Article III Supplementary Use Regulations

Accessory dwelling units are allowed within the LDR and MDR zoning districts only. There shall be only one ADU on the property and it shall be located either in the single-family dwelling, or in an existing accessory building legally in existence on the effective date of this chapter, and all ADUs shall comply with all other applicable bulk regulations applicable to a single-family dwelling unit, e.g., yard setbacks. Any changes to create an ADU shall be within the existing building footprint. If an accessory dwelling is proposed in an existing detached building, such structure shall not be located more than 500 feet from the closest exterior wall of the principal dwelling.

The owner of the property shall reside in the principal or accessory dwelling.

Any ADU shall have a minimum habitable floor area of 400 square feet. Any ADU shall be no larger than 35% of the habitable floor area of a single-family detached dwelling, and for a detached ADU, the size shall not exceed 650 square feet of habitable floor area.

The accessory dwelling unit shall be a self-contained dwelling unit, with a separate external entrance and separate cooking, bathroom and sleeping facilities for the exclusive use of the occupant.

There shall be no more than two bedrooms in the accessory dwelling unit.

The principal building shall portray the character of a single-family detached dwelling. Only one entrance shall be permitted on the exterior wall of the single-family dwelling facing the front lot-line(s); all other entrances shall be limited to the side or sides of the building not visible from the front lot-line(s).

Adequate provisions shall exist for water supply and for the disposal of sewage and waste generated by the occupants, in accordance with the requirements of the Putnam County Department of Health. Evidence of the approval of the proposed method and adequacy of water supply and sewage disposal shall be obtained from the Putnam County Department of Health. Town Engineer approval shall be required if the proposed method of water supply or sewage disposal involves Town water and/or sewer facilities.

One off-street parking space shall be provided for each bedroom in an ADU. Said parking shall be in addition to the parking required by this chapter for the single-family dwelling and shall comply with the dimensional, setback and access requirements of this zoning chapter.

The accessory dwelling unit shall conform to all requirements of the New York State Building Code and all applicable state, county and Town regulations.

A building permit shall be obtained along with all required permits as determined by the Building Department, and a certificate of occupancy shall be obtained prior to its occupancy.

Application. The applicant shall file an ADU application with the Building Department which shall include of the following information:

Name and address of owner.

Lot area, tax map sheet-block-lot number and zoning district in which the property is located.

Square footage of the entire structure and square footage of the accessory dwelling unit.

Number of existing and proposed on-site parking spaces.

Approval(s) pursuant to Subsection B(7) above relative to the proposed method of water supply and sewage disposal.

Current property survey showing size of the lot in square feet and all structures thereon as well as parking area prepared and sealed by a licensed surveyor, engineer or architect.

A floor plan, drawn to scale, of the entire structure showing proposed changes and identification of accessory dwelling unit.

Signed notarized authorization by the owner authorizing the Town of Carmel Building Department to make inspection(s) of the property at any reasonable time during daylight hours for the purpose of determining compliance with all code requirements, including those of this subsection.

An application fee in an amount set forth in a Fee Schedule adopted by the Town Board.

Action. The Building Inspector shall either approve or disapprove the application within 30 days of the date of complete submission. In the case of an approval, the office of the Building Department shall inspect the ADU to ensure continuing compliance with all codes. If all codes are not met, the ADU permit shall be subject to revocation after a hearing by the Zoning Board of Appeals at which the permit holder is given an opportunity to be heard.

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 principal dwelling or the ADU 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 accompanied by copies of utility bills, tax bills and proof that the owner does not have his or her mail forwarded to a different address.

Refusal of lawful inspection and/or violation of continuing conditions. If any lawful inspection of the dwelling by the Town for the purpose of ensuring compliance with the provision of this subsection is refused by the owner when said inspection occurs at any reasonable time during daylight hours, or if the continuing conditions of the special permit are violated, the special permit shall be subject to revocation after a hearing by the Zoning Board of Appeals at which the permit holder is given an opportunity to be heard.

Renewal and revocation of permit. The accessory dwelling permit shall be valid for a period of three years from the date that a certificate of occupancy is issued for the accessory dwelling, and it shall be renewed automatically and annually by the Building Inspector upon submission by the record owner of an annual certification for renewal to be provided by the Town, attesting that the principal single-family dwelling or accessory dwelling unit is maintained as the owner's domicile; and payment of a renewal fee, in such amount as established by resolution of the Town Board, provided the Building Inspector determines such use has been maintained in accordance with all requirements herein and any applicable conditions of approval. The accessory dwelling permit may be revoked by the Building Inspector at any time after due notice to the permittee, for failure to comply with the standards of this section, building code violations, or for reasons as cited by the Town Building Inspector.

Transfer of title. Within 60 days after the record owner transfers title to premises for which a permit has been granted for an ADU, the new record owner shall provide such evidence to the Building Inspector as may be necessary to demonstrate that one of the units is occupied by the new record owner in accordance with requirements this section. In the event that the new record owner fails to do so, the Building Inspector shall serve a written notice upon the owner or occupant to do so by a date certain. If the record owner fails to do so, the Building Inspector shall give notice of such noncompliance to the record owner and shall commence such enforcement actions which are necessary to bring the accessory dwelling unit into compliance or to require removal of the ADU.

Removal. In the event the principal dwelling or the accessory dwelling is no longer occupied by an owner/occupant, the permit shall expire and the apartment shall be removed within 30 days after such cessation of occupancy, unless for good cause an extension of said time is granted in writing by the Building Department.

§ 156-16 Workforce housing.

Findings. The Town Board of the Town of Carmel finds that:

The social and economic diversity of the Town is dependent upon a reasonable supply of workforce housing; and

The Town's Comprehensive Plan encourages the creation of workforce housing that benefits existing residents, volunteers and veterans of the Town; and

It is important that householders that are employed in the Town of Carmel, or provide an essential volunteer service to the Town Carmel, be provided an opportunity to obtain housing that is affordable.

Methods to achieve workforce housing.

The Town Board, to promote continuing housing affordability, can accomplish the foregoing objectives through a variety of methods as follows:

Construction of workforce housing on site;

Payment of a housing fee to the Carmel Housing Trust Fund in lieu of the construction of workforce housing as per this section;

Donations of land to the Town suitable for the construction of workforce housing;

Construction of workforce housing off site within the Town;

Rehabilitation of substandard housing to standard workforce housing;

Purchase of existing housing for conversion to workforce housing;

A combination of the above.

The Town Board shall approve, in its sole discretion, the method or combination of methods that shall be used to meet the provisions of this section of the Zoning Law based on the unique characteristics of the application being reviewed and based on a recommendation of the Planning Board. Donations of land or construction off-site shall result in a number of dwelling units equal to the number of the required units or equal in value to the housing fee.

Applicability.

Zoning districts. These provisions shall apply to any residential application in any zoning district.

Applications of 50 or more dwellings and/or lots. Any site plan, special use permit and/or subdivision plan application that proposes 50 or more residential lots or dwellings or combination thereof shall be required to set aside 10% of the total number of lots/dwellings for "moderate-income households" as that term is defined by this zoning chapter. This set-aside constitutes the applicant's workforce housing obligation. A market-rate density bonus of 10% of the total number of dwellings shall be granted to the applicant for meeting the required set-aside. Calculations resulting in 0.5 dwelling or more shall be rounded down to a whole dwelling unit.

Example: An applicant proposes a subdivision or site plan of 50 dwellings and/or lots:

[1]

Affordable housing obligation = 50 dwellings/lots x 10% = 5 dwelling/lots.

[2]

Initial buildout is 45 market rate dwellings/lots + 5 workforce dwellings/lots.

[3]

Market-rate density bonus = 50 dwellings/lots x 10% bonus = 5 market-rate dwelling/lot.

[4]

Final buildout = 50 dwellings/lots, which includes five workforce dwelling/lot, + 5 market-rate dwelling/lot = 55 dwellings/lots.

Procedure for determining workforce housing requirements.

Workforce housing statement. Every residential site plan, special use permit or subdivision plan subject to the provisions of this section shall include a workforce housing statement. The statement shall address:

The applicability of this section to the proposed residential development, including the number of dwellings to be constructed;

The method by which workforce housing shall be achieved as per Subsection B above;

Appropriate notations on any plan, building elevations, floor plans, and other information submitted in support of the application indicating the location and design of any workforce dwelling;

Any other documentation that the Planning Board and/or Town Board determine will be required to evaluate the application.

The Town Board shall approve, or approve with modifications, the workforce housing statement prior to the Planning Board acting on any application.

Workforce housing notation. Notes shall be placed on any site plan or final subdivision plan reciting the workforce housing obligations of the applicant in conjunction with the plan. If applicable, this shall include the recording of notes on a plan indicating which lots or sites are to be set aside for the construction of workforce housing. The Town Board may require the imposition of deed restrictions ensuring that future lots are restricted to the construction of workforce housing. The Town Board, as a condition of approval, may require that an applicant pay a housing fee where the applicant proposes to set aside a lot in a subdivision for the construction of workforce housing, but where the applicant does not propose to construct workforce housing.

Conditions on decision of approval. A site plan, subdivision and/or special use permit shall include specific conditions referencing the requirements of this section of the zoning chapter. Noncompliance with the provisions of this section shall be grounds for the Planning Board to disapprove a special use permit, site plan or subdivision application.

Violations. A violation of this section shall be deemed to be a violation of the subdivision, site plan and/or special use permit approval, as the case may be. Said violation may be addressed by the Town of Carmel pursuant to Article XII, Administration and Enforcement, of this zoning chapter. In addition, any such violation shall, after the conduct of a public hearing, and notice to the applicant, be grounds for rescission of the subdivision, site plan and/or special use permit approval granted by the Planning Board.

Other procedures prescribed by the Town Board. The Town Board, by local law or resolution, shall prescribe such other procedures and requirements as it deems necessary for the approval of workforce housing in conjunction with a special use permit, subdivision plan or site plan.

Waiver of fees. The Town Board may waive in whole or in part other building, zoning or land development fees where it finds that such waivers shall improve affordability.

Workforce housing fee. The workforce housing fee shall be determined by the Town Board. The fee shall be calculated using the current cost of construction. The housing fee, if approved by the Town Board for a particular application, shall be noted in any workforce housing statement and made a condition of any site plan, special use permit and/or subdivision approval. The housing fee shall be paid at the time of the application for the first building permit issued for the applicant's site plan or subdivision plan, or at the time of the sale of the first lot or lots within a subdivision, whichever shall occur first. As a condition of approval, the Town Board may establish a phasing schedule for the payment of the housing fee. In no event, however, shall payment be deferred for more than two years after filing of a final site plan or subdivision plan unless the time period for said payments is extended by the Town Board. A sample calculation of the buildout with a payment in lieu of housing is as follows:

Example: An applicant proposes a subdivision or site plan of 50 dwellings/lots:

Affordable housing obligation = 50 dwellings/lots x 10% = 5 dwellings/lots.

Initial buildout is 45 dwellings/lots + 5 workforce dwellings/lots.

Market-rate density bonus = 50 dwellings/lots x 10% bonus = 5 market-rate dwellings/lots.

Applicant provides fee in lieu of five workforce dwelling/lots.

Final buildout = 45 dwellings/lots + fee in lieu of five workforce dwellings/lots + five market-rate dwellings/lots, or 50 dwellings/lots and fee in lieu of five workforce dwellings/lots.

Standards applicable to workforce dwellings.

Integration of workforce dwellings. All workforce dwellings shall be physically integrated into the existing or new development and constructed with the same quality building materials as market-rate units. A workforce dwelling shall resemble, from the exterior, the market-rate dwellings in the development or surrounding neighborhood, as the case may be. The Town Board has the authority to review and approve the interior finishes of workforce housing. Said interior finishes may vary from those established for market-rate dwellings within the same development where the Town Board finds that said variation will improve housing affordability.

Workforce dwellings by housing type. Workforce dwellings shall be the same housing type as the market-rate housing type for single housing type developments. For example, if a development proposes single-family detached dwellings, then the workforce housing units shall be single-family detached dwellings. For mixed housing type developments, e.g., single-family detached and single-family attached, the workforce dwellings shall be constructed in the same proportion as the mix of housing types for the market-rate units, except that the Town Board, in its discretion, may vary this requirement where it determines that an alternative mix of workforce housing units will improve housing affordability and negate equity issues when allocating dwellings among eligible households.

Dwelling type and size. A workforce dwelling may be a multifamily, single-family detached or single-family attached dwelling subject to the occupancy standards set forth below. The Town Board has the authority, by local law or resolution, to establish a minimum and maximum size for workforce dwellings by housing and bedroom type.

Phasing. For any development that will be constructed in phases, the schedule below shall apply. Certificates of occupancy shall be issued for market-rate dwellings when the required percentage of workforce dwellings has been completed and a certificate of occupancy issued for the workforce dwellings.

Percentage of Market-Rate Dwellings Receiving Certificates of Occupancy	Percentage of Affordable Dwellings Receiving Certificates of Occupancy
Up to 25% of total	0 (none required)
50%	At least 50%
100%	100%

Occupancy standards.

To prevent overcrowding or underutilization of workforce housing at the time of purchase or rent, the following schedule of occupancy shall apply:

Number of Bedrooms	Maximum Number of Persons
0 (studio)	1
1	2
2	4
3	6

The workforce dwelling shall be the primary residence of the owner or renter. An owner shall not rent the workforce dwelling to others and a renter may not sublet the workforce dwelling, except that one-year subleases shall be permitted if the household is required to move temporarily for reasons of employment, health, or family emergency, not to exceed a total of two years. This exception shall not apply to a developer of a workforce dwelling.

Maintenance as a continuing obligation. A workforce dwelling shall be maintained as affordable in a manner as prescribed by procedures established by the Town Board or its designee. No household shall make any improvements that require a building permit without prior written permission.

Builder's specifications. A workforce dwelling shall be maintained at least at the original builder's specification level. At the time of resale, the Town Board may determine that such unit has not been properly maintained and shall be authorized to impose such assessments as necessary to reasonably return the dwelling to its original conditions. Such assessment shall be deducted from that portion of the selling price reverting to the seller of the unit.

Affordability restrictions. A workforce dwelling shall remain affordable for 30 years and shall be reflected in the deed to the unit. The Town may impose covenants and restrictions upon such units/lot to ensure they maintain their workforce dwelling status for this time period.

Tax assessment. The Tax Assessor of Carmel shall consider the limited resale value of a workforce dwelling and/or the limited rental value of units when determining the appropriate assessment on said dwelling.

Additional standards.

The Town Board, by local law or resolution, may establish such other standards, rules and regulations it deems necessary to ensure the design intent applicable to a workforce dwelling is met.

The following minimum standards are hereby established:

Workforce Housing Size and Building Standards
Building Type	Number of Bedrooms	Minimum Gross Square Footage	Maximum Gross Square Footage	Number of Bathrooms
Single-family attached or detached	2	1,200	1,500	1
Single-family attached or detached	3	1,400	2,000	1.5
Garden-style condominium (owner occupied)/apartments (renter-occupied)	0	550	700	1
	1	650	850	1
	2	800	1,000	1
	3	950	1,200	1.5

(11)

Additional design standards:

All workforce housing must have a refrigerator, range and range hood, dishwasher, and complete electric and plumbing connections and a dryer exhaust for a clothes washer and dryer.

The refrigerator must be at least 18 cubic feet and frost-free. A 30-inch electric, porcelain-enameled range/oven and range hood must be supplied.

All carpeting must meet minimum Federal Housing Administration (FHA) specifications.

Unit landscaping must be as designated on an approved site or subdivision plan.

Shelving must be included in closets.

The main bathroom must include a vanity.

Affordable housing shall have full basements if market-rate units have full basements.

(h)

Use cement board siding or other long-lasting siding in the construction of workforce dwellings.

Sales and rental values.

Workforce for-sale dwelling.

Calculation of initial sales price. The initial sales price shall be set by a schedule prepared annually by the Town Board which shall ensure that an income-eligible household shall have adequate income to qualify to purchase a workforce dwelling. The initial sales price of an workforce dwelling shall be calculated such that the annual cost of the sum of principal, interest, taxes and insurance (PITI) and common charges, as applicable, shall not exceed 30% of the income of a household earning 80% of the Town of Carmel median family income adjusted for bedroom size. Costs shall be determined based on a 30-year fixed-rate mortgage at prevailing interest rates with a down payment of 5%.

Resale of workforce dwelling. The Town Board shall establish, by local law or resolution, procedures for the resale of a workforce dwelling to ensure that the units remain affordable while allowing for a limited equity appreciation for the homeowner which may be limited to the consumer price index applicable to Putnam County.

Deed restriction. The original deed and any subsequent deed or instruments used to transfer title to a workforce dwelling shall include a provision indicating that the housing unit is a workforce dwelling subject to restrictions on occupancy and resale. Said restrictive language shall be established by the Town Board.

Workforce rental dwelling.

Calculating permissible rent. Maximum monthly rent, including utilities (heat, hot water and electric), shall be set by local law or resolution and updated annually by the Town Board. Rent for an workforce dwelling shall include an estimated cost for utilities and shall not exceed 30% of the maximum family income of an income-eligible household earning 60% of the Town of Carmel median family income adjusted for bedroom size. Maximum rent shall be set in such a manner that an income-eligible household will have sufficient income to qualify to rent said dwelling.

Lease terms and renewal. An eligible household for a workforce rental dwelling shall sign a lease for an initial term of one year. As long as the household remains eligible and has complied with the terms of the lease, the household shall be offered a 2-year renewal thereafter. Adequate proof of household income shall be provided to the Town Board or its designee. If at the time of renewal, the household's income exceeds the maximum income limit established by the Town Board, such household shall be offered a market-rate rental dwelling in the development if available. If no such market-rate rental is available, the household may renew the lease for one more year, subject to the condition that should a market-rate dwelling become available, the household shall be required to move to said market-rate rental dwelling. At the end of the lease for such additional year, the household shall have no further right to reside in the workforce rental dwelling. At that time, the landlord shall have the option of increasing the rent to the prevailing market rate, provided that the landlord shall make a comparable rental unit available to another eligible household at the restricted workforce housing rental rate.

Town Board review. All lease terms shall be reviewed and approved periodically by the Town Board.

Applicant eligibility.

Income eligibility. For "for sale" dwellings, a household shall be determined to be income-eligible where its annual family income does not exceed 80% of the median family income for the Town of Carmel. Median family income will be calculated using the most recent estimate of median family income reported by the U.S. Census Bureau and adjusted on an annual basis to account for inflation or deflation, as the case may be, until the median family income is updated in the next U.S. Census Bureau survey. The median family income level for Carmel will be adjusted using the Consumer Price Index (CPI) for All Urban Consumers for Putnam County, published by the U.S. Bureau of Labor Statistics, and adjusted based on family size using the U.S. Department of Housing and Urban Development published family size adjustment data. For rental dwellings, a family shall be determined to be income-eligible where its annual family income does not exceed 60% of the median family income for the Town of Carmel for a family of four, and calculated annually as set forth above for "for sale" dwellings. The Town Board may establish by local law or resolution additional standards to ensure income eligibility.

Selection priority. Once an applicant is determined to be eligible to participate in the workforce housing program based on applicable income levels, preference will be given to applicants on the basis of the following factors. An "applicant" shall be defined to include any and all family members 18 years of age and older who will occupy the workforce housing dwelling as a primary residence. An applicant seeking preference based on voluntary service must provide an affidavit from an authorized person within such organization attesting to the applicant's length of voluntary service or employment. The Town Board, by local law or resolution, may establish a point system to prioritize households that fall within the following categories:

Volunteer Fire Department or Ambulance Corps members serving the Town of Carmel, with a minimum of six months of consecutive active service.

Paid emergency service personnel serving the Town of Carmel, including police, fire and emergency medical services, with a minimum of six months of employment.

Town of Carmel full-time municipal employees, with minimum of six months of employment.

School district employees for any schools that provide education services to students who live in Carmel, with a minimum of six months of employment.

Veterans of the United States Armed Forces, honorably discharged.

Persons employed in the Town of Carmel.

Resident of the Town of Carmel who have lived in Carmel for at least three years.

(h)

Former residents of the Town of Carmel who are able to document that they resided in the Town for at least three years.

(i)

Putnam County residents for at least three years, not residing in Carmel.

(j)

All income-eligible households not set forth above.

Noneligible applicants. In the event that there are no eligible applicants for workforce dwellings by application of the selection criteria, the Town Board may allow, by resolution, a workforce dwelling to be rented by the owner on a temporary basis at market rate.

Administration. The Town Board of Carmel shall administer this workforce housing program. The Town Board may delegate its responsibilities to a Workforce Housing Committee. The Town Board may also hire staff or contract with Putnam County or a qualified not-for-profit organization, governmental agency, or private consultant to administer all or a portion of the workforce housing program under the direction and oversight of the Town Board or an Affordable Housing Committee. The responsibilities and duties of the Town Board shall include, but shall not necessarily be limited to, the following:

Review and approve workforce housing applications.

Maintain eligibility priority list, annually certify and recertify applicants.

Establish annual maximum income limits; rental, sale and resale prices.

Maintain list of workforce dwellings in the Town.

Review and approve deed restrictions applicable to a workforce dwelling.

Review and approve the lease terms for a workforce rental dwelling.

Promulgate rules and regulations as necessary.

Such other and additional responsibilities and duties as established by the Town Board by local law or resolution.

§ 156-17 Agricultural operations.

Agricultural operations are permitted as a principal use, provided that:

The site size shall be at least four acres.

No building or structure used for any of the above purposes shall be located closer than 100 feet to any property line. Pens or buildings housing animals or runs shall be located a minimum 150 feet from any property line.

For purposes of this section, an agricultural building is a structure designed and constructed to house farm equipment, farm implements, poultry, livestock, hay, grain, or other horticultural products. The structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public. An agricultural building shall be set back no less than 50 feet from any property line. Agricultural barns and silos, used for agricultural purposes, shall be exempt from the height requirements of the zoning chapter. Buildings shall be set back from each other no less than the height of the taller building.

§ 156-18 Coops and attached runs for chickens.

No storage of manure or other odor- or dust-producing substance shall be permitted within 200 feet of any property line and shall meet applicable regulatory requirements.

This section shall not apply to the operation of a private, noncommercial garden or greenhouse accessory to a single-family detached dwelling in which produce is raised for personal use.

The keeping of farm animals shall be permitted, provided that said animals are limited to those traditionally found on a farm, such as cows, pigs, horses, sheep, goats, alpacas, llamas, and poultry. Such traditional farm animals shall not be considered household pets.

Agritourism uses are allowed which are subject to approval as part of any site plan approval.

A coop for housing chickens and an attached run shall be permitted as an accessory use to a single-family detached dwelling. The combined square footage of the coop/run area should allow at least four square feet for each chicken being kept in the area. Roosters are prohibited.

No coop or run for housing of chickens shall be located on a lot comprised of less than 40,000 square feet of gross lot area. A lot may only house a maximum of six chickens for every 40,000 square feet of gross lot area comprising such lot. No lot may house more than 18 chickens in total.

Coops and runs may not be located in any front yard. Coops and runs shall be situated completely in a side or rear yard, and no less than 15 feet from any side or rear property line.

All coops and runs must be kept clean neat and free of debris and be in compliance with all state and local laws regulating animals.

All coops and any attached run shall be screened from view at ground level from adjacent lots by installing a fence with a height of four to six fencing, landscaping, or a combination thereof and the screening must be effective and present throughout the year, i.e., evergreen landscaping.

All feed shall be kept in rodent-proof containers.

All chickens will be contained in coops and runs unless property size is in excess of three acres.

Any lot which houses chickens shall be required to submit an application and obtain a permit issued by the Building Inspector and accompanied by a fee in accordance with the Schedule of Fees of the Town of Carmel.

Penalties for offenses.

Any complaint received by the Building Department or Police Department pursuant to this chapter pertaining to the cleanliness or sanitary condition of the run/coop may be referred to the Putnam County SPCA for investigation and who is hereby empowered to enforce any and all violations of this code.

Any person or entity that shall violate any of the provisions of this section shall be guilty of a violation and shall be punished as follows:

For a first offense: by a fine not to exceed $50.

For a second offense: by a fine not to exceed $100.

For a third offense or any subsequent offenses: by a fine not to exceed $200 or removal of chickens, coop, and run from said premises, or by both such fine and cessation of use.

Each violation of any provision of this section and each week that each such violation shall continue shall be deemed to be a separate and distinct offense.

§ 156-19 Fences and walls; storage sheds.

In addition to the above-provided penalties and punishment, the Town may also maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction any violation of this section.

Fences and walls.

Fences and walls by use.

Fences or walls shall be permitted as accessory structures, provided that no fence or wall shall exceed four feet in height in any front yard or side yard in front of the building line or six feet in height in any rear yard or side yard behind the building line. Fence height shall be measured from the natural grade along the base thereof. Where a fence is installed on top of a berm or retaining wall, the height shall be deemed to include the height of the underlying berm or wall. Fences shall be provided with a gate or other means of access to the enclosed space for emergency purposes.

Fences for nonresidential uses only may exceed the requirement in Subsection A(1)(a) above for screening purposes, provided the fence is approved by the Planning Board. In no case shall a fence exceed 12 feet in height unless elsewhere in this zoning chapter.

Where a wall exceeds six feet in height, same shall be designed by a structural engineer to the satisfaction of the Building Inspector.

Prohibited materials. No person shall be permitted to erect or cause to be erected any barbwire, razor, chain link except with closed loop at the top, electrically charged, short-pointed metal, poultry, turkey wire, or any similar type fence. No fence or wall shall be erected which is embedded with or made of pieces of glass, sharpened metal or sharp or otherwise hazardous material. A chain link fence shall not be permitted within any front yard. Tarpaulin, canvas, cardboard and other impermanent materials are prohibited fence materials.

Corner lot exception. The Building Inspector may allow a corner lot to have a fence within one front yard. In said yard, it shall be installed at the required yard setback line.

Maintenance. Fences, walls and other minor constructions shall be maintained in safe, good and substantial condition and in sound structural condition.

§ 156-21 Outdoor dining and sidewalk cafes.

Preexisting noncompliance. Any fence legally in existence on the effective date of this section shall be permitted to remain, provided that such fence is maintained and repaired. At such time that the fence is removed, altered or reconstructed, any new fence shall conform to these provisions.

Small storage shed setbacks. The minimum required yard dimensions for such accessory use shall be front: 40 feet; side: 10 feet; and rear: 10 feet. The maximum permitted height shall be 14 feet.

§ 156-20 Farm stand.

A farm stand is permitted as an accessory use and upon issuance of a permit by the Building Inspector, provided that:

The farm stand shall sell only those products grown or made on the premises to which it is accessory.

The total gross floor area of a farm stand shall not exceed 200 square feet, and its height shall not exceed 10 feet.

The applicant shall demonstrate to the satisfaction of the Building Inspector that there is sufficient off-street parking to serve the farm stand and that it can be located in such a manner that there is adequate sight distance to permit safe ingress and egress. The Building Inspector may require that the parking area be permanently improved and shall be so located and arranged that vehicles will not be required to reverse onto any road.

Site plan approval and building permit required. Notwithstanding any inconsistent provision contained in Chapter 128, Streets and Sidewalks, outdoor cafes for the sale to the public of food and beverages, shall be allowed accessory to a restaurant, if site plan approval is obtained from the Town of Carmel Planning Board and a permit is issued by the Building Inspector. Any facility serving alcohol shall have all appropriate liquor licenses and approvals.

Permit application. An application shall be submitted to the Building Department indicating all information required by it in reference to the issuance of the permit and shall be signed by the owner of the property and the permittee if that entity is different than the owner of the property.

Standards for a sidewalk cafe. A permit for a sidewalk cafe may be issued only to the owner or the tenant of a building (the permittee) occupied and used for the sale of cooked and prepared food, except fast-food restaurants, in a zoning district permitting such use and within the public sidewalk adjacent thereto, provided that the following requirements are met:

The sidewalk abutting the property, from property line to the curb line, shall have sufficient clearance to accommodate pedestrians and meet ADA requirements. In addition, the Building Inspector may refer any application to the NYSDOT or the Putnam County Highways and Facilities.

Said use shall be at least 50 feet from any residential lot in a residentially zoned district.

The area to be used for the sidewalk cafe must not encroach onto the sidewalk to fully obstruct pedestrian use thereby creating an unsafe situation. The Planning Board may require that a barrier to traffic movements be provided.

No permanent structures may be affixed to the sidewalk area used for the cafe or affixed to the building abutting the area for purposes of the cafe, and the area may be occupied only by chairs, tables, benches, umbrellas and planters for the convenience of the patrons to be served in such area. Planters shall be so arranged as to enclose the dining area.

A clear unoccupied and unobstructed space must be provided, not less than three feet in width, from all entrances of the building abutting the sidewalk to the unoccupied portion of the public sidewalk and otherwise meet ADA requirements.

Neither outdoor lighting nor live or mechanical music may be used on or for the cafe area, except that in such cases where street lighting is insufficient to illuminate the dining area so that a hazard to those traveling the sidewalk may be created, the Planning Board shall direct, and the applicant shall provide such lighting for nighttime hours. The Planning Board, as a condition of approval, may limit the time period within which the sidewalk cafe may operate.

General comprehensive liability insurance naming the applicant and the Town of Carmel, its officers, agents and employees as named insureds must be provided, with limits of $25,000/$50,000 for property damage and $500,000/$1,000,000 for personal injury, effective for the duration of the permit.

Standards for outdoor dining. A permit for outdoor dining may only be issued to the owner or the tenant of a building occupied and used for the sale of cooked and prepared food, except fast-food restaurants, in a zoning district permitting such use, provided that the following requirements are met:

Outdoor dining in conjunction with any nightclub is specifically prohibited.

Said use shall be at least 50 feet from any residential lot in any adjoining residential district.

The Town of Carmel Planning Board may prohibit or limit the hours of operation of any activities which could cause an adverse impact on adjacent or nearby residential properties, such as unreasonable noise emanating from the outdoor dining area.

No exterior lighting shall be permitted which would cause illumination beyond the boundaries of the property on which it is located. Hours of lighting shall be as limited by the Planning Board.

§ 156-23 Private swimming pools; tennis courts; pool houses.

Off-street parking spaces shall be provided as required for restaurants in § 156-43 of this chapter.

Fees and deposits. The fee for each permit shall be as set by the Town Board in the annual user fee schedule. Fees are payable upon the issuance of the permit. The sum of $500 shall be deposited, upon the issuance of the permit, to guarantee compliance with the terms of this chapter and the removal of such items as may be placed upon the public sidewalk, upon the expiration date of the permit.

Violation. In the event that the permittee violates any of the provisions of this chapter, the Town Board may terminate the permit, after a hearing at which the permittee may be heard. Notice of the violation shall be provided by certified mail, mailed to the current address of the permittee, at least five days prior to the hearing.

Failure of permittee to comply. In the event that the permittee fails to remove any items placed upon the public sidewalk, and upon the expiration of the permit or for any violation issued, the Town Board may cause such items to be removed, the cost of which shall be paid for by the deposit provided by the permits in issuance of the permit, as well as any additional cost for the removal and storage of any items of the permittee. If the permittee fails to pay the cost of storage and any excess cost of removal within 90 days after storage, the Town Board may sell the items at public auction, and the Town of Carmel shall be reimbursed for all costs of said storage and removal. Should there be any surplus funds from the sale of said items, the surplus funds shall be reimbursed to the permittee.

§ 156-22 Private stables.

A private stable is permitted as an accessory use, provided it is on a lot no less than three gross acres for the first horse (which may also include the principal dwelling), plus an additional 1/2 acre per each additional horse. No less than 20,000 square feet shall be devoted to and securely fenced for the first horse, with an additional 10,000 square feet set aside and securely fenced for each additional horse, with a limit of five horses, and there shall be no dwelling units in the same building in which horses are housed. The buildings in which horses are to be stabled shall be designed to provide adequate ventilation, light and drainage. No storage of manure or other odor-or dust-producing substance shall be permitted within 50 feet of any property line and shall meet applicable regulatory requirements.

Private swimming pools, pool houses, and tennis courts for use by the residents and their guests on the premises shall be permitted, provided that:

Said facilities and all appurtenances thereto shall not be located in the front yard of the lot nor within 10 feet of any property line.

All private swimming pools shall be fully enclosed by a fence or wall in compliance with the New York State Building Code.

A fence around a tennis court shall not exceed 10 feet in height. Said fence must be an "open-air" fence and shall not be opaque.

A pool house shall not contain bedrooms or be designed so as to be a dwelling.

A building permit shall be required for the installation of said facilities.

§ 156-24 Temporary trailers; tents.

Trailers. In the event of an emergency (fire, flood, etc.) which renders a building uninhabitable, a temporary permit for use of a temporary trailer may be issued by the Building Inspector for not more than 90 days to allow for temporary storage and/or short-term habitation by the owner of the lot on which the trailer is located until such time that the on-site building can be occupied or a new building is constructed to replace it. Said permit may be renewed for an additional 90 days by the Building Inspector. All necessary approvals from the Putnam County Department of Health and/or the Town of Carmel must be obtained for water and sanitary connections. No certificate of occupancy for a replacement or reconstructed building shall be issued prior to the temporary trailer being removed.

Tents. The installation or maintenance of a temporary tent is allowed in accordance with the following:

In a residential zoning district, one tent or similar temporary structure may be installed on a residential property for private, non-commercial use by the property owner for weddings and similar events for a time period not to exceed 72 hours upon issuance of a temporary permit from the Building Inspector prior to the event. No more than two temporary permits shall be issued to a property annually. Tents shall not be located in the front yard, or a required side or required rear yard. A fee for the temporary permit shall be paid in accordance with the Town of Carmel Fee Schedule.

Tents in in any zone other than a residential zoning district may be installed upon issuance of a temporary permit from the Building Inspector. The following standards shall apply:

The tent meets all the applicable requirements of the New York State Fire Code and the tent is certified as meeting the California Flame Retardant Fire Safety Standards for Fabrics and/or the National Fire Protection Association Flame Resistant Fire Safety Standards for Textiles.

The location and size of the tent use shall be of such character that, in the determination of the Building Inspector, it will be in harmony with the existing development of the district in which it is proposed to be situated and will not be detrimental or obnoxious to adjacent properties in accordance with the zoning classification of such properties, as set forth in this zoning chapter.

The location and size of the tent, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that, in the determination of the Building Inspector, both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to persons using or passing by the premises or conflict with the normal traffic of the surrounding area.

A tent may be installed for a period of time not exceeding 10 days from the date of installation specified in the temporary permit. Temporary permits are limited to no more than four permits per year and only one temporary permit may be issued in a 30 day period.

A fee for the temporary permit shall be paid in accordance with the Town of Carmel Fee Schedule.

The Building Inspector, when issuing such temporary permit, shall collect a security deposit in a form acceptable to the Town to ensure the removal of said tent at the end of the temporary permit. The amount of said deposit shall be in an amount determined by the Town Board and filed in the office of the Town Clerk. Upon the proper removal of the tent by the permit holder, in accordance with the temporary permit, the Town shall refund said security deposit. If the permit holder fails to remove the tent at the expiration of the temporary permit, the Building Inspector is authorized to have the tent removed and to charge the cost of said removal plus an administrative fee against the security deposit.

§ 156-25 Rooftop solar energy systems; Tier 1 battery storage systems; EV charging stations.

Exemption. A temporary tent not covering more than 144 square feet of lot area and used as a cemetery canopy or a house of worship canopy or used for recreational purposes shall be permitted and shall be exempt from the requirements of this section.

Rooftop solar energy systems.

Solar energy is a renewable and non-polluting energy resource that reduces fossil fuel emissions and reduces a municipality's energy load. Energy generated from solar energy systems can be used to offset energy demand on the grid when excess solar power is generated. The use of solar energy systems for the purpose of providing electricity and energy for heating and/or cooling, or any other use needing electric power is a necessary component of the Town of Carmel's adopted comprehensive plan. This section is intended to permit and regulate solar energy systems and equipment, including the efficacy of siting to provide for adequate sunlight and convenience of access; to balance the potential impact on neighboring properties when solar energy systems may be installed near their property, while preserving the ability of property owners to install solar energy systems in accordance with applicable laws and regulations.

The requirements of this section shall apply to all solar energy systems and equipment installed or modified after the effective date of this section. No solar energy system equipment shall be installed, operated or modified except in compliance with this section. The Town may require the establishment of an escrow to reimburse the Town for any review associated with a solar energy system, e.g., structural integrity.

A pre-existing solar energy system for which a valid permit has been issued and complies with all applicable New York State laws, rules and regulations is not required to comply with this section, provided that such systems complied with all applicable laws, rules and regulations when installed.

All solar energy system installations must be performed by a solar electric installer credentialed by NYSERDA or successor agency.

Prior to operation, electrical connections must be inspected by the Building Inspector and by an 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.

All solar energy systems shall be maintained in safe and good working order.

All solar energy systems shall comply with all applicable New York Uniform Fire Prevention and Building Code and Energy Code standards. The Building Inspector and/or the Planning Board, in their discretion, may refer the system to the applicable fire department for comment.

If solar storage batteries are included as part of the system, they must be placed in secure containers or enclosures meeting the requirements of the New York State Building Code when in use, and when no longer used, such batteries shall be disposed of in accordance with the laws and regulations of the Town and other applicable laws and regulations. Nothing herein is intended to permit a Tier 2 battery energy storage system which is prohibited in the Town of Carmel.

All 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. The markings shall be placed adjacent to the main service disconnect in a location clearly visible from the location where the lever is operated. If any of the standards for markings in this subsection are more stringent than applicable provisions of the New York State Uniform Fire Prevention and Building Code and Energy Code, the more stringent provisions shall apply.

All solar panels and equipment shall be designed and sited so as to not reflect glare onto other properties, public or private roads, rights-of-way, or aircraft in flight; and shall not interfere with traffic or create a safety hazard.

(11)

Prior to issuance of any permit for a solar energy system, the applicant shall submit to the Town Building Department a letter stating that the issuance of said permit shall not and does not create in the property owner, or its successors and assigns in title, or create in the property itself:

The right to remain free of shadows and/or obstructions to solar energy caused by development of adjoining or neighboring property or the growth of any trees or vegetation on adjoining or neighboring property; or

The right to restrict or prohibit development or the growth of any trees or vegetation on adjoining or neighboring property.

(12)

Roof-mounted solar energy systems.

A roof-mounted solar energy system may be mounted on any legal principal or accessory building or structure, subject to the Building Inspector and structural and/or Town Engineer's review of the structures for structural integrity. Roof-mounted solar energy systems are not subject to site plan review and approval by the Planning Board.

A roof-mounted solar energy system is permitted to serve only the building(s) or structure(s) on the lot upon which the system is located except that a solar energy system that is connected to the utility grid may push back excess electricity back into said grid.

The applicant shall file a New York State Unified Solar Permit (USP) application with the Town Building Department and pay all fees for review and inspections to obtain a building permit.

Solar panels facing the front yard must be mounted at the same angle as the roof's surface, with a maximum distance of 18 inches between the roof and the highest edge of the panels.

Roof-mounted solar panels which are flush-mounted shall not be included in the height of the building, nor subject to height limitations governing principal or accessory buildings or structures to which it is mounted, if, in the opinion of the Building Inspector, after consultation with a structural and/or the Town Engineer, such panels are installed no higher than a height reasonably necessary to accomplish the intended purpose.

A suitable perimeter area around the edge of the roof shall be provided, no less than a minimum of 18 inches from the edge of the roof, except that along one side of the roof panels shall be set back three feet for emergency access.

(13)

Canopy solar energy system. For purposes of this zoning chapter, a canopy solar energy system is a system which is installed above parking lots accessory to nonresidential uses. Any canopy system shall be subject to Planning Board site plan review and approval. The following shall apply:

A canopy system shall not be permitted accessory to any use which requires a parking area with less than 50 parking spaces within a contiguous area. A canopy system shall not be located in a required yard nor closer than 50 feet to any lot line.

The maximum height of the canopy system shall not exceed 20 feet and shall be the height necessary to provide safe clearance of vehicles, whichever is the lesser.

A structural engineering report certified by a New York State licensed professional engineer shall be submitted that demonstrates the structure can meet wind and snow loads. The length of the canopy shall be equal to the length of the parking spaces the structure is covering, plus an additional length, no more than two feet, to allow for ice and snow to slough from the canopy without falling on vehicles.

All equipment, inverters, and other appurtenances accessory to the canopy shall be provided within a landscape island and screened from view.

The Planning Board shall conduct architectural review of all canopies, which Board shall determine the colors and materials of any piers and canopy.

At the Planning Board's discretion, a canopy system can be considered for smaller parking lots where it can meet all other requirements of this section, and where the Planning Board determines it will not have a visual, safety, or other impact to adjoining uses or streets.

Tier 1 battery energy system. As defined in this zoning chapter, Tier 2 battery energy storage systems are prohibited. The following shall apply to Tier 1 systems.

Tier 1 battery energy storage systems shall be permitted in all zoning districts.

A building permit and an electrical permit shall be required for installation of all battery energy storage systems.

All battery energy storage systems and any associated buildings or structures must be designed, built, and installed according to the following standards:

Uniform Code: Adhere to all relevant provisions.

Energy Code: Follow all applicable requirements.

Referenced codes and regulations. Comply with any additional codes, regulations, and industry standards referenced by the Uniform Code, the Energy Code, and the Town of Carmel Code.

System certification. Battery energy storage systems and equipment shall be listed by a Nationally Recognized Testing Laboratory to UL 9540 (Standard for battery energy storage systems and Equipment) or approved equivalent, with subcomponents meeting each of the following standards as applicable:

UL 1973 (Standard for Batteries for Use in Stationary, Vehicle Auxiliary Power and Light Electric Rail Applications);

UL 1642 (Standard for Lithium Batteries);

UL 1741 or UL 62109 (Inverters and Power Converters);

Certified under the applicable electrical, building, and fire prevention codes as required;

Alternatively, field evaluation by an approved testing laboratory for compliance with UL 9540 (or approved equivalent) and applicable codes, regulations and safety standards may be used to meet system certification requirements.

Site access. A Tier 1 battery energy storage systems shall be maintained in good working order and in accordance with industry standards. Site access for maintenance and in the event of an emergency shall be maintained, including snow removal at a location acceptable to the Building Inspector.

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.

Electrical vehicle charging stations.

Level 1 and Level 2 charging stations are permitted in any zoning district, when accessory to a principal use. Level 2 charging stations shall be subject to building permit approval.

Level 3, or DC fast charge, charging stations are permitted accessory to a principal use in any mixed use or nonresidential zoning district. Installation thereof shall be subject to building permit approval.

Standards.

Electric vehicle parking and charging stations shall be equal to parking space size. The installation of electric vehicle supply equipment shall not reduce the electric vehicle parking space length to below off-street parking space size and standards in this chapter. If required, additional space shall be provided for the charging station. The charging station shall be subject to the same setback and yard requirements applicable to parking for the applicable use and zoning district.

Installation of EVSE shall meet National Electrical Code Article 625, as may be updated, and New York State Electrical Code as applicable.

Charging station outlets and connectors shall be no less than 36 inches and no higher than 48 inches from the surface where mounted.

Adequate electric vehicle charging station protection, such as concrete-filled steel bollards, shall be installed. Curbing may be used in lieu of bollards if the charging station is set back a minimum of 24 inches from the face of the curb.

Adequate site lighting should be provided unless charging is for daytime purposes only.

If time limits or vehicle removal provisions are to be applied, regulatory signage, including parking restrictions, hours and days of operation, towing, and contact information, shall be installed immediately adjacent to, and visible from, the electric vehicle charging station.

When EVSE is placed in a sidewalk or adjacent to a walkway, it shall not interfere with the minimum pedestrian clearance widths as defined in Chapter 11 of the New York State Building Code.

(h)

Cords, cables, and connector equipment shall not extend across the path of travel within a sidewalk or walkway.

(i)

The Building Inspector may consult with the local fire department with regard to the design and installation of the equipment.

§ 156-26 Shoreline activities; piers and docks.

Installation of a Level 2 or Level 3 charging station shall require a building permit and shall be accompanied by a fee in accordance with the Town of Carmel Fee Schedule.

Purpose and applicability. The purposes of this section are as follows:

To protect the aesthetic beauty of the waterbodies and the shorelines within the Town of Carmel;

To maintain safe, healthful conditions and to prevent and control water pollution and soil erosion and sedimentation within said waters;

To control building sites and the placement of structures and to preserve shore cover which filters runoff from developed sites. The use of land and water, the size, type and location of structures on lots, the installation of waste disposal facilities, the filling, grading, and dredging of any land and the cutting of shoreline vegetation shall be in full compliance with this section, other provisions of this chapter and other applicable laws, rules and regulations; and

To minimize hazards within waters and promote public safety.

Areas to be regulated. It is within the Town of Carmel's jurisdiction to regulate waters and lands, including underwater lands, owned by the Town of Carmel, and lands and waters over private land, including private underwater lands, that are within the Town of Carmel. Nothing herein is intended to regulate structures that are affixed directly to or installed on or over underwater lands or waters owned by the City of New York. Areas regulated by this section shall include all the lands and waters in the Town of Carmel which are located:

Within 50 feet of the mean high-water mark of lakes and ponds.

Within 50 feet of the mean high-water mark of rivers or streams.

More restrictive measures shall apply. Where these standards are in conflict with those promulgated by the NYSDEC or NYCDEP, the more restrictive shall prevail.

Other approvals required. An applicant for any development activity or land disturbance which is commenced within the regulated area shall be responsible for obtaining all other reviews, licenses, permits and approvals from all applicable agencies, which may include but not be limited to the following:

NYDEC Protection of Waters permit;

NYSDEC Freshwater Wetlands permit;

NYSDEC Floating Objects permit;

U.S. Army Corps of Engineer permits;

NYS Office of General Services licenses and/or permits for activities occurring on underwater lands or waters of the State of New York; and

NYCDEP Permit for activities occurring on underwater lands or waters of the City of New York. The Building Inspector shall not issue any permit for any activities or improvements affixed to lands or waters regulated by this section until all permits and approvals are obtained for that activity.

Activities subject to building permit application. All docks, piers, wharves, boat slips, fences, walls and grading activities or combination thereof within the regulated area, that affect 100 square feet of area or less in the aggregate, shall require a building permit from the Building Inspector and shall be regulated as set forth herein. For purposes of this section, docks, piers, wharves, boat slips, and boathouses are collectively referred to as waterfront structures.

Site plan review. Except as provided in Subsection E above, all other land use and development activities in the regulated area that disturb a larger area shall be subject to site plan review and approval by the Planning Board. The Building Inspector may refer any application required in Subsection E to the Planning Board for site plan review and approval, where the application requires further detailed review based on the complexity of the application.

General standards. In addition to the standards set forth throughout this zoning chapter, the following standards shall apply within the regulated area: No dock shall be constructed so as to interfere with normal navigation or with reasonable access to adjacent docks. A width of 30 feet of clear passage shall be maintained at all points.

Construction shall be carried out in such a manner so as to minimize the erosion caused by such activity. Construction and excavation activities shall be carried out in the shortest period of time possible.

Shoreline areas, except beaches, shall never be exposed (unvegetated) for longer than the time period designated by the Building Inspector and when exposed shall adequately be protected from erosion.

All structures, except waterfront structures, that are within 25 feet of the mean high-water mark of any water body regulated herein, shall be screened by vegetation or landscaped in such a way so that the view of the structures from the water is filtered and the visual impact minimized.

Filling. There shall be no fill placed in the regulated area, except as associated with shoreline protective structures or beach replenishment or other alternatives found to be beneficial to existing shoreline conditions, water quality or clarity. Any fill shall be protected against erosion through appropriate sediment control measures.

All parking, loading or service areas should be constructed of permeable materials.

Lighting devices shall be oriented so as to minimize disturbances on surrounding properties and shall be the minimum necessary for safety. Lighting shall be in accordance with lighting standards set forth in this zoning chapter. Lighting shall not glare beyond 25 feet over the lake or water body.

No waterfront structure shall extend closer than 15 feet to any adjoining property line. The property line shall be measured by the extension of an imaginary line drawn parallel to the lot line which intersects with the shoreline, at a place where the property line and the shoreline intersect. The distance shall be measured parallel to the shoreline.

Waterfront structures shall be designed and configured so that they do not interfere with navigation (30 feet clear passage) or the rights of adjoining owners and the public to use the waterbody, do not harmfully affect the environment or estuarine areas and are appropriately lit to provide adequate warning to boaters, but not to produce glare. The underwater portions of docks, including piles, shall only be composed of materials which are chemically inert and will have no adverse effect on the environment or water quality. The configuration of a waterfront structure shall be determined on a case-by-case basis considering the location, limiting natural features of the sites, demonstrated need and compliance with other state and federal laws.

The maximum length that any waterfront structure may extend into the water shall be 25 beyond the high tide line, and a pier, dock or slip shall not exceed six feet in width. A waterfront structure shall not provide dockage to more than five motorized watercraft, except as elsewhere regulated herein. Any waterfront structure, the combination of which exceeds 25 feet, shall be reviewed and approved by the Planning Board, which shall find that said structure does not pose a hazard to navigation, or impede access to other waterfront properties.

A buffer strip of natural or planted vegetation shall be maintained, except to allow for necessary access points as determined by the Planning Board. Where beaches are proposed, an adequate buffer behind the beach shall be established and shall be of a depth determined by the Planning Board. In addition, vegetative buffers shall be maintained so as to effectively screen parking areas and buildings from the water. The Town Engineer as MS4 Coordinator, Building Inspector, or Planning Board may require the installation of stormwater control devices to ensure that any construction within the regulated area does not have a negative impact on water quality.

(11)

To the maximum extent, portable toilets shall be situated on a property so as not to be visible from the waterfront or from any public road. Where this cannot be accomplished, the portable toilet shall be screened from view by use of lattice, fencing, year-round vegetative screening or similar design.

(12)

Homeowners association. Any property owned by a Homeowners Association which proposes a waterfront structure or access through the regulated area shall obtain site plan approval from the Planning Board. Use of lands shall only be by individuals that are a member of the homeowner's association and their guests, except nothing herein shall permit a watercraft and dock, pier or similar structure to moor watercraft for any craft other than for a homeowner. As part of site plan approval, the homeowner's association shall maintain a list of all property owners and which are allowed access through such homeowner association lands, shall be allowed to continue the use of their existing waterfront structures. However, if extended or expanded, it shall require Planning Board approval.

(13)

Pre-existing waterfront structures. Docks, piers, slips and similar waterfront structures legally in existence on or before the date of adoption of this chapter, are permitted to continue, provided the Building Inspector determines that the structure(s) was legally pre-existing. Any legally preexisting waterfront structure which exceeds 25 feet in length shall not be further expanded in any manner, including the addition of any slips. No pre-existing dock, pier or other waterfront structure shall be longer than 50 feet for purposes of being considered a preexisting waterfront structure. Pre-existing waterfront structures are those that are legal by certificate of occupancy, pre-existing status, or by approval from another governing body. Within one year of adoption of this chapter, the property owner shall submit proof of "legality" and the Building Inspector will make a written determination based on the Building Department file(s) and any information submitted.

(14)

The Town Engineer as MS4 Coordinator, Building Inspector, or Planning Board may require the installation of stormwater control devices to ensure that any construction within the regulated area does not have a negative impact on water quality.

In addition to the general standards in Subsection G, the following site/use specific standards must be met:

Docks/boathouses/bathhouses on residential land with no principal structure/use.

A dock, boathouse or bathhouse, when not located on a parcel improved by at least one residential dwelling unit, shall require minimum lake frontage of at least 15 feet, a minimum mean depth of at least 30 feet and a minimum area of at least 3,000 square feet.

No dock, boathouse or similar structure may extend into or over the surface of any lake in the town for a distance of 25 feet from the high-water mark. No dock or similar structure may cover more than 25% of the width of the lake frontage and shall not, in any event, cover more than 25 feet of the lake frontage.

One parking space shall be required per dock slip (if applicable) or one parking space per 750 square feet of lot area.

No boathouse shall be designed and/or used as a dwelling unit and it shall be erected a minimum of 15 feet from any property line and shall not exceed 10 feet in height. If there are sanitary facilities, proper sewer connections and/or approval from the PCDOH must be obtained.

Fencing or screening of any such parcel shall not exceed four feet in height except to shield portable toilet facilities.

The site shall not operate as a marina as defined herein and the use shall only be limited to the owner, occupant, lessee, family member(s) and their bona fide guest or guests.

Docks/boathouses/bathhouses accessory to one-family dwellings:

A dock, boathouse or bathhouse, when located on a parcel improved by one residential dwelling unit shall not extend into or over the surface of any lake in the town for a distance of 25 feet from the high-water mark.

No boathouse shall be designed and/or used as a dwelling unit and it shall be erected a minimum of 15 feet from any property line. If there are sanitary facilities, proper sewer connections and/or approval from the Putnam County DOH must be obtained.

The site shall not operate as a marina as defined herein and the use shall only be limited to the owner, occupant, lessee, family member(s) and their bona fide guest or guests.

Commercial marina shall be permitted in the HMC-Hamlet Mixed-Use Center Zoning District, provided:

No existing Marina shall be enlarged, re-aligned, or extended in any manner without approval from the Planning Board of the Town of Carmel.

All dimensional requirements from the schedule of district regulations must be met, however, the shoreline must be a minimum of 50 feet in length.

One parking space per two boat slips, moorings, or any combination thereof shall be provided.

Toilet facilities shall be provided for patrons at one toilet/50 boat slips or moorings or any portion thereof.

If fueling boats on-site, there shall be a spill kit and fire extinguishers at the fueling location.

No boat repairs or maintenance is to be conducted when the boat is in, on or over the water.

Existing fraternal, social, civic or other semipublic clubs shall be allowed to continue the use of existing waterfront structures, however, if extended or expanded in any way, it shall require Planning Board approval.

Restaurants. Waterfront structures are allowed accessory to a restaurant which maintains frontage on a waterbody only where said structures are used as an alternative to landside parking. Waterfront structures which are used, rented, or leased on a one time, seasonal, or continuing basis and unrelated to the restaurant use shall be deemed a marina, and regulated in accordance with the standards for that use. However, if extended or expanded, it shall require Planning Board approval.

Existing two-family dwellings, and multi-family dwellings shall be allowed to continue the use of existing waterfront structures, however, if extended or expanded in any way, shall require Planning Board approval.

§ 156-27 Portable bathrooms.

Purpose. The Town of Carmel has received numerous complaints in regard to portable bathrooms, including complaints regarding their visual pollution and blighting effect. Although portable bathrooms may be an environmental asset, it is generally recognized that portable bathrooms create visual pollution and can deprive neighboring residents of the enjoyment of their property or premises. When not properly maintained, they can be a conduit for water pollution and health hazards. Therefore, it is the intent of the Town Board to establish and impose restrictions upon the installation and operation of portable bathrooms for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity of the Town and its inhabitants.

Existing and new portable bathrooms. Except as hereinafter provided, the lawful use of any existing portable bathroom may be continued, subject to the provisions of this section. No portable bathrooms shall thereafter be installed or maintained unless screened from view from any street in the Town of Carmel.

Penalties for offenses.

Failure to comply with any of the provisions of this chapter shall be a violation and, upon conviction thereof, shall be punishable by a fine of not less than $500 or imprisonment for a period of not more than 10 days, or both, for the first offense. Any subsequent offense shall be punishable by a fine of not less than $1,000 or imprisonment for a period of not more than 30 days, or both. Each day that a violation occurs shall constitute a separate offense. The owners of premises upon which prohibited acts occur shall be jointly and severally liable for violations of this chapter.

Compliance with the provisions of this chapter may also be compelled and violations restrained by order or by injunction of a court of competent jurisdiction.

In the event the Town is required to take legal action to enforce the provisions of this chapter, the violator will be responsible for all necessary costs incurred by the Town relative thereto, including attorneys' fees, and such amount shall be determined and assessed by the court.