.6B
|
B.
Special regulations for all permitted business and industrial business
identification signs.
(1)
Sign construction specifications. All signs which exceed 15
feet in height shall require plans approved by a licensed professional
engineer or architect and:
(a)
Supports on lighted signs shall be steel pipe, tubing or I-beams;
(b)
Metal facings shall not be less than 24 gauge;
(c)
Plastic facings shall not be less than 1/8 inch thick up to
32 square feet, 3/16 inch up to 250 square feet, and 1/4 inch over
250 square feet, provided bumpers are spaced 48 inches on center within
the interior of the sign cabinet; and
(d)
Electrical wiring shall be in accordance with Underwriter Laboratories
specifications and signs shall bear the Underwriter Laboratories label.
(2)
One identification-directional sign with an area of not more
than eight square feet per side shall be permitted at each point of
access to a lot, set back at least five feet from the property line,
which shall not obstruct the view of exiting motorists and shall not
exceed 10 feet in height.
(3)
On-site directional signs shall not exceed 10 feet in height
unless mounted on a building or structure other than a sign structure.
Such signs shall not exceed eight square feet in area.
(5)
Signs may be interior-lighted with nonglaring lights or may
be illuminated by shielded floodlights; provided, however, that red
and green lights shall be set back at least 75 feet from the point
of intersection of the street lines at a street corner; and further
provided that intermittent or flashing lights shall not be used on
or in any sign or in conjunction with any sign. Moving or animated
signs shall be prohibited.
C.
Regulations for special permitted business and industrial business
identification signs.
(1)
The Planning Board may issue a special permit for business or
industrial ground-mounted signs which do not comply with these regulations
only when such sign, if it were to comply, could not be seen by a
motorist for the time required as shown on Column Two of the table
below for the type of road indicated on Column One due only to terrain
conditions:
|
Road Type
|
Reaction Time
(seconds)
|
Speed
(mph)
|
Sight Distance
(feet)
|
Minimum Letter Height
(inches)
|
|---|---|---|---|---|
|
Expressway
|
15
|
55
|
1,200
|
21
|
|
4 lanes
|
10
|
55
|
810
|
17
|
|
4 lanes
|
10
|
50
|
730
|
15
|
|
4 lanes
|
10
|
45
|
660
|
13
|
|
4 lanes
|
10
|
40
|
590
|
11
|
|
2 lanes
|
8
|
55
|
645
|
14
|
|
2 lanes
|
8
|
50
|
590
|
12
|
|
2 lanes
|
8
|
45
|
530
|
10
|
|
2 lanes
|
8
|
40
|
470
|
9
|
|
2 lanes
|
8
|
35
|
410
|
8
|
|
2 lanes
|
8
|
30
|
350
|
7
|
|
2 lanes
|
8
|
25
|
290
|
5
|
(2)
The applicant shall agree to make the letters no smaller than
the minimum size shown in the table above and no larger than four
feet in height, and limit the message to no more than 16 message units
in four lines of words, with no more than 26 letters per line. For
the purpose of this subsection, a message unit is a symbol or a syllable.
(3)
Any sign permitted by the Planning Board shall be the minimum
size necessary for the purposes stated by the applicant, in the opinion
of the Planning Board.
A.
Professional signs or announcement signs for home professional offices
or home occupations shall bear only the name and profession or occupation
of the resident. Such sign shall have a maximum area of two square
feet and may be located on the building wall or in the required front
yard, provided that it is set back at least 15 feet from all property
lines and is not more than six feet above the natural ground level
at that point.
B.
A church or other place of worship may have one announcement sign
not over 12 square feet in area on each public street frontage of
its property, either fixed on the main wall of the building or located
in the required front yard, provided that it is set back at least
15 feet from the front property line and at least 25 feet from all
other property lines.
C.
A parish house, club, school, or public or semipublic building may
have one announcement sign not over six feet in area on each public
street frontage of its property fixed on the main wall of its building.
D.
Such signs may be double-faced.
E.
Such signs may be lighted only by shielded light sources attached
to the sign or ground lights with appropriate shielding of the fixtures.
The following supplemental regulations shall apply to business
district identification signs:
A.
A wall identification sign shall be attached to or incorporated in
the building wall. Such sign shall have:
(1)
A maximum area of two square feet for each horizontal foot of
building wall on which it is mounted.
(2)
A maximum width of 75% of the building wall's horizontal
measurement; except where such horizontal measurement is 20 feet or
less, the maximum width may be 90% of such a measurement.
(3)
A maximum projection of 12 inches from the face of the building
wall to which the sign is attached.
B.
A detached or ground identification sign may be erected where the
building is set back from the street line a distance of 40 feet or
more. Such sign shall have:
(1)
A maximum area of 100 square feet. For double-faced signs the
maximum area shall be 100 square feet per side.
(2)
A maximum height of 20 feet measured vertically from the center
line of the nearest street.
(3)
Adequate clear space shall be provided between the signboard and the ground to allow for visibility in vehicles between streets and drives. Necessary supports may extend through such clear space. [See § 235-13.5B(2).]
(4)
A setback of at least 20 feet from any property line, except
if the average front setback of existing buildings within the same
block is less than 10 feet, then the average setback so established
shall be applied to such sign.
C.
Identification signs may be interior-lighted with nonglaring lights
or may be illuminated by shielded floodlights; provided, however,
that red and green lights shall be set back at least 75 feet from
the point of intersection of the street lines at a street corner;
and further provided that intermittent or flashing lights shall not
be used on or in any sign or in conjunction with any sign. Moving
or animated signs shall be prohibited.
[Amended 10-6-2022 by L.L. No. 10-2022]
The following supplemental regulations shall apply to I-2 and
I-3 District identification signs:
A.
One wall identification sign or one detached or ground identification
sign facing each street from which access to the lot is provided announcing
the name of the company or products manufactured on the premises.
Such sign shall have:
(1)
A maximum area of two square feet for each horizontal foot of
building wall on which it is mounted.
(2)
A setback of at least 1/2 the depth of the required front yard.
(3)
A maximum height measured vertically from the center line of
the nearest street of 18 feet, if the building is less than 18 feet,
or the height of the building, with a maximum height of all signs
being 35 feet.
B.
One identification sign at each point of access to the lot with an
area of not more than two square feet.
C.
Identification signs may be interior-lighted with nonglaring lights
or may be illuminated by shielded floodlights; provided, however,
that red and green lights shall be set back at least 75 feet from
the point of intersection of the street lines at a street corner;
and further provided that intermittent or flashing lights shall not
be used on or in any sign or in conjunction with any sign. Moving
or animated signs shall be prohibited.
[Amended 10-6-2022 by L.L. No. 10-2022]
The following supplemental regulations shall apply to I-1 District
identification signs:
A.
Business uses.
(2)
A detached or ground identification sign may be erected where
the building is set back from the street line a distance of 40 feet
or more. Such sign shall have:
(a)
A maximum area of 100 square feet per side of a double-faced
sign or a single-faced sign intended to be read by motorists traveling
along Route 208 or any Town or county road.
(b)
A maximum area of 300 square feet per side of a double-faced
sign intended to be read by motorists traveling along Interstate Route
84.
(c)
A maximum height of 25 feet measured from the center line of
the nearest street to the top of the sign where the sign is intended
to be read by motorists traveling along Route 208, Route 17K, or any
Town or county road.
(d)
A maximum height of 50 feet measured from the center line of
the nearest street to the top of the sign where the sign is intended
to be read by motorists traveling along Interstate Route 84.
(e)
Adequate clear space between the signboard and the ground, provided
that necessary supports may extend through such clear space.
B.
Industrial uses. One wall identification sign or one detached or
ground identification sign facing each street from which access to
the lot is provided announcing the name of the company or products
manufactured on the premises. Such signs shall have:
A.
Real estate, construction or subdivision signs of a temporary nature
shall be set back at least five feet from a right-of-way or from the
traveled way, whichever is greater. Such signs shall have a minimum
area of eight square feet and a maximum of 24 square feet and shall
not be illuminated.
B.
Temporary directional signs indicating the location of a real estate subdivision shall be permitted as special permit uses under the provisions of § 235-15.4 for a period of one year during the active selling of subdivision properties. Additional periods of one year shall be the subject of an application to the Planning Board.
C.
Permanent real estate development or subdivision signs shall only
be allowed as part of a landscape plan for said development that has
been approved by the Planning Board as part of a site plan or subdivision.
A.
The area of a sign shall be determined by the smallest rectangle
that encompasses all of the letters or symbols which make up the sign
together with any background of a different color or material than
the general finish of the building, whether painted or applied.
B.
In no case shall lighted signs be so located that they constitute
a hazard to vehicular traffic.
C.
The outlining by direct illumination of all or part of a building
such as a gable, roof, wall, side or corner shall be prohibited.
D.
Temporary or permanent signs resting on or attached to vehicles or
other movable objects shall not be used as a means to circumvent the
provisions of this chapter.
A.
These provisions shall apply to all buildings or structures or use
of a building or structure or lot lawfully existing prior to the effective
date of the original zoning law, or of subsequent amendments, revisions
or reenactments of such law, which do not conform to the provisions
of said original zoning law, or such revisions or reenactments on
their effective dates.
B.
Each business or industrial use which under this chapter or any amendments
thereto requires a special use permit and which use was in existence
on the date of the enactment of this chapter or amendments thereto
must file with the Planning Board a certificate of substantial compliance
with this chapter or any amendments thereto within one year from the
enactment of this chapter or any amendments thereto. The user shall
thereafter continue such use in the manner permitted by the Planning
Board. Failure to file the certificate of substantial compliance in
the manner prescribed above shall deem the use discontinued.
No unlawful building or structure, or unlawful use of a building or structure or lot existing at the effective date of this chapter or any amendments thereto, shall be deemed to be a nonconforming building, structure or use. Any applicant for any land use approval, including, without limitation, a building permit, subdivision, special exception use, site plan, zone change and/or variance, must indicate, in writing, at the time of application all uses which it believes would be entitled to nonconforming status together with all data in support of such claim. The failure of the applicant to so indicate, in writing, shall form a presumption that nonconforming uses do not exist on the property. All such application forms shall be modified to comply with the requirements of this § 235-14.
A.
Any lawful use occupying any building, structure, lot or land at the time of the effective date of this chapter, or any amendment thereto, which does not comply after the effective date of this chapter, or any amendment thereto, with the use regulations of the district in which it is situated may be continued in the building, structure, lot or land so occupied in accordance with § 235-14.1A, except as provided in § 235-14.7.
B.
A building or structure used by a nonconforming use may not be reconstructed,
structurally altered, restored or repaired to an extent exceeding
50% of the replacement cost of such building or structure, exclusive
of foundations, unless the use of such building or structure is changed
to a conforming use.
C.
A nonconforming building or structure that is not devoted to a nonconforming use may be reconstructed, structurally altered, restored or repaired in whole or in part, and the provisions of Subsection B above shall not apply, except that the degree of nonconformity shall not be increased.
D.
A nonconforming lot separately owned and not adjoining any lot or
land in the same ownership at the effective date of this chapter may
be used, or a building or structure may be erected on such lot for
use, in accordance with all other applicable provisions of this chapter
or any amendment thereto, provided that proof of such separate ownership
is offered in the form of a title search.
E.
An existing building designed and used for a conforming use but located
on a nonconforming lot, whether the building is conforming or nonconforming
with respect to lot coverage and minimum yard requirements, may be
reconstructed, structurally altered, restored or repaired in whole
or in part, except that the degree of nonconformity shall not be increased.
A nonconforming use shall not be enlarged or extended except as provided in § 235-15 (regarding variances).
A nonconforming use shall be changed only to a conforming use,
except as otherwise provided.
A.
A nonconforming use shall be deemed to have been abandoned:
(1)
When it is changed to a conforming use.
(2)
In cases where such nonconforming use is of a building or structure
designed for such use when it has been discontinued for a period of
12 consecutive months. The intent of the property owner shall be irrelevant
to the issue of discontinuance of a nonconforming use.
(3)
In cases where such nonconforming use is of a building or structure
not designed for such use, or is of a lot or land whereon there is
no consequential building or structure devoted to such use, when it
has been discontinued for a period of six consecutive months. The
intent of the property owner shall be irrelevant to the issue of discontinuance
of a nonconforming use.
B.
A nonconforming use that has been abandoned shall not thereafter
be reinstated.
A.
A nonconforming structure or nonconforming use may be subject to
compulsory termination by the municipal legislative body when it is
found detrimental to the conservation of the value of surrounding
land and improvements or to future development of surrounding lands,
and therefore is tending to deteriorate or blight the neighborhood.
B.
In ordering the compulsory termination of a nonconforming structure
or nonconforming use, the Town Board will establish a definite and
reasonable amortization period during which the nonconforming use
may continue while the investment value decrement resulting from the
termination is amortized. Determination of the amount to be amortized
shall be based on the value and condition of the land and improvements
for the nonconforming use less their value and condition for a conforming
use, and such other reasonable cost as the termination may cause.
The rate of amortization shall be in accordance with reasonable economic
practice.
A.
There shall be a Zoning Board of Appeals and a Planning Board. Said
Zoning Board of Appeals shall consist of five members, and said Planning
Board shall consist of seven members. The method of appointment, terms
of office and tenure of all members shall be as prescribed by law,
including Town of Montgomery Local Law No. 2 of 1992 as may be amended
from time to time.[1]
B.
The Zoning Board of Appeals shall have all the powers and duties prescribed by law and by this chapter and New York State Town Law and shall decide all applications for variance or interpretation of this chapter as set forth at § 235-15.3 of this chapter. The Planning Board shall have all of the powers and duties prescribed by law and by this chapter, New York State Town Law and by the Subdivision Regulations of the Town of Montgomery[2] and shall review and decide all applications for special
use permits, subdivision applications and certain site plans as elsewhere
described in this chapter.
C.
The Zoning Board of Appeals and the Planning Board each shall appoint
a secretary and shall prescribe rules for the conduct of their affairs.
D.
All meetings of the Zoning Board of Appeals and of the Planning Board
shall be in accord with the provisions of New York State Public Officers
Law Article 7, as amended. A quorum shall consist of three members
of the Zoning Board of Appeals and four members of the Planning Board.
E.
Every decision by either board shall be by resolution and shall contain
a full record of the findings of either board in the particular case.
F.
Filing requirements. Town Law § 267-a at Subdivisions (2) and (9) (Chapter 692 of the Laws of 1991, effective July 1, 1992, and Chapter 248 of the Laws of 1992, effective July 1, 1992) are hereby superseded to the extent that the requirement that every decision of the Zoning Board of Appeals shall be filed in the office of the Town Clerk within five business days of the date such decision is rendered shall be deemed to be the date such written decision is approved by resolution of the Zoning Board of Appeals. See § 235-15.4D(4) and (5) for the filing requirements for actions of the Planning Board.
G.
Unless otherwise superseded, all use and area variances shall be
defined and shall meet the standards as set forth in New York State
Town Law §§ 267-a and 267-b, as amended.
(1)
Use variances. No such use variance shall be granted by the
Zoning Board of Appeals without a showing by the applicant that applicable
zoning regulations and restrictions have caused unnecessary hardship.
In order to prove such unnecessary hardship, the applicant shall demonstrate
to the Zoning Board of Appeals that for each and every permitted use
under the zoning regulations for the particular district where the
property is located:
(a)
The applicant cannot realize a reasonable return, provided that
lack of return is substantial as demonstrated by competent financial
evidence;
(b)
The alleged hardship relating to the property in question is
unique, and does not apply to a substantial portion of the district
or neighborhood;
(c)
The requested use variance, if granted, will not alter the essential
character of the neighborhood; and
(d)
The alleged hardship has not been self-created.
(2)
Area variances. In making its determination, the Zoning Board
of Appeals shall take into consideration the benefit to the applicant
if the variance is granted, as weighed against the detriment to the
health, safety and welfare of the neighborhood or community by such
grant. In making such determination, the Board shall also consider:
(a)
Whether an undesirable change will be produced in the character
of the neighborhood or a detriment to nearby properties will be created
by the granting of the area variance;
(b)
Whether the benefit sought by the applicant can be achieved
by some method feasible for the applicant to pursue, other than an
area variance;
(c)
Whether the requested area variance is substantial;
(d)
Whether the proposed variance will have an adverse effect or
impact on the physical or environmental conditions in the neighborhood
or district; and
(e)
Whether the alleged difficulty was self-created, which consideration
shall be relevant to the decision of the Zoning Board of Appeals,
but shall not necessarily preclude the granting of the area variance.
H.
Guiding principles.
(1)
Every decision by the Zoning Board of Appeals granting a variance
shall clearly set forth the nature and extent of such variance.
(2)
Every variance granted by the Zoning Board of Appeals may be made subject to conditions and safeguards as the Zoning Board of Appeals shall deem to be applicable to the particular case. Violations of such conditions or safeguards which are a part of the Zoning Board of Appeals' decision shall be deemed a violation of this chapter punishable under the provisions of § 235-16.
A.
Applications for any action by the Zoning Board of Appeals shall
be submitted in the form required by the Zoning Board of Appeals and
filed in the municipal office.
B.
The Zoning Board of Appeals shall fix a time and place for a public
hearing thereon, and shall provide for the giving of notice at least
five days prior to the date thereof, as follows:
(1)
By publishing a notice in the official newspaper.
(2)
By requiring the applicant to give notice of the substance of
every appeal for a variance together with notice of the hearing thereof
by causing notices to be mailed at least five days before the date
of said hearing to the owners of all property abutting that held by
the applicant in the immediate area (whether or not involved in such
appeal or application) and all other owners within 300 feet, or such
additional distance as the Zoning Board of Appeals may deem advisable,
from the exterior boundaries of the land involved in such appeal,
as the names of said owners appear on the last completed assessment
roll. Such notice shall be by certified mail, return receipt requested,
and the applicant shall furnish proof of compliance with notification
procedure; provided, however, that the Zoning Board of Appeals may
accept substantial compliance with these provisions in cases of difficulty
in serving such owners.
(3)
If the land involved in an application is within 500 feet of
the boundary of any other municipality, notice of the public hearing
shall also be mailed to the Municipal Clerk of such other municipality.
(4)
If the land involved in any appeal is within 500 feet of the
boundary of any other municipality, or any existing or proposed county
or state park or other recreation area, or the right-of-way of any
existing or proposed county or state parkway, thruway, expressway,
road or highway, or the existing or proposed right-of-way of any stream
or drainage channel owned by the county or for which the county has
established channel lines, or the existing or proposed boundary of
any county- or state-owned land on which a public building or institution
is situated, then notice of the public hearing and description of
the applicant's proposal shall be mailed to the Orange County
Planning Department.
(5)
The boundary of any active agriculture operation located within
a county agricultural district as defined by Article 25-AA of the
Agriculture and Markets Law, except for area variances.
C.
No action shall be taken on applications referred to the Orange County
Planning Department until the Department's recommendation has
been received or 30 days have elapsed after the Department received
the full statement on the applicant's proposal or unless or until
said Planning Department has indicated that the type of application
is one that it will not review, whichever event first happens.
D.
A record shall be established of all variances granted pursuant to
action of the Zoning Board of Appeals under this chapter. Each case
shall be identified by a sequential numbering system and alphabetically
by the applicant's name. Said files shall be available for public
inspection.
E.
The Zoning Board of Appeals shall keep minutes of its proceedings
showing the vote of each member upon every question or, if absent
or failing to vote, indicating such fact. The Zoning Board of Appeals
shall keep records of its examinations and official actions, all of
which shall be filed in the Clerk's office and shall be a public
record.
F.
Building permits authorized by Zoning Board of Appeals actions on
variance cases shall be obtained within six months and shall automatically
expire if construction under the permit is not started within 90 days
of issuance and completed within one year. Extensions of these periods
may be granted by the Zoning Board of Appeals where good cause is
shown.
G.
The fee for applications to the Zoning Board of Appeals or Planning
Board shall be in accordance with the Town Fee Schedule.[1]
[1]
Editor's Note: The Fee Schedule is included as an attachment to this chapter.
A.
The Board of Appeals shall, upon appeal, hear and decide:
(1)
Any matter where the applicant alleges that the Building Inspector
was in error in refusing to issue a building permit or certificate
of occupancy as a result of misinterpreting the meaning, intent or
application of any section or part of this chapter.
(3)
Any matter which the Building Inspector appeals on grounds of
doubt as to the meaning or intent of any provision of this chapter
or as to the location of a district boundary line of the Zoning Map.
B.
In addition to the above powers, the Zoning Board of Appeals shall
have all of the powers set forth in §§ 267, 267-a,
267-b and 267-c of the New York State Town Law, as amended.
The Planning Board shall have original jurisdiction and power
to grant a permit for a special permit use on a particular site wherever
it is expressly provided in this chapter that the special exception
may be granted upon application to the Planning Board without a finding
of practical difficulties or unnecessary hardship but subject to the
general provisions of this chapter and more specifically to the guiding
principles, general standards, and the special conditions and safeguards
contained in this section.
A.
Guiding principles.
(1)
Such use shall be one which is specifically authorized as a
special permit use in the district within which the subject site is
located.
(2)
Every decision by the Planning Board granting a permit for a special permit use shall clearly set forth the nature and extent of such authorized use and any special conditions or safeguards to which it shall be subject as a result of the Board's findings. Violations of any such limitations or special conditions and safeguards shall be deemed a violation of this chapter punishable under the provisions of § 235-16.
(3)
A special permit use for which a permit is granted by the Planning
Board pursuant to the provisions of this section shall be construed
to be a conforming use.
B.
General standards. For every such special permit use, the Planning
Board shall determine the following:
(1)
That such use will be in harmony with and promote the general purposes and intent of this chapter as stated in § 235-2.
(2)
That the plot area is sufficient, appropriate and adequate for
the use and the reasonably anticipated operation and expansion thereof.
(3)
That the proposed use will not prevent the orderly and reasonable
use of adjacent properties in adjacent use districts.
(4)
That the site is particularly suitable for the location of such
use in the community.
(5)
That the characteristics of the proposed use are not such that
its proposed location would be unsuitably near to a church, school,
theater, recreational area or other place of public assembly.
(6)
That the proposed use, particularly in the case of nonnuisance
industry, does conform with the local law definition of the special
permit use where such a definition exists, or with the generally accepted
definition of such use where it does not exist in the local law.
(7)
That access facilities are adequate for the estimated traffic
from public streets and sidewalks, so as to assure the public safety
and to avoid traffic congestion, and further that vehicular entrances
and exits shall be clearly visible from the street and not be within
75 feet of the intersection of street lines at a street intersection
except under unusual circumstances.
(8)
That there are off-street parking and truck loading spaces at least in the number required by the provisions of § 235-12, but in any case an adequate number for the anticipated number of occupants, both employees and patrons or visitors, and further that the layout of the spaces and driveways is convenient and conducive to safe operation.
(9)
That adequate buffer yards and screening are provided where
necessary to protect adjacent properties and land uses.
(10)
That adequate provisions will be made for the collection and
disposal of stormwater runoff from the site, and of sanitary sewage,
refuse or other waste, whether liquid, solid, gaseous or of other
character.
C.
Special conditions and safeguards for certain special permit uses by the Planning Board. No authorization for a building permit shall be granted by the Planning Board for any use listed in this section, unless the Board shall specifically find that, in addition to meeting all the general standards set forth in Subsection B, the proposed special permit use also meets the special conditions and safeguards required in this section.
(1)
Animal processing facility. All activities related to the animal
processing facility, including the detention pens, shall be conducted
within a building.
[Amended 2-28-2023 by L.L. No. 2-2023]
(2)
Access to state or county roads for heavy commercial traffic
generators. Uses considered to be heavy traffic generators include
big box retail uses, shopping centers, drive-through or drive-up facilities,
gasoline service/convenience stores, chain restaurants and hotels
or similar uses as specified by the Planning Board.
(a)
Such uses shall either have a primary access to a signalized
intersection with a state or county highway, or shall be located such
that their main access drive shall be no closer than 300 feet to a
signalized intersection as measured center line to center line of
the access road and signalized crossroad.
(b)
If said use has a signalized or full service access, a secondary
access may be limited to right-in-right-out turning movements.
(c)
Traffic studies may be required as determined by the Planning
Board.
(d)
Access roads or driveways out to the main road may be restricted
to an internal road intersecting said road or driveway at least 100
feet back from a state or county right-of-way.
(e)
Drive-through uses shall be required to have a pass-through
or pass-by lane adjacent to the drive-up or drive-through lane.
(f)
Each drive-through lane shall provide for the stacking of 10
vehicles without interfering with turning movements. Stacked vehicles
shall not be allowed to back into access roads or driveways.
(5)
Arena, assembly hall.
(a)
No building or structure shall be built within 50 feet of any
property line.
(b)
Lot coverage shall not exceed 20%.
(c)
The site boundaries shall be at least 200 feet distant along
any bounding street from any residence district boundary line.
(d)
In the B-4 District, the site shall have a minimum area of five
acres and minimum frontage of 400 feet along the principal bounding
road.
(6)
Automobile laundry. See "gasoline station with convenience store."
(7)
Building contractor storage and/or equipment yard.
(a)
The entire activity shall be contained within an eight-foot-high
opaque fence or equivalent landscaped screening.
(b)
There shall be no outdoor storage of waste materials or other
debris resulting from construction projects or from servicing of equipment.
(c)
The site shall be kept in such a condition as not to attract
or harbor pests, rodents or other vermin.
(8)
Bus passenger shelter.
(9)
Construction and demolition (C&D) processing. See "recycling
handling and recovery facilities" and determine relevant requirements.
See also Attachment 3, Bulk Requirements for Composting, Recycling
Handling and Recovery Facilities, annexed to this chapter and made
a part hereof.
(10)
Campgrounds.
(a)
Occupancy by any individual or group of individuals in any form
of permitted temporary, movable or portable shelter shall be for a
period of not longer than 120 days in any twelve-month period.
(b)
Each camping space shall be at least 3,000 square feet in area
with a minimum average width of 30 feet. There shall be an average
of no more than 10 campsites per acre for any campground.
(c)
Parking spaces for automobiles shall be 30 feet long and 12
feet wide with an eight-foot-wide strip of washed, crushed stone or
shale, or two-inch blacktop slabs over gravel or a stabilized surface.
Parking spaces for automobiles with trailers shall be 50 feet long
and 14 feet wide with a ten-foot-wide strip of washed, crushed stone
or shale, or two-inch blacktop slabs over gravel or a stabilized surface.
(d)
No camping space shall be within 50 feet of any property line
or within 100 feet of any watercourse which is part of any public
water supply system.
(e)
Each camping space shall be provided with thirty-amp, 240-volt
electrical service.
(f)
Sanitation facilities shall be furnished in accordance with
the following specifications:
[1]
One toilet for each sex for each 10 sites shall
be provided within 300 feet of each camping space. A minimum of two
toilets for each sex shall be provided.
[2]
Urinals shall be provided. Up to 1/2 the male toilets
may be urinals.
[3]
Lavatories shall be provided at a ratio of one
for each 15 units for each sex.
[4]
Showers shall be provided and must be served with
hot and cold or tempered water between 90° F. and 110° F.
and be available at a ratio of two showers for each 50 units for each
sex.
[5]
Slop sinks with flushing rims or basins and laundry
tubs with water supply shall be provided to serve each 50 units.
[6]
Each toilet and shower for which provision is made
in subsections above shall be in a private compartment or stall.
[7]
The toilet and other sanitation facilities for
males and females shall be either in separate buildings or shall be
separated, if in the same building, by a soundproof wall. The sanitation
facilities for males and females shall be distinctly marked to denote
the sex for which they are intended.
[8]
Where individual water hookups and sewage disposal
facilities are provided, the ratio shall be one toilet and lavatory
for each sex for every 40 units within 500 feet of each unit.
[9]
At least one travel trailer sanitary dumping station
shall be provided.
[10]
The owner of a campground shall provide for the
collection of refuse and garbage daily and shall also conveniently
locate fly-tight refuse containers on each campsite. Refuse containers
shall be cleaned, covered and maintained as often as may be necessary
to promote a wholesome and nonodorous condition to prevent the breeding
of insects therein.
(g)
Service buildings housing sanitation facilities shall be constructed
and maintained in accordance with the following specifications:
[1]
They shall be permanent structures complying with
all applicable ordinances and statutes regulating buildings, electrical
installations and plumbing and sanitation systems.
[2]
The service building shall be well lit at all times
of the day and night, shall be well ventilated with screened openings,
shall be constructed of such moistureproof materials, which may be
painted woodwork, as shall permit repeated cleaning and washing, and
shall be maintained at a temperature of at least 68° F. during
the period from October 1 to May 1. The floors of the service buildings
shall be of concrete or similar materials, elevated not less than
four inches above grade, and shall slope to a floor drain located
in each room.
[3]
All service buildings and the ground of the site
shall be maintained in a clean, sightly condition and kept free of
any condition that will menace the health of any occupant or the public
or constitute a nuisance.
(h)
All campgrounds in RA-.5, RA-1, and RM-1 Districts shall be
a minimum of 10 acres in area. All campgrounds in the B-3 District
related to a retail commercial facility and on the same lot shall
be a minimum of five acres in area.
[Amended 10-6-2022 by L.L. No. 10-2022]
(i)
Each campground shall provide a playfield at least one acre
in area. At least one acre of playfield for every 25 campsites shall
be provided.
[Amended 10-6-2022 by L.L. No. 10-2022]
(j)
Campground stores are permitted in the B-3 District.
[Amended 10-6-2022 by L.L. No. 10-2022]
(k)
Campground stores in all residential and industrial districts
are permitted to be located within the campground site and may be
part of the office.
(l)
Ancillary facilities such as stores, offices, swimming pools,
service buildings, etc., shall be submitted to the Planning Board
for site plan approval along with the overall development.
(m)
All water and sewer facility plans shall be submitted to the
Orange County Department of Health for approval prior to final site
plan approval and the issuance of building permits.
(12)
Commercial public recreation uses not otherwise prohibited.
(b)
The lot shall have an area of five acres or more and a minimum
frontage of 400 feet along the principal bounding roadway.
(c)
All buildings or structures shall be at least 50 feet from any
property line.
(d)
Lot coverage shall not exceed 20%.
(e)
Outdoor public address systems shall be prohibited.
(13)
Composting facility. See "recycling handling and recovery facilities"
and determine relevant requirements. See also Attachment 3, Bulk Requirements
for Composting, Recycling Handling and Recovery Facilities, annexed
at the end of this chapter and incorporated herein.
(14)
Conversion of an existing residential structure into multifamily
dwellings. Conversions shall be approved by the Planning Board, provided
all of the following criteria are met by the applicant and structure
in question:
(a)
Lot area. If central water and sewers are available, there shall
be no more than eight units per acre in an RM-1 Zone and no more than
three units per acre in an RA-1 Zone. If central water and sewers
are not available, there will be at least 20,000 square feet of lot
area per dwelling unit in the RA-1 and RM-1 Districts, and at least
30,000 square feet of lot area per dwelling unit in the RA-.5 District.
[Amended 10-6-2022 by L.L. No. 10-2022]
(b)
In order to be eligible for conversion, the original structure
shall have been constructed at least 30 years prior to the date of
application for a special permit use permit. Evidence of age satisfactory
to the Planning Board shall be submitted along with the application.
In addition, the structure must have a minimum livable area, exclusive
of garages, porches or basements, of 1,400 square feet.
(c)
Each proposed dwelling unit within the structure must have at
least 450 square feet of living area, exclusive of interior common
hallways, and direct egress to the exterior of the structure must
be provided.
(e)
Signs, other than those normally permitted elsewhere in this
chapter for the district involved for residential uses in residential
zones, shall not be permitted.
(f)
No office or retail or service commercial uses shall be permitted
within the structure.
(g)
The front yard and side yard facing a street shall be properly
landscaped prior to the issuance of a certificate of occupancy or
a landscaping bond may be required to be posted with the Town Board
up to the maximum of $1,000 at the discretion of the Planning Board
upon the advice of its landscape architect or engineer.
(h)
The structure's final appearance and potential density
shall be in keeping with the character of the immediate neighborhood
within 500 feet of the side and front lot lines. Only one entrance
shall be permitted for each facade of the structure per floor or story.
(i)
Each dwelling unit shall contain its own separate and private
bathroom and kitchen facilities wholly within each dwelling unit.
(j)
Each structure proposed for conversion shall have one dwelling
unit occupied by the property owner, and said property owner shall
be a resident of the premises for at least four consecutive years
preceding the application for conversion. Should the owner have a
place of permanent residence other than the premises in question for
a period of more than six consecutive months, the special exception
permit shall become null and void and the subject premises shall revert
to its original permitted use which existed immediately prior to the
issuance of the permit.
(k)
The location of the existing well and septic system shall be
shown on the site plan. Expansion of the septic system and/or a new
well may be required if there is evidence that their capacity is not
adequate for the units proposed, based upon current engineering and
health standards of the Town, county or state.
(l)
A new owner shall apply for a new permit for an existing accessory
apartment within two months of taking title to the property. Such
application shall be made directly to the Building Inspector. The
Building Inspector shall issue said permit if, after inspection, the
premises are in the condition approved in the original application,
and the application was made within two months of the initial ownership.
If these conditions have not been met the application shall be rejected
and the applicant shall reapply to the Planning Board.
(m)
The permit shall terminate upon the sale of the property by
the owner or by the death of the owner or survivor, or by the owner
no longer occupying the premises as his or her primary residence.
(n)
However, the provisions of this section shall not apply to an
existing lawful one-family dwelling to be converted to a two-family
dwelling if the existing lot meets all requirements as to lot area
and setbacks for a two-family dwelling in the district in which the
reconstruction or conversion is proposed and, further, that the Engineer
for the Town certifies that the sanitary disposal system will meet
acceptable standards for the two-family dwelling.
(15)
Day camp.
(a)
The lot shall have an area of five acres or more.
(b)
There shall be no more than one camper for every 2,000 square
feet of site area.
(c)
All buildings, structures and areas of organized activity such
as baseball diamonds, basketball courts, riding areas, swimming pools,
etc., shall be at least 100 feet from any property line.
(d)
Off-street parking areas shall be at least 50 feet from any
property line.
(e)
Only one permanent family dwelling unit shall be located on
the premises, and said dwelling unit shall comply with the provisions
of this chapter for the district in which the lot is located.
(f)
Public address systems shall be prohibited.
(g)
Only one sign not larger than 12 square feet in area shall be
permitted.
(h)
Landscaping and fencing shall be provided as required by the
Planning Board.
(16)
Eating establishment: drive-through, open front or curb service.
(a)
Such uses shall be separated by 1,000 feet from each other where
such uses are located on separate lots along the same side of the
same street frontage with direct access only to the same street. The
1,000-foot distance shall be measured between property lines and intends
to reduce curb cuts in commercial areas. Such eating facilities located
on a pad site within a shopping center or strip mall, or located in
a food court with other eating facilities, or in a travel center are
not governed by this separation requirement.
(c)
Internal traffic and pedestrian circulation and disposal of
refuse shall be approved by the Planning Board.
(17)
Gasoline station with convenience store.
(a)
This use category includes automobile laundries with or without
ancillary uses such as waxing, detailing and/or oil change service;
gas stations with or without convenience stores, auto laundries or
diesel fuel service; but does not include auto repair garages or auto
body shops.
(b)
The lot area shall be not less than one acre and shall have
a minimum frontage along a principal roadway of at least 200 feet,
unless such use is integrated as a pad site as part of a larger use
and has no individual frontage.
(c)
No church, school, library, playground or similar place of public
assembly shall be within 500 feet of the site if the site provides
gasoline or diesel fuel service.
(d)
All fuel pumps shall be located at least 25 feet from a building.
A fuel canopy shall be considered a structure and not a building and
shall not be allowed in a required front yard.
(e)
Traffic circulation of all vehicles within the site and entrance
and exit locations shall be approved specifically by the Planning
Board.
(f)
No sales or storage of motorized vehicles or trailers may occur
on the site.
(g)
Diesel fuel sales shall not exceed 15% of total fuel sales for
any thirty-day period.
(h)
Requirements found in § 235-15.4C(2) shall be applicable to these uses.
(18)
Gasoline station, liquefied petroleum gas (LPG).
(a)
The lot area shall be not less than 20,000 square feet, and
the lot shall have a minimum frontage along the principal roadway
of at least 150 feet.
(b)
Gallons shall be measured in terms of water capacity.
(c)
No church, school, library, playground or similar place of public
assembly shall be located within 500 feet of the site.
(d)
All storage tanks under 2,000 gallons' capacity shall be
located at least 25 feet from any building, structure or lot line;
75 feet from any residence; and shall be surrounded at all times by
a chain-link fence at least five feet in height with a self-latching
gate which shall be locked when the tank is not being actively used
or serviced. Alternative fencing may be approved by the Planning Board,
provided it is the equivalent of a chain-link fence or greater in
terms of security and penetrability.
(e)
Entrance or exit driveways shall be located at least five feet
from any side or rear property lines. Such driveways shall be so laid
out as to avoid the necessity of any vehicle backing across any right-of-way.
(f)
The area devoted to the outdoor storage of motor vehicles, or
parts thereof, for purposes of dismantling will be screened from view
of persons on adjacent streets by enclosing such areas with an opaque
fence eight feet high or locating them inside a building. No more
than five motor vehicles shall be stored outdoors overnight.
(g)
Premises shall not be used for the sale, rent or display of
automobiles, trailers, mobile homes, boats or other vehicles.
(h)
Storage tanks in excess of 2,000 gallons shall be located at
least 50 feet from a lot line and 100 feet from a residence.
(i)
Storage tanks shall be limited to 30,000 gallons' capacity with
a total storage capacity of 70,000 gallons on any one site.
(j)
LPG shall otherwise be stored and handled according to the latest
edition of the National Fire Protection Association Manual 58, which
shall be kept on file in the office of the Town Building Inspector.
(k)
Dispensing devices shall be located at least 20 feet from a
building or property line and 10 feet from a LPG container or tank.
(l)
Containers awaiting refilling shall be stored indoors, or if
stored outdoors they shall be located at least 10 feet from a lot
line and enclosed behind a solid fence.
(19)
Fuel storage.
[Amended 10-6-2022 by L.L. No. 10-2022]
(a)
Fuel storage tanks shall be set back from all lot lines at least
75 feet.
(b)
Fuel storage facilities shall be so screened that adjacent properties
shall be adequately protected from noise, odors and unsightly appearance.
(c)
The site shall provide adequate off-street parking for all employees
and loading spaces for all trucks which may be involved with the facility.
(d)
The height of a fuel storage tank may be increased to 50 feet
above the average ground elevation at its base where it is determined
that the terrain between the tank and the lot lines is more than 15
feet above the average ground elevation at the tank's base for
at least 3/4 of the tank's surrounding.
(e)
A dike shall be erected around the tank or tanks to contain
the fuel stored therein.
(20)
Full-service truck stops. Full-service truck stops must include
a restaurant, restrooms, fuel service and motel accommodations with
a minimum of 20 bedrooms. The use also may include auto and truck
repair facilities and/or a convenience store and/or truck wash. Uses
shall be permitted under the guidelines established herein and based
upon the following conditions:
(a)
Minimum lot size shall be 30 acres.
(b)
One tractor-trailer truck parking space shall be provided for
every 100 square feet of retail floor space and for every two seats
in the restaurant.
(c)
One automobile parking space shall be provided for every 150
square feet of retail floor space and for every two seats in the restaurant.
(d)
Each gasoline or diesel fuel pump island lane used by tractor-trailer
trucks shall provide for standing space for six trucks.
(e)
Adequate room shall be provided on site for maneuvering of all
vehicles. A traffic report prepared by a certified and licensed traffic
engineer which analyzes all existing and potential off- and on-site
traffic conditions shall be a part of the application for a special
permit use permit. Truck deceleration lanes shall be provided at least
100 feet in length plus tapers. The actual lengths shall be determined
after review of the traffic engineer's reports.
(f)
One tractor-trailer truck parking space shall be required for
each motel or transient residential accommodation.
(g)
Landscaping shall be provided along all lot lines unless waived
by the Planning Board where the existing landscaping is found to be
adequate.
(h)
Adequate lighting and signage shall be provided based upon current
requirements, and objectionable or hazardous lighting glare shall
be shielded from adjacent properties and streets.
(i)
Such establishments shall be located no closer to any state
highway than 300 feet. No direct access to any state highway shall
be permitted unless such access is via a separate ramp to and from
an interstate highway.
(j)
Additional uses which are allowed accessory to a full-service
truck stop are auto and truck repair facilities, a truck wash and
convenience store.
(k)
Drainage plans shall include oil/water separation systems acceptable
to the Town Engineer and Planning Board.
(21)
Golf course, country club on site of not less than 50 acres.
See "commercial public recreation uses," etc., for additional conditions.
(22)
Home veterinarian office, breeding kennel. See "animal hospital."
(23)
Hospital, sanitarium, nursing home, rest home:
(25)
Integrated residential, agricultural and light industrial community.
(a)
Such communities shall include the following allowable uses,
which may be approved as one special permit use permit on one or more
lots at the discretion of the Planning Board:
[1]
Living and sleeping accommodations for not more
than 250 residents in not more than 40 dwelling units distributed
over not more than 14 structures pursuant to a cluster plan authorized
elsewhere in this chapter.
[2]
Private cooking and dining facilities to service
only the residents, guests and invitees of the owner of the property.
[3]
Educational facilities.
[4]
Child care for the residents of the property.
[5]
Administration services.
[6]
Health care services for the residents of the property.
[7]
Recreation facilities.
[8]
Maintenance and farm buildings.
[9]
Cemetery.
[10]
House of worship.
[11]
Light industrial facility of not more than 85,000
square feet.
[12]
Heating facility.
[13]
Water supply, storage and distribution facilities.
[14]
Sewage treatment and collection facilities to
service only the lands within the RA-CE District.
(b)
Special conditions for this use are:
[1]
The execution of a conservation easement to assure
perpetual protection of open space and Town access to an undefined
potential water storage site. The conservation easement shall have
three parts:
[a]
The 73 +/- acre core area on which the new residential
structures, the services attendant to the residential community, the
main place of worship and ancillary uses are to be located, all as
to be shown on the proposed site plan.
[b]
The ten-acre portion of the site which would be
a tax-paying parcel limited to light industrial use of not more than
85,000 square feet plus a central heating plant subject to Planning
Board approval.
[c]
The remaining portion of 180 =/- acres of the site
will be limited to the existing residential structures, agriculture,
open space, access to a water storage area and other open space uses,
as defined in the conservation easement.
[2]
Access to the 73 +/- acre core area shall be limited
to Coleman Road. There will be no regular vehicular connection to
the adjoining ten-acre light industrial site. Emergency connection
will be maintained.
[3]
The core area shall be serviced by central water
and sewer systems to be built, operated and maintained by the landowner.
The site may contain a water storage tank with a capacity of appropriate
gallonage as is required for the community and a sewage treatment
plant with a treatment capacity of appropriate gallonage as is required
for the community, which STP shall service only the lands which are
within the RA-CE Zoning District.
[4]
The ten-acre light industrial portion of the site
is limited to a maximum build-out of 85,000 square feet for the light
industrial facility plus the heating plant and ancillary structures
as approved by the Planning Board.
[5]
The community will be heated by a biomass heating
plant with an initial capability of producing 950,000 btu/hour peak
output. Additional boilers will be added as needed. State permits
will be secured where required prior to being put on-line. A backup
system will be in place prior to issuance of the initial certificate
of occupancy. Fuel to be used in the biomass system shall be limited
to wood chips, which will be stored in an enclosed structure.
[6]
All development shall be consistent with the findings
of the completed SEQRA process adopted April 29, 2002, unless amended
by subsequent action pursuant to law.
[7]
Construction shall be limited to the hours of 7:00
a.m. to 7:00 p.m. daily except Sunday, when no construction is permitted.
(25.A)
Mobile home park - age restricted.
(a)
See "licensed mobile home court" and apply all
of those conditions as appropriate.
(b)
Unless otherwise determined in the sole discretion
of the Town Board, all improvements shall be privately constructed,
owned and maintained and the expense of all such construction, operation
and maintenance will be borne by the owners and/or occupants of the
park and not by the Town of Montgomery. Prior to any final approval
of the special permit use, appropriate documentation, including, without
limitation, bylaws, covenants, declarations and similar documents,
must be approved by the Planning Board and the Municipal Attorney
to ensure that all owners and occupants receive constructive notice
of such private obligations.
(c)
The Planning Board as a condition of the approval
of the special use may require that the issuance of site plans and
building permits be phased in accordance with the level of improvements
constructed and that a defined number of remaining building permits
be withheld until all required improvements are in place and fully
operational.
(d)
Each dwelling unit shall be occupied by at least
one resident at least 55 years of age, and no occupant shall be less
than 19 years of age. Prior to any final approval of the special permit
use, appropriate documentation, including, without limitation, bylaws,
covenants, declarations and similar documents, must be approved by
the Planning Board and the Municipal Attorney to ensure that these
age restrictions are followed and that all of the Town's expenses
of enforcement, including reasonable attorneys' fees, shall be paid
in full by the owner of the land and, in addition to all other available
remedies, such expenses may become a lien against the real property
and may be collected in the same manner as other Town taxes.
(e)
The overall density of the age-restricted mobile home park shall be established by the Planning Board during the review process and shall provide for permanently protected open space in such amount and location and with such conditions as approved by the Town Board prior to the issuance of a special exceptions use permit by the Planning Board. However, in no case shall the overall density established by the Planning Board be less than that allowed under § 235-6.3 for the R-MHC Mobile Home Court zoning designation. The location, extent and condition attendant to the open space shall be contained in a conservation easement or similar document to be approved by the Municipal Attorney and recorded with the Orange County Clerk prior to the issuance of the first building permit for the project.
(f)
Lands within the age-restricted mobile home park
shall not be subdivided into individual plots or parcels or lots.
However, the dimensional requirements as set forth for the R-MHC (Mobile
Home Court) District shall be used to develop an overall site plan
for the age-restricted mobile home park to determine such matters
as road layout, open space, utility services and overall allowable
development density.
(g)
Prior to June 1 of each year, the owner of the
age-restricted mobile home park shall submit to the Town Code Enforcement
Officer a certification executed by either an attorney or professional
engineer licensed to practice in the State of New York attesting to
the fact that, based upon an inquiry performed by the attorney or
professional engineer within the preceding 45 days, each dwelling
unit of the age-restricted mobile home park was occupied by at least
one resident at least 55 years of age and that no occupant was less
than 19 years of age.
(26)
Licensed mobile home court. The lot area shall be not less than
five acres, and a proposed site development plan for the entire site,
prepared by a licensed professional engineer, shall be submitted for
approval. The initial development shall cover at least two acres,
and subsequent additions shall be not less than one acre. All mobile
home courts in existence at the time of the enactment of this chapter
are required to comply with all requirements on this section within
two years of the date of enactment. The site development plan shall
reflect the following minimum standards and features:
(a)
A street system with paved roadways, a minimum of 20 feet wide,
with curbs or gutters, giving access to all mobile home spaces; and
at least two access drives to and from the public street.
(b)
Established mobile home spaces of not less than 2,000 square feet and a minimum width of not less than 30 feet; provided, however, that the average area of all spaces shall not be less than 3,000 square feet, and the average width of all spaces shall not be less than 40 feet. There shall be at least 12,000 square feet of area provided for each trailer. Area requirements of this Subsection C(26)(b) shall apply to all new mobile home courts and expansion of existing mobile home courts.
(d)
All mobile homes and accessory structures shall be at least
30 feet apart.
(f)
On-site storm water drainage system, including provisions for
well-drained mobile home spaces, interior private streets and other
public areas, as well as consideration for natural watercourses.
(g)
Sewage disposal and water supply systems approved by the New
York State Department of Health.
(h)
A fire protection system in accordance with standards of the
National Fire Protection Association recommendations, and as required
and approved by local fire district officials.
(i)
A complete electrical system in conformance with municipal electrical
code provisions, including outdoor lighting along all interior streets,
entrances and exits and in public open spaces, with at least one sixty-watt
bulb for each 50 feet of street length and an equivalent level of
lighting over public open spaces.
(j)
Garbage and trash collection points so located that no mobile
home is more than 150 feet from such a point, equipped with an adequate
number of metal garbage cans with tight-fitting covers, and appropriately
screened from view.
(k)
Centrally located public telephone, separate emergency sanitary
facilities for men and for women and emergency public water supply.
(l)
The location of other desired community facilities.
(m)
An equipped recreation facility with an area equivalent to the
proportion of one acre per 100 mobile home spaces in the court, but
not less than 1/2 acre in any case.
(n)
A walkway system of paved or stabilized gravel all-weather paths
along interior streets and leading to public open spaces.
(o)
All accessory structures in a mobile home court shall comply
with the Building Code, this chapter, and such other codes, ordinances
and regulations as shall apply.
(27)
Membership club, nonprofit. See "church," etc.
(28)
Motel, resort, inn and/or hotel.
[Amended 4-18-2022 by L.L. No. 6-2022]
(a)
There shall be at least two acres of lot area plus an additional
1,500 square feet for each additional overnight accommodation guest
unit beyond the first 75.
(b)
Accessory uses to a motel, inn and/or hotel on the same lot
may include a related office, restaurant facilities, conference rooms,
bars, lounges, gift shops, sundries shops, business centers, fitness
centers, recreation facilities solely for use by guests and off-street
parking, and which shall not exceed 25% of the total floor area.
(c)
Motels, resorts, inns and hotels shall be occupied only on a
transient basis, with the exception of a single overnight accommodation
guest unit, which may be used for occupancy by employees.
(d)
Resorts shall provide at least 200 square feet of accessory
interior recreational, restaurant, bar, lounge, or fitness floor area
or at least 5,000 square feet of exterior recreational amenities per
guest room or any combination thereof.
(29)
Nursery school. See "day camp."
(30)
Philanthropic, fraternal or social organization office or meeting
room. See "church," etc.
(31)
Planned adult community (PAC). "Planned adult community (PAC)"
is defined as a mixture of housing types, as approved by the Planning
Board, limited by age whereby at least one resident of a dwelling
shall be 55 years of age or older and no one under age 19 shall be
a resident of a dwelling unit. An applicant shall prepare and provide
the required bylaws, deed restrictions and other similar documents,
including, without limitation, the offering plan setting forth compliance
with the conditions herein contained and with the conditions of any
Planning Board approvals of a PAC, to the satisfaction of the Town
Attorney and other agencies with jurisdiction prior to final approval.
No authorization for any building permits shall be granted by the
Town unless the Planning Board shall have approved the special permit
use (SPU), site plan and/or subdivision (if any) applications upon
a finding that the total project is in keeping with the intent of
this provision to provide flexible planning for senior citizen residential
development and to promote the master plan while meeting the following
special conditions:
(a)
A planned adult community (PAC) only may be approved by the
Planning Board of the Town of Montgomery for the entirety of those
certain two tax parcels presently known as Town of Montgomery Tax
Map Section 29, Block 1, Lots 10, 32.11 and 32.12, together with tax
parcel 29-1-22.222, if said parcel is acquired to be a part of the
PAC, which Tax Map parcels consist of 191 contiguous acres more or
less, situate on the north side of Goodwill Road in the Town of Montgomery,
and are indicated on the Zoning Map of the Town as RA-1/PAC.
[Amended 4-18-2022 by L.L. No. 6-2022]
(b)
An overall development plan shall be presented showing the use
or uses proposed at a scale of one inch equals 200 feet or larger
indicating the areas set aside for each use, and the locations of
all structures, parking spaces, rights-of-ways and roads or drives
and the provision for central community water and sewer services or
other public services. Subsequent plans at larger scales for various
project components shall be required under the subdivision or site
plan review process.
(c)
The gross density in terms of dwelling units per acre over the
entire development shall not exceed the number of units permitted
as determined by multiplying the net acreage on the site by the density
factor of 2.75 dwelling units per acre, exclusive of senior citizen
assisted-living units as otherwise defined elsewhere in this chapter.
(d)
Net acreage is that area of the site remaining after the following
areas have been deducted:
[1]
Water bodies existing at the time of applications.
[2]
Areas subject to flooding under FEMA mapping or
within the FP District as regulated herein.
[3]
Areas occupied by a public utility easement in
such a manner as to prevent their use and development for uses other
than open space, agriculture, roads or parking lots.
[4]
Areas to be used for religious, commercial, educational,
cultural institutions or other quasi-public, institutional or medical
or residential care facilities. Public schools, future public or private
roads, recreation areas or buildings affiliated with the residential
development's owners' association shall not be deducted
in determining net acreage.
(e)
The resultant open space or common land shall be used for recreational
and community purposes, including natural parkland, community association
buildings, active and passive indoor and outdoor recreation areas,
open space or field areas, storage buildings and areas for community
residents only, and service or garage and storage buildings for the
community.
(f)
The proposed PAC shall comply with all the Zoning Law requirements
except for lot area, width, coverage, setback and other dimensional
requirements as approved by the Planning Board. As part of the residential
cluster, dwellings may be in the form of single-family attached or
detached, townhouse or multifamily dwellings in whatever form of ownership
is mutually agreed to between the applicant and Planning Board. Central
sewer and water services shall be required for all units.
(g)
Additional uses allowed in the planned adult community as special
permit uses:
[1]
Commercial retail, personal service, food service
and office uses up to a maximum of 3% of the gross site area contained
in the application prior to any subdivision. These uses are allowed,
provided they are located in the central or core area of the site
at least 400 feet away from existing roads and primarily intended
to serve the residents of the PAC.
[2]
Senior assisted-care facilities and nursing care
facilities. In a planned adult community these uses shall not be required
to have direct access to a state or county road. The maximum density
for senior assisted-care facilities shall not exceed 25 senior assisted-care
units per acre. The maximum number of senior assisted-care units shall
not exceed 200 in any one PAC.
[3]
Recreational facilities as part of the open space
and recreational area for a planned adult community, including a community
center or clubhouse.
[4]
Accessory uses allowable in a PAC are limited to
the following, all of which shall be subject to Planning Board special
permit use permit and site plan approval:
[a]
Table of Use Regulations for Residence and Agricultural
Districts, Row F, Items 2 through 4, 6, 7, and 9.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
[b]
Table of Use Regulations for Business and Industrial
Districts, Row F, Items 2, 3, 5, 6, and 9 through 15.[2]
[2]
Editor's Note: Said table is included as an attachment to this chapter.
[5]
Limited commercial, directional, development and
announcement signs along Goodwill Road shall be restricted and/or
controlled by the Planning Board and allowed only in keeping with
the intent of this chapter to limit commercial activity along existing
Town roads.
[6]
Residential and commercial uses are allowed to
be mixed in a structure or on a portion of the site, but the commercial
portion of the mixed-use area shall count toward part of the 3% maximum
allowable area for commercial uses.
(h)
Golf courses or country clubs in an adult community can be executive
or short courses and are not required to be 50 acres in area on one
or more lots.
(i)
Lots in adult communities may have access to private roads.
Private roads are allowed in adult communities, provided they are
located within fifty-foot-wide rights-of-way, and further provided
they are constructed to Town Board specifications in terms of cross
sections. Road widths, curbing, sidewalks and drainage shall be determined
by the Town Engineer and Planning Board.
(j)
The subdivision of lots within a planned adult community shall
be reviewed and approved simultaneously with the special permit use
and site plan applications. If a subdivision is required, it shall
be reviewed in accordance with the current Subdivision Regulations
of the Town.[3]
(k)
Recreation fees in lieu of parkland shall be chargeable to each
residential unit (not including senior assisted-care facilities) at
a rate of $1,000 per dwelling unit for the first 250 units, payable
at the time of application for the building permit for the particular
unit or units. The Building Department shall refuse to issue a building
permit unless this recreation fee has been paid. In the event that
all of the on-site recreational facilities have been fully constructed
and are in operation and available to area senior citizens in a manner
similar to the availability of these facilities to community residents
at the time of the issuance of the building permit for the 250th dwelling
unit, no further recreation fees shall be due and owing. In the event
that all of said on-site recreational facilities are not operational
and available to the community residents and area senior citizens
as above, the recreation fees at the rate of $1,000 per dwelling unit
or lot shall be due and payable for all such units in excess of 250
units until such time as all of the on-site recreation facilities
are operational and available to such persons. There shall be no refunds
of any recreation fees once due, owing and paid, notwithstanding that
all of the on-site amenities eventually are operational and made available
to the community residents and area senior citizens as above.
(l)
Application fees shall include the following:
[1]
Subdivision fees for single- and two-family lots
where appropriate;
[2]
SEU and site plan fees in accordance with the fee
schedule for all other multifamily residential, commercial, recreational,
senior or health care or community facilities or other disturbed areas;
[3]
SEQRA fees as appropriate in accordance with 6
NYCRR 617.13(a) through (g), inclusive, as same now exists or may
be amended.
(m)
In the context of this § 235-15.4(C)(31), the words
"community" or "community association" refer strictly to the development
and residents thereof and not to the greater Montgomery area outside
the boundaries of the proposed development.
(n)
It is the general policy of the Town that all central sewer
and water systems be owned and operated by the Town or a Town improvement
district. It is required as a condition to final approval of the special
permit use, site plan and/or plat that any central sewer and/or central
water systems shall become a part of an improvement district that
shall be legally formed or extended at the sole discretion of the
Town. Such systems necessary to service the subject PAC, together
with their appurtenances, shall be offered for dedication to such
districts without costs to the districts. The owner shall petition
the Town Board in this regard prior to the sale or transfer of any
part of the subject property. In the event that additional water and/or
sewer capacity is developed by the sponsor over and above the needs
of the PAC, a fair and equitable share of the permitting and construction
costs of said additional systems shall be paid by any other users
of said facilities.
(o)
In connection with § 235-15.4C(31)(n) above, no development shall occur within a 200-foot radius of a wellhead constructed within the area noted as a "favorable location of a high-yielding bedrock well" as set forth on those certain maps and in those certain reports entitled "Orange County Groundwater Study, Orange County Water Authority for the Town of Montgomery," dated May 1998.
(32)
Public library, museum, community center, fire station, municipal
office or other governmental building of similar character. See "church,"
etc.
(33)
Public passenger transportation station or terminal. All loading
or unloading locations for public transportation vehicles shall be
off-street.
(35)
Public utility structure or right-of-way necessary to serve
areas within the Montgomery community, excluding business office,
repair or storage of equipment.
(36)
(Reserved)
(37)
Recycling handling and recovery facilities.
(a)
This subsection shall regulate recycling handling and recovery
facilities, including:
(b)
General requirements.
[1]
This § 235-15.4C(37) specifically excludes any of the facilities listed above which may be owned and/or operated by the Town of Montgomery.
[2]
All other recycling uses are excluded under this
chapter and, therefore, are not permitted.
[3]
All proposed facilities must comply, at a minimum,
with all applicable state requirements pursuant to Part 360 as amended
from time to time. All specific references in this chapter to 6 NYCRR
Part 360, or to "Part 360," shall mean such section and subsections
most recently amended.
[4]
All proposed facilities, regardless of size or
throughput unless specified otherwise, must comply with the requirements
of this chapter.
[5]
Proposed facilities must demonstrate compliance
with the approved Orange County Solid Waste Management Plan or receive
approval from the Orange County Department of Environmental Facilities
and Services or successor agencies.
[6]
All facilities/uses covered under this § 235-15.4C(37) are considered special permit uses and, therefore, require a special permit use permit and site plan approval by the Planning Board and in accord with this § 235-15.4 and § 235-16.5 of this chapter, as amended, regardless of whether a building permit is required. These facilities may be permitted as a special permit use as listed in the Table of Use Regulations for Business and Industrial Districts.[4]
[4]
Editor's Note: Said table is included as an attachment to this chapter.
[7]
An applicant may apply for more than one special
permit use for facility regulated by this subsection.
[8]
Subject to the existing requirements of the Zoning Law of the Town of Montgomery, including § 235-9.1A, this subsection is not intended to restrict or prohibit the storage and/or recovery or recycling of farm products in accord with generally accepted farming practices, nor is this subsection intended to prevent or prohibit the storage of such materials by individual landowners for their own use or by retail landscape stores and/or garden centers that store not more than the amount of finished product reasonably expected to be sold at retail.
[9]
For the purposes of this chapter, the Town Board
finds that the storage of organic material and the recovery or recycling
of same is not an agricultural practice unless such facility is operated
in connection with an ongoing agricultural operation for the purpose
of storage of annual field crops or the recycling or recovery of animal
wastes. An agricultural operation is as that term is defined in the
relevant sections of the Agriculture and Markets Law of the State
of New York.
(c)
Submission requirements. The applicant shall provide the following
information, as prepared by a New York State licensed professional
engineer, to the Planning Board for review at the time of the application:
[1]
A site plan that indicates property lines, buildings and appurtenances, roads, parking areas, drainage patterns, elevation contours, location of residences, potable wells and surface water bodies, including wetlands, both on the subject site and within 200 feet of the boundaries thereof. All requirements of § 235-16.5, Required site plan procedure and standards, of this chapter must be met.
[2]
A facility operations plan must be submitted indicating
the times of operation, expected quantities of material to be received
and processes to be used. This plan must include an outline of throughput
duration, operations and maintenance schedules, equipment processes,
including distribution of product, as well as the time frame other
materials will remain on site.
[3]
A description of the source, quantity and quality
of material proposed to be processed at the facility.
[4]
A description of facility operations, including
a list of equipment to be used, including trucks, expected travel
routes and methods of application.
[5]
Odor, dust and vector control plan.
[6]
Written notification that the requirements of Part
360 have been met. If a NYSDEC permit is required, written notification
from the NYSDEC must be submitted. All SEQR and permit applications
and determinations shall be coordinated at the discretion of the Planning
Board and/or otherwise if required by law. In all circumstances, if
the provisions of this chapter impose a more stringent standard, such
provisions shall control. If a NYSDEC permit is not required, the
applicant must, nevertheless, comply with requirements of the Part
360 regulations and all revisions thereof and the requirements of
this chapter to the satisfaction of the Town Planning Board.
[7]
A contingency plan for use in the event of an on-site
emergency. The contingency plan must be submitted to and be approved
by the Town of Montgomery Planning Board after referral to the appropriate
fire company and other emergency service agencies.
[8]
Financial assurance estimates and proposed form of surety as per § 235-15.4C(37)(f).
[9]
A proposed facility closure plan.
(d)
Siting and design requirements.
[1]
The facility must be located on a suitable base
material to ensure stability and accessibility.
[2]
Approach roads to the facility and access roads
within the facility must be constructed for all weather conditions
and maintained in passable conditions at all times to allow for access
by firefighting and emergency response equipment.
[3]
The site and facilities shall generally be level
and well drained and must be free of standing water with the exception
of fire suppression or other mitigative facilities.
[4]
Depth to seasonal high groundwater table must be
greater than 24 inches at all points where operations occur.
[5]
Surface water drainage must be diverted away from
the operating and storage areas.
[6]
The facility must have adequate water supply for
operations and dust control.
[7]
The facility must meet the setback requirements
specified in the Table of Bulk Requirements for Composting, Recycling
Handling and Recovery Facilities in this chapter.[5]
[Amended 11-3-2022 by L.L. No. 13-2022]
[5]
Editor's Note: Said table is included as an attachment to this chapter.
[8]
The facility must comply with the provisions of § 235-11.9 (Performance buffering).
[Amended 11-3-2022 by L.L. No. 13-2022]
[9]
Access to the site shall be controlled to prevent
unauthorized dumping during nonbusiness hours. The operator shall
establish a procedure and mechanism for proper disposal of orphaned
waste at an approved disposal facility.
[10]
In no case will any facility operation be located
on a 100-year floodplain or regulated wetland.
[11]
The loading and unloading areas must be adequate
in size and design to facilitate efficient unloading and loading of
vehicles and the unobstructed movement of vehicles.
[12]
The facility may only be sited as a special permit
use as specified pursuant to this chapter.
[13]
The facility must be designed in accordance with
the specifications in the Table of Bulk Requirements for Composting,
Recycling Handling and Recovery Facilities in this chapter.
(e)
Operations. The applicant must submit an operations plan which
provides an overview of daily operations and maintenance schedules,
equipment, including without limitation construction vehicles and
schedules for the transfer and/or sale of recycled goods or finished
products. The term "operations" shall also include the storage of
any and all materials. The operations plan must demonstrate that the
following criteria will be met:
[1]
General.
[a]
Dust from operation areas and roadways shall be
controlled so as to not migrate off site.
[b]
No materials shall be allowed to blow off site.
[c]
All odors must be controlled in a manner to prevent
a nuisance to off-site properties and as described in the operations
plan.
[d]
The owner/operator must maintain daily operational
records for the facility, yearly truck quantities of each type of
material entering and leaving the facility, the mechanism used for
processing the material and a listing of end uses of this material.
This information must be summarized and submitted to the Town Planning
Board in the form of a facility report every six months from the date
of approval or at more frequent intervals if, in the judgment of the
Planning Board, such more frequent submittals are required.
[e]
Fire precautions must be made to reduce the risk
of ignition and fire at the facility. This will include, at a minimum,
limiting smoking, welding, storage of flammable liquids and open fires
to areas with less risk.
[f]
Provisions for vector and insect control must be
made so as to limit on- and off-site impacts.
[g]
Any changes to the facility design or operations
as submitted to the Town Planning Board in the original application
shall be submitted to the Town Planning Board for review and for approval
as a site plan modification.
[i]
All facilities regulated under this § 235-15.4C(37) shall operate only during the following hours: 7:00 a.m. to 5:00 p.m., Monday through Friday, and 8:00 a.m. to 12:00 noon on Saturdays. No operations shall be conducted on Sundays and the following holidays: New Year's Day, Memorial Day, the Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day.
[2]
Additional operations requirements for composting
facilities.
[a]
At a minimum, all requirements of 6 NYCRR 360-5.5
must be met.
[b]
In addition, all composting facilities receiving/processing more than 10 cubic yards (CY) per week of organics must comply with this chapter and § 235-15.4.
[c]
The facility must utilize a steady supply of balanced
feedstock to allow composting operations without significant stockpiling
of one type of material.
[d]
Yard waste or compost product may not be stored
on site for more than 12 months.
[e]
Compost piles must be turned when reaching excessive
ranges of heat 145° F., when in need of aeration and/or when the
pile is becoming anaerobic.
[f]
Finished compost product stored on site must be
sufficiently mature so as to not produce nuisance conditions on off-site
properties, including odor, vector attraction and potential for fire.
[g]
Material that is not to be managed on site must
be removed within 10 days. This includes solid waste and other materials
not approved for processing on site by the Town.
[h]
The decomposition process will be properly managed
and maintained in an aerobic condition to prevent unnecessary odors.
The temperature of compost piles shall be monitored and recorded regularly
during the decomposition process. The temperature records must be
submitted to the Town Planning Board as part of a biannual or more
frequent facility report, the substance and contents of which shall
be determined as a condition of the permit.
[i]
To reduce pathogen and weed seed growth, the piles
must have a recorded temperature of at least 55° C. or 140°
F. for three consecutive days prior to finished product distribution.
[j]
A post-permit monitoring fee in accordance with § 235-15.4C(37)(i) shall be paid to the Town to facilitate inspections and record upkeep of composting facilities.
[3]
Additional operations requirements for recyclable
handling and recovery facilities.
[a]
At a minimum, all requirements of 6 NYCRR Part
360-12 must be met.
[b]
Trucks transporting recyclables must be removed
within one week of being filled to capacity.
[c]
A post-permit monitoring fee in accordance with § 235-15.4C(37)(i) shall be paid to the Town to facilitate inspections and record upkeep of recyclables handling and recovery facilities.
[d]
All on-site storage shall occur inside of an approved
structure or contained within a covered roll-off or other acceptable
container.
[4]
Additional operations requirements for waste tire
storage and processing facilities.
[a]
Waste tire storage and processing facilities must, at a minimum, meet the requirements of 6 NYCRR 360, Subpart 12, and § 235-15.4C(37)(c). If the processing facility requires tires, the requirements of 6 NYCRR 360, Subpart 13, must also be met.
[b]
Facilities storing 1,000 or more tires at any time
during a year or a facility processing 1,000 or more tires per year
must comply with this subsection, including the requirements listed
below.
[c]
Trailers transporting tires, either whole or processed,
must be removed from the site or placed within the approved structure
within one week of being filled to capacity. Each trailer must be
registered with the NYSDEC under a valid waste transporters permit
pursuant to 6 NYCRR Part 364. Not more than six trailers may be stored
at any one time on sites of under three acres. For sites in excess
of three acres, two additional trailers may be stored for each additional
acre.
[d]
The owner/operator must have established markets
for the timely removal of tires.
[e]
Unprocessed tires not otherwise stored in trailers
per the requirements herein must be stored inside of a structure that
is acceptable to the Town Planning Board. Such a structure shall at
a minimum consist of a roof, four walls and a foundation to adequately
secure the tires from the elements and to prevent vectors from having
unrestricted access to the facility.
[f]
Tires received must be appropriately sorted and
stored immediately upon receipt.
[g]
Waste tire storage areas must be accessible on
all sides to firefighting and emergency response equipment.
[h]
A post-permit monitoring fee in accordance with § 235-15.4C(37)(i) shall be paid to the Town to facilitate inspections and record upkeep of waste tire storage and processing facilities.
[5]
Additional operations requirements for construction
and demolition debris processing facilities.
[a]
At a minimum, all requirements of 6 NYCRR 360,
Subpart 16, must be met.
[b]
A post-permit monitoring fee in accordance with § 235-15.4C(37)(i) shall be paid to the Town to facilitate inspections and recordkeeping of construction and demolition debris processing facilities.
[c]
All construction and demolition processing shall
be performed wholly within an approved structure.
[6]
Additional operations requirements for transfer
stations.
[a]
At a minimum, all requirements of 6 NYCRR 360,
Subpart 11, must be met.
[b]
Facilities handling 1,500 tons per year or 6,000
cubic yards per year or more of solid waste must comply with this
subsection.
[c]
Solid waste must be removed within five days of
receipt at the facility or whenever transfer containers are full,
whichever comes first.
[d]
Transfer stations that store, collect or process recyclables must also comply with § 235-15.4C(37)(e)[3] of this section.
[e]
Transfer stations that collect, store or process compostables must comply with § 235-15.4C(37)(e)[2] of this section.
[f]
Transfer stations may not compost solid waste under
this subsection.
[g]
A post-permit monitoring fee in accordance with § 235-15.4C(37)(i) of this chapter shall be paid to the Town to facilitate inspections and record upkeep of transfer stations.
[h]
All transfer station operations shall be performed
wholly within an approved structure.
[7]
Additional operations requirements for wood-chipping
facilities.
[a]
At a minimum, all requirements of 6 NYCRR Part
360-5 must be met.
[b]
In addition, all wood-chipping facilities receiving/processing
more than 10 cubic yards (CY) per week of wood chips must comply with
this chapter.
[c]
Wood chips may not be stored on site for more than
12 months.
[d]
Wood chip piles must be stored in a manner that
will prevent them from decomposing on site.
[e]
Finished product stored on site must not produce
nuisance conditions on off-site properties, including odor, vector
attraction and potential for fire.
[f]
All finished product must be stored inside of an
approved structure or must be covered by impermeable material to protect
the material from the elements and to prevent decomposition of the
material on site.
[g]
A post-permit monitoring fee in accordance with § 235-15.4C(37)(i) of this chapter shall be paid to the Town to facilitate inspections and record upkeep of wood-chipping facilities.
(f)
Financial assurance.
[1]
The owner and operator of the proposed facility
will be required to provide for financial assurance for facility closure,
and such financial assurance shall be in addition to and not in lieu
of any other security posted with any other federal, state or county
regulatory agency. The forms of financial assurance acceptable to
the Town of Montgomery include an irrevocable letter of credit, closure
trust fund, or passbook assignment. The mechanism for closure financial
assurance must be approved by the Town Board.
[2]
Surety must be in an amount equal to the disposal
cost of maximum facility capacity plus associated transport, cleanup
and handling fees to be determined by the Town at the time of application.
Disposal costs are based on the current tipping fees at the Orange
County transfer station multiplied by the facility maximum capacity.
In the event that the Town Board determines that the surety is not
adequate to properly close the facility, then, upon written notification
to the permit holder, the Town Board may modify the surety requirements
accordingly. Upon receipt of such notification, the permit holder
shall provide evidence of surety to the Town Board within 30 days.
(g)
Penalties and remedies. The failure to maintain and operate the site as required by these regulations shall be grounds for enforcement as noted in § 235-16.10 of this chapter and any revisions thereof with the following attendant penalties therein:
[1]
If the Town Building Inspector or his deputy determines that a facility is operating in contravention to its approved site plan and/or facility operations plan and/or special permit use permit, the Inspector shall serve notice to the owner and/or operator of the facility as specified in § 235-16.10 of this chapter.
[2]
Such notice will require the owner and/or operator to take action immediately after service of the notice. If the violation is not remedied within a reasonable time after said notice, fines may be imposed by the Town in the amount of 2% per week of the estimated facility closure cost as calculated under § 235-15.4C(37)(f).
[3]
In addition to other remedies provided by law,
any appropriate action or proceeding, whether by legal process or
otherwise, may be taken to correct or abate such violation of this
chapter.
[4]
Notwithstanding the above, if the Town Building
Inspector or his deputy determines that immediate remedial action
must be taken to prevent a potentially hazardous condition from causing
damage to persons and/or property, the owner and/or operator of the
facility or the person on the site with the most authority of the
owner and/or operator, if different, shall be served with a written
notice advising of the immediate action to be taken and that failure
to immediately undertake such action and pursue to completion with
all due diligence shall result in a call of all or a portion of the
financial security without further notice.
(h)
Renewals.
[1]
Permits issued by the Town of Montgomery Planning Board for any and all facilities and operations shall be valid for a period of two years from the date of issuance. The permit holder shall notify the Planning Board Chairman and Town Building Inspector, in writing, at least 120 days prior to the expiration date of the permit to either i) indicate that the facility is being closed in accordance with the approved closure plan on file with the Town; or ii) make formal application to the Planning Board for renewal of the permit. Formal application to the Town shall include a certification signed by the applicant and owner attesting that the facility is currently operating in compliance with all applicable requirements of this chapter and the permit for the facility as issued by the Planning Board. The formal application for renewal shall also include such information as deemed necessary by the Planning Board to authorize the Planning Board to meet the requirements specified in § 235-15.4C(37)(h)[2] below.
[2]
Upon notification from the permit holder that the
permit is to be renewed, the Town Planning Board shall review the
compliance records of the permitted facility and may require the applicant
to update the operations plan, closure plan and/or site plan to address
deficiencies in current operations and/or the application of new technologies
or changes in applicable regulations, or make other necessary modifications
as deemed necessary and appropriate by the Planning Board. The Town
Planning Board may also require changes to the form or amount of financial
assurances provided for closure of the facility, subject to the approval
of the Town Board. The Planning Board is not required to convene a
public hearing for permit renewal applications intended to be approved
by the Planning Board but, in its discretion, may convene such public
hearings.
[3]
If the Planning Board determines that there exists
a basis to deny the completed renewal application, it shall notify
the permit holder of its intent in writing. The Planning Board shall
issue its formal written notice of intent within 45 days of receipt
of a complete renewal application. Once the Planning Board issues
this written notice of intent, the Planning Board shall schedule and
convene a public hearing for purposes of receiving evidence on the
issue of the permit renewal application.
(i)
Monitoring fees. In connection with any and all permits granted
hereunder, the permittee shall pay to the Town of Montgomery within
14 days of issuance of the permit a post-permit monitoring fee representing
the estimated expense of the Town of Montgomery in monitoring the
subject facility for a one-year period for compliance with the permit
or permits herein granted. Prior to issuance of the permit or permits,
the Planning Board shall submit to the Town Board a written recommendation
as to the proposed first-year monitoring fee. The applicant and the
proposed permittee, if different, shall be provided with a copy of
such written recommendation. Within 30 days of receipt of such written
recommendation, the Town Board, at a public meeting, shall establish
said fee after providing the applicant and/or permittee with an opportunity
to comment on the fee issue only, either orally or in writing.
[1]
This fee may be adjusted on an annual basis by
the Town Board. If an adjustment is made, the permittee must have
prior notice of same and must be presented with an opportunity to
be heard.
[2]
Failure to pay the initial fee and/or failure to
pay the annual fee shall be grounds to revoke said permit or permits.
(38)
Repair garage.
(a)
The lot area shall not be less than one acre.
(b)
All repair garages which provide gasoline station services shall meet the requirements of § 235-15.4C(17).
(c)
Traffic circulation of all vehicles within the site and entrance
and exit shall be approved by the Planning Board.
(d)
Premises shall not be used for the sale, rent or display of
motor vehicles, trailers, mobile homes or boats.
(e)
The area devoted to the outdoor storage of damaged motor vehicles
or parts thereof, for purposes of dismantling, insurance review or
service, will be screened from view by enclosing such areas with an
opaque fence eight feet high or locating them inside a building. Outdoor
storage of more than five vehicles shall be regulated by the Planning
Board during the site plan approval process.
(39)
Retail industry.
(a)
The lot area shall be not less than eight acres with a minimum
frontage along a state highway of at least 800 feet and with an average
lot depth of 400 feet.
(b)
Landscaping shall be provided along all side and rear lot lines
and front facades of buildings unless waived by the Planning Board
where the existing landscaping or natural vegetation is found to be
adequate.
(c)
Adequate lighting and signage shall be provided based upon current
requirements, and objectionable or hazardous lighting glare shall
be shielded from adjacent properties or streets.
(d)
The lot shall otherwise be subject to all other dimensional
requirements of the Table of Dimensional Regulations for B-1 District
uses.[6]
[Amended 4-18-2022 by L.L. No. 6-2022; 10-6-2022 by L.L. No. 10-2022]
[6]
Editor's Note: Said table is included as an attachment to this chapter.
(40)
Roadside markets substantially or primarily for the sale of
farm products produced on the premises.
(a)
The roadside market shall be so located as to provide adequate
sight distance along the access roadway to permit customers reasonable
time to turn into the site.
(b)
There shall be adequate off-street parking of sufficient depth
so that the entrance areas shall not be blocked.
(c)
Entrance areas shall be so graded and stabilized as to assure
convenient access to the site.
(d)
Outdoor floodlighting shall be prohibited.
(e)
Only one sign not larger than 12 square feet in area shall be
permitted.
(40.A)
Self-storage centers.
(a)
Permitted activities. Only dead storage activities
shall be permitted. For the purpose of this section, "dead storage"
shall mean the keeping of goods not in use and not associated with
any office, retail or other business activity conducted on the premises.
Conducting an office, retail or other business use or sales from a
storage unit shall be prohibited. One office facility and one accessory
dwelling unit for a resident manager shall be permitted within the
site in appropriately designed structures. If included, any dwelling
unit must be an integral part of a principal building and shall not
be a mobile home or other freestanding structure.
(b)
Inside storage required. Outside storage shall
be prohibited except for boats and campers which may be stored in
a special parking area not in a required front yard. Storage of all
other property shall be inside a building. Vehicle parking shall be
provided for tenants and employees only while they are on the premises.
Except for storage of boats and campers, motor vehicles shall not
be parked overnight or otherwise stored outdoors on the site.
(c)
Building locations and materials. Wherever possible,
any new buildings shall be located so that their long dimension is
perpendicular to the fronting street. Building facades facing the
fronting street shall be on masonry construction. Minimum distance
between buildings shall be 25 feet.
(d)
Minimum width of drives shall be 20 feet. Drives
shall be set back from the ends of buildings by a minimum of five
feet. Drives shall be surfaced with asphalt or oil and chip. Traffic
direction and parking shall be indicated by signs, either freestanding
or painted on the pavement.
(e)
Hazardous materials prohibited. Storage of gasoline
or other vehicle petroleum products, radioactive materials, explosives
and flammable or hazardous chemicals shall be prohibited, and the
operator of the self-storage center shall include a provision to that
effect in any lease used to rent the storage units.
(f)
Landscaping and security. The facility must comply with the provisions of § 235-11.9 (Performance buffering). The entire site shall be fenced to prevent vandalism or criminal activity. Any fencing for security or aesthetic purposes shall be approved by the Planning Board as to material, height and color. Site lighting shall be provided and shall be directed or shielded to prevent glare on adjacent properties or roadways in accordance with this chapter.
[Amended 11-3-2022 by L.L. No. 13-2022]
(g)
Drainage. All areas between buildings shall be
drained by storm sewers. Any such storm sewer discharging to a surface
swale or drainageway shall discharge into a detention basin with a
minimum storage capacity of 1/4 acre feet per acre of impervious site
cover.
(41)
School, elementary or high, public, denominational or private,
having a curriculum the same as ordinarily given in public schools:
See "church," etc.
(41.A)
Shopping centers. Shopping centers, including strip mall and individual "big box" retail stores, are permitted in accordance with the requirements in § 235-15.4C(2).
(42)
Senior assisted-care facility.
(a)
Minimum lot size must equal five acres.
(b)
Primary access must be to either a state or county highway unless
the facility is accessory to a planned adult community.
(c)
Lot coverage must not exceed 20%.
(d)
Building setbacks must be at least 100 feet from all lot lines
unless the adjacent property is part of a common plan or design, in
which case that common boundary shall be regulated by the normal setbacks
for that particular zone district.
(e)
This use may not contain more than 120 individual care units
on one parcel.
(f)
The use must comply with the definition of a senior assisted-care facility as found at § 235-3.2 of this chapter.
(g)
All licenses required by other jurisdictions must be obtained
prior to, simultaneous with or as a condition of this special permit
use permit.
(h)
The minimum number of automobile parking spaces shall be one
space per employee and 1/2 space per unit, and the minimum truck unloading
spaces shall be two.
(i)
The Planning Board may require landscaping and screening in
such amounts and in such locations as it determines is warranted under
the particular facts of the application.
(j)
If the senior assisted-care facility is to provide or receive
sewer and/or water services to or from other properties, the Town
Board must approve the legal mechanism to accomplish the delivery
of such services. The applicant shall petition the Town Board in this
regard and shall provide with the petition all of the technical details
necessary for the Town Board to reach an informed decision on this
question. The Town Board at all times shall retain its discretionary
jurisdiction in this regard.
(43)
Storage for liquefied petroleum gas (LPG).
(a)
LPG storage tanks in excess of 2,000 gallons capacity shall
be set back from all lot lines at least 50 feet.
(b)
LPG storage facilities shall be so screened that adjacent properties
shall be adequately protected from noise, odors and unsightly appearance.
(c)
The site shall provide adequate off-street parking for all employees
and loading spaces for all trucks which may be involved with the facility.
(d)
LPG shall otherwise be stored and handled according to the latest
edition of the National Fire Protection Association Manual 58, which
manual shall be kept on file in the office of the Town Building Inspector.
(e)
Aboveground storage containers shall not exceed a capacity of
120,000 gallons, nor shall the total volume of gas at any one site
exceed 280,000 gallons in an I-3 District or 70,000 gallons in a B-4
or ID District. In the I-4 District, the total volume of gas storage
capacity at any one site shall not exceed 360,000 gallons.
(f)
LPG storage tanks in excess of 70,000 gallons shall be set back
100 feet, and those tanks in excess of 90,000 gallons shall be set
back 125 feet from all property lines.
(g)
Underground containers in excess of 2,000 gallons shall be set
back 50 feet from all property lines.
(h)
No combustible material of any kind, weeds and grass shall be
kept within 10 feet of a LPG storage tank or container.
(i)
LPG storage shall not be located on lands subject to ponding
or flooding according to the Town Soils Map or the HUD and/or FEMA
Flood Insurance Maps, unless the bottom elevation of all storage containers
will be elevated to meet all applicable standards set forth in Town
of Montgomery Local Law No. 4 of 2009, as may be amended from time
to time.[7]
(j)
Aboveground LPG storage tanks shall be separated from each other
by 20 feet.
(k)
Gallons shall be measured in terms of water capacity.
(44)
(Reserved)
(45)
Theater or motion-picture theater, other than an outdoor drive-in
theater. See "arena, assembly hall."
(46)
Transfer stations. See "recycling handling and recovery facilities"
and determine relevant requirements. See also Attachment 3, Bulk Requirements
for Composting, Recycling Handling and Recovery Facilities, included
at the end of this chapter.
(47)
Truck terminals and all nonaccessory warehouses or those accessory
warehouses with more than four truck docks.
[Amended 4-18-2022 by L.L. No. 6-2022; 11-3-2022 by L.L. No. 13-2022]
(a)
Loading bays may not face street frontage areas, except where buffers with an opacity of 90% are provided along the street frontage consistent with § 235-11.9 (Performance buffering).
(b)
Truck storage, parking or running areas shall not be located
within 500 feet of a residence located in a zoning district which
permits residences as a use-by-right or by special use permit or 300
feet from the lot on which the residence is located, whichever is
less restrictive.
(c)
Truck terminals and intensive warehouses shall be located on
lots in excess of five acres in area.
(48)
Veterinarian. See "animal hospital."
(49)
Water production, supply and removal.
(a)
Not more than 90,000 gallons per day may be removed. Daily averaging
is prohibited.
(b)
Retail sales are prohibited.
(c)
Bottling or other similar facilities are prohibited.
(d)
Not more than 10 truck-trailers and not more than four truck-tractors
are permitted at the site at any time. The site plan must depict the
acceptable loading and parking areas for such vehicles. No other commercial
vehicles shall be permitted to be parked or stored on site.
(e)
Truck traffic shall avoid, where possible, travel within residential
zones to access the state and county road system.
(f)
A wellhead protection plan shall be provided as developed by
a geohydrologist as part of the approval of the special use permit
and site plan.
(g)
A groundwater study shall be prepared to describe the impacts
on adjacent area wells within an area to be determined by the Planning
Board based on the anticipated average daily water withdrawal and
other relevant factors.
(h)
Any New York State Department of Environmental Conservation
and/or Orange County Department of Health approvals, as may be required,
must precede final Planning Board approval.
(i)
Landscaping, lighting and traffic flow on the site must be approved
by the Planning Board in connection with all other plan requirements.
(j)
The permittee must install and maintain a water meter, at its
sole expense, and must maintain accurate production records, which
records must be available for inspection by Town personnel upon demand.
(k)
The application for this permit must include a description of
the operation, estimated volume of production in gallons per day,
methods of storage and transport and a construction plan for related
facilities. All other general special permit use requirements and
site plan requirements as set forth elsewhere in this chapter shall
apply to this use.
(l)
All permits granted hereunder must be renewed every three years.
The applicant must apply for such renewal not less than 90 days nor
more than 120 days prior to the expiration of the existing permit.
Upon receipt of such application, the Planning Board may, but need
not, convene a public hearing prior to ruling on the permit renewal
application.
(m)
A permit issued hereunder may be revoked for cause after due
notice to the permittee and after the permittee has had an opportunity
to be heard on any proposed revocation.
(50)
Single-family residences in I-2 Airport District.
[Added 4-18-2022 by L.L. No. 6-2022]
(a)
No new single-family residence will be permitted to be constructed
within the I-2 Airport District west of Route 211 and north of the
Wallkill River except for "hangar homes" which provide an accessory
hangar for storage of an aircraft owned by the residential occupant,
and which maintains a "residential through the fence" agreement with
Orange County Airport and complies with all relevant rules and regulations
of the United States Federal Aviation Administration.
(b)
Single-family homes in the I-2 District shall meet the dimensional
requirements of the RA-1 Medium Density Zoning District.
(51)
Conference centers.
[Added 4-18-2022 by L.L. No. 6-2022]
(a)
Conference centers offering overnight accommodations shall conform
with all special permit use requirements applicable to hotels, except
that there shall be no limitation on the percentage of floor area
that may be devoted to conference rooms.
D.
Special permit use and/or site plan public hearing procedure.
(1)
Application for a permit authorizing a special permit use and/or site plan shall be made directly to the Planning Board in the form required by the Planning Board, accompanied by a filing fee payable to the Town Clerk and a site plan according to § 235-16.5.
(2)
The Planning Board shall hold a public hearing within 62 days from the time of receipt of the complete application by the Planning Board, and shall provide for the giving of notice at least five days prior to the date thereof in the same manner as provided for in § 235-15.2B(1) through (4) for applications to the Zoning Board of Appeals for variances.
(3)
No action shall be taken on applications referred to the Orange
County Planning Department until the Department's recommendation
has been received or 30 days have elapsed after the Department received
the full statement on the applicant's proposal or unless or until
the said Planning Department has indicated that the type of application
is one that it will not review, whichever event first happens.
(4)
Unless otherwise superseded, the provisions of Town Law §§ 274-a
and 274-b shall control the special permit use and site plan permitting
jurisdiction of the Planning Board. Town Law § 274-a(8)
(Chapter 694 of the Laws of 1992, effective July 1, 1993), and § 274-b(6)
(Chapter 694 of the Laws of 1992, effective July 1, 1993), are hereby
superseded to the extent that the requirement that every decision
of the Planning Board shall be filed in the office of the Town Clerk
within five business days of the date such decision is rendered shall
be deemed to be the date such written decision is approved by resolution
of the Planning Board.
(5)
A record shall be established of all special permit uses granted
pursuant to action of the Planning Board under this chapter. Each
case shall be identified by a sequential numbering system and alphabetically
by applicant's name. Said files shall be available for public
inspection.
(6)
Upon the granting of a permit for a special permit use and/or
site plan approval by the Planning Board, the Secretary of the Planning
Board shall transmit written approval of such use to the Building
Inspector prior to his issuance of a building permit for the special
permit use and/or site plan.
(7)
Building permits authorized by Planning Board actions on special
use permit and/or site plan applications, including site plan applications
approved by the Building Department, shall be obtained within 18 months
and shall automatically expire if construction under the permit is
not started within 90 days of issuance and completed within one year
from the date site construction and/or site disturbance begins, or
as otherwise indicated in the site plan approval or any approved phasing
plans. If no building permit is received within 18 months, or that
building permit expires, three extensions of 12 months each may be
granted by the Planning Board where good cause is shown, after which
a new application must be submitted for reapproval of the site plan
and special use permit if any. The Planning Board is authorized to
waive or lower the special use permit and/or site plan review fee
for reapproval of a special use permit and/or site plan, where it
finds that the application for reapproval is substantively identical
to a previously approved permit and/or plan, and where there are no
or limited changes to background conditions and the regulatory environment,
thereby only requiring a cursory review. Any site plan that has been
approved prior to October 1, 2020, and that has been given an extension
by the Planning Board (or the Town Board for special uses that were
subject to Town Board approval) shall be subject to the terms of that
extension, after which upon expiration of the approved extension shall
be permitted to apply to the Planning Board for up to three extensions
of 12 months each subject to the terms of this requirement.
[Amended 4-18-2022 by L.L. No. 6-2022]
(8)
The fee for applications to the Planning Board shall be in accordance
with the current Town Fee Schedule.[8]
[8]
Editor's Note: The Fee Schedule is included as an attachment to this chapter.
In applying and interpreting this chapter, its provisions shall
be held to be minimum requirements adopted for the promotion of the
public health, safety, morals, comfort, convenience, or the general
welfare. The following specific regulations shall apply:
A.
A minimum required lot or yard size for one building or structure
shall not be used as any part of a required lot or yard for a second
structure.
B.
The required lot or yard for an existing building or structure shall
not be diminished below the minimum requirements of this chapter.
C.
The parking spaces required for one building or structure or use
shall not be included in the computation of required parking spaces
for a second building or structure or use.
A.
Nothing contained in this chapter shall be taken to repeal, abrogate,
annul or in any way impair or interfere with the Building Code or
any rules or regulations adopted or issued thereunder, or any provisions
of law or ordinances or regulations existing or as may be adopted
in the future, when not in conflict with any of the provisions of
this chapter, nor is it intended by this chapter to interfere with
or abrogate or annul any easements, covenants or other agreements
between parties; provided, however, that when this chapter imposes
a greater restriction upon the use of buildings, structures, premises,
lots or land, or upon the height of buildings or structures, or requires
larger lots, yards, courts or other open spaces than imposed or required
by such other provisions of law, ordinance or regulation, or by such
easements, covenants or agreements, the provisions of this chapter
shall control.
B.
Wherever the provisions of any other law or ordinance or regulations
impose a greater restriction than this chapter, the provisions of
such other law or ordinance or regulations shall control.
C.
No provision contained in this chapter shall be construed as justifying
the encroachment of any building or structure within any street lines
now or hereafter laid down on any subdivision plat filed in the office
of the County Clerk or within any state, county, or municipal road.
A.
It shall be the duty of the Building Inspector to administer and
enforce the provisions of this chapter.
B.
Should said Building Inspector be in doubt as to the meaning or intent
of any provision of this chapter, or as to the location of any district
boundary line on the Zoning Map, or as to the propriety of issuing
a building permit or a certificate of occupancy in a particular case
related to the provisions of this chapter, he shall appeal the matter
to the Zoning Board of Appeals for interpretation and decision.
C.
The Building Inspector shall adopt rules of procedure, consistent
with this chapter, for the purpose of assuring efficient and uniform
administration of its provisions.
D.
If the Building Inspector should mistakenly issue a building permit
which violates the provisions of the chapter, that building permit
shall be invalid.
A.
All procedure with respect to applications for and issuance of building
permits shall be in conformity with the provisions of the Building
Code Ordinance, Building Code, the NYS Uniform Fire Prevention and
Building Code, the NYS Energy Code, the National Electric Code the
National Standard Plumbing Code, all as the same now exist or are
amended hereafter, and/or other generally accepted standards, at the
discretion of the Building Inspector where allowed by law or regulations.
All such applications shall be accompanied by such other information
as may be necessary to determine and provide for the enforcement of
this chapter.
B.
No building permit shall be issued for the erection, construction,
reconstruction, structural alteration, restoration, repair, demolition,
or moving of any building or structure, or part thereof, unless the
plans and intended use indicate that such building or structure is
designed and intended to conform in all respects to the provisions
of this chapter.
C.
Where a lot is formed from part of an existing lot, whether already
improved or not, the separation must be effected in such a manner
that neither of the lots, nor any existing or proposed improvements
thereon, contradict the intent or the provisions of this chapter.
D.
After completion of footings and establishing of the forms on the
first course of the foundation walls, or equivalent structure, the
owner shall cause a survey to be made by a licensed land surveyor
showing the true location of such foundation walls with respect to
the lines of the lot, and a copy of such survey shall be filed with
the Building Inspector before any further construction is commenced,
unless granted temporary waiver by the Building Inspector.
E.
No building and/or demolition permit shall be issued by the Building
Inspector for any property that is subject to the procedures of the
Town of Montgomery Historic Preservation Law (Town of Montgomery Local
Law No. 1 of 1997),[1] as amended, without a prior referral of such building
and/or demolition permit application in accord with the requirements
of said Historic Preservation Law. All subsequent action by the Building
Inspector regarding the decision on such permit application shall
be in accord with the requirements of said Historic Preservation Law,
including, without limitation, the final determination of the Historic
Preservation Commission or the Town Board, as the case may be. (See
Attachment 4 of this chapter.)
F.
The Building Inspector shall obtain a written order from the Planning Board before issuing a building permit in a case involving a special permit use pursuant to § 235-15.4 or from the Zoning Board of Appeals before issuing a building permit in a case involving a variance from the provisions of this chapter.
A.
The following site plan provisions are intended to secure compliance
with the requirements and standards set forth in this chapter and
with accepted professional design practice for such site improvements
as drainage, sidewalks, curbs, parking, landscaping, fences, building
construction, utilities, accessways, lighting, driveways and grading.
Any change of use of a property or portion thereof also shall require
compliance with the provisions of this section, regardless of whether
or not the change of use involves the construction of a new structure
or the alteration of an existing structure.
B.
Site plan requirements.
(1)
Building permit applications for any building or structure or
use, other than a one-family or two-family dwelling or their accessory
buildings or structures, or for any required site plan approval whether
or not such application involves the construction of a building, shall
include six copies of a site plan drawn to scale containing the following
items:
(a)
Property lines and related street, right-of-way and easement
lines as determined by a certified survey signed by a licensed surveyor.
(b)
Location of existing and/or proposed buildings and structures
as prepared by a licensed professional engineer or surveyor.
(c)
Layout of existing and proposed off-street parking areas showing
the details of aisles, driveways and each parking space as prepared
by a licensed professional engineer or surveyor.
(d)
Existing topography of the site and immediately adjacent property
as revealed by contours or key elevations as may be required by the
Town Planning Board, Town Engineer or Building Inspector and any proposed
regrading of the site as prepared by a licensed professional engineer
or surveyor.
(e)
Existing and proposed stormwater facilities, as per § 235-10 (Stormwater Management and Erosion and Sediment Control) of this chapter, as well as sidewalks, curbs, curb cuts and related structures as prepared by a licensed design professional.
(f)
Existing and proposed street trees, landscaping and fences as
prepared by a landscape architect.
(g)
Existing and proposed outdoor lighting and sign location as
prepared by a licensed professional engineer.
(h)
Site plans shall show existing terrain features and uses including
adjacent roadways and property for up to 200 feet in all directions
beyond the property boundaries or area to be developed or impacted,
or farther as specifically required by the Planning Board.
(2)
All applications shall be submitted in such form and with sufficient
copies as prescribed by the Building Inspector and shall be accompanied
by such fees as determined from time to time by resolution of the
Town Board per the fee schedule existing at the time of application
as determined by the Town Board.
(3)
In situations where the site plan application and building permit
involve the proposed addition to an existing, lawful structure of
not more than 25% of the square footage of the existing structure
and the proposed addition does not exceed 2,000 square feet in total
area, the Building Inspector for good cause may waive the requirements
that the site plan contain certifications from a licensed professional
engineer and professional landscape architect.
C.
Additional requirements for improvements shown on the site plan shall
be those set forth in this chapter and in other ordinances, rules
and regulations, or in construction specifications of the Town of
Montgomery.
(1)
Site plan lighting requirements for commercial areas. The purpose
of this section is to avoid light pollution that would cause glare,
up-cast lighting or sky glow creating hazardous driving or walking
conditions, to avoid nuisance light spillover or glare affecting nearby
properties or traffic and to distribute light levels more uniformly
across a site. Accordingly, the following requirements shall be met:
(a)
Site lighting shall be required for all nonresidential parking
lots and pedestrian walkways where site hours of operation will extend
past the hours of darkness in any season of the year. For parking
lots not requiring lighting at this time, underground conduit and
cable (properly sized for anticipated lighting load) shall be installed
between the building and perimeter of the parking lot. The location,
conduit size, number and size of conductors shall be noted on the
site plan. For residential plans requiring site plan approval and
involving the need for parking lots for more than two cars, site lighting
shall also be required unless specifically waived by the Planning
Board.
(b)
Where site lighting is proposed or required, a lighting plan
will be submitted. Copies of candlepower tabulations and catalog cut
sheets for all exterior lighting fixtures shall be provided with the
site lighting plan. In addition, fixture location and a lighting point-by-point
footcandle plot shall be overlaid on the separate lighting plan. Low-wattage,
shielded, decorative luminaires may be utilized in addition to the
main lighting source.
(c)
All exterior luminaires shall be pulse-start metal halide or
light-emitting diode (LED) full cutoff type units with a flat glass
lens attached to a pole or building on a fixed arm with the flat glass
lens oriented parallel to the ground or such improved equipment and
technologies as may be available in the future to further reduce the
adverse impacts of unnecessary and excessive glare as determined by
the Planning Board.
(d)
For gas station canopy lighting (for illumination of gas pumps)
or other canopy lighting, all fixtures shall be fully recessed within
the canopy and have a flat glass lens.
(e)
Parking lot, walkway and other commercial site lighting areas
shall maintain an average illumination level of 0.75 footcandle to
five footcandles at the ground. Minimum footcandle levels shall exceed
0.1 footcandle. These lighting levels shall only be exceeded in locations
where otherwise required specifically by New York State law. In no
case shall the illumination source be visible across property lines.
(f)
Parking lot light fixtures shall not exceed 35 feet in height
or the height of the building to which they are accessory, if applicable,
whichever is lower. Pedestrian area fixtures shall not exceed 18 feet
in height.
(g)
Where a site is part of a business park, industrial park or
residential site plan, the architectural style of site luminaires
shall be consistent with the site architecture and at the discretion
of the Planning Board. Shoebox-style luminaires are preferred throughout
the Town, but it is recognized that owners may prefer to choose historic-type
luminaires in order to complement the architectural style of the site.
However, the Planning Board shall not approve a fixture or luminaire
of any kind that does not direct the light downward.
(h)
The Planning Board shall have the option of approving site lighting that is not required to be installed as a condition of site plan approval but may be installed at the option of the landowner. However, all site lighting, whether required or optional, shall comply with the requirements of this § 235-16.5.
(i)
The Planning Board may require site lighting levels to be reduced
on all or part of the site at different times of the day, either after
a facility is closed, or for twenty-four-hour-a-day operations, during
periods of reduced usage. Such requirement shall be established as
part of the review process.
(j)
Sign lighting. Translucent interior-lighted signs shall be of
low brightness design. The light-emitting source details shall be
reviewed and approved by the Planning Board.
(k)
Horizontal plastic interior-lighted bands on canopies, buildings
and similar structural applications shall be of low brightness design.
The light-emitting source details shall be reviewed and approved by
the Planning Board.
(2)
Site plan access and parking requirement.
(a)
To avoid a proliferation of curb cuts onto existing arterial/collector
roads, to protect traffic safety and operating levels of service on
existing and proposed arterial/collector roads and to promote a coordinated
mixed-use/commercial layout, the Town Planning Board hereby is authorized
to require that an applicant fully investigate and report to the Planning
Board the feasibility of coordinated site access and coordinated or
common parking areas for lands within the immediate area of the subject
parcel.
[1]
Coordinated site access may be required. An applicant
for site plan approval may be required by the Planning Board to provide
coordinated site access, which may include a new private, commercial
access drive to be constructed and maintained by one or more of the
area property owners. Any such common access shall be of such width
and shall be constructed to specifications all as deemed acceptable
to the Planning Board based upon the present and projected future
use of said accessway. No such common driveway shall be located within
300 feet of the intersection of two or more public streets or public
highways unless an existing lot line is located within or less than
300 feet of an intersection which precludes such a 300-foot separation
from being achieved. The Planning Board shall not require coordinated
site access unless the Planning Board is satisfied that there exists
an equitable allocation of the construction and future maintenance
costs in proportion to the current and future use of the common accessway.
A recorded common driveway easement and maintenance agreement may
be a condition of final site plan approval.
[2]
Coordinated or common parking may be required.
An applicant for site plan approval may be required by the Planning
Board to provide interconnection and cross-easements providing internal
connections and/or coordinating parking areas with adjoining parcels.
The Planning Board shall not require such interconnection or coordination
where it deems this to be impractical due to the type(s) of uses or
to site-specific conditions, in the sole discretion of the Planning
Board. Where interconnection or coordination is required, the Planning
Board may require the installation and long-term maintenance of traffic
control devices such as signs, textured pavement, speed humps or any
other features or combination of features that it deems necessary
in order to manage traffic flows between accessways connecting parking
areas.
(b)
The Planning Board is hereby granted authority under Town Law § 274-a(5), to waive any of the provisions of § 235-12 of this chapter in that area of a site where common lot lines exist in order to provide for a common parking plan. The Planning Board shall not require common parking areas unless the Planning Board is satisfied that there exists an equitable allocation of the construction and future maintenance costs in proportion to the current and future use for parking.
(3)
Site layout: setbacks from arterial/collector road; outside
storage; parking; landscaping requirements.
(a)
Front yard setbacks shall be required both from the arterial/collector
road and from any private commercial access drive which connects adjacent
properties. In order to promote an attractive appearance from the
public arterial/collector road, no parking or accessory structure
shall be located within the required front yard setback from the public
arterial/collector road. Parking shall be allowed in the front yard
if it is behind the required setback and is screened as approved by
the Planning Board. Stormwater management basin(s) within the required
front yard setback from the public arterial/collector road shall be
designed and landscaped to resemble a naturally occurring landscaped
feature and shall not inhibit screening in this area.
(b)
Parking shall be located at the side or rear yards of the private
commercial access drive. All parking and circulation areas shall be
shown on the plan. Truck parking and circulation shall take place
only in areas designated on the approved site plan and shall be sited
and screened as needed in order to avoid hazardous circulation, adverse
visual impacts, noise or vibration to adjacent uses and to avoid adverse
visual impacts to any public roadway. Overnight or longer-term parking
of cars, trucks, trailers or the like shall be prohibited unless where
specifically approved by the Planning Board as part of the site use.
(c)
Outside storage. No outside use, storage, display or placement of vehicles, items and/or materials ("storage area") shall be permitted except as specifically shown on an approved site plan and as expressly permitted by the Planning Board. The Planning Board may also impose specific limitations relating to such storage. Any storage area shall be laid out to avoid or limit its visibility from adjoining properties and public roadways, to maintain a neat and orderly appearance, to avoid any potential hazard or nuisance and to prevent unintended movement of materials off the site. Retained vegetation, berming, screen plantings and/or other screening or containment measures may be required by the Planning Board. The Planning Board may also restrict the area, height and location of such storage area subject to § 235-11.9C. Trailer and truck bodies, with or without a chassis, or any mobile storage container, shall not be parked in a storage area on site for any reason unless approved on the plans by the Planning Board. Snow dump or snow storage areas shall be required to be designated on the plans by the Planning Board.
(d)
Landscaping shall be provided as follows. Native plant species
are preferred and shall be required except where a specific waiver
is granted by the Planning Board for site-specific habitat or other
reasons.
[1]
Where buffer landscaping is provided in accordance with § 235-11.9 (Performance buffering), that landscaping shall meet the applicable requirements as otherwise listed in this section with regard to nativity, species, size, quality, habits of growth, and sight distance considerations.
[Amended 11-3-2022 by L.L. No. 13-2022]
[2]
Off-street parking areas for automobile/passenger
vehicles/pickup trucks serving any use requiring site plan approval
shall be landscaped, and in addition to the perimeter landscape requirements
at least 10% of the inside areas of the parking lots with more than
50% spaces shall be landscaped with trees, lawn and low planting species
and walkways. Parking lot landscaping shall be distributed within
the parking lot so as to avoid large unbroken areas of pavement. For
the purpose of this section, the 10% calculation only includes the
parking spaces and drive area between the spaces.
[3]
Additional landscaping shall be provided adjacent
to the structure, for site plans involving structural uses, with at
least 10% of the ground floor area of the building being established
in trees and shrubs. For any building footprint in excess of 50,000
square feet, the Planning Board shall adjust the location of landscaping
needed on the site.
[4]
Landscape material being planted shall conform
with procurement, transport and installation guidelines established
by the American Nurseryman's Association standards. Plant material
shall be vigorous and shall be free of defects, disfigurements, decay,
infestation or injury. Trees shall be no smaller than 2 1/2-inch
caliper. Acceptable planting methods and standards and requirements
for pruning, staking, mulching and protection shall be established
by a licensed landscape architect and incorporated in the site plan.
A landscape bond will be needed from the applicant and held in escrow
by the Town Board to ensure completion of the landscaping on site.
The landscaping on site should retain existing natural features and
vegetation. New landscaping will blend into the surrounding landscape,
utilizing indigenous materials and species of the area. Landscape
plantings are an integral part of the approved plan and shall be maintained
for the life of the use. All screening features and landscaping plantings
provided pursuant to this section shall be required to be maintained
for the life of the use and shall be replaced and/or restored as necessary
in order to maintain their effectiveness. Any losses due to storm
damage, disease or other factors shall be replaced in kind within
a period of not more than six months, and this requirement shall be
a condition of all commercial site plan approvals and all related
certificates of occupancy. In the event that in-kind replacement is
deemed to be impracticable, the user shall return to the Planning
Board in order to modify the approved landscape/screening component
of the plan accordingly.
[5]
The Planning Board shall determine that no sight
distance obstructions to driveways or public and private roads are
created as a result of a site-landscaping plan. Both the mature height,
the branching pattern and the placement of the plan shall be considered
in evaluating the site landscape plan. Although all landscape material
shall be properly maintained throughout the life of the site, landscape
plans shall avoid reliance purely on maintenance to avoid creating
sight distance obstructions. Instead, landscape plans shall include
a careful and appropriate choice of plantings for this purpose.
[6]
Plantings must be installed so that when of mature
height they do not reach any overhead wires on site.
[7]
Street trees recommended for use on site plans
are red oak, red maple, thornless honey locust, little leaf linden,
London plane and aristocrat pear and other types of trees that may
be recommended for the particular project under review. All street
trees shall be a minimum of 2 1/2-inch to three-inch caliper
as measured at a point six inches above ground level when planted.
Hedge maples or similar low-growing tree varieties shall be located
in areas where utility lines already exist or are proposed. Provisions
must be made by the applicant or the successor owner to ensure that
such street trees and other landscaping survive or are replaced during
the early years of the life of the trees, and the Planning Board is
authorized to condition such site plan approval accordingly.
(4)
Signage requirements. The Planning Board hereby is granted the authority under Town Law § 274-a(5) to waive any of the provisions of § 235-13 of this chapter (Sign Regulations) to provide for a balanced and, in appropriate cases, common signage plan. In this regard, the Planning Board may require that signage be freestanding and/or wall-mounted and of such dimensions and in such color and with such lighting as the Planning Board, in its discretion, believes appropriate for the project under review. Both residential development and commercial development shall include the street addresses on the outside of the structure. Commercial developments must also have the street address on the sign and mailbox, in letters ranging from eight inches to 12 inches, and residents must have the street addresses on a mailbox or clearly labeled in the front of the driveway in reflective letters. In no case, however, shall a waiver be granted for signage exceeding the maximum height requirements as set forth in § 235-13 or for signage of such size so as to constitute a billboard which is prohibited under § 235-9.1B. This allows for the sign to be closer to the street, which can be aesthetically desirable.
(5)
Architectural design. Design review is required for all new nonagricultural commercial construction as well as for additions and exterior building modifications to existing commercial structures which would change the size of the building or the roof, siding, trim or window color and/or material. Exact replacement of materials that already received architectural design review pursuant to this section shall not require further review or approval. For the purposes of this § 235-16.5, any residential structure in excess of two dwelling units shall be considered a commercial use.
(a)
The Planning Board may utilize consultants and such other resources
as may be available to provide review and advice as it deems necessary,
and in accordance with chapter. The Planning Board shall require architectural
elevations for all building faces and may require additional renderings
in order to evaluate the appearance of the completed structure. The
Board may review building material samples for construction materials
at its discretion. All Planning Board approvals shall specify the
style, material and color approved for all architectural reviews as
an integral part of the action.
(b)
All building designs and signage shall respect the local and
regional architectural identity as depicted in the Historic Inventory
Survey of the Town of Montgomery, which may be adopted and amended
from time to time by the Town of Montgomery Town Board, used in conjunction
with other resources, and also avoid generic franchise design, layout
and finishes. All sides of a building shall be given comparable level
of finish, trim and architectural ornamentation. Planning Board review
of building design and layout, color, material, window choice and
alignment shall take adjoining buildings into consideration and shall
avoid creating disparate lines and elements.
(c)
Large windowless expanses on building elevations are strongly
discouraged and shall only be approved upon a specific finding of
appropriateness by the Planning Board. Such a finding shall consider
the potential visual impacts of the design on all surrounding properties
and public roadways, including undeveloped sites. Mitigation measures
may be required to the building exterior in order to provide visual
relief.
(d)
New buildings within, nearby or deemed a part of existing agricultural
settings are encouraged to be designed to resemble converted barns
and farm compounds, in order to blend harmoniously with the surrounding
agricultural uses.
(e)
Flat roofs should be avoided. In all cases where the size of
the building renders a pitched roof impractical, the Planning Board
may require mitigating measures in order to reduce the visual mass
of the building and avoid a monotonous appearance.
(6)
Review resources.
(b)
The Planning Board shall have the authority to require that
the design of a commercial project be consistent with any section
or sections of the above-listed resources. Copies of each of these
guidelines are contained in Attachment 6 to this chapter and hereby
are adopted as the official guidelines for the Town of Montgomery.
(7)
Utilities in commercial and industrial districts.
(a)
The Planning Board shall require that utility systems serving
new commercial uses be placed underground. The Planning Board may
require that site plans provide for future extensions of natural gas,
electric, cable and other utility lines so as to avoid or minimize
disruption to existing and future uses and sites.
(b)
Utility transmission poles and towers may be located within
100 feet of a street or private road supporting lines that run perpendicular
to the traveled way or driveway right-of-way. The right-of-way as
viewed from the road shall be screened with foliage along the road
to disguise the view of the towers from the road. Such foliage shall
be maintained and replaced as needed.
(c)
Utility Transmission lines running parallel to Routes 17K, 208,
747, 416 and CR 99 as well as Route I-84 shall be located at least
600 feet from the edge of the right-of-way of the specified roads.
(d)
Utility distribution systems serving new projects and developments
in the commercial, residential and industrial districts for which
site plan approval is applicable may be required to be placed underground
or located along the rear of lots with cables to buildings placed
underground. On all projects the applicant/developer will work with
the Town and utility companies to coordinate services so as to maximize
the appearance of the area while serving the needs of future uses.
(8)
Site plan standards applicable to all land within 250 feet of
a state and county highway and Stone Castle Road.
NOTE: The purpose of this section is to apply the former Gateway
Regulations relative to the appearance of new lots and commercial
uses to land along all state and county roads and specified Town arterial
and collector roads.
(a)
All lots in all nonresidential zones shall have a minimum lot
width of 400 feet for the lots with frontage, along the classification
of roads cited above. This lot width requirement shall not apply to
i) existing lots legally of record as of the date of this chapter
or ii) lots having direct access to a signalized intersection or iii)
lots which provide a common access drive and a curb cut with an adjacent
lot. When creating new lots under iii), the Planning Board may limit
new curb cuts to one common curb cut with an adjacent lot and may
require access between parking areas reasonable for future use to
adjacent lots where physically feasible during the subdivision and/or
site plan approval process. Any existing lots of record of less than
400 feet shall be considered by the Planning Board for common curb
cuts for access and for access between parking areas reasonable for
future use to adjacent lots where physically feasible during the site
plan approval process.
(b)
New private and public roads serving interior properties and
entering the roads cited above may be required to have a width of
up to 100 feet for a distance of 200 feet in order for such streets
entering state or county highways to have ample turning and stacking
room and area for traffic signals. Curb radii on both new roads and
driveways entering the roads cited above shall be 34 feet to provide
for truck movements as needed.
(c)
Front yards along the roads cited above which contain parking areas shall meet the requirements of § 235-11.9 (Performance buffering) in a manner which obscures significant view of the parking areas, as determined by the Planning Board.
[Amended 11-3-2022 by L.L. No. 13-2022]
(d)
Driveway or property curb cuts for properties along the roads
cited above shall be separated (as measured between center lines)
by at least 200 feet, where possible, from the center lines of other
intersecting roads with state and county roads and 100 feet from adjacent
driveways.
(f)
Vendor vehicles, trucks, trailers or other wheeled vehicles
from which food or merchandise is sold shall not be allowed to be
parked along public roads as cited above or in required front yards
except in parking lots of other nonrelated commercial or nonresidential
uses for sales to occupants of said commercial uses. This section
shall not apply to farm stands.
(g)
Off-premises signs which must be located within a right-of-way for visibility purposes must be approved by both the controlling municipality and other jurisdictional agencies involved subsequent to review and recommendation by the Planning Board. Clustered and architecturally integrated off-premises signs may be installed under this provision. All on-premises signs are to be located in the front yard or side yard facing a street and shall be shown on the site plan approved by the Planning Board. The Planning Board is authorized to modify the sign regulations contained in § 235-13 of this chapter to reduce the permitted size and locations of all signage, including freestanding and wall-mounted signs, to achieve the purposes of the Gateway Overlay District without unreasonably restricting the economic viability of the particular use under consideration. For certain types of uses, including, without limitation, industrial parks, directory signs listing the primary users and fulfilling certain standardized design, color, size and locational criteria established by the Planning Board shall be authorized along the main access roads to the same as part of the site plan application for each such use.
(9)
Certification required. Every commercial site plan approved
in the Town of Montgomery must bear the signature of the Planning
Board Chairman or his or her designee. No building permit shall be
issued in the absence of such signed plan. No certificate of occupancy
shall be issued unless and until the applicant's licensed professional
has certified, in writing, to the Town of Montgomery Building Department
and to the Town of Montgomery Planning Board that the project has
been constructed in conformance with the approved site plan, landscaping
and lighting and that all improvements specified on the site plan
have been constructed and that specified landscape plant species and
specified light fixture catalog numbers have been installed. In the
event that landscaping cannot and should not be installed due to the
time of year, the Building Department, in its sole discretion, will
issue such certificate of occupancy subject to and conditioned upon
the installation of the complete landscaping plan not later than June
1 of the following year. All site plans must contain as a note the
preceding two sentences.
D.
Jurisdiction and procedure. As set forth below, the Planning Board
shall have exclusive site plan review and decisionmaking jurisdiction
for all uses of land and/or improvements other than one single-family
or one two-family dwelling unit with accessory buildings or structures.
Without limiting the foregoing, the Planning Board shall retain site
plan jurisdiction for all future site plan amendments, including a
proposed change of use regardless of whether or not a building permit
otherwise is required.
(1)
Procedure for all site plans. For all land uses other than one- and two-family dwellings, the Planning Board, upon receipt of the complete application and fee, shall refer the completed site plan application to the Planning Board Engineer, to the Planner for the Town, to the local Fire District, to the applicable public highway regulatory agency and, if required, to the Orange County Department of Planning, as well as to any other agency or entity which is or may be interested in the subject of the application, in the judgment of the Planning Board, unless such additional referral is required by law or regulation in which case the Planning Board must so refer the application. The Planning Board shall have the option of requiring that a public hearing be held on each site plan application. If a public hearing is to be held, the hearing must be published at least five days prior to the hearing in the official newspaper of the Town and the Planning Board may also require notification as required under § 235-15.2B(2), (3) and (4). In addition, the Planning Board must render a decision approving, or approving with modifications or disapproving such application within 62 days after the closure of the public hearing. In cases where no public hearing is required, the Planning Board must render its approval, approval with modifications or disapproval within 62 days of the Planning Board's receipt of a completed application and application fee. The time periods set forth above regarding decisionmaking may be extended upon the mutual consent of the Planning Board and the applicant. In rendering its decision, the Planning Board may impose reasonable conditions and restrictions as are directly related to and incidental to such proposed site plan. All Planning Board decisions under this section shall be exclusive and binding on the Building Inspector.
E.
In the case of special permit use or variance applications, the site
plan shall be the subject of a preliminary review in accordance with
the above procedure, before action is taken by the Planning Board
or Zoning Board of Appeals. The Planning Board shall have the authority
to require that both a special permit use permit application and a
related site plan approval application be reviewed simultaneously.
F.
Building permits for permitted uses, special permit uses or variances
shall be in accordance with the conditions established by the Planning
Board or Zoning Board of Appeals.
G.
When an applicant for such a building permit or special exception
use or site plan approval questions the interpretation of the site
plan requirements, he may appeal the decision to the Building Inspector/Code
Official for his ruling. If the applicant desires to appeal the ruling
of the Building Inspector/Code Official he or she may appeal the same
to the Zoning Board of Appeals per the procedure set forth in Town
Law § 267-a.
A.
Nothing in this chapter shall require any change in the plans, construction
or designated use of a building or structure for which a lawful building
permit has been issued prior to the effective date of this chapter
or any amendment thereto affecting such building or structure, or
the use thereof, provided that:
(1)
The construction of such building or structure shall have been
begun and diligently prosecuted within six months from the date of
such permit.
(2)
The entire building or structure shall be completed according
to such filed and approved plans upon which the issuance of such permit
was based, within one year from the effective date of this chapter
or any such amendment thereto.
A.
A reasonable number of temporary construction trailers and offices
for uses for which site plan approval has been granted may be allowed
by the Building Inspector on a construction or development site by
temporary certificate of occupancy until a permanent certificate of
occupancy has been issued for the use for which site plan approval
has been granted. The location of these facilities shall be approved
by the Building Inspector. The applicant must provide the Building
Inspector with all data reasonably necessary for him/her to issue
such temporary permit(s), including an application and fee for such
temporary permit(s). The temporary building permit(s) shall automatically
expire and the trailers shall be removed prior to the issuance of
the certificate of occupancy for the permanent building(s). The applicant
must sign a written agreement of removal as a condition of receipt
of the temporary certificate of occupancy.
B.
Temporary residence certificates of occupancy for temporary living
quarters, including mobile homes, may be issued by the Building Inspector
to local residents for temporary emergency housing due to fire, natural
disaster or other emergency or condition of extreme duress. Such temporary
living quarters must otherwise meet all applicable setback requirements.
Such certificates shall be valid, based upon a written agreement for
removal, until a permanent certificate of occupancy is issued for
the primary residence, but not for a period in excess of six months.
The applicant must provide the Building Inspector with all data reasonably
necessary for him/her to issue such temporary permit(s), including
an application and fee for a temporary building permit.
C.
Temporary permits for any temporary office of construction trailers
for emergency use due to an unforeseen or catastrophic situation may
be issued by the Building Inspector for the duration of the need but
not more than six months, and removed based upon written agreement
at such time that a new building permit or other certification of
occupancy or use can be issued for that portion of the property for
which the trailer or office was required. The applicant must provide
the Building Inspector with all data reasonably necessary for him/her
to issue such temporary permit(s), including an application and fee
for a temporary building permit.
A.
It shall be unlawful to use or to permit the use of any building,
structure, premises, lot or land, or part thereof, hereafter erected
or altered, enlarged or moved, or put into use, in whole or in part,
after the effective date of this chapter, or any building, structure,
premises, lot or land, or part thereof of which the use is changed,
until a certificate of occupancy has been obtained by the owner, as
provided for under the Building Code.
B.
No certificate of occupancy shall be issued for any building, structure,
premises, lot or land unless the erection, construction, structural
alteration, restoration, repair, or moving of any building or structure
or part thereof and the intended use thereof are in conformity in
all respects with the provisions of this chapter.
A.
Fees for building permit and special use permits and/or site plan
applications, for issuance of building permits, for certificates of
occupancy and for administrative certifications shall be as provided
in the Town Fee Schedule. (See Attachment 5.)
B.
Bonding.
(1)
Public improvements. A construction bond, which shall only be
in the form of cash, irrevocable letter of credit or negotiable securities,
shall be delivered to the Town of Montgomery. Said construction bond
shall guarantee to the Town that the owner/developer of said parcel
will faithfully cause to be constructed and completed, within a reasonable
period of time, the required public improvements on all approved site
plans and subdivisions. It is the Town's intent to supersede
Town Law § 277(9)(c)(i) with this provision.
(2)
Following the granting of final approval by the Planning Board, but prior to the signing and release of final maps, the owner/developer of a parcel shall follow the procedure listed either in Subsection B(2)(a) or (b) below:
(a)
The owner/developer shall file construction bonds, as specified in Subsection B(1) above, with the Town Clerk.
[1]
The amount of the construction bonds shall be established
by the Town Engineer, based upon detailed cost estimates prepared
by the owner's/developer's design professional. Said amount
is subject to Planning Board review, comment, and approval.
[2]
Any such construction bonds shall be satisfactory
to the Town Board and the Town Attorney as to form, sufficiency, manner
of execution and surety.
(b)
The owner/developer shall complete all the public and nonpublic
improvements to the satisfaction of the Town Engineer.
(c)
The owner/developer may, upon request and approval, utilize a combination of Subsection B(2)(a) and (b) above [i.e., construct and have approved a portion of the public and nonpublic improvements and post construction bond(s) for the balance of the improvements prior to the issuance of a building permit].
(3)
Bonding for nonpublic improvements shall only be necessary prior
to the issuance of building permits when the nonpublic improvements
amount to over $500,000.
(4)
The required improvements shall not be considered to have been
completed until their installation has been approved by the Town Engineer.
(5)
If construction bonds have been posted, they may only be released
upon the certification of the Town Engineer and the Town Attorney
that all the requirements of the bond have been satisfied.
(6)
If the Town decides at any time during the term of the construction
bond that the extent of the development that has taken place is not
sufficient to warrant all the improvements covered by such bond, that
the required improvements have been installed in a sufficient amount
to warrant a reduction in the face amount of said bond or that the
character and extent of such development requires additional improvements,
the Town may mandate an increase or decrease in the face value of
such construction bond by any appropriate amount so that the new face
value will cover the cost in full of the amended list of improvements
required by the Planning Board.
C.
Inspections; as-built plans.
(1)
Routine inspections.
(a)
All improvements will be inspected by the Town Engineer to ensure
satisfactory completion. In no case shall any paving work, including
prime and seal coats, be done without permission from the Town Engineer.
At least five days' notice shall be given to the Town Engineer
prior to any such construction so that a representative of the Town
may be present at the time work is to be done. The Town Engineer shall
be notified after each of the following phases of the work has been
completed so that he or his representative may inspect the work:
(b)
If the Town Engineer or other duly designated representative
does not carry out inspection of required improvements during construction,
the applicant, the bank or company holding the construction bond shall
not in any way be relieved of his or its responsibilities.
(c)
In addition to routine inspections by the Town Engineer, the
applicant's engineer shall perform routine in-person inspections
of the project in intervals to be determined by the Planning Board.
After each inspection, the applicant's engineer shall issue a
certificate to the Planning Board and Town as to the progress and
completeness of work, including information as to any deviations with
the operative Planning Board resolution, site plan approval and/or
special use permit.
(2)
As-built plans. The applicant's engineer will prepare as-built
plans of the parcel's improvements, to include the locations
of waterlines, sewer lines, drainage improvements, valves, manholes,
pavement widths, curbs, sidewalks and any other information the Town
Engineer may request, which as-built plans shall be subject to the
final approval of the Town's Engineer. In the event that the
Town of Montgomery draws upon a bond or letter of credit posted by
the applicant due in whole or in part to missing, incomplete or inaccurate
as-built plans, said plans shall be prepared by the Town's Engineer
utilizing the drawn funds.
(3)
If the Superintendent of Sewer and Water or the Town Engineer
shall find or cause to have found that any of the required improvements
have not been installed or constructed in accordance with the approved
site plan, he shall so report to the Town Board, Planning Board, Town
Clerk and Building Inspector.
(a)
Upon receipt of such notification, the Town Board shall notify
the owner/developer and, if necessary, the bank or company holding
the construction bond and take any and all necessary steps to preserve
the Town's rights under the bond.
(b)
If the owner/developer has posted a construction bond, the Town
Board shall declare said bond in default and utilize the funds to
install such improvements as were covered. In no event shall the Town
install improvements exceeding the dollar amount of the construction
bond.
(c)
No additional plans shall be accepted or approved by the Planning
Board or Building Inspector as long as the owner/developer is in default
or not in compliance with a previously approved plan.
(4)
Inspection fee. The owner/developer is responsible for the payment
of all inspections, as-built drawings and related costs. Initially,
an inspection fee of 6.00% of the initial estimated construction cost
shall be paid to the Town, prior to the time that the Chairman of
the Planning Board signs the final plat or the start of any site improvement
work. The initial estimated construction cost shall be reviewed and
approved by the Town's Consulting Engineer prior to its acceptance
by the Town.
A.
Where a violation of this chapter is determined to exist, the Building
Inspector shall serve notice either by certified mail or personally
on the owner, agent or contractor of a building, structure, or lot
where such violation has been committed or shall exist, and, where
practical, on the lessee or tenant of a part of or of an entire building,
structure, or lot where such violation has been committed or shall
exist; and, where practical, on the agent, architect, contractor or
any other such person who takes part or assists in such violation,
or who maintains any building, structure, or lot in which any such
violation shall exist.
B.
Such notice shall require the removal of the violation within 10
days after service of the notice unless an emergency situation is
determined by the Building Inspector to exist, in which case the notice
may provide for removal of the violation within less than 10 days.
C.
If the owner or its authorized representative believes that said
violation is not authorized under this chapter and/or if more time
is needed to cure said violation, an appeal must be filed with the
Zoning Board of Appeals within time otherwise prescribed by law.
D.
If those persons notified shall fail to remove such violation within
the allotted time period, the Building Inspector shall charge them
with such violation of this chapter before the appropriate court of
law.
E.
Persons found guilty of such violation shall be subject to a fine
not exceeding $250 or to imprisonment for not more than 15 days, or
both, for each violation. Each and every week such violation continues
after the allotted period of time for its removal shall be deemed
a separate and distinct violation.
F.
In addition to other remedies provided by law, any appropriate action
or proceeding, whether by legal process or otherwise, may be instituted
or taken to prevent the unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use to restrain, correct
or abate such violation to prevent the occupancy of such building,
structure or lot, or to prevent any illegal act, conduct, business
or use in or about such premises.
A.
The Town Board may from time to time on its own motion or on petition,
or on recommendation of the Planning Board, amend, supplement or repeal
the regulations and provisions of this chapter, including the Zoning
Map, after public notice and hearing in accordance with state law.
B.
All of the within amendments to the Zoning Law of the Town of Montgomery
may be recodified, where necessary, to improve the clarity of the
presentation of the entire Zoning Law of the Town of Montgomery, as
amended.
C.
Zoning Map amendments.
(1)
Petitions for amendments of the Zoning Map shall be submitted
in quadruplicate to the Town Clerk with an application fee per the
current fee schedule.[1]
[1]
Editor's Note: The Town Fee Schedule is included as an attachment to this chapter.
(2)
Any petition for a change in the Zoning Map shall include the
following:
(a)
The name of the property owner.
(b)
A map accurately drawn to an appropriate scale, showing the
proposed zone district boundary changes, property lines, the calculated
areas affected in acres or square feet, the street rights-of-way in
the immediate vicinity, and the lands and names of owners immediately
adjacent to and extending within 100 feet of all boundaries of the
property to be rezoned and a map showing the requested change drawn
to the scale of the Official Zoning Map.
(c)
A metes and bounds description of the proposed amendment.
D.
The Town Board, by resolution adopted at a stated meeting, may fix
the time and place of a public hearing on the proposed amendments
and cause notice to be given.
E.
Every such proposed amendment or change, whether initiated by the
Town Board or by petition, shall be referred to the Planning Board
for report before the public hearing is held thereon.
F.
Proposed amendments that must be referred to the Orange County Planning
Department under the provisions of § 239-m of Article 12-B
of the General Municipal Law shall be transmitted as soon as possible
and in any case prior to the public hearing.
G.
The Town Board may require a petitioner to give additional forms
of public notice or notice to adjacent property owners.
H.
The Town Board body shall reserve decision on all zoning amendments
or changes which must be referred to the Orange County Planning Department
until its report has been presented, provided that such report is
presented within a period of 30 days after the Orange County Planning
Department receives such referral.
I.
If required by the Town Board upon adoption of a change in the Zoning
Map, the municipality or the petitioner shall cause a monument to
be placed at one location on the property's street frontage and
also file with the Municipal Clerk and the Building Inspector copies
of an accurate survey description and drawing of the area affected
by such amendment.
[Added 11-30-2022 by L.L. No. 15-2022]
A.
Prior to issuance of a building permit, certificate of occupancy
or certificate of use, the Building Inspector shall insure compliance
with this section.
B.
Part 5, Subpart 5-1, of the Compilation of the Rules and Regulations
of New York State (NYCRR) provides for minimum separation distances
of up to 300 feet between public water supply wells and certain activities.
This subpart only requires the permittee to control 200 feet from
the public water supply. To ensure that wells serving public water
supply systems as defined in 5 NYCRR 5-1 (generally, any well having
five or more service connections or serving more than 25 individuals
on average for at least 60 days out of the year) in the Town of Montgomery
are protected from contamination consistent with these requirements,
the Building Inspector shall not issue a permit where the following
activities are proposed on a lot within 300 feet of a lot containing
a public water supply well:
(1)
Chemical storage sites (e.g., salt and sand/salt storage) except
where entirely contained within covered structures incorporating best
practices for chemical containment.
(2)
Landfill waste disposal area, or hazardous or radiological waste
disposal area.
(3)
Land surface application or subsurface injection of effluent
or digested sludge from a municipal or public wastewater treatment
facility.
(4)
Land surface application or subsurface injection of septage
waste.
C.
Where such activities are proposed on a lot within 300 feet of a
lot containing a public water supply well, the Building Inspector
shall require site plan approval by the Planning Board, which shall
ensure that no such activities are proposed within minimum separation
distances of the public water supply well as required by 5 NYCRR 5-1
and its Appendix 5-B (standards for water wells). Where such activities
are proposed beyond the 300-foot separation distance, the Planning
Board may approve the site plan provided that all appropriate safeguards
are implemented to ensure the water quality of the public water supply
well.
D.
In discharging this responsibility, the Building Inspector may require
any applicant proposing these activities to provide:
(1)
A letter from the Orange County Department of Health identifying
all permitted public water supply wells within 500 feet of the lot
which is the subject of the permit or certificate application.
(2)
A survey or site plan prepared by a licensed engineer or land
surveyor showing the area of the proposed activity and the location
of any public water supply well within 500 feet of the boundaries
of the lot.
If any section or subsection, paragraph, clause, phrase or provision
of this chapter or the location of any district boundary shown on
the Zoning Map that forms a part hereof shall be adjudged invalid
or held unconstitutional, the same shall not affect the validity of
this chapter or Zoning Map as a whole or any part of provision hereof
other than the part so adjudged to be invalid or unconstitutional.
An ordinance entitled "Zoning Ordinance, Town of Montgomery"
and all amendments thereof enacted prior to the passage of this amending
chapter is hereby repealed by the enactment of this "Town of Montgomery
Local Zoning Law of 1971, and all amendments thereof" except that
reference to any table, attachment and/or the Zoning Map shall refer
to those tables, attachments and/or zoning maps that were last adopted
by the Town Board of the Town of Montgomery with no changes thereto
other than a new section number to correspond with this chapter. The
content of any such tables, attachments and/or Zoning Map remain in
full force and effect with the passage of this chapter.
This chapter and all amendments thereto shall take effect upon
enactment and filing in the manner provided by law.
