A.
Home occupations, as defined herein, shall be subject
to the following regulations and standards where permitted as accessory
uses:
(1)
There shall be no indication of the home occupation from the exterior of the building, except for one sign in accord with § 75-22, and no modification to the structure shall alter its residential character.
(2)
A home occupation shall be conducted only within the
principal building on the lot, except in an A or A-1 District. In
any case, the floor area designed for and allotted to the home occupation
shall not exceed 30% of the total floor area in the dwelling unit
of the occupant or 500 square feet, whichever is less.
(3)
No more than two persons who are not residents of
the dwelling unit shall be employed in the home occupation.
(4)
No materials or equipment used in the home occupation
shall be stored or displayed outside the dwelling unit.
(5)
At least one, but no more than three, off-street parking
spaces shall be provided for the home occupation, in addition to those
required for the principal residential use. Such space may be provided
in the driveway but not in any required front yard.
(6)
The home occupation shall not generate traffic, noise,
vibration, odor, smoke, glare or electrical interference greater than
that normally created by other permitted uses in the same zoning district.
B.
Excavations.
(1)
Any proposed excavation adversely affecting natural
drainage or structural safety of adjoining buildings or lands shall
be prohibited. Excavations shall not create any noxious or injurious
substance or condition or cause public hazard.
(2)
In any district, excavation relating to the construction,
on the same lot, of a building or structure for which a building permit
has been issued shall be permitted. In the event that construction
of a building or structure is stopped prior to completion and the
building permit is allowed to expire, the premises shall immediately
be cleared of any rubbish or building materials, and any excavation
with a depth greater than two feet below existing grade shall immediately
be filled in and the topsoil replaced or all such excavations shall
be entirely surrounded by a substantial fence at least six feet high
that will effectively block access to the area in which the excavation
is located.
C.
Activity standards. In any district, the following
standards for activity shall apply:
(1)
No offensive or objectionable vibration or glare shall
be noticeable at or beyond the property line.
(2)
No activity shall create a physical hazard, by reason
of fire, explosion, radiation or other such cause, to persons or property
in the same or adjacent district.
(3)
There shall be no discharge of any liquid or solid
waste into any stream or body of water or any public or private disposal
system or discharge into the ground of any materials of a nature that
may contaminate any water supply, including groundwater supply.
(4)
There shall be no storage of any material, either
indoors or outdoors, in such a manner that it facilitates the breeding
of vermin or endangers health in any way.
(5)
The emission of smoke, fly ash or dust which can cause
damage to the health of persons, animals or plant life or to other
forms of property shall be prohibited.
D.
Planned new streets. After the planned right-of-way
line for future streets, for future extensions of existing streets
or for future street widening is established on the Official Map,
if any, buildings and structures shall be set back from such line
as though it were a street line.
E.
Accessory buildings and uses.
(2)
Setback and location requirements for accessory buildings:
(a)
Such buildings may be located in the required
side or rear yard in the A, A-1 and R-1 Districts at a minimum of
10 feet from any rear or side lot line.
(b)
Such buildings may be located in the required
rear or side yard in the R-2, R-2a and R-3 Districts at a minimum
of five feet from any rear or side lot line.
(c)
Such building, except for agricultural purposes,
shall not exceed the maximum height permitted in the district in which
it is located, or a maximum floor area of more than 500 square feet.
(d)
Such building, together with all other buildings
on the lot, shall not occupy more than the permitted lot coverage
in the district in which it is located.
(e)
Such building shall be located no closer to
the principal building than 12 feet or the height of the accessory
building, whichever is greater.
(3)
Accessory uses not enclosed in a building, such as
but not limited to swimming pools and tennis courts, may be permitted
in a required side or rear yard in the A, A-1 and R-1 Districts not
closer than 20 feet from a rear or side lot line and may be permitted
in a required rear or side yard in the R-2, R-2a and R-3 Districts
not closer than 10 feet to either a rear or side yard line.
(4)
Any swimming or ornamental pool with a depth greater
than 18 inches and a surface area of more than 150 square feet shall
only be permitted subject to the issuance of a building permit. Swimming
pools shall be protected by a permanent fence or barrier designed
and maintained to prevent accidental entry or unauthorized use of
the pool. Such fence shall be at least four feet high and completely
enclose either the pool or that portion of the property in which the
pool is situated or the entire property. All openings in said fence
shall have a self-closing gate or door with adequate lock to ensure
that such gate or door remains closed and locked at all times when
the pool is not in use. The design and construction of the fence or
barrier shall be approved by the Building Inspector at the time of
issuance of a building permit. If all parts of the pool are elevated
above the adjacent grade by a perpendicular wall at least four feet
in height, a fence or barrier is not required, provided that all points
of access to the pool are protected by self-locking gates or removable
ladders. The provisions of this subsection shall apply to new pools
immediately and, to pools existing on the date of adoption of this
subsection, it shall apply as of April 15, 1984.
F.
Corner clearance. For the purpose of minimizing traffic
hazards at street intersections, on any corner lot no obstructions
between a height of 2 1/2 feet and 10 feet above the adjacent center-line
elevation shall be permitted to be planted, erected or maintained
within the triangular area formed by the intersecting pavement lines,
or their projections where corners are rounded, and a straight line
joining the pavement lines at points 50 feet distant from their point
of intersection.
G.
Fences and walls. The requirements of this chapter shall not apply to necessary retaining walls, fences or walls not exceeding a height of six feet in any side or rear yard in an R-1, R-2, R-2a or R-3 District, and not exceeding a height of four feet in any front yard of an R-1, R-2, R-2a or R-3 District, except where corner sight distances are required for traffic safety. In any A District or business or industrial district, there shall be no restriction on fences or walls, except on an R-1, R-2, R-2a or R-3 District boundary line where such fences or walls shall be limited to eight feet in height, and except where corner clearances are required. Fences and walls that exceed these limits of the district in which they are located are considered to be structures and shall be subject to the area and bulk regulations as specified in § 75-11.
I.
Transition requirement.
(1)
Where a lot in a business district abuts a lot in
a residence district, there shall be provided along such side or rear
lot line in the business district abutting a residence district a
wall, fence, compact evergreen hedge or a landscaped strip of trees
or shrubs so designed as to form a visual screen not less than six
feet in height at the time of planting. Except for landscaped areas
and parking areas, a use which is not conducted within a completely
enclosed building shall be screened by a six-foot solid masonry wall,
chain link fence covered with an evergreen vine or compact evergreen
hedge.
(2)
Where a lot in an industrial district abuts a lot in a residential district, such lot in the industrial district shall meet the requirements of § 75-20D(2)(d) and (g).
J.
Agriculture shall include buildings and activities,
except farms expressly for the disposal of offal and farms expressly
for garbage disposal. A garbage disposal area operated by the Town
of Rosendale; a group of municipalities, including the Town of Rosendale;
or Ulster County is permitted. The processing and storage of agricultural
products, including packing, warehousing and storing, is permitted,
except that slaughterhouses, rendering, fertilizer plant and canneries
are prohibited. The unenclosed storage of manure or areas for storage
of dead fowl or other odor- or dust-producing substance or use shall
not be permitted within 100 feet of a property line or public street
right-of-way. Buildings for the housing of fowl or farm animals shall
not be located in the required front yard nor within 100 feet of a
property line.
K.
The keeping of customary household pets is permitted
in any district.
L.
Keeping of chickens and ducks.
[Added 12-14-2015 by L.L.
No. 3-2015]
(1)
Purpose and intent. The purpose of this section is to provide appropriate
standards and regulations for keeping chickens and ducks for noncommercial
purposes within a residential environment so as to avoid adverse impacts
on neighboring properties and residents, and to provide for the health
and safety of the chickens and ducks.
(2)
LIVESTOCK
POULTRY
CHICKEN
COOP
CHICKEN/DUCK ENCLOSURE (or RUN)
CULL
DUCK HOUSE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Domesticated animals, including poultry that are raised in
an agricultural setting to produce commodities such as food, fiber
and labor.
Domestic fowl, including chickens, turkeys, pheasants, ducks
or geese that are raised for meat or eggs.
For the purpose of this Code, a chicken (Gallus domesticus)
refers only to a female chicken (the hen).
The covered house, structure, or room that is required to
provide chickens with shelter from the weather, protection from predators,
and a place to lay eggs and to roost.
An enclosed fenced (or wire) area or pen, with or without
overhead screening, associated with a coop or duck house that is safe
from predators, allows for exercise and access to a foraging area
and sunlight and which keeps chickens and ducks maintained within
the boundaries, in accordance with all required setbacks.
To re-home or to kill unwanted chickens.
The covered house, structure, or room that is required to
provide ducks with shelter from the weather, protection from predators,
and a place to lay eggs and to roost.
(3)
General conditions for the keeping of chickens and ducks in R1, R2,
R3, A and A1 Zoning Districts.
(a)
Only female chickens, or hens, ducks and drakes may be kept.
The keeping of roosters, and any other type of poultry or livestock
is prohibited.
(b)
Number of chickens and ducks.
[1]
In the R1, R2, and R3, Districts, a limited number of chickens
and ducks are permitted, subject to obtaining a permit from the Town
Building Department, provided that the chickens and ducks are humanely
cared for and do not constitute a nuisance or create a hazard to public
health. The maximum number of chickens, ducks, or combination of chickens
and ducks per lot size is as follows:
(c)
Chickens and ducks must be confined at all times to the chicken/duck
enclosure.
(d)
The coop/duck house and enclosures may not be located in front
or side yards. Coops, duck houses and enclosures must be a minimum
of 50 feet from any neighboring residence, building, pool, deck or
patio, and shall comply with a setback of at least 15 feet from any
lot line or the minimum setback of the district in which they are
located, whichever is greater. Corner lots shall be excluded from
the side setback restriction.
(e)
The coop/duck house shall be covered and ventilated, and a fenced
enclosure/run is required. The coop/duck house and enclosure must
be completely secured from predators, including all openings, ventilation
holes, doors and gates. The coop/duck house must be easily accessible
for cleaning and maintenance.
(f)
The coop/duck house shall be constructed using durable materials
designed for permanent outdoor use.
(g)
The coop/duck house and enclosure shall be kept clean, consistent
with the New York State Property Maintenance Code.
(h)
Chickens and ducks shall be kept for personal use only. The
selling of chickens, ducks, eggs, meat, chicken or duck manure, or
the breeding of chickens or ducks for commercial purposes is prohibited.
(i)
Any composting of manure shall comply with the best practice
management guidelines that shall be on file in the Building Department.
Copies of same shall be provided by the Building Department to permit
applicants. Composting of manure shall be subject to a fifteen-foot
setback from all property lines, and run off shall not encroach on
neighboring properties. Manure, composted on the premises, cannot
be used off site.
(j)
All chicken and duck feed must be kept indoors in metal containers
with metal covers, with securely fastened covers, at all times to
minimize the infestation of rodents or problems with predators.
(k)
All persons who keep, possess or maintain chickens or ducks
must comply with the Town Noise Ordinances[1] and shall not permit the chickens or ducks to make noises
of such a nature as to be heard beyond the property on which such
chickens are harbored between 10:00 p.m. and 6:00 a.m.
(l)
Property owners must obtain a permit to keep chickens or ducks
pursuant to this section. The Town Board shall set the fee for said
permit from time to time, by resolution.
(m)
In the event that a property owner discontinues the keeping
of chickens or ducks for a period exceeding one (1) year, the use
of the property for the keeping of chickens or ducks shall be deemed
discontinued, and a property owner will be required to follow all
of the provisions of this chapter to restart such use.
(4)
Chicken and duck welfare and cruelty prevention.
(a)
Whoever impounds, confines or owns any chicken or duck and fails
to supply the animal with a sufficient quantity of appropriate and
wholesome food and fresh water shall be in violation of this Code.
(b)
Whoever keeps any chicken or duck in any enclosure without adequate
room for exercise, perching and ventilation shall be in violation
of this Code.
(c)
Whoever keeps any chicken or duck in dirty, damp or disease-prone
conditions shall be in violation of this Code. The coop or duck house
must have litter such as straw or shavings on the floor at all times,
generally at least six inches in depth, and this litter must be regularly
changed to prevent unsanitary and unhealthy conditions.
[Amended 4-12-2000 by L.L. No. 1-2000]
In order to provide adequate off-street parking
and loading areas within the Town of Rosendale, off-street parking
and loading shall conform to the standards set forth in this chapter.
It is recognized that the Main Street business area in the Town of
Rosendale is a unique area which was developed prior to the adoption
of standards requiring on-site parking for business uses. The development
pattern of small lots with little or no space between or adjacent
to commercial buildings prevents, in many cases, provision of on-site
parking. This development pattern contributes to the pedestrian-oriented,
historic character of the business area which is an asset to the Town
and which the Town seeks to preserve. Therefore, it is appropriate
to adapt the standards and procedures for parking in the Main Street
business area to recognize its unique characteristics while providing
alternate means to address the parking demands created by business
uses under current conditions. In all districts, off-street automobile
parking spaces and truck loading areas for the various permitted uses
shall be required at the time any of the main buildings or structures
of such uses are constructed or altered, as follows:
A.
Required off-street automobile parking spaces. The
minimum cumulative number of spaces shall be determined by the number
or amount of dwelling units, bedrooms, floor area, members, equipment,
employees and/or seats contained in such new buildings or structures
or added by alteration of buildings or structures; and such minimum
number of spaces shall be maintained by the owners of such buildings
or structures, as follows:
(1)
Office, business and commercial uses.
(a)
For retail business or service, bank or post
office, one space for each 200 square feet of customer floor area.
(b)
For office, including professional, personal
service or public utility, one space for each 200 square feet of gross
office floor area.
(c)
For restaurant, bar or nightclub, one space
for each 50 square feet of customer floor area.
(d)
For funeral home, one space for each five seats
of chapel or chapel's capacity.
(e)
For any commercial use, one space for each company
vehicle in addition to other required spaces.
(f)
For hotel and motel, and resort hotel, resort
lodge or resort ranch, one space for each bedroom, plus one space
for each four employees.
(2)
Parking in the Main Street B-1 District. Notwithstanding the requirements of Subsection A(1) above, parking standards in the B-1 District on Main Street in the former Village of Rosendale shall be subject to the following standards and provisions:
(a)
Parking standards for office, retail, restaurant
and residential uses.
[Amended 7-13-2005 by L.L. No. 2-2005]
[1]
For retail business or service, bank or post
office, one space for each 400 square feet of gross office floor area.
[2]
For office, including professional, personal
service or public utility, one space for each 400 square feet of gross
office floor area.
[3]
For restaurant, bar or nightclub, one space
for each 100 square feet of customer floor area.
(b)
Waiver of parking requirements. Upon a finding
by the Planning Board that sufficient parking to satisfy the parking
standard set forth above cannot be provided safely or efficiently
on a site, the parking requirement may be partially or totally waived
during site plan approval, up to a total of eight spaces. If it is
determined that a waiver of more than eight spaces is required, such
waiver shall only be granted upon issuance of a special permit following
a public hearing and an analysis of the impact of such waiver. Such
analysis shall include distance from the site to an existing public
parking facility, availability of parking on other sites in the immediate
area and means to reduce the extent of the waiver including reduction
in the size of the proposed use.
(c)
Establishment of Town Parking Fund. Where the parking requirement is waived as per Subsection A(2)(b) above, the property owner shall be charged an initial fee and an annual fee per parking space waived, said fees to be in accord with a fee schedule as adopted periodically by resolution of the Town Board. All such fees shall be placed in a Town Parking Fund to be used exclusively for acquisition, improvement and maintenance of public parking facilities within the Main Street business area.
[Amended 7-13-2005 by L.L. No. 2-2005]
(d)
Parking needs analysis. Within one year of the
effective date of this subsection, the Town Board shall authorize
an analysis of parking in the Main Street area to include the following:
[1]
The number of existing parking spaces, both
public and privately owned.
[2]
The total number of parking spaces required to satisfy the existing demand for parking by all uses in the Main Street business area in accord with the standards set forth in Subsection A(2)(a) above.
[3]
The location and capacity of possible sites
in the Main Street area which may be used to increase the existing
parking supply.
(e)
Validity. The validity of any provision of this
subsection shall not affect the validity of any other provision of
this subsection which can be given effect without such invalid provision.
(f)
Effective date. This subsection shall take effect
immediately upon filing with the office of the Secretary of State
as provided in § 27 of the Municipal Home Rule Law of New
York State.
(3)
Industrial uses.
(a)
One space for each 400 square feet of floor
area devoted to manufacture, including printing, publishing, wholesale
business and laundry or dry-cleaning plants.
(b)
One space for each 2,000 square feet of floor
area devoted to storage.
(c)
One space for each 3,000 square feet of area
devoted to outside storage, including equipment rental or sales yards.
(d)
For any industrial use, one space for each company
vehicle in addition to other required spaces.
(4)
Public and semipublic uses.
(a)
For places of public assembly, including churches,
theaters and concert halls, one space for each six seats of seating
capacity.
(b)
For elementary school or day nursery, two spaces
for each classroom.
(c)
For high school or college, five spaces for
each classroom.
(d)
For museum, art gallery, institution or philanthropic
use, one space for each 800 square feet of gross floor area.
(e)
For hospital, sanitarium, nursing or convalescent
home, one space for each two beds.
(f)
For club, one space for each 200 square feet
of gross floor area or one space for each four seats of seating capacity,
whichever is greater.
(6)
Residential uses.
(a)
For one- or two-family dwelling, one space per
dwelling unit.
(b)
For multifamily dwelling, 1.5 spaces per dwelling
unit.
(c)
Customary home occupation or professional office
in a dwelling unit, one space for each 200 square feet devoted to
such customary home occupation or professional office plus the required
space per dwelling unit.
(d)
Boardinghouse, one space for each bedroom.
(7)
For uses not listed herein, as established by the
Planning Board.
B.
Adjustment of parking requirements. Off-street parking
requirements may be adjusted in the following cases:
(1)
Joint use of spaces. In the case of two or more uses
located on the same lot, the sum of the space required for all uses
individually may be reduced to an amount no less than 125% of the
largest number of spaces required by any single use, upon a determination
by the Planning Board that such a reduced amount of parking space
shall be adequate to serve all uses on the lot due to their different
character and hours of operation.
(2)
Preexisting uses. Structures and uses in existence as of the effective date of this chapter shall not be subject to the parking requirements herein. However, if the parking spaces serving such structure or use are less than would be required by this chapter, they shall not be reduced; and, if the structure or use is expanded, additional parking spaces in the appropriate amount required in Subsection A above shall be provided to serve such expanded area.
C.
Dimensions for off-street automobile parking space.
Such space provided shall be at least nine feet wide and 20 feet long,
and every space shall have direct and usable driveway access to a
street or alley with minimum maneuver area between spaces as follows:
(1)
Parallel curb parking. Five feet end to end with twelve-foot
aisle width for one-direction flow and twenty-four-foot aisle width
for two-direction flow.
(2)
Thirty-degree parking. Sixteen-foot aisle width for
one-direction flow and twenty-six-foot aisle width for two-direction
flow.
(3)
Forty-five-degree parking. Sixteen-foot aisle width
for one-direction flow and twenty-six-foot aisle width for two-direction
flow.
(4)
Sixty-degree parking. Twenty-one-foot aisle width
for one-direction flow and twenty-six-foot aisle width for two-direction
flow.
(5)
Perpendicular parking. Twenty-six-foot aisle width
for one-direction and two-direction flow.
D.
Location of required spaces.
(1)
In any residential district, no open or enclosed parking
area shall encroach on any required front yard or required open areas.
Open parking areas may encroach on a required side or rear yard to
within three feet of a property line.
(2)
In business districts or industrial districts, such
spaces shall be provided on the same lot or not more than 400 feet
therefrom.
(3)
No entrance and exit drives connecting the parking
area and the street shall be permitted within 25 feet of the intersection
of two public rights-of-way.
E.
Required off-street truck loading areas.
(1)
For funeral home, one berth for each chapel.
(2)
For hotel and motel and resort hotel, resort lodge
or resort ranch, one berth for floor area in excess of 10,000 square
feet.
(3)
For office, business or commercial use, one berth
for 10,000 square feet to 25,000 square feet of floor area and one
additional berth for each additional 25,000 square feet of floor area.
(4)
For manufacturing or permitted industrial use, one
berth for the first 10,000 square feet of floor area and one additional
berth for each additional 40,000 square feet of floor area.
(5)
For other permitted nonresidential use, one berth
for 10,000 square feet to 25,000 square feet of floor area and one
additional berth for each additional 25,000 square feet of floor area,
unless it can be proven that truck deliveries shall not exceed one
vehicle per day.
F.
Dimensions for off-street loading berths. Each required
loading berth, open or enclosed, shall have the following minimum
dimensions: 35 feet long, 12 feet wide and 14 feet high, except that
berths for funeral homes may be 20 feet long, 10 feet wide and eight
feet high.
G.
Location of required berths. All off-street loading
areas shall be located on the same lot as the use for which they are
permitted or required. Open off-street loading areas shall not encroach
on any required front or side yard, accessway or off-street parking
area, except that in business districts off-street parking areas,
where they exist, may be used for loading or unloading, provided that
such spaces shall not be so used for more than three hours during
the daily period that the establishment is open for business.
H.
Construction of parking areas. Parking areas shall
be paved with an all-weather surface of asphalt or concrete or suitable
oil topping and be suitably drained. The individual spaces shall be
visibly marked with paint or other durable material. Parking areas
to be used at night shall be lighted. All lights shall be shaded or
so directed as not to cause glare on adjoining residential properties
and shall be so directed as not to cause a traffic hazard due to glare
or color.
I.
Landscaping. At least 8% of the area of the lot usable
for off-street parking shall be devoted to landscaping with lawn,
trees, shrubs or other plant material. All loading berths and parking
areas of three or more spaces that abut a residential lot line, and
any parking lot for more than 20 cars, shall be screened by a six-foot-high
solid masonry wall, or compact evergreen hedge or a landscaped strip
of trees and shrubs so designed as to form a visual screen from the
adjoining property. All parking areas and landscaping shall be properly
maintained thereafter in a sightly and well-kept condition.
The Town Board may, after Planning Board review,
public notice and hearing, approve the development of a parcel of
land for light industrial use and establish a special Light Industrial
District for such development to be improved on any A, R-1, B-1 or
B-2 District, subject to the following conditions:
C.
Use regulations.
(2)
Prohibited uses.
(a)
Residential uses, except dwelling of caretakers;
and any and all residential uses existing and permitted prior to the
establishment of such I-1 District, in accordance with this subsection,
shall be allowed to continue as so permitted heretofore.
(b)
Any use, although expressly allowed as a permitted
use, shall be prohibited if the particular application of such use
does not comply with the specified performance standards for a use
in the I-1 District.
D.
Performance standards.
(1)
General standards. The following general standards
are hereby adopted for the control of uses in any Light Industrial
District, and no use shall be permitted, established, maintained or
conducted therein which shall cause:
(a)
Excessive smoke, fumes, gas, odor, dust or any
other atmospheric pollutant beyond the boundaries of the lot whereon
such use is located. Smoke is excessive when the shade or appearance
of such smoke is darker than No. 2 on the Ringlemann Smoke Chart,
published by the United States Bureau of Mines.
(b)
Noise perceptible beyond the boundaries of the
lot occupied by such use causing the same.
(c)
Any pollution by discharge of any waste material
whatsoever into any watercourse, open ditch or land surface.
(d)
Discharge of any waste material whatsoever into
any sanitary disposal system or sewerage system, except only in accordance
with the rules of and under the control of public health authorities
or the public body controlling such sewerage system. Any chemical
or industrial waste which places undue loads, as determined by the
Town Engineer, shall not be discharged into any municipal system and
must be treated by the industrial use.
(e)
Storage or stocking of any waste materials whatsoever,
except in a completely enclosed building.
(f)
Glare or vibration perceptible beyond the lot
lines whereon such use is conducted.
(g)
Hazard to person or property by reason of fire,
explosion, radiation or other cause.
(h)
Any other nuisance harmful to persons or property.
(2)
Specific standards. The following specific standards
are hereby adopted and must be complied with for and by any use in
any Light Industrial District and before the same be permitted, established,
maintained or conducted:
(a)
Storage facilities. Materials, supplies or semifinished
products shall be stored on the rear 1/2 of the property and shall
be screened from any existing or proposed street.
(b)
Loading docks. No loading docks shall be on
any street frontage. Provisions for handling of all freight shall
be on those sides of any building which do not face on any street
or proposed streets.
(c)
Landscaping. It is hereby declared that all
areas of the plot not occupied by buildings, parking, driveways, walkways
or storage shall be landscaped attractively with lawn, trees, shrubs
or other plant material. Such landscaping shall take into consideration
the natural growth presently on the premises and the nature and condition
of the terrain as well as the situation of the lands and premises
themselves and with regard to adjoining lands and premises.
(d)
Fences and walls. Property that is adjacent
to a residential or business district shall be provided, along such
property lines, with a wall, fence, compact evergreen hedge or a landscaped
strip of trees and shrubs so designed as to form a visual screen no
less than six feet high at the time of planting. Except for landscaped
areas and parking areas, a use which is not conducted within a completely
enclosed building shall be screened by a six-foot solid masonry wall,
solid fence or compact evergreen hedge. Where a front yard adjoins
a street, the wall, fence or hedge shall be located no closer to the
street than the depth of the required yard.
(g)
Buffer strip. In addition to the fences and
walls, the entire district must be separated along its outside boundary
from any adjoining residential zones by a buffer strip, suitably landscaped,
at least 100 feet wide and maintained by the industrial use.
(3)
Proper and adequate water supply, sewerage and waste
disposal, other utility services and accessibility to and from public
streets must be provided.
(4)
Special consideration must be given to the traffic
generated by each proposed use in a Light Industrial District and
no undue traffic volumes shall be permitted on residential streets.
Such data is to be submitted with each petition for amendment.
(5)
Consideration shall also be given to the suitability
of property adjacent to the proposed industrial site for industrial
use. It is the development objective to encourage, wherever possible,
groupings of industrial uses.
E.
Area and bulk regulations. Area and bulk requirements
shall be in compliance with those for an I-1 District as set forth
in the Density Control Schedule[1] of this chapter.
[1]
Editor's Note: The Density Control Schedule is included at the end of this chapter.
F.
The Planning Board, upon review of the proposed development,
may prescribe such additional conditions as are, in its opinion, necessary
to secure the objectives of this chapter.
G.
Procedure. Application for rezoning classification
of a site shall be filed, by the owner or several owners jointly or
the holder of a written option to purchase the site, with the Secretary
to the Town Board and shall be accompanied by certified check in an
amount in accord with a fee schedule adopted by the Town Board to
help defray the cost of advertising the hearing on said petition and
incidental disbursements. The applicant shall also submit the following:
(1)
A plan of the site and surrounding areas, drawn to
scale and accurately dimensioned, showing the location of existing
and proposed land use areas, lots, buildings, structures, parking
and loading areas and access roads and streets, community facilities
and topography.
(2)
The use and height of each proposed building or structure,
yard lines, lot coverage and the number of parking spaces in each
proposed parking area and the expected flow of traffic in and out
of the area.
(3)
Any additional data as may be requested by the Planning
Board in order to determine the suitability of the tract for the proposed
development.
(4)
Each application shall be referred to the Planning
Board. Prior to the public hearing, the Planning Board shall report
its recommendations thereon to the Town Board, accompanied by a full
statement of the reasons for such recommendations. If the Planning
Board fails to report within a period of 45 days from the date of
receipt of notice or such longer time as may have been agreed upon
by it and the Town Board, the Town Board may act without such report.
(5)
The Town Board, by a resolution, shall fix the time
and place of the public hearing and cause notice to be given as follows:
(a)
By publishing, not less than 10 days prior to
the date of the public hearing, a notice of the application and the
time and place of the public hearing in a newspaper of general circulation
in the Town of Rosendale, as designated by the Town Board.
(b)
By giving notice of hearing to any required
municipal, county, state or federal agency in the manner prescribed
by law. Upon approval such new district shall become a part of the
regulations established herein, shall be enforced in the same manner
and shall be similarly subject to amendment, except that if construction
of the proposed development is not commenced within one year after
approval of the Town Board, such approval shall be revoked and such
area shall be subject to the requirements of the prior district regulations.
In any district where permitted, a gasoline
filling station shall be subject to the following regulations:
A.
Filling stations shall be permitted only on lots of
12,500 square feet or more, with a one-hundred-foot minimum frontage.
B.
The area for use by motor vehicles, except access
drives thereto, as well as any structures shall not encroach on any
required yard area.
C.
No fuel pump shall be located closer than 20 feet
to any side lot line or closer than 35 feet to any street line, measured
from the outside edge of the fuel island.
D.
No access drive shall be within 200 feet of and on
the same side of the street as a school, public library, theater,
church or other public gathering place, park, playground or fire station,
unless a public street lies between such service station and such
building or use.
E.
All repair work, except emergency repairs, and all
storage shall be within a completely enclosed building which has a
maximum height of 25 feet. Such repair work shall not include any
body repair work or spray painting or car washing which requires mechanical
equipment.
No sign or other device for advertising purpose
of any kind may be erected or established in the Town except and provided
as follows:
A.
Signs in residential districts. No sign or other device
for advertising purposes of any kind may be erected or established
in any residential district except those issued pursuant to this chapter,
as follows:
(1)
Permitted nonresidential uses and legal nonconforming,
nonresidential uses, but not including home occupations or day nurseries,
may display signs pertaining to the use of property, having an aggregate
total face area of not more than 32 square feet and not projecting
more than 24 inches beyond the principal building of such use to which
they are attached; except that where such nonresidential uses are
set back more than 50 feet from the property lines, one additional
sign may be erected in the ground, provided that such ground sign
shall not exceed 15 square feet in total face area, shall not exceed
five feet in height and shall be no nearer than 10 feet to any property
line or road, whichever requires the greater setback. If such freestanding
signs face substantially at right angles to the road and/or display
in more than one direction, they shall have a face area of not more
than eight square feet per side, with no more than two sides.
(2)
Dwellings for five or more families may display nonilluminated
or nonreflective signs identifying the premises, having an aggregate
total face of not more than 12 square feet and not projecting more
than 24 inches beyond the principal building on the lot.
(3)
Any dwelling unit in a detached or attached structure
may display one nameplate or professional sign not exceeding two square
feet in area.
B.
Wall signs in business districts. The total surface
display area of wall signs in any business district shall not exceed
two square feet for each linear foot of building facade facing the
principal frontage of the lot or 100 square feet, whichever is less.
There shall be no more than two signs for each business establishment
housed in the building. Such signs shall not project more than two
feet beyond the principal building on the lot. Such signs shall not
extend more than 20 feet above the ground level or exceed the highest
part of the building housing the business or service advertised, whichever
is less restrictive. "Principal frontage" shall mean the frontage
of the lot adjacent to the principal street in the case of a corner
lot. Where a corner lot faces two principal business streets, only
one such frontage shall be considered the principal frontage. In the
case of a corner lot, such square footage of sign area may be increased
by an additional 0.5 square feet per linear foot of frontage of the
lot on the secondary street, but shall not exceed 25 square feet nor
exceed one sign in number. Such increased sign area shall be used
only for the erection of a flat sign on the length of the building
which faces the secondary street.
C.
Signs in B-1 and B-2 Business Districts and Light
Industrial Districts. Two freestanding signs having an aggregate total
face area of not more than 100 square feet may be displayed for each
establishment, provided that such signs shall be located no nearer
than 10 feet to any property line and provided further that such signs
shall not extend more than 20 feet above the ground level or more
than five feet above the height of the roof of a building at the point
of location of the sign, whichever is less restrictive.
D.
Advertising signs. Hereafter, notwithstanding any
other provisions of this chapter, signs not pertaining to the use,
sale, rent or lease of property on the same lot and signs not representing
construction or subdivision activity as allowed are not permitted
in any district, except that signs for the purpose of directing persons
to a business or establishment may be erected in any district, provided
that such signs shall not exceed four square feet in area per establishment,
shall conform with applicable regulations of the district in which
they are located, shall be grouped on community poles and shall be
approved by the Town Planning Board.
E.
Projecting signs. Signs projecting more than two feet
from the face of a building to which they are attached are prohibited
except on Main Street in the hamlet of Rosendale in the business district
where such signs are permitted subject to the following regulations:
(1)
Each establishment shall be permitted one projecting
sign for each frontage on a public right-of-way. No more than one
sign may be located on each frontage.
(2)
The distance between the faces of projecting signs
shall not exceed six inches, except internally illuminated signs,
which shall not exceed 12 inches.
(3)
Projecting signs shall not exceed an area of 12 square
feet per face and the outer edge of such sign shall not extend more
than 60 inches from the face of the building to which it is applied.
(4)
The bottom edge of a projecting sign shall be no less
than eight feet or more than 15 feet above the ground.
(5)
No part of a projecting sign shall extend within two
feet of the curbline of any public street or right-of-way or into
any access drive intended for use by service or emergency vehicles.
F.
Subdivision signs. Any persons offering lots for sale
in a subdivision may erect nonilluminated, nonreflective directional
signs, having an aggregate total face area of not more than 50 square
feet, within the limits of the subdivision or adjoining property in
the same ownership. The permit for such signs shall be issued for
a period of one year each, following a determination by the Building
Inspector that the signs have been repainted or are in good condition
in each case.
G.
Exemption from above regulations.
(1)
Real estate signs which advertise the sale, rental
or lease of the premises upon which said signs are located and which
have an aggregate total face of not more than six square feet, within
any residential district and business district, or not more than 32
square feet, within any Light Industrial District.
(2)
One professional or business nameplate not exceeding
one square foot in area for one professional or business establishment
where such signs would not otherwise be a permitted use.
(3)
One sign denoting the architect, engineer and/or contractor
when placed on work under construction, and not exceeding 24 square
feet in area.
(4)
Memorial signs or tablets, names of buildings and
dates of erection when cut into any masonry surface or when constructed
of bronze, stainless steel or similar material.
(5)
Traffic or other municipal signs, legal notices and
such temporary, emergency or nonadvertising signs as may be authorized
by the Town Board.
H.
Illuminated signs. Illumination of signs shall not
be of intermittent or varying intensity or produce direct glare beyond
the limits of the side property line. Red, green and amber lights
of such shape and hue that they may be confused with official traffic
lights and signals shall be prohibited. All bare incandescent light
sources and immediately adjacent reflecting surfaces shall be shielded
from view.
I.
Banners. Banners and similar devices are prohibited,
except nonpermanent ones displayed for the occasion of special events
which shall be displayed no longer than for a three-week period.
J.
Posters. Temporary, nonpermanent posters covering
such things as political events, sporting events, shows and elections
shall not be displayed until four weeks prior to the event and must
be removed within two weeks after the event. A performance bond or
other form of surety shall be posted with the Town Clerk in an amount
to be determined by the Town Board to cover the cost of taking down
such temporary, nonpermanent posters.
K.
Removal of certain signs. Any sign now or hereafter
existing which no longer advertises a business conducted or a product
available for purchase by the public on the premises shall be taken
down and removed by the owner, agent or persons having the beneficial
use of the building or structure upon which such sign may be found,
within 10 days after written notification from the Building Inspector.
Upon failure to comply with such notice within the time specified
in such order, the Building Inspector is hereby authorized to cause
removal of such sign. Any expense incident thereto shall be paid by
the owner of the building or structure to which such sign is attached.
L.
Mobile signs. Mobile signs, whether or not mounted on wheels, which are designed and intended to be moved from one location to another are permitted subject to the issuance of a temporary permit by the Building Inspector. The Building Inspector shall not issue such permit if the proposed location of such sign will cause a traffic safety hazard or result in any other adverse effect on the public welfare. Such sign shall comply with all requirements of Subsection H, Illuminated signs, above, at all times. If such mobile sign is located anywhere upon a lot or premises for 15 consecutive days or for any 30 days within the same calendar year, it must comply with all provisions of these regulations for the district in which it is located, as to size, location and construction, as if it were a permanent sign.
M.
Existing nonconforming signs. Any existing sign which, upon inspection, is found to violate the provisions of Subsection H above or to exceed the permitted area or any other quantitative requirement of these regulations by more than 25% shall be deemed a nonconforming sign. A nonconforming sign shall not be physically altered or enlarged. However, such sign may be relettered, painted, decorated or otherwise repaired during the course of normal maintenance. Any such sign once removed for purposes other than relettering, painting, decorating or normal maintenance shall be considered permanently removed and may be replaced only with a sign which conforms to the provisions of these regulations.
A.
Regulations applying to all mobile homes.
(1)
Wherever permitted by these regulations, whether by
right or subject to a special use permit, a single mobile home shall
comply with all area, bulk and parking requirements as apply to a
one-family dwelling in the same district. A single mobile home is
any such home not located in an approved mobile home park.
(2)
Mobile homes, other than Type 1, Type 2, and Type
3 as defined herein, are prohibited in any zoning district in the
Town of Rosendale.
(3)
All mobile homes shall have a permanent supply of
potable water and sewage disposal system in accordance with the requirements
of the Ulster County Health Department.
(4)
Distribution systems for electricity, gas, telephone
and fuel oil service to mobile homes shall be installed and maintained
in accordance with all applicable state and local regulations.
B.
Regulations applying to Type 1 and Type 2 mobile homes.
(1)
Foundation. All mobile homes shall have the wheels
or skids removed and shall be set upon a permanent foundation within
60 days of placement on the site. The foundation shall consist of
either an eight-inch-wide wall, piers or columns extending at least
36 inches below ground level, or a four-inch-thick slab with a perimeter
footing of at least 10 inches. The foundation shall be in contact
with and support the mobile home structural frame at such number of
points and at such intervals as required to provide adequate, rigid
support.
(2)
Anchoring. The structural frame of the mobile home
shall be attached to the foundation in not less than four places,
in such locations and by such devices as to ensure the stability of
the mobile home.
(3)
Perimeter skirting. The open area, if any, between
the bottom of the mobile home and the top of the foundation shall
be enclosed by a skirt extending around the full perimeter of the
mobile home. Such skirt shall be constructed of a weather- and fire-resistant
wood, masonry or metal, securely fastened to the mobile home and its
foundation and shall extend from the side wall of the mobile home
to the adjacent ground at all points.
C.
Regulations applying to Type 3 mobile homes. Notwithstanding
any other provisions herein, a Type 3 mobile home may remain on the
premises on which it was originally established subject only to conditions
previously imposed as part of such establishment.
D.
Replacement of existing mobile homes.
(1)
Any mobile home legally established as of August 10, 1983 (i.e., a Type 3 mobile home), may be replace with another mobile home on the same premises, except as limited in Subsection D(2) below. However, such replacement shall only be a Type 1 or Type 2 mobile home subject to the standards and regulations of Subsections A and B above.
(2)
If such mobile home is located in a district in which
mobile homes are not otherwise permitted, any replacement of such
home must be installed within 90 days of removal of the original mobile
home or the right to replace it shall expire. However, upon written
notice to the Building Inspector, an additional 90 days shall be allowed
during which such mobile home may be replaced.
E.
Mobile home (trailer) parks.
(1)
Park size and capacity. Each mobile home (trailer)
park shall have a minimum area of 175,000 square feet.
(2)
Minimum lot size.
(a)
In the A-1 District, no mobile home (trailer)
lot shall be less than 7,500 square feet in area and have less than
60 feet of frontage on an access road.
(b)
In the R-2a District, no mobile home (trailer)
lot shall be less than 5,000 square feet in area and have less than
50 feet of frontage on an access road.
(3)
Clearances. Mobile homes (trailers) shall be located
on the lot with the following minimum clearances. There shall be a
minimum distance of 30 feet between mobile homes (trailers), a minimum
setback of 50 feet from a public street and a minimum setback of 50
feet from any adjacent property line. In computing these clearances,
lean-tos, auxiliary rooms and similar accessories connected to the
mobile home (trailer), but not including temporary porches and canopies
which are open on two or more sides, shall be considered as part of
the mobile home (trailer).
(4)
Automobile parking. There shall be at least one off-street
parking space for each mobile home (trailer) within the mobile home
(trailer) lot or within 50 feet of the mobile home (trailer). In addition,
there shall be one off-street parking space for each five mobile homes
(trailers) within the park located throughout the park at places of
public congregation.
(5)
Parking bay. Each off-street parking space shall be
at least nine feet wide and at least 20 feet long and shall have convenient
and ready access to a roadway.
(6)
Recreation area. A usable area set aside exclusively
for recreation shall be provided within the mobile home (trailer)
park and shall be equal in area to 200 square feet for each mobile
home (trailer) lot in the park.
(7)
Screening. Each mobile home (trailer) park containing
50 or more units shall have at least two entrances and shall have
a landscaped area at least 20 feet wide along exterior lot lines and
street frontages, suitably planted and maintained to provide visual
screening from adjacent properties.
No burial or memorial plats or buildings shall
be located closer than 50 feet to any residential lot line, except
that when a dense evergreen hedge, wall or landscaped strip at least
six feet in height and providing complete visual screening from all
adjacent residential property is provided, burial or memorial plats
less than six feet in height may be located no closer than 20 feet
to any residential lot line. Crematories shall be located only in
cemeteries.
No person shall undertake to construct any new
building or structure in the Town of Rosendale without first meeting
the requirements for a system or facilities for the separate disposal
of waterborne sewage and domestic or trade wastes in accordance with
applicable regulations of the Town, Ulster County Department of Health
and other governmental authorities.
In order to promote the health and general welfare
of the community and to preserve and make available open space, the
Town Planning Board may grant a developer the right to vary the residential
density within a tract to be developed, but not maintained, under
single ownership, leaving a substantial area free of building lots.
The right to vary the density shall be subject to the following conditions:
A.
The proposed residential development must create an attractive residential environment, produce a total average density as specified in § 75-11, provide aggregate open space to be no less than that required in the district in which it is located, have population density which will offer no adverse influence, guarantee permanent retention of open areas and ensure care and maintenance of open space.
B.
Development must start within one year of the date
of approval and be completed within a reasonable time; it must be
consistent to the spirit and intent of the chapter.
(1)
Single-family detached houses.
(a)
Single-family detached houses may be grouped
in clusters on minimum lot areas per dwelling unit, minimum lot widths
and minimum front yards as follows:
|
District
|
Minimum Lot Size
(square feet)
|
Minimum Lot Width
(feet)
|
Minimum Front Yard
(feet)
| |
|---|---|---|---|---|
|
A
|
30,000
|
125
|
50
| |
|
R-1
|
15,000
|
80
|
30
| |
|
R-2 and R-2a
|
7,500
|
60
|
25
|
(b)
All other yard requirements, maximum coverage
and maximum height requirements, as specified on the Density Control
Schedule,[1] for the district on which located shall be complied with.
[1]
Editor's Note: The Density Control Schedule is included at the end of this chapter.
(2)
Special designs. In cases where a developer has designed special groups of dwellings and garages, the Planning Board, after inspecting plans and elevations, may approve smaller minimum lot areas other than those in Subsection B(1)(a) above, provided that the sanitary systems are approved by the County Health Department, that the average density does not exceed that permitted within the zoning district in which the land occurs or that the layout is not detrimental to the health and general welfare of the community.
(3)
Townhouse developments. In R-1, R-2, R-2a and R-3
Districts, townhouses (attached one-family dwellings) shall be permitted,
provided that there are no more than eight townhouse units in any
contiguous group and that the overall maximum density and maximum
lot coverage for the district in which located shall be met; however,
lot dimensions may be reduced as follows:
(a)
The minimum lot size shall not be less than
2,000 square feet, with a minimum width of 20 feet; minimum rear yard,
front yard and side yards at the end of the total structure shall
be 25 feet.
(b)
For each square foot of land gained within a
residential subdivision through the reduction of lot size below the
required minimum lot area per dwelling unit requirements, as set forth
in the chapter, equal amounts of land shall be preserved and maintained
as open land, and the development rights thereto shall be conveyed
to the Town of Rosendale for as long as these structures shall exist.
(c)
The balance of the land not contained in the
lots or the road right-of-way, if provided, shall be contiguous and
of such size and shape as to be usable for recreation or agriculture.
Such land shall be held in corporate ownership by the owners of lots
within the development, and the developer shall incorporate into the
deeds of all property within the development a clause giving to the
owners an interest in such open land which shall be used for recreational
or agricultural purposes only. No structure, save those incidental
to the recreational or agricultural use, shall be permitted thereon.
(d)
Open land shall be a minimum of three acres
and shall be subject to taxation unless it is deeded to the Town.
In the case of such tracts of five or more acres, the developer may
petition to the Town to take over the land to be used in perpetuity
as open space.
[Amended 8-12-2009 by L.L. No. 4-2009[1]]
A.
Authorization and purpose.
(1)
Findings. The Town Board of the Town of Rosendale finds that the
potential and/or actual damages from flooding and erosion may be a
problem to the residents of the Town of Rosendale and that such damages
may include: destruction or loss of private and public housing, damage
to public facilities, both publicly and privately owned, and injury
to and loss of human life. In order to minimize the threat of such
damages and to achieve the purposes and objectives hereinafter set
forth, this section is adopted.
(2)
Statement of purpose. It is the purpose of this section to promote
the public health, safety, and general welfare and to minimize public
and private losses due to flood conditions in specific areas by provisions
designed to:
(a)
Regulate uses which are dangerous to health, safety and property
due to water or erosion hazards or which result in damaging increases
in erosion or in flood heights or velocities;
(b)
Require that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at the time
of initial construction;
(c)
Control the alteration of natural floodplains, stream channels,
and natural protective barriers which are involved in the accommodation
of floodwaters;
(d)
Control filling, grading, dredging and other development which
may increase erosion or flood damages;
(e)
Regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards to other lands;
and
(f)
Qualify for and maintain participation in the National Flood
Insurance Program.
(3)
Objectives. The objectives of this section are:
(a)
To protect human life and health;
(b)
To minimize expenditure of public money for costly flood-control
projects;
(c)
To minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the general
public;
(d)
To minimize prolonged business interruptions;
(e)
To minimize damage to public facilities and utilities, such
as water and gas mains, electric, telephone, sewer lines, streets
and bridges located in areas of special flood hazard;
(f)
To help maintain a stable tax base by providing for the sound
use and development of areas of special flood hazard so as to minimize
future flood blight areas;
(g)
To provide that developers are notified that property is in
an area of special flood hazard; and
(h)
To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
B.
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASEMENT
BUILDING
CELLAR
CRAWL SPACE
CRITICAL FACILITIES
(1)
(2)
(3)
(4)
DEVELOPMENT
ELEVATED BUILDING
FEDERAL EMERGENCY MANAGEMENT AGENCY
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
FLOOD ELEVATION STUDY
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOOD or FLOODING
(1)
(2)
FLOODPLAIN or FLOOD-PRONE AREA
FLOODPROOFING
FLOODWAY
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOCAL ADMINISTRATOR
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MEAN SEA LEVEL
MOBILE HOME
NEW CONSTRUCTION
ONE-HUNDRED-YEAR FLOOD or 100-YEAR FLOOD
PRINCIPALLY ABOVE GROUND
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOODWAY
START OF CONSTRUCTION
(1)
(2)
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VARIANCE
Definitions. Unless specifically defined below, words or phrases
used in this section shall be interpreted so as to give them the meanings
they have in common usage and to give this section its most reasonable
application.
A request for a review of the local administrator's interpretation
of any provision of this section or a request for a variance.
A designated AO, AH or VO Zone on a community's Flood Insurance
Rate Map (FIRM), with a one-percent or greater annual chance of flooding
to an average annual depth of one to three feet, where a clearly defined
channel does not exist, where the path of flooding is unpredictable,
and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year. This
area may be designated as Zone A, AE, AH, AO, A1-A30, A99, V, VO,
VE, or V1-V30. It is also commonly referred to as the "base floodplain"
or "one-hundred-year floodplain." For purposes of this section, the
term "special flood hazard area (SFHA)" is synonymous in meaning with
the phrase "area of special flood hazard."
The flood having a one-percent chance of being equaled or
exceeded in any given year.
That portion of a building having its floor subgrade (below
ground level) on all sides.
See "structure."
Has the same meaning as "basement."
An enclosed area beneath the lowest elevated floor, 18 inches
or more in height, which is used to service the underside of the lowest
elevated floor. The elevation of the floor of this enclosed area,
which may be of soil, gravel, concrete or other material, must be
equal to or above the lowest adjacent exterior grade. The enclosed
crawl space area shall be properly vented to allow for the equalization
of hydrostatic forces which would be experienced during periods of
flooding.
Structures or facilities that produce, use or store highly volatile,
flammable, explosive, toxic and/or water-reactive materials;
Hospitals or nursing homes likely to contain occupants who may
not be sufficiently mobile to avoid death or injury during a flood;
Police and fire stations, and related vehicle and equipment
storage facilities, and emergency operations centers that are needed
for flood response activities before, during, and after a flood; and
Public and private utility facilities that are vital to maintaining
or restoring normal services to flooded areas before, during, and
after a flood.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, paving, excavation or drilling operations or storage
of equipment or materials.
A nonbasement building (1) built, in the case of a building
in Zone A1-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top
of the elevated floor or, in the case of a building in Zone V1-30,
VE, or V, to have the bottom of the lowest horizontal structural member
of the elevated floor, elevated above the ground level by means of
pilings, columns (posts and piers), or shear walls parallel to the
flow of the water; and (2) adequately anchored so as not to impair
the structural integrity of the building during a flood of up to the
magnitude of the base flood. In the case of Zone A1-A30, AE, A, A99,
AO, AH, B, C, X, or D, "elevated building" also includes a building
elevated by means of fill or solid foundation perimeter walls with
openings sufficient to facilitate the unimpeded movement of floodwaters.
In the case of Zone V1-V30, VE, or V, "elevated building" also includes
a building otherwise meeting the definition of "elevated building"
even though the lower area is enclosed by means of breakaway walls
that meet the federal standards.
The federal agency that administers the National Flood Insurance
Program.
An official map of the community published by the Federal
Emergency Management Agency as part of a riverine community's Flood
Insurance Study. The FBFM delineates a regulatory floodway along watercourses
studied in detail in the Flood Insurance Study.
An examination, evaluation and determination of the flood
hazards and, if appropriate, corresponding water surface elevations,
or an examination, evaluation and determination of flood-related erosion
hazards.
An official map of a community, issued by the Federal Emergency
Management Agency, where the boundaries of the areas of special flood
hazard have been designated as Zone A but no flood elevations are
provided.
An official map of a community on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazard
and the risk premium zones applicable to the community.
See "flood elevation study."
"Flood" or "flooding" also means the collapse or subsidence
of land along the shore of a lake or other body of water as a result
of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high
water level in a natural body of water, accompanied by a severe storm,
or by an unanticipated force of nature, such as a flash flood or an
abnormal tidal surge, or by some similarly unusual and unforeseeable
event which results in flooding as defined in Subsection B(1) above.
Any land area susceptible to being inundated by water from
any source (see definition of "flood or flooding").
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
Has the same meaning as "regulatory floodway."
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water, such as a docking
or port facility necessary for the loading and unloading of cargo
or passengers, shipbuilding, and ship repair facilities. The term
does not include long-term storage, manufacturing, sales, or service
facilities.
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
Any structure that is:
Listed individually on the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The person appointed by the community to administer and implement
this section by granting or denying development permits in accordance
with its provisions. This person is often the Building Inspector,
Code Enforcement Officer, or employee of an Engineering Department.
The lowest floor of the lowest enclosed area (including basement
or cellar). An unfinished or flood-resistant enclosure, usable solely
for parking of vehicles, building access, or storage in an area other
than a basement area, is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure
in violation of the applicable nonelevation design requirements of
this section.
A structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities. The
term does not include a recreational vehicle.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929, the North American
Vertical Datum of 1988 (NAVD 88), or other datum, to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
Has the same meaning as "manufactured home."
Structures for which the start of construction commenced
on or after the effective date of a floodplain management regulation
adopted by the community, and includes any subsequent improvements
to such structure.
Has the same meaning as "base flood."
At least 51% of the actual cash value of the structure, excluding
land value, is above ground.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Not designed primarily for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in § 75-27D(4)(b).
The date of permit issuance for new construction and substantial
improvements to existing structures, provided that the actual start
of construction, repair, reconstruction, rehabilitation, addition
placement, or other improvement is within 180 days after the date
of issuance. The "actual start of construction" means the first placement
of permanent construction of a building (including a manufactured
home) on a site, such as the pouring of a slab or footings, installation
of pilings or construction of columns.
Permanent construction does not include land preparation (such
as clearing, excavation, grading, or filling), or the installation
of streets or walkways, or excavation for a basement, footings, piers
or foundations, or the erection of temporary forms, or the installation
of accessory buildings such as garages or sheds not occupied as dwelling
units or not part of the main building. For a substantial improvement,
the actual "start of construction" means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
A walled and roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured
home.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred. Substantial damage also means flood-related damages
sustained by a structure on two separate occasions during a ten-year
period for which the cost of repairs at the time of such flood event,
on the average, equals or exceeds 25% of the market value of the structure
before the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
The term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
A grant of relief from the requirements of this section which
permits construction or use in a manner that would otherwise be prohibited
by this section.
C.
General provisions.
(1)
Applicability. This section shall apply to all areas of special flood
hazard within the jurisdiction of the Town of Rosendale, Ulster County.
(2)
Basis for establishing the areas of special flood hazard.
(a)
The areas of special flood hazard for the Town of Rosendale,
Community Number 360862, are identified and defined on the following
documents prepared by the Federal Emergency Management Agency:
[1]
Flood Insurance Rate Map Panel Numbers 36111C0465E, 36111C0470E,
36111C0585E, 36111C0605E, 36111C0610E, 36111C0615E, and 36111C0620E,
whose effective date is September 25, 2009, and any subsequent revisions
to these map panels that do not affect areas under our community's
jurisdiction.
[2]
A scientific and engineering report entitled "Flood Insurance
Study, Ulster County, New York, All Jurisdictions," dated September
25, 2009.
(b)
The above documents are hereby adopted and declared to be a
part of this section. The Flood Insurance Study and/or maps are on
file at the offices of the Town Clerk and the Town Building Inspector
of the Town of Rosendale at 424 Main Street, Rosendale, New York,
12472.
(3)
Interpretation and conflict with other laws. This section includes
all revisions to the National Flood Insurance Program through October
27, 1997, and shall supersede all previous laws adopted for the purpose
of flood damage prevention. In their interpretation and application,
the provisions of this section shall be held to be minimum requirements,
adopted for the promotion of the public health, safety, and welfare.
Whenever the requirements of this section are at variance with the
requirements of any other lawfully adopted rules, regulations, ordinances,
or local laws, the most restrictive, or that imposing the higher standards,
shall govern.
(4)
Severability. The invalidity of any subsection or provision of this
section shall not invalidate any other subsection or provision thereof.
(5)
Penalties for noncompliance. No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compliance with the terms of this section and any other applicable regulations. Any infraction of the provisions of this section by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this section or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Rosendale from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this section for which the developer and/or owner has not applied for and received an approved variance under § 75-27F and G will be declared noncompliant, and notification will be sent to the Federal Emergency Management Agency.
(6)
Warning and disclaimer of liability. The degree of flood protection
required by this section is considered reasonable for regulatory purposes
and is based on scientific and engineering considerations. Larger
floods can and will occur on rare occasions. Flood heights may be
increased by man-made or natural causes. This section does not imply
that land outside the areas of special flood hazard or uses permitted
within such areas will be free from flooding or flood damages. This
section shall not create liability on the part of the Town of Rosendale,
any officer or employee thereof, or the Federal Emergency Management
Agency for any flood damages that result from reliance on this section
or any administrative decision lawfully made thereunder.
D.
Administration.
(1)
Designation of the local administrator. The Building Inspector is
hereby appointed local administrator to administer and implement this
section by granting or denying floodplain development permits in accordance
with its provisions.
(2)
Floodplain development permit.
(a)
Purpose. A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and ensuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in § 75-27C(2), without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the local administrator and may include, but not be limited to, plans, in duplicate, drawn to scale, and showing: the nature, location, dimensions, and elevations of the area in question; existing or proposed structures; fill; storage of materials; drainage facilities; and the location of the foregoing.
(b)
Fees. All applications for a floodplain development permit shall
be accompanied by an application fee in accord with the schedule of
fees adopted and amended by the Town Board. In addition, the applicant
shall be responsible for reimbursing the Town of Rosendale for any
additional costs necessary for review, inspection and approval of
this project. The local administrator may require a deposit of no
more than $500 to cover these additional costs.
(3)
Application for a permit. The applicant shall provide the following
information, as appropriate. Additional information may be required
on the permit application form.
(a)
The proposed elevation, in relation to mean sea level, of the
lowest floor (including basement or cellar) of any new or substantially
improved structure to be located in Zone A1-A30, AE or AH, or Zone
A if base flood elevation data are available. Upon completion of the
lowest floor, the permittee shall submit to the local administrator
the as-built elevation, certified by a licensed professional engineer
or surveyor.
(b)
The proposed elevation, in relation to mean sea level, to which
any new or substantially improved nonresidential structure will be
floodproofed. Upon completion of the floodproofed portion of the structure,
the permittee shall submit to the local administrator the as-built
floodproofed elevation, certified by a professional engineer or surveyor.
(c)
A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 75-27E(2)(c), Utilities.
(d)
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 75-27E(4), Nonresidential structures.
(e)
A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in § 75-27C(2), when notified by the local administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained.
(f)
A technical analysis, by a licensed professional engineer, if
required by the local administrator, which shows whether proposed
development to be located in an area of special flood hazard may result
in physical damage to any other property.
(g)
In Zone A, when no base flood elevation data are available from
other sources, base flood elevation data shall be provided by the
permit applicant for subdivision proposals and other proposed developments
(including proposals for manufactured home and recreational vehicle
parks and subdivisions) that are greater than either 50 lots or five
acres.
(4)
Duties and responsibilities of the local administrator. Duties of
the local administrator shall include but not be limited to the following:
(a)
Permit application review. The local administrator shall conduct
the following permit application review before issuing a floodplain
development permit:
[1]
Review all applications for completeness, particularly with the requirements of § 75-27D(3), Application for a permit, and for compliance with the provisions and standards of this section.
[2]
Review subdivision and other proposed new development, including manufactured home parks, to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of § 75-27E, Construction standards, and, in particular, § 75-27E(1)(a), Subdivision proposals.
[3]
Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The local administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of § 75-27E, Construction standards, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and resubmit the application.
[4]
Determine that all necessary permits have been received from
those governmental agencies from which approval is required by state
or federal law.
(b)
Use of other flood data.
[1]
When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate Map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the local administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to § 75-27D(3)(g), as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this section.
[2]
When base flood elevation data are not available, the local
administrator may use flood information from any other authoritative
source, such as historical data, to establish flood elevations within
the areas of special flood hazard, for the purposes of this section.
(c)
Alteration of watercourses. The local administrator shall be
responsible for:
[1]
Notification to adjacent communities and the New York State
Department of Environmental Conservation prior to permitting any alteration
or relocation of a watercourse and submittal of evidence of such notification
to the Regional Director, Region II, Federal Emergency Management
Agency.
[2]
Determining that the permit holder has provided for maintenance
within the altered or relocated portion of said watercourse so that
the flood-carrying capacity is not diminished.
(d)
Construction stage.
[1]
In Zones A1-A30, AE and AH, and also Zone A if base flood elevation
data are available, upon placement of the lowest floor or completion
of floodproofing of a new or substantially improved structure, the
local administrator shall obtain from the permit holder a certification
of the as-built elevation of the lowest floor or floodproofed elevation
in relation to mean sea level. The certificate shall be prepared by
or under the direct supervision of a licensed land surveyor or professional
engineer and be certified by same. For manufactured homes, the permit
holder shall submit the certificate of elevation upon placement of
the structure on the site. A certificate of elevation must also be
submitted for a recreational vehicle if it remains on a site for 180
consecutive days or longer (unless it is fully licensed and ready
for highway use).
[2]
Any further work undertaken prior to submission and approval
of the certification shall be at the permit holder's risk. The local
administrator shall review all data submitted. Deficiencies detected
shall be cause to issue a stop-work order for the project unless immediately
corrected.
(e)
Inspections. The local administrator and/or the developer's
engineer or architect shall make periodic inspections at appropriate
times throughout the period of construction in order to monitor compliance
with permit conditions and enable said inspector to certify, if requested,
that the development is in compliance with the requirements of the
floodplain development permit and/or any variance provisions.
(f)
Stop-work orders.
[1]
The local administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found ongoing without a development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 75-27C(5) of this section.
[2]
The local administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found noncompliant with the provisions of this section and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 75-27C(5) of this section.
(g)
Certificates of compliance.
[1]
In areas of special flood hazard, as determined by documents enumerated in § 75-27C(2), it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure, until a certificate of compliance has been issued by the local administrator stating that the building or land conforms to the requirements of this section.
[2]
A certificate of compliance shall be issued by the local administrator
upon satisfactory completion of all development in areas of special
flood hazard.
[3]
Issuance of the certificate shall be based upon the inspections conducted as prescribed in § 75-27D(4)(e), Inspections, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit.
(h)
Information to be retained. The local administrator shall retain
and make available for inspection copies of the following:
[1]
Floodplain development permits and certificates of compliance;
[2]
Certifications of as-built lowest floor elevations of structures, required pursuant to § 75-27D(4)(d)[1] and , and whether or not the structures contain a basement;
[3]
Floodproofing certificates required pursuant to § 75-27D(4)(d)[1], and whether or not the structures contain a basement;
[5]
Notices required under § 75-27D(4)(c), Alteration of watercourses.
E.
Construction standards.
(1)
General standards. The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in § 75-27C(2).
(a)
The following standards apply to all new subdivision proposals
and other proposed development in areas of special flood hazard (including
proposals for manufactured home and recreational vehicle parks and
subdivisions):
[1]
Proposals shall be consistent with the need to minimize flood
damage;
[2]
Public utilities and facilities, such as sewer, gas, electrical
and water systems, shall be located and constructed so as to minimize
flood damage; and
[3]
Adequate drainage shall be provided to reduce exposure to flood
damage.
(b)
Encroachments.
[1]
Within Zones A1-A30 and AE, on streams without a regulatory
floodway, no new construction, substantial improvements or other development
(including fill) shall be permitted unless:
[a]
The applicant demonstrates that the cumulative effect of the
proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the
base flood more than one foot at any location; or
[b]
The Town of Rosendale agrees to apply to the Federal Emergency
Management Agency (FEMA) for a conditional FIRM revision, FEMA approval
is received, and the applicant provides all necessary data, analyses
and mapping and reimburses the Town of Rosendale for all fees and
other costs in relation to the application. The applicant must also
provide all data, analyses and mapping and reimburse the Town of Rosendale
for all costs related to the final map revision.
[2]
On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 75-27C(2), no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless:
[a]
A technical evaluation by a licensed professional engineer shows
that such an encroachment shall not result in any increase in flood
levels during occurrence of the base flood; or
[b]
The Town of Rosendale agrees to apply to the Federal Emergency
Management Agency (FEMA) for a conditional FIRM and floodway revision,
FEMA approval is received, and the applicant provides all necessary
data, analyses and mapping and reimburses the Town of Rosendale for
all fees and other costs in relation to the application. The applicant
must also provide all data, analyses and mapping and reimburse the
Town of Rosendale for all costs related to the final map revisions.
[3]
Whenever any portion of a floodplain is authorized for new development,
the volume of space occupied by the authorized fill or structure below
the base flood elevation shall be compensated for and balanced by
a hydraulically equivalent volume of excavation taken from below the
base flood elevation at or adjacent to the development site. All such
excavations shall be constructed to drain freely to the watercourse.
No area below the waterline of a pond or other body of water can be
credited as a compensating excavation.
(2)
Standards for all structures.
(a)
Anchoring. New structures and substantial improvement to structures
in areas of special flood hazard shall be anchored to prevent flotation,
collapse, or lateral movement during the base flood. This requirement
is in addition to applicable state and local anchoring requirements
for resisting wind forces.
(b)
Construction materials and methods.
[1]
New construction and substantial improvements to structures
shall be constructed with materials and utility equipment resistant
to flood damage.
[2]
New construction and substantial improvements to structures
shall be constructed using methods and practices that minimize flood
damage.
[3]
For enclosed areas below the lowest floor of a structure within
Zone A1-A30, AE or AH, and also Zone A if base flood elevation data
are available, new and substantially improved structures shall have
fully enclosed areas below the lowest floor that are usable solely
for parking of vehicles, building access or storage in an area other
than a basement, and which are subject to flooding, designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwaters. Designs for meeting this requirement
must either be certified by a licensed professional engineer or architect
or meet or exceed the following minimum criteria:
[a]
A minimum of two openings having a total net area of not less
than one square inch for every square foot of enclosed area subject
to flooding shall be provided; and
[b]
The bottom of all such openings shall be no higher than one
foot above the lowest adjacent finished grade.
[c]
Openings may be equipped with louvers, valves,
screens or other coverings or devices, provided they permit the automatic
entry and exit of floodwaters. Enclosed areas subgrade on all sides
are considered basements and are not permitted.
(c)
Utilities.
[1]
New and replacement electrical equipment, heating, ventilating,
air-conditioning, plumbing connections, and other service equipment
shall be located at least two feet above the base flood elevation
or be designed to prevent water from entering and accumulating within
the components during a flood and to resist hydrostatic and hydrodynamic
loads and stresses. Electrical wiring and outlets, switches, junction
boxes and panels shall be elevated to or above the base flood elevation
unless they conform to the appropriate provisions of the electrical
part of the Building Code of New York State or the Residential Code
of New York State for location of such items in wet locations.
[2]
New and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system.
[3]
New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of floodwaters. Sanitary sewer
and storm drainage systems for buildings that have openings below
the base flood elevation shall be provided with automatic backflow
valves or other automatic backflow devices that are installed in each
discharge line passing through a building's exterior wall.
[4]
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
(3)
Residential structures. The following elevation standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in § 75-27E(1)(a), Subdivision proposals, and § 75-27E(1)(b), Encroachments, and § 75-27E(2), Standards for all structures:
(a)
Within Zones A1-A30, AE and AH, and also Zone A if base flood
elevation data are available, new construction and substantial improvements
shall have the lowest floor (including basement) elevated to or above
two feet above the base flood elevation.
(b)
Within Zone A, when no base flood elevation data are available,
new and substantially improved structures shall have the lowest floor
(including basement) elevated at least three feet above the highest
adjacent grade.
(c)
Within Zone AO, new and substantially improved structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in § 75-27C(2) (at least two feet if no depth number is specified).
(d)
Within Zones AH and AO, adequate drainage paths are required
to guide floodwaters around and away from proposed structures on slopes.
(4)
Nonresidential structures. The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures located in areas of special flood hazard, in addition to the requirements in § 75-27E(1)(a), Subdivision proposals, and § 75-27E(1)(b), Encroachments, and § 75-27E(2), Standards for all structures:
(a)
Within Zones A1-A30, AE and AH, and also Zone A if base flood
elevation data are available, new construction and substantial improvements
of any nonresidential structure, together with attendant utility and
sanitary facilities, shall either:
[1]
Have the lowest floor, including basement or cellar, elevated
to or above two feet above the base flood elevation; or
[2]
Be floodproofed so that the structure is watertight below two
feet above the base flood elevation with walls substantially impermeable
to the passage of water. All structural components located below the
base flood level must be capable of resisting hydrostatic and hydrodynamic
loads and the effects of buoyancy.
(b)
Within Zone AO, new construction and substantial improvements
of nonresidential structures shall:
[1]
Have the lowest floor (including basement) elevated above the
highest adjacent grade at least as high as two feet above the depth
number specified in feet on the community's FIRM (at least two feet
if no depth number is specified); or
[2]
Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in § 75-27E(4)(a)[2].
(c)
If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction. A floodproofing certificate or other certification shall be provided to the local administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of § 75-27E(4)(a)[2], including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.
(d)
Within Zones AH and AO, adequate drainage paths are required
to guide floodwaters around and away from proposed structures on slopes.
(e)
Within Zone A, when no base flood elevation data are available,
the lowest floor (including basement) shall be elevated at least three
feet above the highest adjacent grade.
(5)
Manufactured homes and recreational vehicles. The following standards, in addition to the standards in § 75-27E(1), General standards, and § 75-27E(2), Standards for all structures, apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard:
(a)
(b)
A manufactured home that is placed or substantially improved
in Zones A1-A30, AE and AH shall be elevated on a permanent foundation
such that the lowest floor is elevated to or above two feet above
the base flood elevation and is securely anchored to an adequately
anchored foundation system to resist flotation, collapse and lateral
movement.
(c)
Within Zone A, when no base flood elevation data are available,
new and substantially improved manufactured homes shall be elevated
such that the manufactured home chassis is supported by reinforced
piers or other foundation elements of at least equivalent strength
that are no less than 36 inches in height above grade and are securely
anchored to an adequately anchored foundation system to resist flotation,
collapse or lateral movement.
(6)
Critical facilities. In order to prevent potential flood damage to
certain facilities that would result in serious danger to life and
health, or widespread social or economic dislocation, no new critical
facility shall be located within any area of special flood hazard,
or within any five-hundred-year flood zone shown as a B Zone or a
Shaded X Zone on the Community's Flood Insurance Rate Maps.
F.
Appeals.
(1)
The Zoning Board of Appeals as established by the Town of Rosendale
shall hear and decide appeals and requests for variances from the
requirements of this section.
(2)
The Zoning Board of Appeals shall hear and decide appeals when it
is alleged there is an error in any requirement, decision, or determination
made by the local administrator in the enforcement or administration
of this section.
(3)
Those aggrieved by the decision of the Zoning Board of Appeals may
appeal such decision to the Supreme Court pursuant to Article 78 of
the Civil Practice Law and Rules.
(4)
In passing upon such applications, the Zoning Board of Appeals shall
consider all technical evaluations, all relevant factors, standards
specified in other subsections of this section and:
(a)
The danger that materials may be swept onto other lands to the
injury of others;
(b)
The danger to life and property due to flooding or erosion damage;
(c)
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owner;
(d)
The importance of the services provided by the proposed facility
to the community;
(e)
The necessity to the facility of a waterfront location, where
applicable;
(f)
The availability of alternative locations for the proposed use
which are not subject to flooding or erosion damage;
(g)
The compatibility of the proposed use with existing and anticipated
development;
(h)
The relationship of the proposed use to the Comprehensive Plan
and floodplain management program of that area;
(i)
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(j)
The costs to local governments and the dangers associated with
conducting search and rescue operations during periods of flooding;
(k)
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site; and
(l)
The costs of providing governmental services during and after
flood conditions, including search and rescue operations, maintenance
and repair of public utilities and facilities such as sewer, gas,
electrical, and water systems, and streets and bridges.
(5)
Upon consideration of the factors of § 75-27F(4) and the purposes of this section, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.
(6)
The local administrator shall maintain the records of all appeal
actions, including technical information, and report any variances
to the Federal Emergency Management Agency upon request.
G.
Variances. The Zoning Board of Appeals as established by the Town
of Rosendale may issue variances from the requirements of this section,
subject to the following conditions:
(1)
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items in § 75-27F(4) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(2)
Variances may be issued for the repair or rehabilitation of historic
structures upon determination that:
(3)
Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of
a functionally dependent use, provided that:
(4)
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
(5)
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
(6)
Variances shall only be issued upon receiving written justification
of:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant the variance would result
in exceptional hardship to the applicant; and
(c)
A determination that the granting of a variance will not result
in increased flood heights, additional threats to public safety, or
extraordinary public expense, create nuisances, cause fraud on or
victimization of the public or conflict with existing local laws or
ordinances.
(7)
Notification.
(a)
Any applicant to whom a variance is granted for a building with
the lowest floor below the base flood elevation shall be given written
notice, over the signature of a community official, that:
(b)
Such notification shall be maintained with the record of all variance actions as required in § 75-27D(4)(h).
[1]
Editor's Note: This ordinance also provided for the repeal
of former Attachment 3, Riverine Setting, Areas of Special Flood Hazard,
and Attachment 4, Special Flood Hazard Area, Typical Cross Section,
which were included at the end of this chapter. New Attachment A,
Model Floodplain Development Application Form, and Attachment B, Sample
Certificate of Compliance, which were included at the end of this
ordinance, are on file in the office of the Town Clerk or Building
Department.
A.
General provisions. Conditional uses are hereby declared
to possess characteristics which require that each specific use shall
be considered an individual use. Any use for which a special use permit
is granted by the Planning Board shall be deemed a use permitted in
the district in which located, except that for any addition or enlargement
of such use, a separate special use permit shall be required for each
addition or enlargement. A conditional use must be in conformity with
the provisions of this chapter and shall affect only the lot or portion
thereof for which it shall have been granted.
B.
Required submissions. An application for a special permit shall be submitted to the Planning Board in accord with all provisions and requirements of § 75-40 of this chapter, including the submission of a site plan with all data set forth in 75-40C(5).
C.
Basis for deliberation; general provisions. Before
issuing a special use permit, the Planning Board shall take into consideration
the public health, murals and welfare and shall assure itself of the
following:
(1)
That there shall not be any detrimental effect on
other uses within the district by the establishment of such use.
(2)
That such use will be in harmony with the orderly
development of the district, and that the location, nature and height
of buildings, walls, fences and parking areas will not discourage
the appropriate development and use of adjacent lands.
(3)
That all structures, equipment and materials shall
be reasonably accessible for fire and police protection.
(4)
That the use meets the prescribed requirements for
the district in which located, including minimum yard requirements
for the district in which located or as further specified in this
chapter and including maximum height, required off-street parking
and sign regulations and the following prescribed provisions.
(5)
All lighting shall be so directed so as not to cause
glare on adjacent properties or traffic hazards.
(6)
The water supply and sewage disposal shall comply
with the codes, ordinances and regulations of appropriate authorities.
D.
Prescribed standards. In addition to the above general
provisions, the following uses shall comply with the following prescribed
standards:
(1)
Retail sale of produce grown on the same lot from
a road stand.
(a)
At least five off-street parking spaces shall
be provided.
(b)
Ingress to and egress from such use shall be
so arranged as to provide minimum interference with through traffic
on the street.
(c)
Three signs not exceeding an aggregate 50 square
feet may be displayed for each establishment, provided that such sign
shall be located no closer than 10 feet to any property line and provided,
further, that such signs shall not extend more than 10 feet above
the ground or, if attached to the building, shall not extend more
than 50 feet above the height of the roof of the building at the point
of location of the sign.
(2)
Hospital, nursing home, convalescent home, sanitarium,
institution or philanthropic use.
(a)
The total building area shall not exceed a lot
coverage of 30%.
(b)
Primary access to such use shall not be a minor
street serving as access to abutting residential properties.
(c)
Off-street parking areas and outdoor storage
areas shall be screened from adjacent residential properties.
(d)
No building shall be located within 100 feet
of any lot line.
(3)
Hotel, resort hotel, resort lodge, resort ranch, restaurant,
bar or nightclub, skating rink, theater, concert hall, commercial
recreation use.
(a)
Primary access to such use shall not be a minor
street designed to serve primarily as access to abutting residential
properties, but shall be by means of a street in the collector, arterial,
state highway or county road system.
(b)
Such use shall meet the off-street parking requirements
of this chapter. Such off-street parking in connection with such use
shall be screened and shielded from adjacent residential properties.
(c)
No building shall be located closer than 100
feet to any lot line.
(4)
Camp.
(a)
No structure shall be located within 100 feet
of a side or rear property line or within 50 feet of a street right-of-way
line.
(b)
One off-street parking space shall be provided
for each five persons camping and one additional space shall be provided
for each two employees.
(c)
A swimming pool or other recreational activity
shall not be located closer than 100 feet to a side or rear property
line or within the required front yard and shall be screened from
adjacent properties to the sides and rear by a stand of trees, fence,
hedge or wall.
(5)
Two-family dwelling, multifamily dwelling, boardinghouse.
(a)
General density requirements for two-family
and multifamily dwellings.
[1]
Where permitted in the R-3 and B-1 Districts,
and served by both community water and sewer, the minimum lot area
for two-family and multifamily dwellings shall be as follows: 3,500
square feet of lot area for one-bedroom, studio or efficiency dwelling
unit; 5,500 square feet for a two-bedroom dwelling unit; 7,500 square
feet for a three-bedroom dwelling unit; and an additional 1,500 square
feet of lot area for each additional bedroom in each dwelling unit.
[2]
Where permitted in the B-2 District, and served by both community water and sewer systems, as defined in these regulations, the minimum lot area per dwelling unit for multifamily dwellings shall comply with the requirements of the R-2 District, except the requirements set forth in Subsection D(5)(a)[1] above shall apply to multifamily dwellings designed for and exclusively occupied by senior citizens and physically handicapped or physically disabled persons as normally defined by the state or federal government.
[3]
Where permitted elsewhere in the Town, and where
there is either only community water or only community sewer, or where
there is no community sewer and water at all, the permitted density
per family or multifamily residence shall comply with the minimum
lot area as set forth in the Density Control Schedule[1] (§ 75-11).
[1]
Editor's Note: The Density Control Schedule is included at the end of this chapter.
[4]
Boardinghouse. A boardinghouse shall not contain more than six rentable rooms. Every two rentable rooms in excess of four shall constitute the equivalent of one additional dwelling unit. The permitted density per dwelling unit for the boardinghouses, in any district, shall comply with the minimum lot area per dwelling unit, for one-family homes, as set forth in the Density Control Schedule (§ 75-11).
(b)
There shall be off-street parking provided on
the same lot with the principal use at least equal to the minimum
requirements specified by this chapter. Off-street parking accessory
to a multifamily dwelling shall not be located in a required front
yard or side yard abutting a street and shall be screened from adjacent
properties.
(c)
Traffic generated by multifamily units shall
not place undue traffic volumes on minor or local access streets serving
single-family residential areas.
(d)
Bulk requirements.
[1]
Multifamily dwellings in the R-3 and B-1 Districts,
and multifamily dwellings in the B-2 District that are designed for
and exclusively occupied by senior citizens and physically handicapped
or physically disabled persons, as normally defined by the state or
federal government, shall have a minimum lot width of 80 feet, and
shall be set back from any side lot line by a minimum distance of
15 feet.
[2]
All other multifamily dwellings, and two-family dwellings, where permitted elsewhere in the Town, shall conform to all bulk requirements set forth in the Density Control Schedule (§ 75-11) for the particular district in which said dwellings are located.
[3]
No building shall exceed 200 feet in length.
[4]
The minimum distance between a principal multifamily
building and an accessory building shall be 20 feet.
(6)
Airport and flying field. In addition to the standards
specified in the "basis for deliberation" section, there shall be
a finding that such airport or flying field shall not cause a hazard
to or be detrimental to nearby properties and buildings both in the
Town of Rosendale and in adjacent municipalities, considering the
location of buildings accessory to the airport or flying field, approach
and takeoff patterns and lights.
(7)
Electric or gas utility substation, transformer station,
water or sewage pumping station and other similar structure.
(a)
Such use is reasonably necessary for the service,
convenience or welfare of the public and cannot be located in another
district.
(b)
Such use will not alter or be detrimental to
the character of the neighborhood.
(c)
Such use has adequate fences and other safety
devices and adequate screening or landscaping.
(8)
Mobile homes.
(a)
The application for a special use permit for a Type 1 or Type 2 mobile home, where provided for in Article III, Use Regulations, shall be accompanied by a report from the Building Inspector indicating the type and condition of mobile home and its conformance to the New York State Uniform Fire Prevention and Building Code.
(b)
A site plan shall be submitted with the application for a special use permit, including all data set forth in § 75-40C and the following additional data:
[1]
Plans indicating the design, materials and method
of construction of required skirting.
[2]
Details of the method and design by which the
mobile home will be secured to its foundation.
[3]
Plans, details and/or descriptions of any proposed
exterior modifications or additions to the basic mobile home; roof
pitch, materials and design; exterior wall materials, color and design;
and any other data which will aid the Planning Board in evaluating
the design and appearance of the mobile home.
(c)
In addition to the considerations set forth in Subsection C above, approval of a special use permit for a mobile home shall be based on findings by the Planning Board that:
[1]
The mobile home will be substantially similar
in character to or compatible with single-family homes in the same
general neighborhood in terms of roof pitch; foundation design and
skirting; exterior wall material, color and design; and orientation
on the lot.
[2]
The size, shape and proportions of the mobile
home are compatible with those of single-family homes in the same
general neighborhood.
[3]
The plan for site development, proposed landscaping,
natural vegetation and topography of the site are such as to minimize
or shield any significant differences between the mobile home and
conventional housing on adjacent properties.
(d)
Notwithstanding the above, no special use permit
shall be granted for a mobile home if any part of such mobile home
will be located within 400 feet of the district boundary line of an
R-2 Residence District.
(9)
Nonmetallic and nonfuel mining and quarrying. In the
A, A-1 and I-1 Districts, where excavation and quarries are permitted,
such activities shall be regulated as follows:
(a)
Excavation and quarrying of more than 1,000
tons or 750 cubic yards of minerals, rock or soil during 12 successive
months is regulated under the New York State Mined Land Reclamation
Law and shall conform to all standards set forth in that law. In its
review of an application for a special use permit, the Planning Board
shall consider the proposed reclamation plan, the location of entrances
and exits on Town roads and the designation of Town roads for hauling.
The Planning Board may also make recommendations to the New York State
Department of Environmental Conservation regarding setbacks, barriers
to restrict access, dust control and hours of operation.
(b)
Excavation of less than 1,000 tons of material
during 12 successive months may be authorized by the Planning Board
upon review of a mining plan which establishes setbacks, hours of
operation and a detailed reclamation plan.
(c)
The Planning Board may waive the requirement
for a special use permit for excavation of less than 1,000 tons of
material for periods of less than 12 successive months, upon a determination
that size and scope of the proposed excavation activity would not
be detrimental to the character of the neighborhood in which the excavation
site is proposed. In order to render this determination, the Planning
Board is authorized to consult with other officials of the Town of
Rosendale, and to officials of the New York State Department of Environmental
Conservation.
(12)
Accessory apartments. Apartments accessory to the
principal use of a building are permitted in the A, A-1, R-1, R-2,
B-1 and B-2 Districts, subject to the regulations and standards set
forth below. It is the intent of this provision to allow more efficient
use of existing large structures; to permit certain structures to
be used in accord with their original design; to enhance the economic
return of such structures; and to expand rental housing opportunities
in the Town, particularly for small families. A second dwelling unit
in an existing structure may be permitted, subject to the issuance
of a special permit by the Planning Board and the following conditions,
without an increase in lot area:
(a)
Size and age of structure. An accessory apartment
may be located in the principal dwelling, provided that such principal
dwelling existed prior to January 1, 1995, contains a minimum of 2,000
square feet of habitable space and conforms to the other requirements
of this chapter, unless a variance therefor shall have been granted
by the Planning Board.
(b)
Apartment size. The minimum floor area for an
accessory apartment shall be 350 square feet, but in no case shall
it exceed 25% of the habitable area of the dwelling in which it is
located or 600 square feet, whichever is less, unless, in the opinion
of the Planning Board, a greater or lesser amount of floor area is
warranted by the specific circumstances of the particular building.
(c)
Number of accessory apartments and dwelling
units per lot. There shall be no more than one accessory apartment
or a total of two dwelling units permitted per lot.
(d)
Exterior appearance. To the degree reasonably
feasible, the exterior appearance of the building shall not be altered.
(e)
Water and sewer service. Prior to the issuance
of a building permit for the establishment of an accessory apartment
in a principal dwelling, approval of the proposed method of water
supply and sewage disposal shall be obtained.
(f)
Off-street parking. One additional off-street
parking space shall be provided for the accessory apartment. In no
case shall there be parking space for less than a total of three cars
on the property.
(13)
Certain uses which may be included as manufacturing
uses in Groups 23, 25, 31, 321, 322, 323, 326, 328, 391, 393, 394
and 396 may be permitted in B-1 and B-2 Districts. The intent of this
provision is to permit the establishment of craft shops, including
but not limited to furniture making, pottery and glass making, leather
crafting, jewelry making and similar uses. Such uses will be permitted
subject to the following conditions:
(a)
At least 25% of the goods produced on the premises
are available for retail sale on the premises in space designed for
display and sale of goods.
(b)
No more than three persons are employed whose
primary function is the manufacture of goods.
(c)
The use does not generate noise, vibration,
light, glare, smoke or similar emissions beyond those normally associated
with a retail use.
(d)
There is no external storage or display of unfinished
goods or raw materials.
(14)
Commercial telecommunications facilities. No commercial
communications facility (CTF) shall hereafter be used, erected, moved,
reconstructed, changed or altered unless in conformity with these
regulations. No existing structure shall be modified to serve as commercial
communications tower unless in conformity with these regulations.
[Amended 9-13-2000 by L.L. No. 4-2000; 2-11-2004 by L.L. No.
1-2004]\
(a)
Purposes. The purposes of this section are to:
[1]
Preserve the character and appearance of the
Town while simultaneously allowing adequate telecommunications services
to be developed, and provide a sufficient number of locations to accommodate
the needs of telecommunications service providers;
[2]
Protect the scenic, historic, environmental,
and natural or man-made resources of the community;
[3]
Provide standards and requirements for regulation,
placement, construction, monitoring, design, modification, and removal
of commercial telecommunications service facilities;
[4]
Establish a systematic review process that ensures
action within a reasonable period of time for requests for authorization
to place, construct, operate, or modify commercial communications
towers;
[5]
Preserve property values;
[6]
Minimize the total number and height of facilities
throughout the community while providing adequate coverage for the
Town of Rosendale;
[7]
Locate commercial telecommunications service
facilities so that they do not have negative impacts, such as, but
not limited to, attractive nuisance, noise and falling objects, on
the general safety, welfare, and quality of life of the community;
[8]
Require owners or sponsors of commercial communications
towers to configure them so as to minimize and mitigate the adverse
visual impact of the facilities.
(b)
Site plan review.
[1]
An applicant shall be required to submit a site plan in accordance with § 75-40C. The site plan shall show all existing and proposed structures and improvements, including roads, buildings, tower(s), guy wire anchors, parking and landscaping, and shall include grading plans for new facilities and roads. The cost of any reviews by outside experts deemed necessary by the Planning Board to fulfill any of its responsibilities under § 75-28D(14) shall be at the applicant's expense.
[2]
Each application shall be submitted within 10
days of receipt to the Rosendale Environmental Commission for review.
The Planning Board shall take no action until the Commission has submitted
its comments or a period of 45 days from the date of referral has
expired.
(c)
Supporting documentation. In addition to the
site plan, the applicant shall also submit the following:
[1]
For any facility Type 3, 4 or 5 as set forth in Subsection D(14)(d) below: a "zone of visibility" map showing all land area within five miles of the proposed facility from which the proposed facility will be visible. In addition, a brightly colored balloon with a three-foot diameter shall be suspended at the maximum height of the proposed facility for at least four hours at a time and date specified by the Planning Board. The applicant shall place an advertisement announcing such test in the Town's official paper at least seven and no more than 10 days prior to the test. Based on the results of the map and balloon test, the Planning Board may require submission of additional data, including, but not limited to, a visual simulation of the proposed facility from specific viewpoints as set forth in Subsection D(14)(k) below.
[2]
A map and written documentation of any facility
sites in the Town of Rosendale and abutting towns in which the applicant,
its affiliates, agents, successors or assigns controls or has a legal
or financial interest. From each such facility site, it shall demonstrate
with written documentation that these facility sites are not already
providing or do not have the potential to provide adequate coverage
and/or adequate capacity to the Town of Rosendale. The documentation
for each facility site listed shall include but not be limited to
the exact location, ground elevation, height of tower or structure,
type of antennas, antenna gain, height of antennas on tower or structure,
output frequency, number of channels, radial plots, power input and
maximum power output per channel. Similar documentation shall be provided
for all facility sites in the Town of Rosendale and in abutting towns
in which the applicant has no controlling legal or financial interest.
[3]
Buildout plan. With any carrier's first application for a commercial telecommunications facility following the date of passage of this Subsection D(14), a buildout plan shall be submitted which depicts the general location, height and design of all other facilities which are deemed necessary within the Town to accomplish the applicant's coverage objectives and capacity requirements. Such buildout plan shall be based on the height, location and output of the initial proposed facility and shall include predicted coverage propagation plots indicating the signal level depicted showing all existing and future facilities within the Town and within a five-mile radius of the Town's boundaries. The buildout plan shall include a narrative which explains the basis for selecting or eliminating sites.
(d)
Preferred types of facilities.
[1]
The preferences set forth below are intended
to implement the following policies regarding location and design
of CT facilities:
[a]
The visibility of a facility shall
be limited to the absolute minimum necessary to provide adequate service.
[b]
Visibility shall be kept to a minimum
by use of a combination of appropriate techniques including height
limits, color and texture of material, camouflage or "stealth" design,
size, scale and shape of equipment.
[c]
Limited visibility is most important
when a CT facility is located within or visible from significant viewsheds,
open spaces or historic sites.
[d]
Collocation of facilities is preferred
to new facilities only when such collocation does not increase the
height or visibility of the CTS facility.
[e]
Several small facilities which
have minimal visibility are preferred to one facility which has significant
visibility.
[f]
Type 4 or 5 facilities shall only
be approved if the applicant can demonstrate that adequate service
cannot be provided by use of Type 1, 2 or 3 facilities.
[2]
Therefore, it is the policy of the Town of Rosendale
that preference be given to the location and design of commercial
communications facilities in the following descending order:
[a]
Type 1: facilities that are incorporated
into the design of new or existing structures such as church steeples,
farm silos, flagpoles, light standards, water towers, etc., in such
a way that the commercial communications tower is indistinguishable
from the structure itself.
[b]
Type 2: facilities that are attached
to or mounted on existing tall structures but do not increase the
height of such structure by more than 10 feet, or facilities which
simulate a tree or other natural feature.
[c]
Type 3: facilities that are collocated on existing commercial telecommunications towers that have previously been approved under this section or on existing towers for high-tension transmission lines as set forth in § 75-56 of this chapter.
[d]
Type 4: new commercial communications
towers located on the same site as a similar tower previously approved
under this section.
[e]
Type 5: new commercial communications
towers on new sites.
(e)
Location. Commercial communications towers shall
only be located, upon issuance of a special permit, in accord with
the following standards:
[1]
No commercial communications facilities shall
be located in the following areas:
[a]
The area bounded by the Coxing
Kill on the west; the Rondout Creek on the north; the right-of-way
of the former Wallkill Valley Railroad on the east and the New Paltz
Town Boundary on the south.
[b]
Any portion of Tax Parcel 62.004-2-15.1
(Joppenburgh Mtn.) above elevation 300 feet unless developed as a
Type 1 or 2 facility or attached to an existing transmission tower.
[2]
Commercial communications towers and facilities which qualify as preferred facility Types 1 or 2, as defined in § 75-28D(14)(d) are permitted at any location in Town, with the exception of the area excluded in Subsection D(14)(e)[1] above.
[3]
Commercial communications towers and facilities which qualify as Types 3, 4 or 5 as defined in § 75-28D(14)(d) shall be permitted only within 500 feet of the center line of any electric power transmission lines that come within the definition of "high-tension line" as set forth in § 75-56 of this chapter, except that no such towers or facilities shall be located between Route 32 and the former Wallkill Valley Railroad in the hamlet of Rosendale. Preference shall be given to facilities located on existing transmission towers where such facility does not increase the height or visibility of said tower.
[4]
The use of repeaters to assure adequate coverage, or to fill holes within areas of otherwise adequate coverage, while minimizing the number of required towers is permitted and encouraged in locations described in Subsection D(14)(e)[2] and above. An applicant who has received a special permit under this section may install one or more additional repeaters upon approval of a site plan by the Planning Board. For the site plan review, the applicant(s) shall detail the number, location, power output, and coverage of any proposed repeaters in their systems and provide engineering data to justify their use.
(f)
Design standards.
[1]
Type 2 facilities located on existing utility
poles or similar structures shall be of a size, color and profile
to minimize visibility.
[2]
Type 2 facilities (collocated) shall be designed
so that the height of the structure is not increased and the existing
design elements are maintained.
[3]
Type 3, 4 and 5 facilities shall be subject
to the following standards:
[a]
The facility shall not be sited
in an open field, meadow or similar unwooded area.
[b]
The maximum height of any facility
shall not exceed 15 feet above the average tree height as measured
within a one-hundred-foot radius of the facility or 10 feet above
the height of the tallest tree within a fifty-foot radius of the facility,
whichever is less.
[c]
No facility shall be silhouetted
against the sky as seen from any viewpoint located 1,000 feet or more
from the base of the facility.
[d]
Unless specifically required by
other regulations, all facilities shall have a neutral, earth-tone
or similar painted finish that will minimize the degree of visual
impact that a new facility may have.
[4]
Antennas should be designed with a minimum of
protruding elements and shall be as close to the supporting building,
pole or tower as possible.
[5]
Equipment shelters and similar accessory structures
shall be of the minimum size necessary and either concealed in existing
structures or utilize materials, colors, shapes and textures to blend
with the immediate surroundings or buried underground.
[6]
No new antenna or ground equipment shall be
placed on any existing facility or at any existing facility site which
is nonconforming with respect to the height or setback standards set
forth herein.
[7]
Except as required by law, no tower, antenna
or ground equipment shall be lighted in such a way that the light
source or any illumination is visible beyond the boundaries of the
property.
(g)
Shared use of existing towers. At all times,
shared use of existing towers shall be preferred to the construction
of new towers, provided any additional equipment does not increase
the height or visibility of the existing facility. An applicant shall
be required to present an adequate report inventorying existing towers
and other facilities within reasonable distance of the proposed site
and outlining opportunities for shared use of existing facilities
as an alternative to a proposed new tower.
[1]
An applicant proposing to share use of an existing
tower shall be required to document intent from an existing tower
owner to allow shared use.
[2]
The Planning Board may consider a new commercial
communications tower where the applicant demonstrates that shared
usage of an existing tower is impractical. The applicant shall be
required to submit a report demonstrating good-faith efforts to secure
shared use from existing towers as well as documentation of the physical
and/or financial reasons why shared usage is not practical. Written
requests and response for shared use shall be provided.
(h)
Shared usage of site with new tower. Where shared usage of an existing tower is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Subsection D(14)(c)[1] and above. Any new commercial communications tower approved for an existing tower site shall be subject to the standards of Subsection D(14)(j) through (r) below.
(i)
New tower at a new location. The Planning Board may consider a new commercial communications tower on a site not previously developed with an existing tower when the applicant demonstrates that shared usage of an existing tower site is impractical, and submits a report as described in Subsection D(14)(c)[2] above.
(j)
Future shared usage of new towers. The applicant
must examine the feasibility of designing a proposed commercial communications
tower to accommodate future demand for commercial broadcasting and
reception facilities. The scope of this analysis shall be determined
by the Planning Board. This requirement may be waived, provided that
the applicant demonstrates that provisions of future shared usage
of the facility is not feasible and an unnecessary burden, based upon:
[1]
The number of Federal Communications Commission
(FCC) licenses forseeably available for the area;
[2]
The kind of tower site and structure proposed;
[3]
The number of existing and potential licenses
without tower spaces;
[4]
Available spaces on existing and approved towers;
and
[5]
Potential adverse visual impact by a tower designed
for shared usage.
(k)
Setbacks for new towers. All proposed Type 4
or 5 commercial communications towers and accessory structures shall
be set back from abutting residential parcels, public property or
street lines a distance sufficient to contain on site substantially
all ice-fall or debris from tower failure and preserve the privacy
of adjoining residential properties.
[1]
All tower bases must be located at a minimum
setback from any property line at a distance of 500 feet or the distance
between the tower base and guy wire anchors, whichever is greater.
However, no facility shall be located within 1,500 feet of a district
or structure listed, or eligible for listing, on the National or State
Register of Historic Places.
[2]
Accessory structures and repeaters must comply
with the minimum setback requirements in the underlying district.
(l)
Visual impact assessment. The Planning Board
shall require the applicant to undertake a visual impact assessment
of any proposed new towers or any proposed modifications of an existing
tower. Construction of a new tower or modification of an existing
tower shall be subject to the relevant guidelines and criteria below
that are determined by the Planning Board at the presubmission conference
to be appropriate:
[1]
Assessment of "before and after" views from
key viewpoints both inside and outside of the Town, including state
highways and other major roads, from state and local parks, other
public lands, from any privately-owned preserves and historic sites
normally open to the public, and from any other location where the
site is visible to a large number of visitors or travelers. In its
review of the visual impact assessment, the Planning Board shall consider,
among other impacts, the visibility of the facility above nearby ridgelines,
its height in relation to the tree crown in the surrounding area,
its color and materials in relation to those of nearby structures
and other factors which contribute to or detract from the harmony
of the visual environment.
[2]
Assessment of alternative tower designs and color schemes, as described in Subsection D(14)(m) below.
[3]
Assessment of visual impact of the tower base,
guy wires, accessory buildings and overhead utility lines from abutting
properties and streets.
(m)
New tower design. Alternate designs shall be
considered for new towers, including lattice and single pole structures
and facilities that simulate natural features or indigenous structures
(steeples, silos, etc.). The design of a proposed new tower shall
comply with the following:
[1]
Unless specifically required by other regulations,
all towers shall have a neutral, earth-tone or similar painted finish
that will minimize the degree of visual impact that the new tower
may have.
[2]
The height of any new tower shall be below that
which would require the need for artificial lighting.
[3]
Any new tower shall have the minimum height needed to provide future shared usage consistent with all standards of this Subsection D(14).
[4]
The Planning Board shall require a review of
the application by a qualified structural engineer or other expert
for evaluation of need for height and design of any new tower.
[5]
Accessory facilities shall maximize use of building
materials, colors and textures designed to blend with the natural
surroundings.
(n)
Existing vegetation. Existing on-site vegetation
shall be preserved to the maximum extent possible, and no cutting
of trees exceeding four inches in diameter (measured at a height of
four feet off the ground) shall take place prior to approval of the
special permit. Clear-cutting of all trees in a single contiguous
area exceeding 20,000 square feet shall be prohibited.
(o)
Screening. Deciduous or evergreen tree plantings shall be required where deemed necessary to screen portions of the tower and accessory structures from nearby residential property as well as from public sites known to include important views or vistas. Where the site abuts residential or public property, including streets, the following vegetative screening shall be required. For all towers, at least one row of native evergreen shrubs or trees capable of forming a continuous hedge at least 10 feet in height within two years of planting shall be provided to effectively screen the tower base and accessory facilities. In the case of poor soil conditions, planting may be required on soil berms to assure plant survival. Plant height in these cases shall include the height of any berm. The effectiveness and condition of screening shall be reviewed by the Town Board at the time of the annual application for license renewal, as set forth in Subsection D(14)(y) below, and correction of any deficiencies shall be a condition of license renewal.
(p)
Access. Adequate emergency and service access
shall be provided. Maximum use of existing roads, public or private,
shall be made. Road construction shall, at all times, minimize ground
disturbance and vegetation cutting to within the toe of fill, the
top of cuts, or no more than 10 feet beyond the edge of any pavement.
Road grades shall closely follow natural contours to assure minimal
visual disturbance and reduce soil erosion potential.
(q)
Parking. Parking shall be provided in accordance with § 75-19A(3)(d). No parking space shall be located in any required yard.
(r)
Fencing. Sites of proposed new towers and sites where modifications to existing towers are proposed shall be adequately enclosed by a fence designed in accordance with § 75-18G, unless the applicant demonstrates to the Planning Board that such measures are unnecessary to ensure the security of the facility. The applicant shall be wholly responsible for ensuring that the communications facility site and all structures situate thereon are safe and secure for all purposes, uses and activities.
(s)
Removal of facilities.
[1]
Any commercial communications tower which ceases
to operate for a period in excess of six months shall be wholly removed
from the site. "Cease to operate" is defined as not performing all
normal functions associated with operation of the commercial communications
tower and its equipment on a continuous basis for a period in excess
of six months.
[2]
Prior to special use permit approval being granted
by the Planning Board, the commercial communications tower applicant,
sponsor, lessee, contract vendee or owner, their successors and assigns
shall obtain a financial surety, bond or similar undertaking sufficient
to cover the entire cost of removal of the commercial communications
tower and related facilities such as power lines, transformers, etc.,
and the reclamation of the affected landscape to substantially the
same condition as prior to the facilities construction. Said financial
surety, bond or similar undertaking shall be in an amount acceptable
to the Planning Board and substantiated by a qualified and independent
engineering expert as designated by the Planning Board.
[3]
As part of the application process the applicant
shall submit to the Planning Board a letter of commitment, which shall
commit the commercial communications facility owner and its successors
and assigns to notify the Building Inspector, in writing, within 30
days of the discontinuance of use of the facility. Failure to notify
and thereafter remove the facility and all appurtenances within a
period not to exceed six months from the giving of said written notice
shall be deemed a violation punishable under applicable provisions
of the Town of Rosendale Zoning Law. Notwithstanding this provision,
the Building Inspector shall have the right to independently investigate
any discontinuance of the facility and render a written determination
setting forth the extent, duration and facts evidencing the violation
and the discontinuance of the facility. Upon rendering said written
determination, written notice of the determination shall be provided
to the owner and the lessees of the facility and the owners of the
real property upon which the facility is situate by certified mail,
return receipt requested. Upon proven receipt of the notice of the
determination by the facility owner, any lessee of the facility and
the owners of the real property said facility is situate thereon,
the Building Inspector and the Town of Rosendale may commence legal
proceedings to levy upon the financial surety, bond or similar undertaking
and have the facility removed from the site in accordance with all
applicable law.
[4]
Upon recommendation of the Planning Board, the
Town Board may waive or defer the requirement that a commercial communications
tower be removed if it determines that retention of such tower is
in the best interest of the Town.
(t)
Maintenance and/or performance bond. The Planning
Board shall require the applicant and/or owner to post and file with
the Town Clerk of the Town of Rosendale prior to approval of any application
and/or license a maintenance and/or performance bond in an amount
sufficient to cover the installation, maintenance and/or construction
of said facility during its lifetime, including all screening, landscaping
and accessory structures. The amount required shall be determined
in the sole discretion of the Planning Board, based upon the unique
characteristics of the tower and site. In furtherance of the foregoing,
the applicant and/or owner shall cooperate with the Planning Board
in supplying all necessary construction and maintenance data to the
Board prior to approval of any application and/or license to accomplish
the foregoing.
(u)
Structural inspection.
[1]
The commercial communications tower owner shall
establish an escrow with the Town of Rosendale to pay for an independent
licensed structural engineer, hired by the Town of Rosendale to conduct
inspections of the facility's structural integrity and overall safety
every two years. A written report of the inspection results shall
be prepared by the licensed structural engineer and submitted to the
Building Inspector for review and action thereon. Any modification
of any existing commercial communications tower shall require a structural
inspection. For the purposes of this subsection, "modification" is
defined as any alteration, change or proposed change in structure
or dimension of an existing facility, number of antennas, power input
or output, change in antenna type or model, repositioning of any antenna,
change in any portion of the facility capable of receiving or transmitting
signals or other medium of communications of any nature.
[2]
Should the inspection of any commercial communications
tower reveal any defect or change which the Building Inspector determines
renders the facility, or portion thereof, unsafe, the Building Inspector
shall notify the facility owner of the unsafe conditions and thereafter
take necessary actions under law to have the unsafe conditions remedied.
[3]
Any modification of any existing facility shall
require a structural analysis which shall be submitted to the Building
Inspector for review. For the purposes of this subsection, "modification"
is defined as any alteration, change or proposed change in structure
or dimension of an existing facility, number of antennas, change in
antenna type or model and repositioning of any antenna.
(v)
Criteria for approval. Notwithstanding any other
findings which it may make, the Planning Board shall specifically
make all of the following findings before granting the special use
permit:
[1]
That applicant is not already providing adequate
coverage and/or adequate capacity to the Town of Rosendale; and
[2]
That applicant is not able to use existing facilities
or sites to provide adequate coverage and/or adequate capacity to
the Town of Rosendale; and
[3]
That the applicant has agreed to rent or lease
available space on the facility, under the terms of a fair-market
lease, without discrimination to other communications tower providers;
and
[4]
That proposed communications tower does not
exceed the minimum height required to provide adequate service and
will not have a significant adverse impact on historic resources,
scenic views, residential property values, natural or man-made resources;
and
[5]
That the proposed communications tower shall
comply with all FCC regulations regarding emissions of electromagnetic
radiation and that the required monitoring program is in place and
shall be wholly paid for by the applicant.
(w)
Authority to impose conditions.
[1]
The Planning Board shall have the authority
pursuant to special use permit review to impose such reasonable conditions
as are directly related to and incidental to the proposed commercial
communications tower, including that the special permit may require
periodic renewal.
[2]
The Planning Board shall act and render any
special use permit final decision upon an application for a commercial
communications tower in conformance within 47 USC § 332(7)
of the Telecommunications Act of 1996, as promulgated and amended.
In addition to the definition set forth in the Town of Rosendale Zoning
Law, the term "commercial communications tower" shall be deemed to
encompass and regulate "personal wireless service facilities" as said
facilities are defined at 47 USC § 332(7)(c)(i-iii).
(x)
Monitoring and evaluation of compliance.
[1]
Pretesting. After the granting of a special
permit and before the facility begins transmission, the applicant
shall retain an independent consultant to monitor the background levels
of EMF radiation around the proposed facility site and/or any repeater
locations to be utilized for applicant's facility. The independent
consultant shall use a monitoring protocol consistent with accepted
engineering practice. A report of the monitoring results shall be
prepared by the independent consultant and submitted to the Planning
Board.
[2]
Post testing. Within 30 days after transmission
begins, the owner(s) of any facility located on any facility site
shall retain an independent consultant to conduct testing and monitoring
of EMF radiation emitted from said site and report results of said
monitoring to the Code Enforcement Officer within 15 days. The independent
consultant shall use actual field measurement of radiation, utilizing
a monitoring protocol consistent with accepted engineering practice
to measure levels of EMF radiation from the facility site's primary
antennas as well as from repeaters (if any).
[a]
CT facility owner(s) shall provide
the Code Enforcement Officer with copies of the annual report on emission
compliance, certified by a licensed engineer, which is submitted to
the FCC.
[b]
Any modification of an existing
CTS facility, or the activation of any additional permitted channels,
shall require new monitoring.
[3]
Excessive emissions. Should the monitoring of
a facility site reveal that the site exceeds the FCC OET-65 standard,
then the owner(s) of all facilities utilizing that site shall be so
notified. The owner(s) shall take all necessary measures to reduce
emission within 30 days of initial notification of noncompliance.
Failure to accomplish this reduction of emission to comply with the
FCC OET-65 standard within 30 days of initial notification of noncompliance
shall be a violation of the special use permit and subject to penalties,
fines and enforcement as specified in this Zoning Law. Such fines
shall be payable by the owner(s) of the facilities with antennas on
the facility site, until compliance is achieved.
[4]
All structural and nonstructural elements of
the site, including towers, accessory structures, landscaping and
"stealth" design features, shall be maintained in the condition on
which the original special permit was based.
(y)
License. Simultaneously with the filing of an application for a special use permit as required by this Subsection D(14), the applicant and/or owner shall file an application to operate said tower in accordance with the requirements of this Subsection D(14). Approval of said license application and the issuance of a license, subject to approval of a special use permit, shall be a requirement which must be fulfilled by the applicant and/or owner prior to approval and receipt of a special use permit required under this Subsection D(14). This license application may be obtained from the Town Clerk of the Town of Rosendale, and the license, which shall expire one year after its issuance, must be approved by the Town Board of the Town of Rosendale on an annual basis. The applicant shall be required to pay an annual fee, the amount of which shall be determined by the Town Board of the Town of Rosendale in its sole discretion based on the unique characteristics of the site and taking into consideration the cost of its implementation and processing. As part of the application for said license, the applicant shall file with the Town Clerk of the Town of Rosendale proof of casualty and liability insurance in a form and amount which shall be determined and approved by the Town Board of the Town of Rosendale in its sole discretion. Said insurance must remain in full force and effect during the term of the license. Termination of insurance shall result in the immediate revocation of this license, and revocation, suspension and/or expiration of said license shall be immediate grounds to vacate, rescind and set aside the applicant's authority to operate said tower. In the event the Town of Rosendale determines that due to termination of insurance and/or for any other cause, which shall include the applicant's failure to abide by any of the conditions of the special use permit or any provision of this Subsection D(14), said applicant and/or owner shall be entitled to five days' notice to cure, after which, in the event the applicant and/or owner does not correct the defect complained of, this license shall immediately terminate. Termination of said license shall be grounds to immediately revoke the special use permit, and any action taken shall be in the sole discretion of the Town Board.
(z)
ADEQUATE COVERAGE
REPEATER
Definitions. The following definition(s) shall
apply to terms used in this section:
Coverage is considered to be "adequate" within that area
surrounding a base station where the predicted or measured median
field strength of the transmitted signal is greater than -95 dbm.
It is acceptable for there to be holes within the area of adequate
coverage where the signal is less than -95dbm, as long as the signal
regains its strength to greater than -95 dbm further away from the
base station. For the limited purpose of determining whether the use
of a repeater is necessary or desirable, there shall be deemed not
to be adequate coverage within said holes. The outer boundary of the
area of adequate coverage, however, is that location past which the
signal does not regain a strength of greater than -95 dbm.
A micro or macro cell designed to extend personal wireless
service to areas which are not able to receive adequate coverage directly
from a base station, using the same channels as the base station.
(15)
Logging camps and contractors and commercial logging.
(a)
Applicability. These provisions shall apply
to all parcels of three or more acres on which logging or timber harvesting
operations are proposed, whether on one to be harvested or two or
more contiguous lots under common ownership. Persons or corporations
permitted to undertake logging operations shall only be those on the
current list of Cooperating Timber Harvesters as maintained by the
New York State Department of Environmental Conservation.
(b)
Exemptions. These provisions shall not apply
to the following:
[1]
Harvesting of trees and firewood for the personal
use of the property owner on the same site.
[2]
Reasonable site clearing preparatory to construction
of a building for which a building permit has been issued.
[3]
Clearing of land for rights-of-way for utilities, subject to the provisions and requirements of Chapter 66 of the Town Code, entitled "Trees."
[4]
Clearing and maintenance of land for agricultural
purposes.
[5]
Harvesting of Christmas trees.
[6]
Any other removal of timber from a lot in quantities
less than 20 standard cords of wood, 2,000 cubic feet or 10,000 board
feet, as measured by the international one-fourth-inch Log Rule, within
any given calendar year.
(c)
Properties in state programs exempted. Lands
anywhere in the Town which are enrolled under § 480-a of
the New York State Real Property Tax Law, and its predecessor, the
Fisher Forest Act, are exempted from these provisions, provided that:
[1]
A copy of a valid certificate of approval of
enrollment in either § 480-a or the Fisher Forest Act is
presented to the Building Inspector, or the Logging Inspector, if
one is designated by the Town Board, prior to the commencement of
any commercial logging operations.
[2]
A copy of the renewal forms certifying continued
enrollment of a parcel in the § 480-a program is filed annually
in years of active logging with the Building Inspector.
[3]
A copy of file maps and management plan from
Fisher Forest Act or § 480-a is submitted in conjunction
with a certificate of approval.
(d)
Management plan. The site plan shall include
a forest management plan that shows the following information:
[1]
Land area of the site to be logged.
[2]
Location of the site on a Tax Map, a USGS topographic
map and a USDA soils survey map.
[3]
Approximate existing number of trees.
[4]
Approximate number of trees to be harvested.
[5]
Assessment of streams, water bodies and wetlands
on the site and of impact of logging activities upon these features.
[6]
Assessment of specific soil types and slopes
present on site and of erosion and stormwater control measures to
be implemented.
[7]
Measures to preserve wildlife habitats, and
listing of known threatened and endangered species.
[8]
Measures to preserve aesthetic values.
[9]
Maintenance and repair of public roads, loading
areas and access paths.
[10]
Establishment of buffer zones to mitigate visual
impact of the site from adjoining roads, neighboring parcels and nearby
prominent elevations unless specifically based on public comment on
the logging plan.
[11]
Cleanup and reclamation plans.
[12]
The location of major skid roads and loading
areas.
[13]
A time schedule for all above activities.
(e)
Consultant's services. The Planning Board may engage a forestry consultant from the list of Cooperative Consultant Foresters, as maintained by the New York State Department of Environmental Conservation, to examine the commercial logging proposal. The cost of these services shall be the responsibility of the applicant, in accordance with the provisions of § 75-40E of this chapter.
(f)
Requisite to approval of the management plan
is that it be consistent with the Timber Harvesting Guidelines of
New York (to be distributed with all applications under this section);
or Section 11, Timber Harvesting Standards, of the New York State
Forest Practice Board's Recommended Model Timber Harvesting Ordinance.
(g)
Necessary agreements. The Planning Board shall
receive and approve a signed contract between the timber harvester
and property owner(s), which shall include a performance guaranty
in a form determined acceptable to the Town Board, such guaranty naming
the Town of Rosendale as an insured party, and filed with the Town
Clerk, to insure proper cleanup and implementation of the forest management
plan and to insure consistency with the Timber Harvesting Guidelines
of New York, or Section 11, Timber Harvesting Standards, of the New
York State Forest Practice Board's Recommended Model Timber Harvesting
Ordinance. However, any financial arrangements between the timber
harvester and the property owner(s) may be deleted from the copy of
the signed contract submitted to the Planning Board. In addition,
the Planning Board may waive the requirement of a performance guaranty
in situations where, based on the circumstances unique to the property,
its neighborhood setting or scope of proposed logging, requirement
of such a guaranty would result in an unnecessary hardship, and provided
that copies of any written agreements between the landowner, or his
or her agent, and the timber harvester, for such site cleanup and
management issues, are provided to the Planning Board and Logging
Inspector.
(h)
State regulations. All regulations promulgated
by the New York State Department of Environmental Conservation shall
be strictly adhered to by the holder of the special use permit, and
all required stream or wetland disturbance permits shall be secured
and in effect before the commencement of logging.
(i)
Access. Where a proposed commercial logging
operation is to use or develop an access onto a Town Highway, such
proposal shall be referred to the Town Highway Superintendent, who
shall approve such access, subject to the following conditions:
[1]
Proper posting of site entrance and exit signs,
including "truck entrance" signs.
[2]
No skidding of timber shall be permitted across
Town highways as part of the logging operation at any time.
[3]
The Town highway shall be cleared of dirt, mud
and vegetation debris on a daily basis to the satisfaction of the
Town Highway Superintendent.
[4]
The logging contractor or operator shall be
held responsible for any damage to the pavement, shoulder or drainage
facilities of a Town highway, and the Town Highway Superintendent
shall inspect the logging operation on a frequent basis to determine
if such damage has occurred.
[5]
All logging operations within the Town of Rosendale
adjacent to any Town road shall post a cash bond, letter of credit,
certified check or other form of financial surety as determined appropriate
by the Town Board, payable to the Town in the penal sum of an amount
to be determined by resolution of the Town Planning Board for each
logging operation or loading area location. An additional sum in an
amount to be determined by resolution of the Town Planning Board shall
be deposited with the Town for each additional loading area. The loading
area shall consist of not more than 100 linear feet adjacent to one
side of a Town highway. The Town Highway Superintendent shall be consulted
to provide a written estimate in the amount of such financial surety.
The requirement of providing financial surety may be waived only upon
a written determination by the Town Highway Superintendent that such
surety is not necessary.
[6]
The Town of Rosendale Highway Superintendent
may issue any appropriate directive to prevent or repair damage to
any Town road or bridge, caused by the logging operation. Logging
operations having access onto a state highway or county road shall
have the access reviewed and approved by either the State Department
of Transportation or the County Department of Public Works, and such
access shall adhere to the conditions, including performance guaranties,
that these agencies may require.
(j)
Buffers.
[1]
No logging shall take place within 50 feet of any street line, or 75 feet of any pavement or center lines of any public street in the Town. Trimming and cutting of trees within this buffer, only for purposes of maintaining overhead utility wires, is permitted subject to the provisions of Chapter 66 of the Town Code, Trees.
[2]
All logging operations shall generally be located
no closer than 50 feet to any property line, or no closer than 150
feet to any residence, whichever is greater. Any portable sawmills
and similar equipment must be located no closer than 100 feet to any
property line, or no closer than 200 feet to any residence, whichever
is greater. Notification of neighboring property owners shall be required,
and if, upon notification, a neighboring landowner with a residential
dwelling located less than 150 feet from the proposed logging area,
or less than 200 feet from any proposed location of any portable milling
equipment, provides written permission to the applicant, the Planning
Board may reduce the required buffer. A "logging operation" shall
include the terms "landing," "logging debris" and "logging operation"
as defined in Section 2, Timber Harvesting Standards, of the New York
State Forest Practice Board's Recommended Model Timber Harvesting
Ordinance.
[3]
An off-street parking area for logging equipment
and other vehicles shall be located on the logging site and no closer
than 50 feet to any street line.
(m)
Insurance and liability. The applicant of any
proposed logging operation shall provide for a certificate of insurance
filed with the Town Clerk, naming the Town as the co-insured or additional
insured party. The liability shall hold the Town harmless in any logging
operation and shall be in an amount determined by the Town Planning
Board and shall include attorney's and other legal fees.
(n)
Penalties for offenses. Any violation of this section or any logging or timber harvesting activity which would be subject to these regulations but which is conducted without any required approvals shall be considered a violation of the zoning regulations. All such violations shall be subject to the penalties set forth in § 75-55 of this chapter.
(16)
Adult businesses.
[Added 8-13-2003 by L.L. No. 3-2003]
(a)
Findings and purpose.
[1]
Findings.
[a]
The Town Board hereby finds that
certain business activities categorized as adult uses by their nature
have serious, objectionable characteristics related to their operation
which can lead to a significant deleterious impact on the surrounding
community. The Board further finds that the unrestrained proliferation
and/or concentration of such businesses is inconsistent with existing
development and future plans for the Town of Rosendale in that they
often result in influences on the community which increase the crime
rate and undermine the economic, cultural, and social welfare of the
community. The deleterious effects of these businesses change the
economic, social and cultural character of the existing community
and adversely affect existing businesses and community and family
life. These findings are based on studies and findings regarding such
uses which have been undertaken by and incorporated in legislation
enacted by other communities, including the City of Kingston and Town
of Islip, New York; Austin, Texas; Indianapolis, Indiana; and Los
Angeles, California, as well as the opinions expressed by local residents
and business owners.
[b]
The Town Board further finds that
the Town of Rosendale is particularly vulnerable to the effects of
adult businesses since it is a rural community containing several
historic hamlets and is in close proximity to Ulster County Community
College. The Town's resources would be severely strained if called
upon to address the potential increased demand for crime prevention,
degradation of the community's unique and fragile retail area, the
potential decline in property values and overall quality of the community
that the proliferation of such uses could dangerously affect.
[c]
The Town Board further finds that
adult uses are commercial uses which are appropriately located only
in business or industrial districts. The Town has two types of business
districts. The B-1 District is located in a number of historic hamlets
and includes other local business uses in close proximity to surrounding
residences. The B-2 District is primarily located along Route 32 in
the Town's main highway business area although it also includes other
businesses and is near residences. The I-1 Industrial District is
located in four separate areas. This situation makes it very difficult
to establish appropriate locations for the full array of possible
adult uses in a manner which will not alter the character of the business
district or generate adverse impacts on nearby residences. Therefore,
the Town Board has determined that there are no appropriate locations
for adult uses that provide on-site entertainment and the assemblage
of crowds and attendant noise and traffic within the B-1 and B-2 Districts.
Such uses may be appropriate in the I-1 District subject to specific
standards.
[2]
Purpose. The purpose of this Subsection D(16) is to prevent the unrestricted proliferation of adult businesses and to ensure that the effects of such businesses will not adversely affect the health, safety and economic well-being of the community by enacting criteria for the establishment of adult business uses in the Town.
(b)
ADULT ARCADE OR MOTION-PICTURE THEATER
ADULT BOOKSTORE
ADULT BUSINESS
ADULT ENTERTAINMENT CABARET
SPECIFIED ANATOMICAL AREAS
[1]
[a]
[b]
[c]
[2]
SPECIFIED SEXUAL ACTIVITIES
Definitions. As used in this Subsection D(16), the following terms shall have the meanings indicated:
An establishment where, for any form of consideration, one
or more motion-picture projectors, slide projectors or similar machines
are available and are used to show films, motion pictures, video cassettes,
slides or other photographic reproductions which are characterized
by emphasis upon the depiction or description of specified sexual
activities or specified anatomical areas.
An establishment or business, whether retail or wholesale,
having more than 20% of its stock in trade (recordings, books, magazines,
periodicals, films, DVD's, video tapes/cassettes or other audio or
viewing materials) for sale or rent for viewing or use only off the
premises, which stock is distinguished or characterized by its emphasis
on matter depicting, describing, or relating to sexual activities
or sexual anatomical areas.
Any establishment or business involved in the dissemination
of material distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas, including but not limited to adult arcades,
adult bookstores, adult theaters, and adult entertainment cabarets.
An enclosed building or structure or portion of a building
or structure used for presenting film or similar materials or performances
by live persons having as a dominant theme material distinguished
or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas
for observation by patrons therein.
The following areas of the body that are less
than completely and opaquely covered:
Human genitals or pubic region.
The cleavage of the human buttocks.
That portion of the human female breast encompassed
within an area falling below the horizontal line one would have to
draw to intersect a point immediately above the top of the areola
(the colored ring around the nipple). This definition shall include
the entire lower portion of the breast but shall not be interpreted
to include any portion of the cleavage of the breast exhibited by
a dress, blouse, shirt, leotard, bathing suit or other wearing apparel,
provided that the areola is not so exposed.
Human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
(c)
Special permit required for an adult business.
[2]
Adult businesses, other than adult bookstores, are permitted only in the I-1 District, subject to the standards set forth in Subsection D(16)(d) below and all other relevant requirements of this Zoning Law.
[3]
In addition to the application materials required in § 75-40B(1) hereof, the following shall be submitted with the application for a special permit:
[a]
A narrative statement describing
the applicant's proposed business plan, including a description of
the nature of the operation, hours of operation, provisions for parking
and traffic; and
[b]
Plans to avoid the deleterious
secondary impacts associated with adult uses, including increased
crime rates, depreciation of property values, deterioration of community
character and adverse impact on the quality of life in surrounding
residential areas.
[4]
Before issuing a special permit, the Planning
Board shall find and determine that:
[a]
The proposed location of the use
is in compliance with all setback requirements from sensitive, residential
or other land uses;
[b]
The proposed location of the adult
use has adequate parking and access, including adjoining streets and
highways, sufficient to handle increased traffic from the use;
[c]
Adjoining properties, highways
and streets, and residential areas, particularly existing residences
and sensitive uses, are adequately buffered from any potential adverse
impacts associated with adult uses, including excessive noise, lighting
or other visual impacts, and traffic; and
[d]
The applicant's plan to avoid the
deleterious secondary impacts associated with adult uses is adequate.
(d)
Standards for adult businesses.
[1]
Adult bookstores are permitted only in the B-2
District with frontage on Route 32, upon issuance of a special permit,
subject to the following standards and all other relevant requirements
of this Zoning Law:
[a]
Such use shall not be located within
100 feet of a residential zoning district.
[b]
Such use shall not be located within
500 feet of a school, library, religious institution, day-care facility,
hospital, community center or public park.
[c]
Such use shall not be located within
500 feet of another adult business.
[d]
Such use shall not be located in
any building or on any lot of which any portion is used for residential
purposes.
[2]
Adult businesses other than adult bookstores
are permitted only in the I-1 District, upon issuance of a special
permit, subject to the following standards and all other requirements
of this Zoning Law.
[a]
Such uses shall not be located
on a lot within 100 feet of the boundary of any residential district.
[b]
Such uses shall not be located
within 1,000 feet of a school, library, religious institution, day-care
facility, hospital, community center or public park.
[c]
Such uses shall not be located
within 500 feet of a similar use.
[d]
Such uses shall not be located
in any building or on any lot of which any portion is used for residential
purposes.
[e]
Such use shall have direct vehicular
access from a state or county road.
[3]
No adult business shall be conducted outside
the walls of a fully enclosed structure or in any manner that permits
the observation of any material depicting, describing or relating
to specified sexual activities or specified anatomical areas from
the exterior of the building in which the use is located. This provision
shall apply to any display, decoration, sign, show window, screen
or other opening.
[4]
Loudspeakers or similar audio equipment used
to describe or discuss specified anatomical areas or sexual activities
shall not be audible from the exterior of the building in which it
is located.
(e)
Annual review and renewal of special permit.
[1]
Annual report. The Building Inspector or his/her
designee shall be responsible for conducting an annual review of adult
uses operating under special use permits, no later than one month
before the anniversary of permit expiration, and shall report his/her
findings to both the owner and the Planning Board. In conducting such
review, the following issues shall be considered:
[a]
Compliance with the approved special
use permit, site plan, and operating standards; and
[b]
Nature and frequency of emergency
calls and neighbor complaints, if any; and
[c]
Compliance with other regulating
authorities, including, but not limited to, State Liquor Authority
and the Ulster County Board of Health. The fee for annual review shall
be determined by resolution of the Town Board. Upon receipt of such
fee, the Building Inspector or his/her designee shall certify to the
Planning Board in writing that the adult use is in compliance with
the approved site plan and operating standards for the special use
permit.
[2]
Noncompliance. If the Building Inspector determines
that the adult business is not in compliance with the conditions and
operating standards of the special use permit, the Building Inspector
shall direct the owner/operator to bring the operation into compliance.
If the operation is not brought into compliance within 30 days, the
Building Inspector shall commence proceedings to terminate the special
permit. If the Building Inspector determines that there is an immediate
danger to the health, safety and welfare of the area due to such noncompliance,
the Building Inspector may suspend the special permit without notice.
[3]
Special use permit renewal.
[a]
Special use permits issued for adult uses shall be subject to annual renewal as provided under this Subsection D(16). The application for renewal of the special use permit shall be submitted, with any required fee, to the Building Inspector at least one month prior to the expiration of the permit, in which case the expiration date of the permit shall be extended until the date of the Planning Board's action on the application for renewal. Failure to submit such renewal application may be grounds for termination of the special use permit for noncompliance.
[b]
Upon receipt of an application
for renewal, the Building Inspector shall conduct an inspection and
prepare a report to the Planning Board as to the applicant's compliance
with the Town Code and with the conditions and operating standards
of the special use permit. The Planning Board shall consider reports
of the Building Inspector, Town Engineer and any other Town departments.
In the event that noncompliance issues or violations are discovered,
the Planning Board shall provide notice to the special use permit
holder, prior to any action to terminate or renew the special permit.
An application for renewal shall be approved when the Planning Board
determines that the management and operation of the adult use has
conformed with the requirements of the Town Code, the conditions of
the special use permit and with site plan approval. In the event that
the Planning Board approves the renewal application with modifications
or denies approval, it shall make specific findings as to the grounds
for its action. The Planning Board Clerk shall file a copy of the
Planning Board determination, together with any conditions of approval
with the Town Clerk and the Building Inspector, and mail a copy to
the applicant within five business days of filing with the Town Clerk.
(f)
Distance measurements. For the purposes of this
chapter, distance measurements shall be made in a straight line, without
regard to intervening structures or objects, from the nearest part
of the portion of the building or structure used as an adult business
establishment to the nearest property line of the premises of a church,
school, public park or public recreation area or to the nearest boundary
of a residential zoning district.
(g)
Exclusions. The provisions of this Subsection D(16) shall not apply to licensed or accredited schools or museums, or to private artists' studios or galleries not open to the general public, or to activities in a private residence by the occupants thereof.
(h)
Preexisting adult businesses. Any adult business existing as of the effective date of this Subsection D(16) shall be deemed a nonconforming use and shall be subject to all conditions and provisions relating to nonconforming uses in the Town of Rosendale as set forth in Article VI of the Code of the Town of Rosendale.
E.
Additional conditions. In issuing a special use permit,
the Planning Board may require any walks, fences or landscaping or
attach such condition which it deems necessary to protect the value
of adjacent properties or to prevent any hindering of the appropriate
use of adjacent land.
[Added 12-13-2006 by L.L. No. 8-2006]
A.
AGRICULTURAL ACTIVITY
APPLICANT
BUILDING
CHANNEL
CLEARING
DEDICATION
DEPARTMENT
DESIGN MANUAL
DEVELOPER
EROSION CONTROL MANUAL
GRADING
IMPERVIOUS COVER
INDUSTRIAL STORMWATER PERMIT
INFILTRATION
JURISDICTIONAL WETLAND
LAND DEVELOPMENT ACTIVITY
LANDOWNER
LICENSED PROFESSIONAL
MAINTENANCE AGREEMENT
NONPOINT SOURCE POLLUTION
PHASING
POLLUTANT OF CONCERN
PROJECT
RECHARGE
SEDIMENT CONTROL
SENSITIVE AREAS
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL
SEPARATE STORMWATER SEWER SYSTEMS GP-02-02
STABILIZATION
STOP-WORK ORDER
STORMWATER
STORMWATER HOTSPOT
STORMWATER MANAGEMENT
STORMWATER MANAGEMENT FACILITY
STORMWATER MANAGEMENT OFFICER
STORMWATER MANAGEMENT PRACTICES (SMPS)
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
STORMWATER RUNOFF
SURFACE WATERS OF THE STATE OF NEW YORK
WATERCOURSE
WATERWAY
Definitions. The terms used in this section and Chapter 74, Stormwater Management, or in documents prepared or reviewed under this section and Chapter 74, Stormwater Management, shall have the meaning as set forth in this subsection:
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
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 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, most
recent version, including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
A person who undertakes land development activities.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue
Book."
Excavation or fill of material, including the resulting conditions
thereof.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelts 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."
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 person currently licensed to practice engineering in New
York State, a registered landscape architect or a certified professional
in erosion and sediment control (CPESC).
A legally recorded document that acts as a property deed
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 and 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 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.
B.
Stormwater pollution prevention plans.
(1)
Stormwater pollution prevention plan requirement.
No application for approval of a land development activity (land disturbance
of equal to or greater than one acre) shall be reviewed until the
Planning Board has received a stormwater pollution prevention plan
(SWPPP) prepared in accordance with the specifications in this section.
(2)
Contents of stormwater pollution prevention plans.
(a)
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 offsite 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;
[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; and
[16]
Any existing data that describes
the stormwater runoff at the site.
[17]
Provide GPS (Global Positioning
System) reference data for stormwater outfalls and permanent structures
built in accordance with the New York State Stormwater Management
Design Manual.
[Added 12-12-2007 by L.L. No. 5-2007]
(b)
Land development activities as defined in Subsection A of this section and meeting Condition "A," "B" or "C" below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Subsection B(2)(c) below as applicable:
[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
activity 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.
(c)
SWPPP requirements for Conditions A, B and C:
[2]
Description of each postconstruction stormwater
management practice.
[3]
Site map/construction drawing(s) showing the
specific location(s) and size(s) of each postconstruction 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 postdevelopment stormwater runoff
conditions with predevelopment conditions.
[6]
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice.
[7]
Maintenance schedule to ensure continuous and
effective operation of each postconstruction 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.
(3)
Plan certification. The SWPPP shall be prepared by a licensed professional or the property owner and must be signed by the property owner, who shall certify that the design of all stormwater management practices meet the requirements and technical standards in this section and Chapter 74, Stormwater Management. If the plan does not meet the technical standards listed in Subsection C, then a licensed professional must certify the plan. The licensed professional can be either a licensed engineer in New York, a registered landscape architect or a certified professional in erosion and sediment control (CPESC). The licensed professional and property owner must sign the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that false statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the Penal law."
(4)
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.
(5)
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.
(6)
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.
C.
Performance and design criteria for stormwater management
and erosion and sediment control. All land development activities
shall be subject to the following performance and design criteria:
(1)
Technical standards. For the purpose of this section and Chapter 74, Stormwater Management, 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 section and Chapter 74, Stormwater Management:
(a)
The New York State Stormwater Management Design
Manual (New York State Department of Environmental Conservation, most
current version or its successor, hereafter referred to as the "Design
Manual".
(b)
New York Standards and Specifications for Erosion
and Sediment Control (Empire State Chapter of the Soil and Water Conservation
Society, 2004, most current version or its successor, hereafter referred
to as the “Erosion Control Manual.”
(2)
Water quality standards. Any land development activity
shall not cause an increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York. Schedule A provides a list of Stormwater Management Practices
Acceptable for Water Quality.[2]
[2]
Editor's Note: Schedule A is included at the end of this chapter.
D.
Maintenance and repair of stormwater facilities.
(1)
Maintenance during construction.
(a)
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 section and Chapter 74, Stormwater Management. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
(b)
The applicant or developer or his or her 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 and also copied to
the site logbook.
(2)
Maintenance easement(s). Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, 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 provide for access to the facility at reasonable times for periodic inspection by the Town of Rosendale to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this section and Chapter 74, Stormwater Management. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Town of Rosendale.
(3)
Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this section and Chapter 74, Stormwater Management, shall operate and maintain the stormwater management practices to achieve the goals of this section and Chapter 74, Stormwater Management. Proper operation and maintenance also includes, as a minimum, the following:
(a)
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 section and Chapter 74, Stormwater Management.
(b)
Written procedures for operation and maintenance
and training new maintenance personnel.
(4)
Maintenance agreements. The Town of Rosendale shall
approve a formal maintenance agreement for stormwater management facilities
binding on all subsequent landowners and recorded in the office of
the County Clerk as a deed restriction on the property prior to final
plan approval. The maintenance agreement shall be consistent with
the terms and conditions of Schedule B of this section, entitled "Sample
Stormwater Control Facility Maintenance Agreement."[3] The Town of Rosendale, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this section and Chapter 74, Stormwater Management, and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
[3]
Editor's Note: Schedule B is included at the end of this chapter.
[Added 4-1-2015 by L.L.
No. 1-2015]
A.
Purpose and objectives.
(1)
Purpose. The purpose of an Economic Enterprise Overlay (EEO)
Zone is to foster economic development, diversification of land uses
and employment generation through the reuse and/or redevelopment of
underutilized properties. Development is encouraged to follow a mixed-use,
compact pattern that is sensitive to the environmental characteristics
of the land and adheres to the goals and objectives contained in the
Town's Comprehensive Plan and follows the Route 32 Corridor Commercial/Industrial
Design Guidelines. It is the intent of the EEO to promote flexibility
in the development process while integrating a diversity of land uses
within close proximity to each other.
(2)
The EEO permits a broad range of uses that work in harmony to
accomplish the following objectives:
(a)
Active utilization and reinvestment in underutilized properties,
including adaptive reuse;
(b)
Enhance the variety and availability of employment, service,
retail, residential and civic facilities;
(c)
Ensure development operates in harmony within the surrounding
neighborhood and/or hamlet;
(d)
Ensure valued natural features and undisturbed areas are protected
and incorporated into the open space of the development;
(e)
Develop well-configured public spaces that are woven into the
pattern of the development and dedicated to the social interaction,
recreation and visual enjoyment of residents;
(f)
Design civic buildings, open spaces, and other visual features
to act as landmarks, symbols and focal points for community identity;
(g)
Foster the compatibility of buildings and other improvements
through their arrangement, bulk, form, character, and landscaping;
(h)
Design the public and private realms using architecture, landscaping
and other elements that respond to the unique character of the region;
(i)
Adaptively reuse structures and associated lands to protect
against abandonment and general vacancy of structures.
B.
Regulations and procedures.
(1)
Application and approval procedure.
(a)
The application for and approval of an EEO shall be treated as a legislative act and an amendment to the Town of Rosendale Code Chapter 75, Zoning.
(b)
The application for and approval of an EEO shall follow the procedures for zoning amendment outlined in Article IX of this chapter, as well as the procedures required under the New York State Environmental Quality Review Act (SEQRA).
(c)
A complete application pursuant to Subsection B(2) of this section shall be submitted prior to consideration by the Town Board.
(d)
The Town Board reserves the right to consider or not consider
any petition submitted under this section.
(e)
The adaptive reuse of structures and associated lands containing
said structures shall be permitted under this section.
(f)
Upon approval of an EEO by the Town Board, the applicant shall be required to apply to the Town of Rosendale Planning Board for site plan approval. This submission shall include all documents, plans and items required under conformance with § 75-40C of this Code. The Planning Board shall review said application pursuant to this chapter and by New York State Town Law § 274-a.
(2)
Information to be provided.
(a)
Applications for the establishment of an Economic Enterprise
Overlay Zone by amendment to the Zoning Map shall be made in writing
to the Town Board, by the owner(s) of the land proposed to be included
in such district or by a person who possesses written contract or
option rights to purchase such lands. In the event that the application
is made by a person holding contract or option rights to purchase
the lands, the application shall be accompanied by a statement signed
by the owner(s) granting authority on the part of the applicant to
make the application.
(b)
The application shall include:
[1]
A description of the existing economic and land use opportunities
for the property as currently zoned and/or developed;
[2]
An explanation of why and/or how currently permitted uses and/or
regulations restrict the highest and best use of the property;
[3]
A description of how the proposed project and land uses are
in conformance with the Town of Rosendale Comprehensive Plan;
[4]
A description of how the proposed project and land uses are
compatible with adjacent existing land uses and those reasonably anticipated
in the future;
[5]
The selection of an EEO district type;
[6]
A full environmental assessment form;
[7]
A conceptual development plan of sufficient detail as shall
be determined by the Town Board. The conceptual development plan shall
consist, at a minimum, of the following:
[a]
A metes and bounds description of the proposed
district;
[b]
A survey of the land prepared and certified to
the Town of Rosendale by a licensed land surveyor;
[c]
A map drawn to scale showing existing conditions
of the parcel, including:
[i]
The name and address of the owner of record, and
the name and address of the applicant, if not the owner of record;
[ii]
The name of the person or firm preparing the plan;
[iii]
The date, North arrow and scale of the plan;
[iv]
The acreage of the parcel and the tax map number(s)
of the parcel;
[v]
The location and width of existing and proposed
state, county or Town highways or streets and rights-of-way abutting
the parcel;
[vi]
The approximate location and outline of existing
structures both on the parcel and within 100 feet of the property
line;
[vii]
The location of any existing storm or sanitary
sewers, culverts, waterlines, hydrants, catch basins, manholes and
other visible infrastructure as well as other utilities within or
adjacent to the parcel;
[viii]
The existing zoning of the parcel;
[ix]
The approximate location and outline of existing
water bodies, streams, marshes or wetland areas and their respective
classification as determined by the appropriate governmental regulatory
body;
[x]
The approximate boundaries of any areas subject
to flooding or stormwater overflows;
[xi]
The location and outline of existing vegetation
clusters (for a distance of 50 feet onto 'adjoining property);
[xii]
The identification of any other significant features.
[d]
The conceptual, development plan, drawn approximately to scale,
shall clearly show the following:
[i]
The approximate location and dimensions of proposed
principal and accessory buildings on the site and their relationship
to one another, and to other structures in the vicinity;
[ii]
The approximate location and dimensions of vehicular
traffic circulation features of the site, including proposed roadways,
internal driveways, parking and loading areas and proposed access
to the site;
[iii]
The proposed source of water supply and method
of delivery to the site;
[iv]
A general plan for the collection and disposal
of sanitary waste from the site;
[v]
A general plan of proposed stormwater management
facilities;
[vi]
Preliminary identification of areas which will
be disturbed and areas which will remain undisturbed by project implementation.
(3)
Town Board review.
(a)
In its review of the application, the Town Board may suggest
such changes in the conceptual plan as are found necessary or desirable
by the Town Board in order to meet the requirements of this section.
The Town Board may notify the applicant of such changes and may discuss
such changes with the applicant. The suggestion of changes by the
Town Board shall not constitute a waiver of its legislative discretion
to reject or deny the rezoning application.
(b)
Discretion to reject application or hold public hearing.
[1]
The Town Board shall have the discretion to reject the application
or to hold a public hearing with regard to the rezoning application.
[2]
If the Town Board decides to hold a public hearing to consider
the rezoning of a property, the application shall be referred to the
Town of Rosendale Stormwater Officer and the Town of Rosendale Building
Inspector who shall each make a recommendation to the Town Board within
30 days of receipt of the application, and to the Town of Rosendale
Planning Board and the Ulster County Planning Board for recommendations
as provided in this chapter and General Municipal Law.
[3]
If the Town Board elects to hold a public hearing, the Town
Clerk shall provide notice of said hearing to the owners of all parcels
located within 500 feet of the subject property, and shall publish
proper legal notice of the time and place of the public hearing.
[4]
Following the public hearing the Town Board may, in its sole
legislative discretion, act to approve, approve with modification
or conditions, or disapprove the rezoning application. Approval shall
result in amendment to the Zoning Map.
(c)
In determining whether to approve the application for an EEO
District the Town Board shall consider the public health and welfare
of the surrounding area, together with the following criteria, and
the intent and objectives of this section:
[1]
Whether an undesirable change will be produced in the character
of the neighborhood or a detriment to the nearby properties will be
created by the creation of a district on the property;
[2]
Whether the site is located in an area suitable for the proposed
elimination of nonconformity or readaptation of buildings and site
development so as to be reasonably free of objectionable conditions
such as odors, noise, dust, air and light pollution; traffic volumes
beyond the capacity of the existing road systems or proposed road
improvements, and other environmental constraints;
[3]
Whether the site will have adequate water and sewer facilities;
[4]
The recommendation of the Town Stormwater Officer;
[5]
Whether the site is located in a manner that allows access to
the site from a public street with adequate site distances and that
meets current engineering standards of the Town;
[6]
Whether the readaptation or modification of the site shall produce
undue adverse effects on the surrounding neighborhood.
(4)
Planning Board review.
(a)
Following a zoning amendment to create an EEO District, site
plan review and approval by the Planning Board shall be required prior
to the issuance of a building permit for any readaptation or modification
of development of the property.
(b)
The Planning Board shall not approve any site plan or special
use permit within an EEO District unless such Board finds that the
plan is in substantial conformance with the conceptual development
plan that was submitted to the Town Board and that served as the basis
for the zone change to the EEO District.
(5)
Regulations.
(a)
Location and underlying zoning.
[1]
Lands bordering the NYS Route 32 from the Town boundary line
with the Town of Esopus to the Town boundary line with the Town of
Ulster and all school buildings and churches no longer being used
for educational or religious purposes, regardless of location or zoning
district, may apply to use the EEO option.
(b)
District size limitations.
[1]
An EEO shall include parcels in their entirety and the perimeter
of EEO districts shall be coterminous with the platted property lines
of those parcels included in said district. In the event that an applicant
wishes to use multiple parcels in its application, said parcels must
be combined prior to the Zoning Map being amended.
[2]
The amount of land allocated to particular land use categories
excludes streets, alleys, open spaces, drainage controls and stormwater/water
quality controls.
[3]
No land shall be designated for an EEO if in the opinion of
the Town Board it is too small, too narrow in width, too irregular
in shape or with topography too excessive to be planned and developed
in a manner consistent with the purpose and objectives of the EEO.
[4]
The Town Board may set lot size requirements to assure that
the proposed development is in accord with the Town's Comprehensive
Plan and in concert with the character of the neighborhood.
(6)
Modifications.
(a)
Any further proposed change in use of a property that does not
comply with the underlying zoning for the property shall be required
to go back before the Town Board for review pursuant to the provisions
of this section.
(b)
Following initial construction and occupancy, any changes other than use changes shall be considered as a request for a site plan amendment under § 75-40C(3)(h) of this chapter.
C.
Districts, land use allocation and permitted uses.
(1)
Overlay district types and requirements.
(a)
The EEO District shall permit Economic Development and Community
Development Overlays to provide enhanced flexibility while permitting
the mixing of compatible uses within the community.
(b)
No property may be located in greater than one (1) EEO overlay.
(c)
Each lot within an EEO shall be allocated to a specific district
and land use category at the time of application.
(d)
The Town Board may modify the following land use allocations
to achieve the purpose and objectives of the EEO and the Town's Comprehensive
Plan.
(e)
Adaptive reuse of existing structures and associated lands shall
be permitted subject to the review criteria set forth within these
EEO regulations.
(2)
Economic Development District.
(a)
Purpose.
[1]
Economic development (ED) overlays are intended to promote expanded
employment opportunities and capital investments within the commercial,
residential and light industrial sectors of the economy, including
agricultural industries. ED overlays may be granted for lands bordering
New York State Route 32.
(3)
Community Development District.
(a)
Purpose.
[1]
Community development (CD) overlays are intended to promote
economic development while improving the diversity and quality of
the commercial, civic and residential sectors servicing the Rosendale
community. CD overlays may be granted in any zoning district, at any
location, for the adaptive reuse of school and church buildings.
D.
Design requirements.
(1)
Bulk and use table.
(a)
Former school and church buildings may reuse the existing footprints
of buildings but cannot increase the height of the buildings. Former
school and church buildings can be modified to add additional stories
where the existing height of the building allows for such modification.
(b)
Development may take place on the existing development footprint
regardless of such footprint's location. Expansion of development
beyond the existing development footprint, or relocation of a development
footprint, of any qualifying property shall be allowed if such expansion
or relocation is approved by the Town Board based on the layout and
limitations of the site, and additionally; any such expansion must
be approved by the Planning Board in the site plan review process.
The Planning Board shall not be obligated to grant such expansion
if it determines that the proposed expansion is inappropriate for
the site.
(c)
The Town Board and the Planning Board may grant waivers of density
and bulk requirements for the property, if deemed appropriate for
the redevelopment of the property.
(d)
Density of existing structures may be maximized in accordance
with existing New York State building codes.
(2)
Design standards.
(a)
The Route 32 Corridor Commercial/Industrial Design Guidelines
shall be utilized for all commercial and industrial land uses as indicated
in this chapter.
(b)
Where conflicts or ambiguity exist between requirements of this
section, the Route 32 Corridor Commercial/Industrial Design Guidelines
and/or other sections of this chapter, the more stringent, constraining
and/or proscriptive shall be utilized to the extent practicable as
determined by the Town Board. Notwithstanding the above, the guidelines
and chapter sections may be waived where deemed appropriate by the
Town Board in review of the projects for redevelopment of preexisting
structures.
(c)
Access, circulation and parking.
E.
Time limit on validity of zoning. Any zoning permitted by this section
shall be null and void and the zoning of the parcel shall revert back
to its original zoning classification, unless actual construction,
pursuant to an approved site plan and a valid building permit, is
commenced within two (2) years from the date of adoption by the Planning
Board of a resolution of site plan approval following the rezoning.
F.
Fees.
(1)
Fees. An application shall be accompanied by an application
fee as prescribed, from time to time, by resolution of the Town Board.
(2)
If professional review of the application is required by a designated
private planning, engineering, legal or other consultants or, if other
extraordinary expense to review documents or conduct special studies
in connection with the proposed application is incurred, reasonable
fees shall be paid for by the applicant, through an escrow account
established by the applicant and the Town. An escrow agreement shall
be signed by the applicant and a payment shall be made to the Town
prior to the review of any application materials by the Town's consultant(s).
(3)
Applicant will be responsible for payment of all fees associated
with the application, including, but not limited to, mailing and publication
fees.
[Added 3-7-2024 by L.L. No. 4-2024]
A.
Purpose and intent. It is the specific purpose of this section to
aid the general welfare of the Town by providing a variety of housing
opportunities; particularly:
(1)
For our residents to "age in place";
(2)
To create housing expansion for our local workforce;
(3)
To provide options for young and older families;
(4)
To allow the more efficient use of the Town's existing
stock of dwellings and accessory structures;
(5)
To provide economic support for resident families of limited
income; and
(6)
To protect and preserve property values while preserving the
rural character of the Town.
B.
ACCESSORY DWELLING UNIT (ADU)
FLOOR AREA, GROSS
HABITABLE SPACE
PRIMARY DOMICILE
PRINCIPAL DWELLING
Definitions. As specifically apply to this subsection:
A subordinate dwelling unit located either within a principal
residential dwelling (inclusive of garage if attached thereto), or
within an approved detached accessory structure, having its own ingress
and egress and providing independent living facilities for one or
more persons, including provisions for sleeping, eating, cooking,
and sanitation. All ADUs shall meet the requirements of habitable
space as defined by the New York State Uniform Fire Prevention and
Building Code.
The sum of the gross horizontal areas of the several floors
of the building or buildings on a lot measured from the exterior faces
of exterior walls or from the center line of party walls separating
two buildings, excluding cellar and basement areas used only for storage
or for the operation and maintenance of the building.
Space occupied within a dwelling unit for the purposes of
living as defined by requirements of the NYS Building Code.
A resident's true, principal, and permanent home and
a legal construct used to determine where a resident votes, files
lawsuits, pays taxes, claims benefits, and obliges governmental authority.
The primary residential building of a parcel arranged, intended,
designed, or used as the living quarters, including kitchen facilities,
for one or more families living independently of each other upon the
premises.
C.
Authorization. The Town Board authorizes the Code Enforcement Officer
to issue a zoning determination to property owners per the provisions
of this section. All accessory dwelling units are subject to requirements
for residential building permits.
D.
Zoning districts. Accessory dwelling units as defined herein shall
be permitted in all zoning districts other than the I-1 District,
as a permitted accessory use to a principal permitted single- or two-family
dwelling. To apply for a permit, the accessory dwelling unit shall
be located on the same parcel as the principal residential dwelling.
In the determination of permitting, the construction or conversion
intended to create an accessory dwelling unit shall demonstrate that
it is clearly incidental and secondary to the primary residential
dwelling. The accessory dwelling unit shall always be considered an
accessory use and subordinate to the principal dwelling.
E.
Lot requirements.
(1)
The following lot requirements shall apply:
(a)
ADUs shall not be subject to any additional density requirements.
A detached structure or expansion of the footprint of the principal
dwelling where an accessory dwelling unit is proposed shall conform
with the setback, lot coverage, and height requirements of the zoning
district in which it is located, and shall be subject to site plan
review.
(b)
Accessory dwelling units proposed where the principal dwelling
is located on a lot nonconforming with regards to lot size may be
permitted, subject to site plan review.
(c)
An ADU shall not be permitted in an existing garage or shed/outbuilding
unless it meets all setbacks for the district in which it is situated,
or a variance is obtained.
(d)
An ADU constructed entirely within the interior of an existing
principal dwelling shall be allowed as a principal use.
(e)
All other standards of the schedule of district regulations
shall apply.
(2)
Provisions for parcels large enough to accommodate multiple
principal uses. When constructing a new dwelling unit on lot that
contains an existing dwelling unit, and where sufficient acreage exists
to support multiple principal uses, the owner can specify whether
the new unit is to be constructed under the provisions governing ADUs,
or as an additional principal dwelling. Principal dwellings are subject
to the bulk density requirements of the underlying zoning district
where they are located.
G.
Owner occupancy. The owner of the parcel on which an accessory dwelling
unit is located shall maintain their primary domicile in either the
principal dwelling or the accessory dwelling unit.
I.
Minimum gross floor area. An accessory dwelling unit shall meet the
minimum square footage as meets the NYS Uniform Fire Prevention and
Building Code and shall not exceed the gross floor area of the principal
dwelling unit.
J.
Number of accessory apartments. A maximum of one accessory dwelling
unit shall be permitted on each qualifying parcel. Additional dwelling(s)
on a lot which meets area/bulk requirements shall be considered a
principal dwelling unit and subject to the lot development standards
for the zoning district in which it is located.
K.
Construction. Both the accessory dwelling unit and the principal
dwelling shall meet the requirements of New York State Uniform Fire
Prevention and Building Code and New York Department of Health Code.
For the purposes of this code, accessory dwelling units shall have
a maximum number of two bedrooms.
L.
Water and septic.
(1)
Ulster County Department of Health approval of the adequacy
of septic must be obtained prior to the issuance of a building permit,
for properties outside of sewer districts.
(2)
The water system shall connect to the system of the principal
dwelling, if same is outside of a water district, unless a letter
is presented, signed and sealed by a licensed engineer, certifying
that such connection is not feasible. A new, adequate water source
must be established prior to the issuance of a building permit.
M.
Parking. Off-street parking as required by § 75-19 shall be provided, with a minimum of one space for the ADU and such parking shall not be located in the front yard setback. Additional driveways are discouraged where it is possible to use a single driveway. Any driveway that provides access to a single dwelling unit and a single associated ADU shall not be considered a shared driveway.
N.
Cap of accessory dwelling unit permits. The Town Board shall have
the ability to institute a cap on the number of permits issued on
ADUs annually through resolution.
[Added 3-7-2024 by L.L. No. 5-2024]
A.
Purpose.
(1)
With the increase in tourism over the past several years in
the Town of Rosendale and adjacent areas, there has been an increase
in the number of property owners renting to tourists on a short-term
transient basis. Many residents list their properties as short-term
transient rentals on web-based booking sites such as Airbnb and VRBO.
Short-term transient rentals offer many benefits to property owners
and residents in our Town, such as increased income; however, they
may create potential health, safety, and quality-of-life detriments
to the community. In recognition of the widespread popularity of short-term
transient rentals, and in recognition that many short-term transient
rentals are already operating in the Town, the purpose of this section
is to regulate the safety and use of short-term transient rentals
as home businesses in line with the goals of the Town Comprehensive
Plan.
(2)
The following section imposes mandatory regulations and requirements
on all Town of Rosendale property owners that desire to rent on a
short-term transient basis their property. The purpose of such regulations
and requirements is to assure that the properties being rented meet
certain minimum safety and regulatory requirements which are proportional
to those imposed on similar uses such as bed-and-breakfasts, inns,
motels, and hotels, thereby protecting the property owners, occupants
of such housing and the residents of the Town of Rosendale.
B.
Authorization. This section is adopted in accordance with Article
16 of the Town Law of the State of New York which grants the Town
of Rosendale the authority to enact sections for the purpose of promoting
the health, safety, and welfare of the Town, and in accordance with
Municipal Home Rule Law Article 2, § 10, that gives the
Town of Rosendale the power to protect and enhance its physical environment.
The Town Board authorizes the Code Enforcement Officer to issue permits
to property owners to use their properties as a short-term transient
rental per the provisions of this section. Applications for a permit
to operate a short-term transient rental shall be processed under
the procedures set forth in this section.
C.
Zoning. The use of a property for short-term transient rental shall
be strictly considered an accessory use to residential use single-family,
two-family, and multifamily dwelling units and allowable only upon
receipt of a short-term transient rental permit in the A, A-1, B-1,
B-2, R-1, R-2, R-2a, and R-3 zoning districts. To apply for a permit,
a parcel must contain a residential dwelling unit.
D.
Density. Existing short-term transient rental units shall meet all
density and setback requirements for the zoning district unless they
are preexisting nonconforming structures. New construction dwelling
units shall meet density and setback requirements for the zoning district.
E.
Prohibitions. The following parcels shall be prohibited from being
issued permits to operate short-term transient rentals:
(1)
Accessory dwelling units for which a permit was granted less
than 10 years prior to use as a short-term rental.
F.
ACCESS
CAMPING
DENSITY
DWELLING UNIT
EXISTING SHORT-TERM TRANSIENT RENTAL
HOUSE RULES
LOCAL MANAGER
NEW OPERATING SHORT-TERM TRANSIENT RENTAL
NON-OWNER-OCCUPIED
OWNER-OCCUPIED
PRIMARY RESIDENCE
RENTAL
RENTED IN PART
RENTED IN WHOLE
SECONDARY DWELLING UNIT (ADU)
SHORT-TERM TRANSIENT RENTAL (STR)
SHORT-TERM TRANSIENT RENTAL UNIT
SLEEPING ROOM
VACANT PROPERTY
Definitions. As specifically apply to this subsection:
The place, means, or way by which pedestrians and/or vehicles
shall have safe, adequate, and usable in gress and egress to a property,
structure, or use.
The use of a property as a site for sleeping outside; or
the parking of travel trailers or similar equipment, the erection
of tents or other shelters, to serve as temporary residences.
The number of families, individual dwelling units or principal
structures per unit of land.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family, including any
domestic servants employed on the premises, and having no enclosed
space (other than vestibules, entrance or other hallways or porches)
or cooking or sanitary facilities in common with any other dwelling
unit.
A short-term transient rental, as defined herein, which is
in operation as of December 31, 2023.
A set of rules that applies to renters of short-term transient
rentals while occupying the unit.
The person specifically named on the application and permit
that is responsible for the day-to-day operation of the short-term
transient rental, and who may be contacted, day or night, if there
is a problem at the short-term transient rental. The local manager
may be either the owner or an agent of the owner. The local manager
must respond to the property within 30 minutes if called upon.
A short-term transient rental not in operation prior to March
6, 2024.
An STR unit that does not qualify as owner-occupied.
An STR unit that is the primary residence of the owner for
at least 180 days in the calendar year, or the owner is present in
the dwelling or is present on the same parcel while the residence
is being used as a short-term rental.
A person's domicile where they usually live in the Town
of Rosendale, whether on a full-time or part-time basis for at least
180 days in the calendar year, typically a house including any habitable
accessory structures on the same property. This includes secondary
dwelling units located on the same parcel.
An agreement granting use or possession of a residence, in
whole or in part, to a person or group in exchange for consideration
valued in money, goods, labor, credits, or other valuable consideration.
An STR in a primary residence, as defined above, that is
being occupied in part by the owner and in part by STR guest(s), simultaneously.
An STR in a dwelling unit that is being occupied entirely
by STR guests for the rental duration.
An attached or detached secondary residential dwelling unit
that shares the building lot of a larger, primary home, including
having separate cooking and sanitary facilities.
The use of a parcel for the rental or lease of any or part
of any residential use single-family, two-family, and multifamily
dwelling units, for a period of less than 30 days, to one entity;
motels, hotels, resorts, inns, and bed-and-breakfasts, as defined
in this chapter, are excluded from this definition.
A dwelling unit utilized for the purposes of short-term transient
rentals.
An interior room other than a bedroom, as defined under the
NYS Uniform Fire Prevention and Building Code, that may serve to afford
sleep to a person; however, sleep shall not be the primary function
of the room. Examples include, but are not limited to, a living room,
family room, den or great room which may be furnished with a futon,
convertible couch, or other sleeping surface. All sleeping rooms shall
meet NYS Uniform Fire Prevention and Building Code man dates for bedrooms
(i.e., size, ceiling height, access, egress, lighting and ventilation,
electrical outlets, heat, and smoke and carbon monoxide alarms).
A parcel which does not contain a residential dwelling unit.
G.
Applicable law.
(1)
All property owners desiring to rent on a short-term transient
basis must comply with the regulations of this section. However, nothing
in this section shall alter, affect, or supersede any regulations
or requirements of the Town of Rosendale Zoning Code, any regulations
or requirements imposed by the County of Ulster, or any state or federal
regulations or requirements, and all property owners must continue
to comply with such regulations or requirements.
(2)
All short-term transient rental property owners shall obtain
a valid permit from the Code Enforcement Officer before operation.
Such permits shall be applicable for a two-year period, subject to
annual fire and safety inspection.
H.
Ownership of properties.
(1)
Properties must be owned by an individual, individuals, sole
proprietorship, general partnership, limited liability partnership,
limited liability company, or family trust.
(2)
A general partnership, limited liability partnership, a limited
liability company, or a family trust must disclose names of all partners,
members, and/or trustees when applying. Any changes in partners and/or
members shall be provided to the Code Enforcement Department within
30 days of change.
(3)
No owner entity composed of similar individuals may hold permits
for greater than two properties at any given time, one owner-occupied
and one non-owner-occupied STR. Multiple permits on the same property
shall count as one for the purposes of this section of the Code.
I.
Designation of STR properties. All short-term transient rentals shall
be designated as owner-occupied, or Non-owner-occupied, as defined
herein.
J.
Application of law to existing short-term rentals.
K.
Fee. A nonrefundable permit application fee and inspection fee shall
be established by resolution of the Town Board for each dwelling unit
that functions as or contains a short-term transient rental unit.
Such permit fee shall be submitted with each new application and each
biennial renewal application.
L.
Application forms. Application forms for a permit to operate a short-term
transient rental shall be developed by the Code Enforcement Office.
M.
Applicants must file a separate application and tender a separate
application fee and obtain a separate permit and inspection for each
dwelling unit which contains or functions as a short-term transient
rental.
N.
Application process.
(1)
Applications to operate a new STR shall be available as of March
6, 2024. The initial permit application to operate a short-term transient
rental shall be submitted to the Code Enforcement Officer, along with
the applicable application fee, prior to operation.
(2)
The initial permit application shall include the following:
(a)
Contact information. The names, addresses, email address(es)
and day/night telephone numbers of the property owners and local managers
shall be included on the application.
(b)
Designation of the STR as owner-occupied or Non-owner-occupied,
as defined herein.
(c)
Designation of the STR as rented in part and/or rented in whole,
as defined herein.
(d)
Hosting platform information. The applicant shall provide the
names for all hosting platforms or other advertising platforms, such
as but not limited to Airbnb, VRBO or other hosting websites; and
Facebook, Instagram, or other social media postings used by the applicant
for advertisement of the short-term transient rental unit. Any changes
or additions to the listed hosting/advertising platform shall be reported
on the applicant's renewal permit.
(e)
Parking. The number of off-street parking spaces to be provided
shall be stated on the application. Off-street parking shall be provided
to accommodate the occupancy of the short-term transient rental unit,
one parking space for each sleeping room in the dwelling plus other
parking as required by Code. Vehicles shall not be parked on front
lawns. There shall be no on-street parking allowed. No parking shall
be allowed outside of the parking spots designated and detailed on
the permit. For short-term rental units located on Main Street, Rosendale,
the owner may seek a variance from the Zoning Board of Appeals for
additional space(s) in municipal parking lots, the event that they
are already utilizing eight spaces in such lots, notwithstanding the
requirement of this section.
(f)
Maximum occupancy. The maximum desired occupancy by the operator
shall be stated on the application. The Code Enforcement Officer shall
establish the maximum occupancy. The Code Enforcement Officer shall
limit the number of occupants based on the number, size, configuration,
and furnishings of the bedrooms and/or sleeping rooms, and per the
provisions of NYS Uniform Fire Prevention and Building Code.
(g)
Water and septic. The source of the water supply shall be stated
on the application and the permit. The septic system shall be functioning,
and the type, size, and location of the septic system shall also be
stated on the application.
(h)
Fire safety. Documentation of location and existence of fire
extinguishers in compliance with NYS Uniform Fire Prevention and Building
Code.
(i)
Description. Statement of the occupancy of each bedroom and
sleeping room and the methods of ingress and egress (examples: doors
and windows) shall be included with the application. No kitchen shall
be occupied for sleeping purposes. An interior floor plan shall be
provided with the application and, upon approval of a permit, must
be conspicuously posted in the interior of the building.
(j)
Plat. The applicant shall submit an aerial plat of the property
showing approximate property boundaries and existing features, including
buildings, structures, well, septic system, parking spaces, firepits/outdoor
fireplaces, driveways, streets, streams and other water bodies, and
neighboring buildings within 100 feet of the short-term transient
rental unit. This does not need to be a survey. This is easily obtained
free of charge from many online sources.
(k)
Garbage removal. The applicant shall state how garbage is to
be removed from the property. The applicant is responsible for all
refuse and garbage removal. The applicant shall be responsible for
either a) contracting with a refuse company or b) the owner or property
manager shall remove garbage on a weekly basis. If there is a dumpster
located on the property, the location of the dumpster shall be depicted
on the plat submitted with the application. All refuse containers
shall be reasonably secured and screened from neighboring properties.
No refuse containers shall be placed street side for more than a twenty-four-hour
period.
(l)
House rules. The applicant shall submit a copy of the house rules (see Subsection S below for required house rules).
(m)
Jurisdiction. If a property owner does not reside within 10
miles of the Town of Rosendale Town Hall, then they must designate
the local manager, as an agent who is able to respond to a call within
30 minutes.
(n)
All property owners must provide proof of landlord's insurance
with a liability limit of at least $1,000,000 to the Town Building
Department.
O.
Inspections.
(1)
Each short-term transient rental unit shall be inspected by
the Code Enforcement Officer or Fire Inspector to determine compliance
with the New York State Uniform Fire Prevention and Building Code.
Inspections shall be done for the initial permitting and biannually
thereafter. The owner shall consent to further inspection, for good
cause, upon a minimum of 24 hours' notice from the Code Enforcement
Office.
(2)
All STR units must comply with NYS Building Code requirements
and shall have no open violations. No initial or renewal permit shall
be issued without compliance with the elements of the submitted application.
P.
Application review. Upon receipt of the application and fee, the
Code Enforcement Officer shall determine if the applicant has complied
with all the requirements of this section as well as any federal,
state, county, or sections. If the applicant has fully complied, then
the Code Enforcement Officer shall issue the property owner a short-term
transient rental permit so long as Code Enforcement Officer inspections
have been completed and approved. No permit shall be issued until
inspection is completed and the short-term transient rental unit is
approved by the Code Enforcement Officer.
Q.
Renewal permits. The applicant will provide the Town of Rosendale
with any changes to the original underlying application for a short-term
transient rental permit, together with such additional documentation
as determined by the Code Enforcement Officer, all of which will be
on forms prescribed by the Code Enforcement Office, along with the
current application fee. Renewal applications shall never be subject
to any cap, provided the property remains under the same ownership.
Any applicant who applies for a short-term transient rental permit
and did not hold a permit for the immediate prior year shall be considered
a new applicant and not a renewal applicant. Permit holders shall
be able to apply for renewal permits beginning October 1 through December
1.
R.
General permit regulations.
(1)
The permit to operate a short-term transient rental in any given
year will expire two years from the date of issuance. The Building
Department may extend the permit length until the Department has the
opportunity to complete the annual fire inspection if the Code Enforcement
Officer deems such extension appropriate.
(2)
Copies of the permit must be displayed in the dwelling unit
in a place where it is easily visible to the occupants.
(3)
Permits for operation of a short-term transient rental may not
be assigned, pledged, sold, or otherwise transferred to any other
persons, businesses, entities, or properties.
(4)
All short-term rental properties shall have posted on or about
the inside of the front or main door of each dwelling unit a card
listing emergency contact information and a map showing egress routes
and location of safety equipment. Such information shall include,
but not be limited to, the name, address, email, and phone numbers
of the building owner, if local, or of a local manager and instructions
on dialing 911 for emergency/fire/ambulance assistance. A local manager
shall be able to respond in person within one hour.
(5)
Exterior advertising signs are prohibited, except an STR must
have the house number of the property clearly displayed.
(6)
No person or persons shall be housed separately and/or apart
from the approved dwelling unit in any temporary structure, tent,
trailer, camper, lean-to, recreation vehicle, "tiny-house," boat,
or non-dwelling unit.
S.
House rules. All short-term rental properties shall post for renters
of each dwelling unit a listing of house rules. House rules shall
incorporate, but not be limited to, the following:
(1)
An emergency exit ingress and egress plan.
(2)
The location of fire extinguishers.
(3)
Identify the property lines and a statement emphasizing that
unit occupants may be liable for illegal trespassing.
(4)
Identify the procedures for disposal of refuse/garbage.
(5)
If allowed by the property owner, specify outdoor fires shall
be made solely within a fireplace or fire pit in accordance with all
New York State burning regulations.
(6)
If allowed by the property owner, instructions for fires in
fireplaces or wood stoves. If not allowed by the property owner, a
statement stating as such.
(7)
Short-term transient rentals shall not be permitted to be used
for any commercial use or commercial event space.
(8)
No outdoor camping shall be allowed.
(9)
Parking shall be allowed solely in the designated parking spaces.
(10)
No space heaters and no lit candles shall be allowed in an STR.
(11)
Occupants of the short-term rental unit must comply with Town
noise standards. Said standards shall be posted with the house rules.
(12)
The number of occupants shall at no time exceed the number of
sleeping spaces as approved in the permit.
T.
Complaints.
(1)
Complaints regarding the operation of a short-term transient rental shall be in writing to the Code Enforcement Officer, or the Rosendale Police Department, using the complaint form available on the Town of Rosendale website. If the police respond to a complaint and find that there is a safety or imminent hazard issue at the property, the Police Department can suspend the permit for one week and shall refer the matter to the Town Building Department, who can proceed pursuant to Subsection T(2) below.
(2)
Upon receipt of a complaint of violation, the Code Enforcement
Officer shall investigate to determine the presence of a violation,
and, upon finding to his/her satisfaction that a violation was or
is currently occurring, he/she shall issue to the property owner and
the local manager a notice detailing the alleged violation(s) as determined
by the Code Enforcement Officer. Such notice shall also specify what
corrective action is required of the property owner, and the date
by which action shall be taken.
In the event that the Code Enforcement Officer finds that a
violation occurs which is an immediate safety threat to the occupants
of the STR or the neighbors, the Code Enforcement Officer may immediately
revoke the permit until such time as the violation is corrected and
such correction is approved by the Code Enforcement Officer.
(3)
Notices required by this section shall be issued by the Code
Enforcement Officer either by personal service to the property owner
and/or the local manager, if applicable, or by certified mail to the
address of the property owner and/or local manager as shown on the
permit application.
(4)
If the landowner does not comply with corrective action by the
date given by the Code Enforcement Officer, the Town of Rosendale
may initiate procedures to revoke the permit in a civil or criminal
action against the property owner or pursue any other relief permitted
by law.
(5)
Complaints can further lead to a denial of a renewal permit
until the violation is resolved.
[Added 2-14-2024 by L.L. No. 3-2024]
A.
Authorization. This section is authorized under New York State Cannabis
Law Article 6, § 131, and 9 NYCRR 119.
B.
Findings. The Town of Rosendale finds that the orderly development
of commercial business is essential to maintaining and protecting
the health, safety, and welfare of the residents of the Town. Businesses
which cater to adults should be located and regulated in order to
minimize the impact to residents and youth.
C.
Purpose.
(1)
To provide for the placement of adult-use cannabis retail dispensaries,
adult-use on-site cannabis consumption facilities, microbusinesses,
and registered organization with dispensing (ROD) facilities.
(2)
To minimize the adverse impacts of adult-use cannabis retail
dispensaries and on-site cannabis consumption facilities on residential
neighborhoods, schools, and other places where children commonly congregate.
(3)
To regulate the siting, design, placement, security, safety,
hours of operation, monitoring, and modification of adult-use cannabis
retail dispensaries and on-site cannabis consumption facilities.
D.
State approval. Any adult-use cannabis retail dispensary, adult-use
cannabis on-site consumption facility, microbusiness or ROD approved
pursuant to this section must be licensed in accordance with New York
State Cannabis Law Article 6 (adult-use cannabis).
E.
ADULT-USE CANNABIS RETAIL DISPENSARY
ADULT-USE ON-SITE CANNABIS CONSUMPTION FACILITY
MICROBUSINESS
REGISTERED ORGANIZATION WITH DISPENSING (ROD)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An entity or individual licensed to purchase and deliver
cannabis and cannabis products from cannabis establishments and to
deliver, sell or otherwise transfer cannabis and cannabis products
to cannabis establishments and to consumers.
An entity or individual licensed for the sale and on-site
consumption of cannabis products.
A business licensed by New York State engaged in the cultivation,
processing, distribution, retail sale and delivery of the licensee's
own cannabis products. An adult-use microbusiness must engage in cannabis
cultivation and at least one additional licensed activity including
processing, distribution, or retail sale.
A registered organization adult-use cultivator processing
distributor retail dispensary licensed pursuant to § 68-a
of the New York State Cannabis Law.
F.
Applicability. These regulations shall apply to all structures and
uses of retail sales and/or consumption lounges where cannabis can
be purchased or consumed.
(1)
No on-site cannabis consumption facility shall be established
except in compliance with the provisions of this chapter.
(2)
When an adult-use cannabis retail dispensary or on-site cannabis
consumption facility is proposed in an existing building, regardless
of prior site plan (including approval for retail sales on the property),
that applicant shall require special use permit and site plan approval
for that use.
(3)
An adult-use cannabis retail dispensary, adult-use on-site consumption facility, microbusiness or ROD may only be located in the B-1 or B-2 zoning districts or in preexisting nonconforming commercial areas, in use at the time of the application (as determined by the Code Enforcement Official) on properties bordering Route 32, except when located on a parcel as identified in Subsection F(4) of this section.
(4)
An adult-use cannabis retail dispensary or on-site cannabis
consumption facility shall not be located within a 500-foot radius
from the property boundary of any parcel which has the following use:
(a)
Any private or public school pre-K through 12.
(b)
Any day-care center or any facility where children commonly
congregate. A facility is not, however, limited to a building. A "facility
where children commonly congregate" includes but is not limited to
facilities in which children gather for particular purposes in a structured
and scheduled manner, or which are dedicated to the use by children,
such as playgrounds, youth service programs, day-care centers, youth
sports facilities, dance schools, and gymnastic schools.
(c)
Any other cannabis establishment, as may be applicable under
this Code.
(d)
Any drug or alcohol rehabilitation facility.
(e)
Any building containing a place of worship.
(5)
An adult-use on-site cannabis consumption facility shall not
be located inside a building or on a property containing any other
uses.
G.
Special permit approval criteria.
(1)
An adult-use cannabis retail dispensary, adult-use on-site cannabis
consumption facility, microbusiness or ROD shall be contained entirely
within a principal building or structure.
(2)
An adult-use cannabis retail dispensary or on-site cannabis
consumption facility shall be located within a permanent building
and may not be located in a trailer, cargo container, motor vehicle
or other similar nonpermanent enclosure.
(3)
No outside storage of cannabis, related supplies or promotional
materials is permitted.
(4)
No smoking or consumption of any product containing cannabis
or cannabis-related products shall be permitted on the premises of
a cannabis retailer. No burning of any product containing cannabis
or cannabis-related products shall be permitted on the premises of
a cannabis retailer.
(5)
No property shall be permitted to contain both a cannabis retail
dispensary and an on-site cannabis consumption facility.
I.
Signs. Size of sign shall be dictated relative to the zone where the adult-use cannabis retail dispensary or on-site cannabis consumption facility is located per § 75-22 of this Town of Rosendale Code.
J.
Parking. All adult-use cannabis retail dispensaries, adult-use cannabis
consumption facilities, microbusinesses and RODs must have sufficient
on-site parking in accordance with this chapter. No off-site or street
parking will be allowed for these facilities.
