[Amended 9-21-1991 by L.L. No. 1-1991; 11-17-2008 by L.L. No.
2-2008]
Any person may conduct one or more businesses,
trades or professions from his or her property as an accessory use,
subject to site plan review (unless waived under Subsection I below)
and in accordance with the following standards:
A.
There shall be no permanent indication of a home occupation
from any adjacent property or street other than a sign subject to
the following standards:
(1)
One
freestanding sign not exceeding two square feet per face area and
one wall sign not exceeding two square feet shall be permitted for
any property. The height of such freestanding sign shall not exceed
four feet.
(2)
In
any NC, B-1, or B-2 District, such permitted signs shall be illuminated
only by use of shielded light fixtures such that no glare escapes
beyond the property line nor is projected out onto any street. These
lights must be turned off by 10:00 p.m. local time.
(3)
In
other zoning districts in the Town where home occupations are permitted,
no sign shall be illuminated.
B.
Home occupations shall be conducted only within the
principal building on the lot and/or a permitted accessory structure.
C.
The total floor area designed for and allotted to
all home occupations shall not exceed 40% of the total floor area
of the principal building on the site, or 750 square feet, whichever
is lesser, unless otherwise restricted by the New York State Uniform
Building Code.
D.
No more than four persons who are not residents of
the dwelling unit shall be employed in the home occupation.
E.
Materials or equipment used in a home occupation shall
not be stored or displayed outside the dwelling or permitted accessory
structure, except outside storage is permitted on lots of five acres
or more if such storage is screened from the view of all adjacent
properties and streets.
F.
At least one but no more than four parking spaces
shall be provided for home occupations, in addition to those required
for the principal residential use. Such spaces may be provided in
the driveway but not elsewhere in any required front yard. Parking
on a public street shall not be considered as satisfying this requirement.
G.
The home occupation shall not result in traffic, noise,
vibration, odor, smoke, glare or electrical interference beyond that
normally generated by permitted uses in the same zoning district.
H.
Proof
of residency. The Town may require from the individual operating or
proposing a home occupation to document that he or she is a resident
of the site with an affidavit or other legal documentation.
I.
Waiver
of site plan. Site plan approval shall not be required for any home
occupation that meets the following criteria:
(1)
The
home occupation is conducted entirely within the existing residence
or an existing conforming accessory structure, with no new buildings
or building additions proposed.
(2)
The home occupation has no outside employees other than the resident(s) of the property, and does not propose nor require any additional parking under § 210-29 of this Code.
(3)
The
home occupation proposes one sign not exceeding two square feet in
area per sign face in a location that conforms to all applicable setbacks
and further proposes no illumination for the sign.
(4)
The
home occupation proposes no outdoor storage of goods, materials or
equipment of any kind.
A.
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.
B.
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.
In any district, the following standards for
activities shall apply:
A.
No offensive or objectionable vibration, odor or glare
shall be noticeable at or beyond the property line.
B.
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.
C.
There shall be no discharge of any liquid or solid
waste or of any materials of a nature that may contaminate any water
supply, including groundwater supply, into any stream or body of water
or any public or private disposal system or into the ground.
D.
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.
E.
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.
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.
A.
Accessory buildings not attached to principal buildings
shall be located no closer to the principal building than 12 feet
or a distance equal to the height of each accessory building, whichever
is greater.
B.
Accessory uses and structures in residential districts. The following
activities and improvements are permitted "as of right" to any residential
use.
[Amended 11-17-2008 by L.L. No. 2-2008]
(1)
Accessory uses not enclosed in a building, including tennis courts,
shall be located only on the same lot as the principal structure;
and further may not be located in the side or front yards of such
lot and shall be distant not less than 20 feet from any lot line nor
less than 10 feet from the principal structure.
(2)
Unenclosed swimming pools may be located within the required rear
yard or within that portion of the required side yard that does not
overlap, and is outside of, the required front yard. Swimming pools
must be located no closer than five feet to any lot line and 10 feet
to the principal structure.
(3)
No boat or truck over one-ton capacity shall be stored on any residential
lot, except to the rear of the dwelling and may be stored or parked
within the required rear yard setback.
(4)
Operation of a family day-care home, as defined in § 413.2(i)
of the Regulations of the New York State Department of Social Services,
and group family day-care home, as defined in § 413.2(j)
of the Regulations of the New York State Department of Social Services,
accessory to any one- or two-family dwelling.
(5)
A parish house, rectory, parsonage or study as an accessory to a
church or other place of worship.
(6)
Such accessory uses shall not adversely affect the character of the
residential neighborhood by reason of noise or glare or safety.
(7)
Accessory uses, parking areas, driveways, storage areas, and accessory buildings and structure, to nonresidential uses not permitted in a residential district shall not be permitted in such residential district. However, water supply wells and underground sewage disposal systems for nonresidential uses not permitted in a residential district may be permitted in a residential district subject to the following requirements: if the setback is at least 25 feet from any property line in the residential district, if the property is appropriately landscaped and if a complete site plan, inclusive of grading and landscaping details, is approved by the Planning Board in accord with § 210-41.
(8)
One accessory building, shed or structure which is under 144 gross
square feet, single story may be located within the required rear
yard or within that portion of the required side yard that does not
overlap, and is outside of the required front yard. Such a structure
must be no closer that five feet to any lot line.
[Added 1-21-2018 by L.L.
No. 3-2018]
C.
Accessory uses and structures in nonresidential districts.
[Added 9-21-1991 by L.L. No. 1-1991; amended 11-17-2008 by L.L. No.
2-2008]
(1)
Permitted accessory uses and structures include parking areas, driveways
and storage areas and related buildings and structures; and clinics,
cafeterias and recreational facilities, accessory to any nonresidential
use, for the exclusive use of company employees, officers and their
guests.
(2)
Temporary structures for storing equipment and supplies used in conjunction
with construction are permitted pursuant to an approved site plan
or subdivision for up to two years or until a certificate of compliance
has been issued, whichever is sooner.
(4)
Exterior storage of goods, materials or products is permitted, provided that setbacks are complied with and screening, in accordance with the standards of § 210-29I(4) below, and subject to a site plan approval by the Planning Board in accordance with § 210-41.
(5)
The following structures accessory to a commercial or industrial
use are permitted within a front setback: gatehouse; watchman's post;
approved signs; lighting and flagpoles.
D.
Accessory stables for horses. The keeping of horses as an accessory use as listed in § 210-10 of these regulations, on a residential lot, or on a vacant lot, shall be permitted only in accordance with the following standards:
[Added 11-24-2003 by L.L. No. 2-2003]
(1)
Such use shall take place and be conducted only by
the owner of said lot(s).
(2)
Such use shall take place on a lot that has a minimum
area of five acres; and there shall be provided an additional three
acres of lot area for each additional horse.
(3)
Buildings containing horse stables shall not be located
within 100 feet of any property or street line.
(4)
Fences or similar livestock enclosures shall be located
no closer than 20 feet to any lot line.
(5)
The storage of manure or areas for storage of odor-
or dust-producing substances or uses shall not be permitted within
100 feet of any property line or street line, and further shall not
be permitted within 200 feet of the nearest residential structure
on any adjoining property, including any property located across the
street from the location of the agricultural use. Such storage shall
not be located closer than 200 feet to any private or community water
supply well on any adjacent lot.
(6)
Farm operations within a New York State designated
agricultural district shall be exempt from the provisions of this
subsection.
For the purpose of minimizing traffic hazards
at street intersections, on any corner lot, no obstructions between
a height of two and one-half feet and 10 feet above the adjacent top-of-curb
elevation shall be permitted to be planted, placed, 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 distance from their point
and intersection.
In any residence district, walls and fences
up to six feet in height shall be permitted anywhere on a lot except
where corner sight clearances are required for traffic safety. In
any business or industrial district, there shall be no restriction
on fences or walls, except on a residential district boundary line
where such fences or walls shall be limited to eight feet in height
and except where corner clearances are required.
[Added 10-25-2022 by L.L. No. 6-2022]
A.
Chickens.
To facilitate public understanding and for convenience in administration,
and to avoid potential impacts on neighboring properties, as well
as providing for the health and welfare of the chickens, the keeping
and raising of chickens in R-1 and R-2 residential zones for personal
use is permitted with the following restrictions:
(1)
For
properties under 1/2 acre, no more than six hens may be housed on
the property at any time. Properties 1/2 acre or larger may have up
to 10 hens. No roosters, guinea hens or peacocks are permitted.
(2)
The
raising of the chickens is for personal use only. Sale of eggs, chickens,
and manure may not be commercially offered for sale with the exception
of incidental sale of eggs.
(3)
The
coop must be set back a minimum of 50 feet from the property line.
It must be enclosed on all sides and roofed, with adequate ventilation
and room for perching.
(4)
Provision
must be made for the storing of feed in a dry container.
(5)
Chicken
manure must be properly composted in a sanitary and best practices
manner as per Cornell University College of Agriculture guidelines
or periodically removed from the premises. Composting of manure shall
be permitted no closer than 50 feet to any wellhead, lot line, stream
or other body of water.
(6)
If
the presence of chicken manure shall lead to excessive odors or unsanitary
conditions such as the attraction of pests, insects or rodents, such
condition must be rectified to this chapter or the right to keep chickens
may be revoked.
(7)
The
area set aside for exercise must be adequately fenced to contain the
chickens to the owner's property so as not to create a nuisance to
nearby property owners or a safety hazard to the animals themselves.
(8)
Those
lands located in a New York State Certified, Ulster County Agricultural
District are exempt from the above.
B.
Beekeeping.
(1)
The
number of hives depends on the size of the property, the buffer space
between the homeowner and the nearest neighbor. Hives shall be set
back a minimum of 10 feet from the property line.
(2)
All
bee colonies shall be kept in inspectable hives consisting of moveable
frames. Hives shall be continually managed to provide adequate living
space for their resident bees to prevent swarming. A water source
shall be provided on property to discourage the bees from migrating
to water sources on adjacent public or private property.
(3)
Hives
are best placed as far away from neighboring properties, roads, sidewalks,
trails, and other pedestrian rights-of-way. Hive entrances should
face in a direction so that bees leaving the hive fly across the owner's
property. If bees are flying into public right-of-ways and/or directly
onto neighbors' properties, you must redirect flight paths up and
away from neighboring properties and public right-of-ways by using
six-foot barriers such as hedges, shrubs, fabric, or fencing erected
in front of the hive entrance.
(4)
When
there is evidence of disease the hive must be treated to avoid spreading
the disease to other neighboring hives.
[1]
Editor’s Note: Former § 210-27, Commercial
parking lots, as amended, was repealed 11-17-2008 by L.L. No. 2-2008.
A.
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.
B.
Where a lot in an industrial office district abuts a lot in a residential district, such lot in the industrial district shall meet the requirements of § 210-30D(2)(e) and (g).
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 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 the 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 a retail business or service, bank or post
office: one space for each 200 square feet of customer floor area.
(b)
For an office, including professional, personal
service, public utility or public: one space for each 300 square feet
of gross office floor area.
(c)
For a restaurant, bar or nightclub: one space
for each 50 square feet of customer floor area.
(d)
For a funeral home: one space for each five
seats of auditorium capacity.
(e)
For any commercial use: one space for each company
vehicle.
(f)
For a hotel: one space for each two bedrooms.
(g)
For a motel, vacation resort and bed-and-breakfast:
one space for each bedroom, plus one space for each four employees.
[Amended 11-17-2008 by L.L. No. 2-2008]
(h)
Spaces in municipal parking lots designed to
serve nongovernmental uses where provided may be credited toward the
parking requirements for these nonresidential uses, provided that:
[1]
These spaces are within 400 feet of the uses
to be served.
[2]
The parking needs of existing facilities (within
400 feet and computed on the same basis as for new facilities) are
satisfied first and only excess capacity is used for this purpose.
[3]
A special permit for such use is obtained from
the Planning Board.
[Amended 4-8-1999 by L.L. No. 1-1999]
(2)
Light industrial office uses:
(a)
One space for each 400 square feet of floor
area devoted to manufacture, including printing, publishing and laundry
or dry-cleaning plants.
(b)
One space for each 2,000 square feet of floor
area devoted to storage or stationary operating equipment.
(c)
One space for each 3,000 square feet of area
devoted to outside storage, including used car lots and equipment
rental or sales yards.
(d)
For any industrial use: one space for each company
vehicle.
(3)
Public and semipublic uses:
(a)
For places of public assembly (including churches):
one space for each six seats of auditorium or stadium capacity.
(b)
For an elementary school or day nursery: two
spaces for each classroom.
(c)
For a high school or college: five spaces for
each classroom.
(d)
For a museum, art gallery, institution or philanthropic
use: one space for each 800 square feet of gross floor area.
(e)
For a hospital, sanitarium, nursing or convalescent
home: one space for each two beds.
(f)
For a club: one space for each 200 square feet
of gross floor area.
(5)
Residential uses:
(a)
For dwellings: two spaces for each dwelling
unit to be provided on a buildable portion of the lot.
(b)
For a 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.
(c)
For a boardinghouse: one space for each bedroom.
(d)
For a short-term rental: one space for each bedroom and one
additional space, in addition to what is otherwise required for the
dwelling.
[Added 9-13-2021 by L.L. No. 2-2021]
(6)
For uses not listed herein: as established by the
Planning Board.
[Amended 4-8-1999 by L.L. No. 1-1999]
B.
Calculation of required spaces. In the case of a combination
of uses, the total requirements for off-street automobile parking
spaces shall be the sum of the requirements for the various uses,
unless it can be proven that staggered hours of use would permit modification.
Whenever a major fraction of a space is required, a full space shall
be provided.
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 a minimum maneuver area between spaces as follows:
(1)
Parallel curb parking: five feet end to end with an
aisle width of 12 feet for one-directional flow and an aisle width
of 24 feet for two-directional flow.
(2)
Thirty-degree parking: an aisle width of 13 feet for
one-directional flow and an aisle width of 26 feet for two-directional
flow.
(3)
Forty-five-degree parking: an aisle width of 16 feet
for one-directional flow and an aisle width of 26 feet for two-directional
flow.
(4)
Sixty-degree parking: an aisle width of 21 feet for
one-directional flow and an aisle width of 26 feet for two-directional
flow.
(5)
Perpendicular parking: an aisle width of 26 feet for
one-directional and two-directional flow.
D.
Location of required spaces.
(1)
In any residential district, required automobile parking
spaces shall be provided on a buildable portion of the same lot and
shall not encroach on any required yards or required open area.
(2)
In business districts or industrial districts, such
spaces shall be provided on the same lot or not more than 400 feet
therefrom.
(3)
In any nonresidential 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.
[Amended 11-17-2008 by L.L. No. 2-2008]
(4)
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 homes: one berth for each chapel.
(2)
For hotels, motels and vacation resorts: one berth
for floor area in excess of 10,000 square feet.
[Amended 4-8-1999 by L.L. No. 1-1999]
(3)
For office, business and commercial uses: 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 and permitted industrial uses: 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 uses: one berth
for 10,000 square feet to 25,000 square feet of floor area and one
additional berth for every additional 25,000 square feet of floor
area, unless it can be proven that truck deliveries shall not exceed
one vehicle per day.
[Amended 4-8-1999 by L.L. No. 1-1999]
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 8 feet
high.
G.
Location of required berths.
(1)
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.
(2)
The location, number, size and design of loading and
unloading areas for nonresidential uses and the accessways thereto
shall require the approval of the Planning Board prior to the issuance
of a building permit or certificate of occupancy by the Code Enforcement
Officer.
H.
Construction of parking areas and drainage.
[Amended 11-17-2008 by L.L. No. 2-2008]
(1)
Parking
areas shall be paved with an all-weather surface of asphalt or concrete
and suitably drained. The individual spaces shall be visibly marked
with paint or other durable material.
(2)
In
areas of the Town where surface drainage runoff is a concern, the
Planning Board may permit use of a porous gravel or stone chip surface
for parking areas and access drives. The Board may authorize the use
of bollards or fenceposts, or similar structures, to delineate stalls
on such parking areas.
I.
Lighting, landscaping and screening.
[Amended 11-17-2008 by L.L. No. 2-2008]
(1)
Parking
areas to be used at night shall be lighted. All exterior lighting
shall be arranged and oriented in a manner that provides for on-site
safety while minimizing potentially hazardous glare upon motorists
or upon adjacent residential properties, and maintaining an illumination
level not exceeding 0.2 footcandle at any lot line.
(2)
All
parking areas shall be landscaped. Landscaping may count towards compliance
with green space requirements for the lot.
(3)
Screening
shall be required for all loading berths and parking areas of three
or more spaces that abut a residential lot line and also for any parking
lot for more than 20 cars.
(4)
Screening
shall consist of either a six-foot high solid masonry wall or bluestone
wall; or a six-foot high compact evergreen hedge or similar landscaped
strip of trees and shrubs so designed as to form a visual screen from
the adjacent property; or of a combination of vegetation and structures.
(5)
All
parking areas and landscaping shall be properly maintained thereafter
in a sightly and well-kept condition.
[Amended 4-8-1999 by L.L. No. 1-1999]
The Town Board may, after Planning Board review,
public notice and hearing, approve the development of a parcel of
land for light industrial or office use and establish a special light
industrial district for such development, subject to the following
conditions:
A.
Location, area and access.
[Amended 9-21-1991 by L.L. No. 1-1991]
(1)
A light industrial district may only be established
in an area previously designated as A-2.5, R-1 or B-2.
(2)
An area to be designated as a light industrial district
hereinafter shall have direct access to and at least 200 feet of frontage
on a New York State or Ulster County highway.
(3)
The property to be designated as a light industrial
district shall have an area of at least 10 acres, exclusive of any
easements which restrict use or any designated wetlands, flood hazard
areas or lands with a slope of more than 15%, unless such features
are located within a required buffer area.
C.
Use regulations.
(2)
Prohibited uses shall be as follows:
(a)
Residential uses, except dwellings of caretakers
and any and all residential uses made and permitted prior to the establishment
of such I-1 District in accordance with this subsection shall be allowed
to continue as so permitted heretobefore.
(c)
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 or be likely to cause:
(a)
Excessive smoke, fumes, gas, dust, odor or any
other atmospheric pollutant beyond the boundaries of the lot whereon
such use is located. When smoke is excessive shall be determined according
to the Ringelmann's Scale for Grading the Density of Smoke, published
by the United States Bureau of Mines, when the shade or appearance
of such smoke is darker than No. 2 on said Ringelmann Smoke Chart.
(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 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.
(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 office district and before the same is permitted,
established, maintained or conducted:
(a)
Storage facilities. Exterior storage of materials,
supplies or semifinished products and other similar outdoor activities
shall be completely screened from view from all adjacent streets and
from properties outside the industrial district at all times of the
year by fences, walls and evergreen plantings or a combination thereof
with a height of at least eight feet.
[Amended 9-21-1991 by L.L. No. 1-1991]
(b)
Loading docks. Loading docks shall be completely screened from view of all adjacent streets and from properties outside the industrial district in the manner described in Subsection D(2)(a) above.
[Amended 9-21-1991 by L.L. No. 1-1991]
(c)
Landscaping. It is hereby declared that all
areas of the plot not occupied by buildings, parking, driveways or
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 not
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,
chain link fence covered with an evergreen vine 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 fences, walls and
screening otherwise required in this section, any industrial district
shall be surrounded on all sides by a buffer strip at least 100 feet
wide within the industrial district. Such buffer strip shall be comprised
of natural growth supplemented by landscaping suitable to the character
and terrain of the site, shall remain undisturbed by other site activities
and shall not be used for storage, parking, loading, recreation, fire
lane or similar activities, except for an access road with a maximum
width of 20 feet.
[Amended 9-21-1991 by L.L. No. 1-1991]
(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 office district,
and no undue traffic volumes shall be permitted on residential streets.
Such data is to be submitted with each petition for amendment. No
access drive for any I-1 District shall be within 300 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 street 50 feet or more wide lies between such access drive
and such building or use.
E.
Area and bulk regulations. Area and bulk regulations shall be in compliance with those for the I-1 District as set forth in § 210-13 of this chapter ("Density Control Schedule").
[Amended 11-17-2008 by L.L. No. 2-2008]
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.
(1)
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, in writing, in a form required by the Town Board and shall
be accompanied by payment of an application fee, as set forth in the
fee schedule as adopted and amended from time to time by resolution
of 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:
(a)
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.
(b)
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.
(c)
Any additional data as may be requested by the
Planning Board in order to determine the suitability of the tract
for the proposed development.
(2)
Each application shall be referred to the Planning
Board. The Planning Board shall report its recommendations thereon
to the Town Board, accompanied by a full statement of the reasons
for such recommendations, prior to the public hearing. 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.
(3)
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 a notice of the application and
the time and place of the public hearing in a newspaper of general
circulation in the Town of Hurley as designated by the Town Board
not less than 10 days prior to the date of the public hearing.
(b)
By giving notice of the hearing to any required
municipal, county, state or federal agency in the manner prescribed
by law. Upon approval of the proposed development, the new district
established shall be excepted from the provisions and controls of
this chapter only to the extent specified in the approval, and such
new district shall become a part of the regulations established herein,
shall be enforced in the same manner and 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.
H.
Revisions to approved plans. Any proposed revision to a plan approved in accordance with Subsection G of this development plan approval by the Planning Board in accord with § 210-41. Such revisions include additions to structures and modifications of driveways, parking areas, loading facilities or landscaped areas.
[Added 9-21-1991 by L.L. No. 1-1991]
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
10,000 square feet or more, with a minimum frontage of 100 feet.
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
from any side lot line or closer than 35 feet from 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 street 50 feet or more wide 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 15 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 purposes
of any kind may be erected or established in the municipality 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 by permit or license issued pursuant
to this chapter and as hereafter provided or provided 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
beyond the principal building of such use to which they are attached
more than 24 inches, except that, where such nonresidential uses are
set back from property lines, one 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 that such
sign 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
signs, identifying the premises, having an aggregate total face of
not more than 12 square feet and not projecting beyond the principal
building on the lot more than 24 inches.
(3)
Any dwelling unit in a detached or attached structure
may display one nameplate or professional sign not exceeding four
square feet in area.
B.
Signs in general business and neighborhood commercial
districts. No more than two signs per business unit, having an aggregate
total face area of not more than one square foot per linear foot of
principal frontage of the lot, but not to exceed a total area of 50
square feet may be displayed. Such signs shall not project more than
five feet beyond the principal buildings on the lot, and there shall
be no more than one projecting sign per business unit, provided further
that 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,"
throughout this subsection, 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."
[Amended 11-17-2008 by L.L. No. 2-2008]
C.
Signs in highway business districts and light industrial
office districts. Two 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 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.
Representational signs. No representational sign shall
be permitted in any district, except such sign as shall be approved
by the Planning Board. Further, such sign shall not project more than
five feet beyond the principal structure to which it is attached and
shall not have a face area of more than 15 square feet. Only one such
sign per establishment shall be permitted.
E.
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 to 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.
F.
Projecting signs. Signs projecting into a public right-of-way
shall have a clearance of not less than 10 feet above the sidewalk
or surrounding ground and not less than 15 feet above any public driveway
or thoroughfare. No sign may project into any public right-of-way
without written approval from the Town Planning Board.
[Amended 11-17-2008 by L.L. No. 2-2008]
G.
Subdivision signs. Any person offering lots for sale
in a subdivision may erect nonilluminated, directional signs, within
the limits of the subdivision or adjoining property in the same ownership,
having an aggregate total face area of not more than 50 square feet.
The permit for such signs shall be issued for a period of one year
each following a determination by the Zoning Enforcement Officer that
the signs have been repainted or are in good condition in each case.
[Amended 11-22-2022 by L.L. No. 7-2022]
H.
Exemptions from the above regulations shall be as
follows:
(1)
Real estate signs which advertise the sale, rental
or lease of the premises upon which said signs are located, having
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, not exceeding 24 square feet in area, denoting
the architect, engineer and/or contractor when placed on a site under
construction.
[Amended 4-8-1999 by L.L. No. 1-1999]
(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.
I.
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.
J.
Banners. Banners and similar devices are prohibited,
except nonpermanent ones displayed for the occasion of special events,
which shall be displayed for no longer than a three-week period.
K.
Posters. Temporary nonpermanent posters not exceeding
two square feet per face in area, whether for the purposes of advertising
political events, sporting events, shows, elections and yard sales
shall not be displayed until four weeks prior to the event and must
be removed within one week after the event. All such posters shall
include the identification of the person responsible for the poster.
[Amended 11-17-2008 by L.L. No. 2-2008]
L.
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 person having the beneficial
use of the building or structure upon which such sign may be found
within 10 days after written notification from the Zoning Enforcement
Officer, and upon failure to comply with such notice within the time
specified in such order, the Zoning Enforcement Officer is hereby
authorized to cause removal of such sign, and any expense incident
thereto shall be paid by the owner of the building or structure to
which such sign is attached.
[Amended 11-22-2022 by L.L. No. 7-2022]
[Added 9-13-2021 by L.L. No. 2-2021]
A.
Operation of short-term rental (STR). An STR shall be allowed in all zoning districts, subject to the requirements set forth in this section, provided the property is owner-occupied as defined in § 210-5 of this Zoning chapter. An STR is prohibited at properties which are not owner-occupied.
(1)
It shall be unlawful to use, establish, maintain, operate, occupy,
rent or lease any property as an STR if the property is not owner-occupied.
An STR property shall be the principal residence of the owner during
the term of the permit. The principal dwelling wherein the STR is
to be located must be occupied, at the time of application and at
all times thereafter while the rental unit is established and maintained,
as the principal domicile of the record owner of title. Ownership
shall be evidenced by the last deed recorded in the office of the
Clerk of the County of Ulster. Evidence that the dwelling is occupied
as the principal domicile of the record owner may be established by
an affidavit of the record owner, supported by voting records or such
competent evidence as would be sufficient to establish domicile as
set forth herein. It shall be a condition of every certificate of
occupancy issued for an STR that occupancy of such dwelling unit is
valid only if the STR is located in an owner-occupied single-family
or two-family dwelling.
(2)
An owner shall occupy and be on the premises during the term of the
rental.
(3)
An STR is restricted to a one-family dwelling, two-family dwelling
or accessory dwelling unit. For purposes of this section, a condominium
shall not be considered a single-family or two-family dwelling. The
lot on which title STR is to be located shall meet all bulk requirements
applicable to the dwelling as set forth in the Density Control Schedule
for the zoning district in which it is located.
(4)
No owner shall offer or use any portion of their property as an STR
unless it is approved for residential occupancy. An STR is prohibited
in a storage shed, recreation room, garage, or any temporary structure
such as a tent or yurt. No recreation vehicles, trailers, or other
vehicles parked on a property shall be used as an STR.
(5)
An STR is limited to one rental at a time. The rental or leasing
of a property or any portion thereof to more than one rental party
during the same time period is prohibited.
(6)
An STR shall host no more than two guests per bedroom and is limited
to a maximum capacity of six people per dwelling. Children eight years
of age and under are not counted as guests.
(7)
The Hurley Town Board, in its discretion and by resolution, may establish
a maximum number of STR permits to be issued by the Building Department,
and may modify same at any time.
(8)
The Hurley Town Board, in its discretion and by resolution, may establish
or modify the Town of Hurley Fee Schedule for STR applications and
permits, and may charge an escrow, as necessary, for the cost of professional
review of same.
(9)
Upon approval of an STR permit, the Town will assign a registration
number to the STR property. The registration number must be included
in all STR listings and advertisements, both in print and online.
(10)
It is prohibited to use, establish, maintain, operate, occupy,
rent, lease, or advertise for rent or lease, any property, or portion
therein, as an STR without having first obtained an STR permit from
the Town Building Department. STR permits are valid for one calendar
year and are renewable on an annual basis for a fee. The advertisement
or rental of an STR without a permit shall be deemed a violation of
this Zoning chapter.
B.
Permit application process.
(1)
An application shall be submitted to the Building Department for
the issuance of an STR permit. The application shall be accompanied
by a fee in an amount set forth in the Fee Schedule for the Town of
Hurley.
(2)
The form and content of the permit application shall be established
by the Town Board and shall contain such information and materials
deemed necessary to review the application. The following information
shall be submitted as part of any STR application for the property
included in the application:
(a)
The name, address, email address, and phone number of all property
owners;
(b)
Proof of receipt of New York State STAR credit or STAR property
tax exemption for the short-term rental property; and/or government-issued
proof of residency and owner identification (e.g., driver's license,
passport);
(c)
A copy of a utility bill in the property owner's name;
(d)
Proof of liability insurance;
(e)
A property checklist form listing the property address, total
number of dwelling units, bedrooms and bathrooms on the property,
total number and location of all dwelling units and bedrooms proposed
for short-term rental use, and the maximum number of persons to be
accommodated in each proposed short-term rental area;
(f)
A signed and notarized certification by each property owner,
in a form acceptable to the Town Clerk, attesting to all of the following:
[1]
That the property is the owner's domicile at which they legally
reside;
[2]
That to the best of their knowledge the property is safe and
fit for human habitation;
[3]
That the property owner will comply with all of the conditions
and restrictions of the STR permit;
[4]
That no portion of the property will be utilized as an STR unless
it meets the requirements of the current International Fire, Residential
and Building Codes;
[5]
That to the best of their knowledge the property is in compliance
with all the provisions of this section, the applicable provisions
of the Town Code, the International Fire Code, current International
Building Code and the New York State Code Supplement; and
[6]
The required building permits and certificates of occupancy
are in place for all existing structures and units on the property;
(g)
Safety/egress plan;
(h)
Parking layout plan identifying where parking is to be located. Parking shall comply with the standards set forth in § 210-29 of this Zoning chapter and shall not restrict access for fire and safety vehicles or equipment; and
(i)
Waste removal plan. Garbage shall not be allowed to remain outside
for a period greater than 24 hours at curbside and shall be kept in
an approved container.
(3)
If the information submitted in the application changes, it is the
responsibility of the owner to submit such changes in writing to the
Building Department within 30 days of the change. Failure to do so
constitutes a violation of this section.
(4)
A proposed STR must be registered with the Ulster County Commissioner
of Finance and have received a certificate of authority empowering
the owner to collect the county tax from the occupant pursuant to
§ 312-8 of the Code of Ulster County, and a copy of the
registration and certificate of authority must accompany the STR permit
application.
[Amended 4-26-2022 by L.L. No. 2-2022]
(5)
STRs shall be inspected by the Building Department within 30 days
of submission of the application and prior to any permit renewal,
to determine compliance with this section and all other provisions
of the Town Code, International Building Code and New York State Code,
as may be amended from time to time. A failure to comply with a scheduled
inspection may result in a denial of the STR application. If the Building
Department determines that the proposed STR is not in compliance,
the STR shall be discontinued until it has been reinspected and found
in compliance. The owner shall be subject to a reinspection fee in
accordance with the Fee Schedule of the Town of Hurley.
(6)
Upon the filing of an STR permit application, including all documentation
required by this section, together with the permit fees, the Building
Department shall have 45 days to review the application and either
issue the permit, with or without conditions, or notify the applicant
in writing that the application has been denied along with the reason(s)
for the denial.
(7)
The Building Department may impose such reasonable conditions and
restrictions on the STR permit as are related to the use of the property,
or portion of the property, so long as such conditions and restrictions
are consistent with the requirements of this Zoning chapter.
(8)
Permit denial. The Building Department shall deny an STR permit for
any of the following reasons:
(a)
The information and documentation as required for the application
was not submitted or the permit fee, in a payment form acceptable
to the Town Clerk, was not included with the application;
(b)
A property owner has been convicted of violating this section
or there are violations pending against them;
(c)
The Town had revoked a previously issued STR permit within the
past year or the conditions of the permit revocation have not been
satisfied;
(d)
The application fails to meet all of the requirements of this
Zoning chapter or is otherwise in violation of a local, state, or
federal law; or
(e)
The Town has granted the maximum number of permits allowed for
the calendar year.
(9)
STR permit renewal. The STR permit shall be valid for a period of
one calendar year from the date that a certificate of occupancy is
issued for same and shall automatically be renewed annually by the
Building Department upon submission by the property owner of an annual
certification for renewal on a form to be provided by the Town, attesting
that the principal dwelling of the property is maintained as the owner's
domicile; and payment of a renewal fee, in such amount as established
by resolution of the Town Board, provided the Building Department
determines such use has been maintained in accordance with all requirements
herein and any applicable conditions attached to the STR permit.
C.
STR property owner responsibilities.
(1)
Owners of STRs shall obey all applicable laws, ordinances and regulations
of the Town of Hurley, Ulster County, New York State and the United
States of America, and shall be subject to the enforcement and penalty
proceedings contained in this section.
(2)
STR property address numbers must be clearly marked, visible and
identifiable from the public road.
(3)
No signs or advertisements identifying the property as an STR shall
be displayed on the property.
(4)
Owners of STRs are required to provide the rental party with all
the following documentation at the commencement of the rental:
(a)
Safety information, including fire and safety requirements;
(b)
A copy of local laws pertaining to quality of life, including
noise and firework restrictions;
(c)
Emergency contact information, including contact information
for the owner(s) or authorized host(s);
(d)
A property map identifying the street address and clearly depicting
the STR property boundaries, which shall be posted in a visible location
on the bedroom door;
(e)
A safety/egress plan posted in the rental unit in a visible
location on the back of each bedroom door.
(5)
Garbage shall not remain outdoors for a period greater than 24 hours
and shall be stored in an approved container. The property owner shall
be responsible for the cleanup of any garbage strewn on or around
the STR properly.
D.
Enforcement and violations. An STR is not permitted on any properties except as outlined herein. In addition to the penalties set forth in § 210-57, the owner of a property in violation of this section shall be subject to the following fines and procedures, including revocation of an STR permit.
(1)
Failure by the owner of an owner-occupied short-term rental to comply
with the requirements of this section either by failure to obtain
a permit or failure to comply with the terms of an issued permit shall
be punishable by a fine not greater than $250; a second violation
within a period of five years of a previous violation shall be punishable
by a fine of not greater than $500; a third violation, within a period
of five years, shall be punishable by a fine of not less than $350
nor greater than $1,000. Each day a violation continues shall be deemed
a separate and distinct violation punishable in like manner by imposition
of up to a maximum fine for each day of violation.
(2)
Failure by the owner of a short-term rental property which is not
owner-occupied to comply with the requirements under this section
shall be punishable by a fine not greater than $1,000; a second violation
of this section, within a period of five years of a previous violation,
shall be punishable by a fine of not less than $250 nor greater than
$2,000; a third violation, within a period of five years, shall be
punishable by a fine of not less than $2,000 nor greater than $4,000.
Each day the violation continues shall be deemed a separate and distinct
violation punishable in like manner by imposition of up to a maximum
fine for each day of violation.
(3)
The Town Building Department is authorized to issue appearance tickets
for all violations consistent with the enforcement provisions of this
Zoning chapter.
(4)
Violations issued by the Town Building Department may be considered
at annual permit renewal. An STR permit shall be revoked where three
or more violations have been issued within any twelve-month period
and shall be in addition to any applicable fines. Once revoked, a
permit shall not be issued sooner than six months after the date of
revocation.
(5)
The Town Board reserves the right to commence an action for injunctive
relief at any time following receipt of a complaint to enjoin violations
of this section if deemed necessary to protect the public health,
safety and welfare.
(6)
The Town Board may engage the services of a third party or parties
to assist the Building Department in locating unauthorized STRs and
prompting the owners to come into compliance.
E.
Transfer of title. Within 60 days after the record owner transfers
title to premises for which an STR permit has been granted, the new
record owner shall provide such evidence to the Building Department
as may be necessary to demonstrate that the property is occupied by
the new record owner in accordance with the provision herein. In the
event that the new record owner fails to do so, the Building Department
shall serve a written notice upon the title owner to do so by a date
certain. In the event that the record owner fails to do so, the Building
Department shall give notice of such noncompliance to the record owner
and shall revoke the STR permit.
F.
Inspections. The applicant shall agree and acknowledge, in writing,
to the Town of Hurley title understanding that, should the parcel
be sold, the Building Department is authorized to conduct a site visit
to verify that the STR is in compliance with the conditions of the
STR permit issued for the property. In the event that the Building
Department has a reasonable basis to believe that the STR does not
comply with regulations herein, and the owner does not consent to
such inspection, the Building Department may apply for a warrant to
permit such inspection. Nothing in this subsection shall permit such
inspection in such circumstances unless such warrant has been obtained.
G.
Grace period. At the time of adoption of the local law allowing STRs,
a property owner operating a short-term rental without a permit, or
in violation of the standards set forth herein, shall submit an STR
permit application within 90 days from the date of adoption. Any property
owner operating a short-term rental after the said period without
having obtained an STR permit shall be in violation of the STR regulations,
and shall immediately cease such operations until such time that an
STR permit is issued.
H.
Town Board responsibilities.
(1)
Registry. The Town Board shall cause a registry to be prepared identifying
all properties by property owner, address, and Tax Map-Section-Block-Lot
Number, date of issuance of the STR permit, and phone number of property
owner for every property issued an STR permit. The Town Board may,
but is not required to, contact the property owner prior to the date
of renewal of the STR permit that such permit must be renewed. Failure
of the Town Board or designated agent to contact a property owner
shall not relieve the STR permittee the responsibility of renewing
the permit.
(2)
The Town Board shall assign a Town official to review websites, newspapers,
and other media, and to identify any properties which may be operating
an STR without an STR permit. Said review should be conducted quarterly,
at a minimum. The official shall immediately notify the Building Department
in writing, which shall be required to research and inspect such property
to determine whether said property is violating these regulations.
Such inspection shall be in writing. Where a violation is found to
exist, the property owner shall be notified of such violation and
shall be required to cure same.
[1]
Editor's Note: Former § 210-33, Excavations for soil mining, as amended, was redesignated § 210-40D(12), Mining and quarrying, 11-17-2008 by L.L. No. 2-2008.
[Amended 9-21-1991 by L.L. No. 1-1991]
A.
Prefabricated, factory-built or modular structures
and housing shall be permitted in all districts, subject to compliance
with the appropriate building, housing, safety and sanitary codes
in existence or as they may be adopted by the Town Board. Such residential
structures shall be permanently attached to a masonry or similar rigid
and enclosed foundation, constructed in a manner so as to stand the
rigors of winter. For purposes of this section, "factory-built housing"
does not include mobile homes.
B.
Mobile homes.
(1)
Single mobile homes. 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.
In addition, the following regulations shall apply:
(a)
All mobile homes shall have a permanent supply
of potable water and a sewage disposal system in accordance with the
requirements of the Ulster County Health Department.
(b)
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.
(c)
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.
(d)
Anchoring. The structural frame of the mobile
home shall be attached to the foundation in not less than four places,
in such location and by such devices as to ensure the stability of
the mobile home.
(e)
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 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.
(f)
Mobile homes are subject to all applicable provisions
of these regulations pertaining to building permits and certificates
of occupancy.[1]
[1]
Editor's Note: Original Subsection (7), Screening, which immediately followed, was repealed 6-23-1992 by L.L. No. 2-1992. For current provisions, see § 210-34B(2)(g).
(2)
Mobile home parks. Where permitted by these regulations,
mobile homes may be grouped in mobile home parks in accord with the
following regulations:
[Added 6-23-1992 by L.L. No. 2-1992]
(a)
The number of mobile homes on a property shall be determined in accord with the procedures for average density subdivisions in § 210-38 so that the number does not exceed that which would result if the site were subdivided into lots conforming to the requirements of the district in which it is located.
(b)
The site gross area of a mobile home park shall
be at least 25 acres.
(d)
Mobile homes shall be spaced in accord with
the following minimum clearances: there shall be a minimum distance
of 50 feet between mobile homes and a minimum setback of 100 feet
from a public street or from any adjacent property line. In computing
these clearances, lean-tos, auxiliary rooms and similar accessories
connected to the mobile home, but not including temporary porches
and canopies which are open on two or more sides, shall be considered
as part of the mobile home.
(e)
Automobile parking. There shall be at least
two off-street parking spaces for each mobile home within 50 feet
of the mobile home. In addition, there shall be one off-street parking
space for each five mobile homes within the park located throughout
the park at places of public congregation. Each off-street parking
space shall be at least nine feet wide and at least 18 feet long and
shall have convenient and ready access to a roadway.
(f)
Recreation area. A usable area set aside exclusively for recreation shall be provided within the mobile home park and shall be equal in area to 200 square feet for each mobile home in the park. In addition, at least 25% of the gross site area shall be preserved as permanent open space, with a minimum dimension of 100 feet, in addition to the setback required under Subsection B(2)(d) above.
(g)
Screening. Each mobile home park shall have
a landscaped area at least 50 feet wide along exterior lot lines and
street frontages, suitably planted and maintained to provide visual
screening from adjacent properties. The mobile home park site shall
comply with the minimum green space requirement for the district in
which it is located.
[Amended 11-17-2008 by L.L. No. 2-2008]
C.
Mobile home structures shall meet the particular requirements
of the district within which they are permitted.
D.
Nothing in this chapter shall prohibit the storing
or parking of an unoccupied camping or travel trailer or a boat trailer.
[1]
Editor’s Note: Former § 210-35, Recreational campsites, travel trailers and cabins, was redesignated § 210-40D(11), Recreational campsites, recreational vehicle parks, cabin and bungalow colonies, 11-17-2008 by L.L. No. 2-2008.
[Amended 11-17-2008 by L.L. No. 2-2008]
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 or a wall or landscaped strip, at
least six feet in height, 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 from any residential lot line. Crematories shall be located only
in cemeteries. The cemetery shall comply with the minimum green space
requirement for the district in which it is located.
No person shall undertake to construct any new
building or structure in the Town of Hurley without first meeting
the requirements for a system or facilities for the separate disposal
of waterborne sewage, domestic or trade wastes in accordance with
applicable regulations of the Town, the Ulster County Department of
Health and other governmental authorities.
[Amended 9-21-1991 by L.L. No. 1-1991]
A.
Authority of Planning Board. In accord with the authority
granted pursuant to § 278 of the Town Law, the Planning
Board may, upon request, vary the zoning requirements as to lot size,
width and yard requirements in connection with a proposed subdivision
plat, subject to the standards and procedures contained herein. The
Planning Board is further authorized to require such modifications
where it finds that it will be in the public interest to preserve
significant natural features (such as wetlands, woods, drainageways,
waterfalls, streams, etc.) or important views or significant open
spaces or recreation opportunities.
[Amended 4-8-1999 by L.L. No. 1-1999]
B.
Purpose. The purpose of modifications in accord with
this section shall be to enable and encourage flexibility in design
and development so as to promote the most appropriate use of land,
to facilitate the adequate and economical provision of streets and
utilities and to preserve the natural and scenic qualities of open
lands.
C.
Permitted uses. The permitted uses within a subdivision
under this section shall be limited to those residential uses otherwise
permitted in the zoning district in which it is located, as well as
agricultural use and forest production.
D.
Development standards and controls. Except as specified
herein, all development standards and controls otherwise applicable
to residential subdivisions and uses in the zoning district shall
also be applicable to a subdivision under this section.
(2)
Number of lots or dwelling units.
(a)
The maximum permitted number of lots or dwelling
units within a subdivision developed under this section shall not
exceed the number that would be achieved if the land were subdivided
into lots conforming to the minimum lot size and density requirements
applicable to the district in which the land is situated and all other
applicable requirements. The maximum number of lots or dwelling units
shall be determined by application of the following formula, unless
the alternate provided below is utilized:
[1]
The gross site area shall be reduced by 5% where
a four-acre lot is required and 10% where a two-and-one-half-acre
lot is required to reflect the area that would be required for streets
in a conventional subdivision.
[2]
The area thus derived shall be further reduced
by the area of any existing permanent easements which preclude development
and 66% of the area of any designated wetland or one-hundred-year
flood hazard area or slopes in excess of 15% or necessary stormwater
detention pond.
[3]
The resulting net area shall be divided by the
minimum required lot area in the district to derive the number of
lots or dwelling units permitted.
(b)
As an alternate to the above formula, the applicant may submit a subdivision plat meeting all requirements of this chapter, Chapter 170, Subdivision of Land, of the Code of the Town of Hurley, the Ulster County Health Department and any other applicable local, county or state law or regulation that demonstrates a greater number of lots could be achieved.
(3)
Average lot area.
(a)
Under this section, lots may be reduced in area
below the minimum lot size required in the district, provided that
the average size of lots created in the subdivision is not less than
the minimum required in the district.
(b)
No lot shall have an area of less than one acre
unless served by a central water and/or sewer system.
(c)
Land in the subdivision may be set aside as
permanent open space for common ownership and use by all lot owners
in the subdivision, dedicated to and accepted by the Town or a land
conservancy for use as permanent open space or recreation area or
designated for permanent use for agricultural purposes or forest production.
The area of such land may be included to determine the average lot
size.
(4)
Lot dimensions. All lots shall comply with the minimum
requirements of the Area and Bulk Schedule[1] for the R-1 District, unless served by a central water
and/or sewer system, except that yard and setback dimensions around
the perimeter of the total subdivision shall be twice that otherwise
required in the district.
(5)
Green
space requirement. The design of the average density subdivision shall
comply with the minimum green space requirement for the district in
which it is located.
[Added 11-17-2008 by L.L. No. 2-2008]
E.
Review criteria. In acting on a proposed plan, the
Planning Board shall give particular consideration to the following
criteria:
(1)
That the proposed subdivision will not have a substantial
or undue adverse effect upon adjacent property, the character of the
neighborhood, traffic conditions, parking, utility facilities and
other matters affecting the public health, safety and general welfare.
(2)
That individual lots, buildings and streets are designed
and situated to minimize alteration of the natural site features to
be preserved.
(3)
That any open space to be preserved includes irreplaceable
natural features located in the tract (such as, but not limited to
stream beds, significant stands of trees, individual trees of significant
size and rock outcroppings) to the maximum extent feasible.
(4)
That the proposed subdivision will be served adequately
by essential public facilities and services, such as highways, streets,
police and fire protection, drainage structures, water and sewer systems.
F.
Preservation of permanent open space. Open space provided in accord with Subsection D(2)(a)[3] above shall be protected by legal arrangements which are determined by the Planning Board, with the advice of the Town Attorney, to be sufficient to assure its maintenance and preservation for whatever purpose it is intended. Covenants or other legal arrangements shall specify ownership of the open space; methods of maintenance; responsibility for maintenance; maintenance taxes and insurance; compulsory membership and compulsory assessment provisions; guaranties that any association formed to own and maintain open space will not be dissolved without the consent of the Planning Board; and any other specifications deemed necessary by the Planning Board to ensure that such open spaces will remain undeveloped in perpetuity.
G.
Prohibition to subdivide. The final plat shall include
a notation that any lot created under the provisions of this section,
including permanent open space, shall not be resubdivided.
H.
Required use of average density procedures. The Planning
Board may require that a proposed subdivision plat be modified in
accordance with the provisions of this section when it finds that
one or more of the following conditions exist:
(1)
The site contains a designated wetland.
(2)
Any portion of the site is within the one-hundred-year
flood hazard area.
(3)
The site is within an agricultural district certified
pursuant to the Agriculture and Markets Law or includes soils classified
within soil groups 1 through 4 of the New York State Land Classification
System or is being used for forest production in accord with § 480-a
of the Real Property Tax Law.
(4)
The site is located over a primary, principal or sole
source aquifer.
(5)
The site contains or is adjacent to a structure or
site listed on the National or New York State Register of Historic
Places.
(6)
The site contains other unique or unusual physical
features which the Planning Board determines can best be preserved
by use of the provisions of this section.
A.
Purpose.
(1)
It is hereby declared that the preservation of historical
sites, areas, buildings and landmarks located in the Town of Hurley
is essential to the general welfare of the community and the purpose
of this section of this chapter is to:
(a)
Safeguard the heritage of the Town of Hurley
by preserving a district in the Town which reflects its cultural,
social, economic, political and architectural history.
(b)
Protect buildings, structures and areas in the
Town of Hurley which are recognized as national historic sites and
landmarks.
(c)
Stabilize and improve property values.
(d)
Foster civic beauty.
(e)
Strengthen the local economy.
(f)
Promote the use of the Historical District for
the education, pleasure and welfare of the citizens of the community.
B.
Regulation of structures. No structure shall be constructed,
altered, repaired, moved or demolished in the Historical District,
unless such action complies with the requirements hereinafter set
forth.
C.
Duties and powers of the Town Planning Board. All
plans for the construction, alteration, repair or demolition of structures
in the Historical District shall first be submitted to the Town of
Hurley Planning Board, which shall have the power to pass upon such
plans before a permit for such work shall be granted; provided, however,
that the Planning Board shall pass only on such exterior features
of a structure as are visible from the public way and shall not consider
interior arrangements.
(1)
In reviewing the plans, the Board shall give consideration
to:
(a)
The historical or architectural value and significance
of the structure and its relationship to the historical value of the
surrounding area.
(b)
The general appropriateness of the exterior
design, arrangement, texture and materials proposed to be used.
(c)
Any other factor, including aesthetic, which
it deems pertinent.
(2)
In addition to the foregoing general standards, the
following specific standards shall apply in appropriate cases:
(a)
Alteration, repairs and additions to existing
buildings shall either be made consistent with the spirit of their
architectural style or shall alter the structure to an appropriate
appearance consistent with the architectural styles of historical
value existing in the Historical District.
(b)
New construction shall be consistent with the
architectural style of historical value in the Historical District,
except in such instances of new construction as the Board shall determine
to be inappropriate because structures adjoining the site of such
proposed new construction are of a significantly dissimilar period
of architecture, in which cases the Board may approve such periods
of architecture as it deems proper for the site and in the best interest
of the Historical District.
(c)
Demolition.
[1]
Demolition shall be prohibited in the case of
all structures erected prior to 1850 unless the Planning Board is
satisfied that the retention of such structures constitutes a hazard
to public safety, which hazard cannot be eliminated by economic means
available to the owner.
[Amended 11-17-2008 by L.L. No. 2-2008]
[2]
Demolition shall be prohibited of any structure
erected subsequent to 1850 if the Board of Appeals shall determine
it to be of a particular architectural or historical significance.
[3]
Moving of structures of historical or architectural
value may be permitted by the Planning Board as an alternative to
demolition.
(3)
The Code Enforcement Officer shall not issue a building
permit until a certificate of approval of the plans has been issued
by the Planning Board.
D.
Procedure for review of plan.
(1)
Application for a building permit to construct, alter,
repair, move or demolish any structure in the Historical District
shall be made to the Code Enforcement Officer. The application shall
state that the property is in the Historical District, and plans shall
be submitted showing the structure in question and also giving its
relation to adjacent structures.
(2)
Upon the filing of such application, the Code Enforcement
Officer shall immediately notify the Planning Board and shall transmit
to such Board the application and any supporting plans or documents.
The Planning Board shall consider such application and shall approve
or disapprove the plans and, if it shall approve such plans, shall
issue a certificate of approval and transmit the same to the Code
Enforcement Officer.
(3)
If the Planning Board shall disapprove the plans,
it shall so notify the Code Enforcement Officer, who shall thereupon
deny the application for a permit.
(4)
Nothing in this chapter shall be construed to prevent
ordinary maintenance or repair of any structure within the Historical
District.
(5)
Any person aggrieved by a decision of the Planning
Board or Code Enforcement Officer acting under this subsection shall
have the right to appeal to the Zoning Board of Appeals for a variance
as provided by this chapter or general law.
E.
Uses permitted shall be as shown in § 210-10, subject to the approval of the Planning Board as set forth herein.
F.
Building height, limit, lot area and yards. The provisions
of this chapter governing the permitted height of buildings, the required
lot area and the requirements of front, side and rear yards in the
R-2 Residential District shall apply in the Historical District.
G.
All individual structures listed on the National Register of Historic Places which are not located within the boundaries of the Historical District, as delineated on the Zoning Map, shall be subject to the applicable standards and procedures which apply to structures within the Historical District, as set forth in Subsections B, C and D above.
[Added 9-21-1991 by L.L. No. 1-1991]
H.
Applications for a special use permit, site plan approval,
variance or zoning change within 500 feet of an historic structure
shall be reviewed to determine the effect of the action on the setting
of the structure. Any measures considered necessary to make the action
more compatible with the historic structure shall be made a condition
of approval.
[Added 9-21-1991 by L.L. No. 1-1991]
[Amended 9-21-1991 by L.L. No. 1-1991]
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.
Procedures.
(1)
In accordance with § 274-b, Subdivision
6, of the Town Law, The Planning Board shall have the power, after
public notice and hearing, to grant special use permits for the conditional
uses specified in this chapter.
[Amended 4-8-1999 by L.L. No. 1-1999]
(2)
All applications for special use permits shall be filed with the Secretary of the Planning Board, in writing, shall be made in a form required by the Board and shall be accompanied by payment of a filing fee, in accord with a schedule adopted by the Town Board, and three copies of a site plan, drawn to scale and accurately dimensioned, as required in § 210-41B below.
(3)
Whenever the Planning Board grants a special use permit,
appropriate conditions and safeguards and/or time limitations may
be attached thereto.
(4)
Any special use permit which is not exercised within
one year from the date of issuance is hereby declared to be revoked
without further hearing by the Planning Board.
C.
Basis for deliberation; general provisions. Before
issuing a special use permit, the Planning Board shall take into consideration
the public health, safety, morals and welfare and shall assure itself
of the following:
(1)
That there shall not be any detrimental effect by
the establishment of such use on other uses within the district.
(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 the use meets the prescribed requirements for
the district in which located and the following prescribed provisions.
D.
In addition to the above general provisions, the following
uses shall comply with the following prescribed provisions:
(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)
Any lights in connection with such use shall
be so arranged as not to cause glare on adjacent properties.
(d)
Three signs not exceeding an aggregate 50 square
feet may be displayed for each establishment, provided that such signs
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 a building, shall not extend more than
five 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 or any other street designed to serve primarily as access to
abutting residential properties.
(c)
Off-street parking areas and outdoor storage
areas shall be screened from adjacent residential properties. Any
lighting shall be so arranged as not to cause glare on adjacent properties.
(d)
No building shall be located within 50 feet
of any lot line.
(3)
Hotel, restaurant, bar or nightclub, dance hall, skating
rink, theater or concert hall.
(a)
Primary access to such use shall not be a minor
street or any other street designed to serve primarily as access to
abutting residential properties.
(b)
Such use shall meet the off-street parking requirements
of this chapter. Such off-street parking and lighting in connection
with such use shall be screened and shielded from adjacent residential
properties.
(c)
No building shall be located closer than 50
feet to any lot line.
(4)
Vacation resort, camp, cottage or cabin development.
(a)
All proposed structures, equipment and materials
shall be reasonably accessible for fire and police protection.
(b)
The water supply and sewage disposal system
shall comply with the codes and ordinances of the appropriate authorities.
(c)
No structure within a vacation resort or camp
shall be located within 200 feet of any property line.
(d)
No structure within a cottage or cabin development
shall be located within 50 feet of any property line.
[Amended 4-8-1999 by L.L. No. 1-1999]
(5)
Electric or gas utility substations, transformer stations,
water or sewage pumping stations and other similar structures.
(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.
(6)
Medical and dental services facility.
[Added 8-23-2004 by L.L. No. 1-2004]
(a)
The site shall have direct frontage onto a state
highway or county road.
(b)
Minimum lot area shall be three acres.
(c)
Maximum allowable building coverage shall be
0.05 (5%); and the floor area ratio (total floor area divided by gross
site area) of such development shall not exceed 0.08 (8%).
(d)
Off-street parking shall be screened from any abutting residential property. Screening may consist of any combination of structures, landscaping and/or natural vegetation, as provided for in § 210-29I.
(e)
All exterior area, parking and building lighting
shall be of a design and arrangement so as not to cause glare on adjacent
properties or upon public roads.
(f)
Setbacks and buffers.
[1]
No building or parking area shall be closer
than 75 feet to any residential property boundary or from any public
street line; excepting for sites which abut properties on the National
Register of Historic Places.
[2]
For sites which abut properties on the National
Register of Historic Places, no building or parking area shall be
located closer than 500 feet to any National Register structure; and
a buffer strip of at least 100 feet shall be provided along the boundary
of the land encompassing the National Register structure. No parking
or other improvements are permitted in the buffer strip, except for
the development of sanitary facilities or drainage improvements. Where
a sanitary or drainage improvement is to be developed within the buffer
strip, a screen of natural vegetation at least 50 feet wide must be
provided along said property line.
[3]
For sites which abut properties on the National Register of Historic Places, the Planning Board may require a wider buffer strip than that set forth in Subsection D(6)(f)[2] above and may also require additional landscaping to facilitate proper screening and buffering.
(7)
Boardinghouses
in an existing principal dwelling.
[Added 11-17-2008 by L.L. No. 2-2008]
(a)
Limit on rentable rooms. A boardinghouse shall not contain more
than three rentable rooms.
(b)
Permitted density. A boardinghouse may be permitted only on a site where an existing dwelling complies with the minimum lot area requirement, per dwelling unit, for a one-family home, in the district in which the site is located, as set forth in the Density Control Schedule (§ 210-13). No additional lot area is required.
(c)
Occupancy limits. Occupancy of any rentable room in a boardinghouse
shall be limited to one adult; a married couple or couple defined
by civil union; or a single parent with a single child.
(d)
Residency requirement. An applicant requesting approval or expansion
of a boardinghouse must be the owner of the site and must maintain
residency on the boardinghouse site. The Town may require affidavits
and similar statements from the owner indicating that he or she resides
at the boardinghouse.
(e)
Parking. There shall be one off-street parking space provided for each rentable room in the boardinghouse, in addition to required parking for the existing principal dwelling on the lot, as provided for in § 210-29A(5)(a) of this chapter.
(f)
Parking location. Off-street parking accessory to a boardinghouse
shall not be located within the required front yard setback abutting
a street. Such parking shall be screened from adjacent properties.
(g)
Sanitary utilities. The Planning Board shall require the applicant
for approval of, or expansion of, a boardinghouse to demonstrate that
the water supply and means of wastewater treatment and disposal are
approved by the Ulster County Health Department.
(h)
Signs indicating the availability of rooms for rent at a boardinghouse
shall be limited in size to no more than a face area of four square
feet. Such signs shall not be installed or located within any required
setback.
(i)
License required. Simultaneously with the filing of an application for a special use permit to operate a boardinghouse, the applicant shall file, with the Town Clerk, an application for a license to operate said boardinghouse in accordance with the requirements of this Subsection D(7). Approval of said license application and the issuance of a license by the Town Board shall be subject to approval of the special use permit by the Town Planning Board. This license application may be obtained from the Town Clerk of the Town of Hurley. The license so granted by the Town Board shall be valid for one year after the date of approval, and must be renewed by the Town Board 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 Hurley in its sole discretion based on the unique characteristics of the site and taking into consideration the cost of its implementation and processing.
(8)
Bed-and-breakfast
inns.
[Added 11-17-2008 by L.L. No. 2-2008]
(a)
A bed-and-breakfast inn may be established and operated on an
existing lot used as a single-family residence. The site must be a
lot that conforms to the area and bulk standards of the district in
which it is located. The operator of the establishment shall be a
principal owner occupant of the existing residence.
(b)
A bed-and-breakfast shall retain at least one bedroom for the
exclusive use of the resident operators. The owner of the establishment
shall reside on the same property.
(c)
The bed-and-breakfast establishment shall neither offer more
than five rooms for rent for transient occupancy nor shall the establishment
accommodate more than 10 guests on any occasion.
(d)
Such use will have obtained approval by the Ulster County Health
Department for any required on-site sanitary sewage or water supply
facilities, including, as may be applicable, certification through
either the Health Department or a licensed professional engineer retained
by the applicant that the existing on-site water supply and sewage
disposal facilities are sufficient to accommodate the additional demands
of the bed-and-breakfast establishment on the residential premises
where such accessory use is proposed.
(e)
Off-street parking shall be provided in accordance with § 210-29 of this chapter. Parking, where practicable, shall be located behind the residential structure. Required off-street parking shall not be located within the required front yard setback. The Planning Board may require all off-street parking to be screened from abutting properties.
(f)
In order to effectuate the conversion of a portion of a residential
dwelling to a bed-and-breakfast establishment, no addition to the
structure greater than 100 square feet in gross floor area shall be
authorized.
(g)
The bed-and-breakfast shall be operated in a manner that is consistent with the general criteria set forth in section § 210-40C of this code, and is not operated in manner that is disruptive or disharmonious with adjacent residential uses in terms of noise; assembly of people; traffic, solid waste or wastewater generation; or demand on groundwater supplies.
(9)
Accessory
apartments. Apartments accessory to the principal permitted use of
a building are permitted in all districts where residences are permitted,
subject to the regulations and standards set forth below. It is the
intent of this provision to allow more efficient use of buildings,
especially large existing residences, and to expand rental housing
opportunities in the Town, particularly for small families. In furtherance
of this objective, a second dwelling unit is permitted in a new or
existing residential building, without an increase in lot area, subject
to the following conditions:
[Added 11-17-2008 by L.L. No. 2-2008]
(a)
Size and location of structure. An accessory apartment shall
be located in the principal dwelling, provided that such principal
building contains a minimum of 1,800 square feet of habitable space,
or in a permitted accessory structure.
(b)
Owner occupancy required. The principal residential structure
must be occupied as the principal residence of the record owner of
title as evidenced by a deed recorded in the office of the Clerk of
the County of Ulster.
(c)
Lot size. The lot must conform to the minimum lot area requirements
of the district in which it is located.
(d)
Apartment size. The minimum floor area for an accessory apartment
shall be 350 square feet, but in no case shall it exceed 35% of the
habitable area of the principal building or 650 square feet, whichever
is less. The accessory apartment shall have no more than one bedroom.
(e)
Apartment facilities. The accessory apartment shall be self-contained,
with cooking, sleeping, and sanitary facilities for use of its occupants
separate from the principal dwelling unit.
(f)
Number of accessory apartments and dwelling units. There shall
be no more than one accessory apartment or a total of two dwelling
units per residential lot under this section.
(g)
Sanitary utilities. The Planning Board shall require the applicant
for approval of an accessory apartment to demonstrate that the water
supply and means of wastewater treatment and disposal are approved
by the Ulster County Health Department.
(h)
Off-street parking. At least one additional off-street parking
space shall be provided for the accessory apartment. In no case shall
there be parking spaces for fewer than a total of three cars on the
property.
(i)
Foundation limitations. For an accessory apartment in the principal
structure, no exterior changes shall be made which will alter or extend
the existing foundation of the principal structure. For an accessory
apartment in an accessory structure, no exterior changes shall be
made which will extend the foundation of the accessory structure more
than 100 square feet to accommodate the accessory apartment.
(10)
Conversion of existing residential buildings into two-family, three-family
and multifamily dwellings. In any residential district, a residential
structure existing on a lot of conforming area, which existed on or
prior to September 1, 1989; as well as any existing nonresidential
structure in a residential district, may be divided into four or fewer
dwelling units, subject to the following requirements:
[Added 11-17-2008 by L.L. No. 2-2008]
(a)
The gross floor area of the building is not increased.
(b)
The total number of bedrooms in the structure is not increased.
(c)
At least two off-street parking spaces are provided for each dwelling
unit. No parking space shall be allowed in the required front yard
or within 15 feet of any properly line other than within an existing
driveway.
(d)
Each dwelling unit shall be equipped with complete bathroom and kitchen
facilities for the exclusive use of the occupants of each dwelling
unit.
(e)
The exterior appearance of the building shall be altered only to
the minimum extent necessary to accommodate the dwelling units.
(f)
Solid waste and recycling receptacles shall be kept in a screened
enclosure.
(g)
Sanitary utilities. The Planning Board shall require the applicant
to demonstrate that the water supply and means of wastewater treatment
and disposal are approved by the Ulster County Health Department.
(11)
Recreational campsites, recreational vehicle parks, cabin and bungalow
colonies.
[Amended 11-17-2008 by L.L. No. 2-2008[1]]
(a)
General requirements. Conditions of soil, groundwater
level, drainage and topography shall not create hazards to the property
or the health or safety of the occupants. The site shall not be exposed
to objectionable smoke, noise, odors or other adverse influences,
and no portion subject to unpredictable and/or sudden flooding, subsidence
or erosion shall be used for any purpose which would expose persons
or property to hazards.
(b)
Soil and ground cover requirements. Exposed
ground surfaces in all parts of every camping area shall be paved
or covered with stone screenings or other solid material or protected
with a vegetable growth that is capable of preventing soil erosion
and of eliminating objectionable dust.
(c)
Required separation between camping areas. Camping
units shall be separated from each other and from other structures
by at least 20 feet. Bays designed for travel trailers shall be at
least 12 feet wide and 50 feet long.
(d)
Density requirement. The density shall not exceed
10 camping spaces per acre of gross site area.
(e)
Required recreation area. In all recreational
camping areas there shall be at least one active recreation area which
shall be easily accessible from all camping areas. The size of such
recreation area shall be not less than 20% of the gross site area
or 5,000 square feet, whichever is greater.
(f)
Required setbacks from public streets. All campsites
shall be located at least 100 feet from any camping area boundary
line abutting upon a public street or highway.
(g)
Park/street system.
[1]
General requirements. All parking areas shall
be provided with safe and convenient vehicular access from abutting
public streets or roads to each camping space. Alignment and gradient
shall be properly adapted to topography. Surfacing and maintenance
shall provide a smooth, hard and dense surface which shall be well-drained.
[2]
Access. Access to camping and parking areas
shall be designed to minimize congestion and hazards at their entrance
or exit and allow free movement of traffic on adjacent streets. All
traffic into or out of the camping or parking areas shall be through
such entrances and exits.
[3]
Internal streets. Surfaced roadways shall be
of adequate width to accommodate anticipated traffic and in any case
shall meet the following minimum requirements:
[a]
One-way, no parking: 11 feet (acceptable
only if less than 500 feet total length and serving less than 25 trailer
spaces).
[b]
One-way, parking on one side only,
or two-way, no parking: 18 feet (acceptable only if serving less than
50 trailer spaces).
[c]
Two-way, no parking: 24 feet.
[d]
Two-way, parking on one side only:
27 feet.
[e]
Two-way, parking on both sides:
34 feet.
[4]
Off-street parking and maneuvering space. Each
travel trailer parking area shall provide sufficient parking and maneuvering
space so that the parking, loading or maneuvering of trailers incidental
to parking shall not necessitate the use of any public street, sidewalk
or right-of-way or any private grounds not part of the travel trailer
parking area.
(h)
Restriction of animals and pets. No owner or
person in charge of a dog, cat or other pet animal shall permit it
to run at large or to commit any nuisance within the limits of any
camping area.
(i)
Barbecue pits, fireplaces, stoves and incinerators.
Cooking shelters, barbecue pits, fireplaces, wood-burning stoves and
incinerators shall be so located, constructed, maintained and used
as to minimize fire hazard and smoke nuisance, both on the property
on which used and on neighboring property. No open fire shall be permitted
except in facilities provided. No open fire shall be left unattended.
No fuel shall be used and no material burned which emits dense smoke
or objectionable odors.
(j)
Length of stay. Camping spaces shall be rendered
by the day or week only, and the occupant of a camping space shall
remain in the same camping area not more than 30 days.
(k)
Maintenance. Grounds, buildings and all structures
shall be maintained free of insect and rodent harborage and infestation.
The storage, collection and disposal of refuse shall be so conducted
as to create no health hazards, rodent harborage, insect breeding
areas, accident or fire hazards or air pollution.
[1]
Editor’s Note: This local law provided for the redesignation of former § 210-35, Recreational campsites, travel trailers and cabins, Subsections A through L, as § 210-40D(11)(a) through (l), respectively.
(12)
Mining and quarrying. Excavation for the purpose of soil mining, such as gravel pits, quarrying or any subsoil removal, shall be allowed only by special permit in A-4 and I-1 Districts, subject to § 210-21 and the following provisions. Notwithstanding, property owners may utilize gravel, stone quarrying or use subsoil excavation on their own property for fill or leveling in order to enhance their own land holdings.
(a)
Before a special permit is issued, the applicant
shall submit to the Planning Board two copies of a map at a scale
of one inch equals no more than 100 feet, showing all land within
200 feet thereof, with exact locations of all buildings, streets,
utilities, drainage or other easements, watercourses, lot lines, block
and lot numbers and names of the landowners. Such map shall also show
the present topography at two-foot contour intervals. The map shall
be signed by a licensed engineer or land surveyor for certification
of its accuracy.
(b)
The applicant shall also submit to the Planning
Board two copies of the proposed plan of excavation at the same scale
as above, showing the proposed finished elevations at one-foot contour
intervals and the proposed drainage plan.
(c)
During excavation or quarry operations, no excavations
or piling of excavated material shall take place closer than 100 feet
to any property line or any street. In all cases, such operations
shall be entirely surrounded by a suitable fence, built with gates
provided with locks.
(d)
No rock crusher, cement plant or other crushing,
grinding, polishing or cutting machinery or other physical or chemical
process for treating the product of such excavation shall be permitted.
(e)
The proposed finished grading plan shall show
the land to be smooth-graded and topsoil respread to a minimum depth
of four inches; slopes shall not exceed the normal angle of repose
of the material removed.
(f)
The applicant shall be required to furnish a
performance bond, in an amount determined by the Zoning Enforcement
Officer, to be sufficient to guarantee completion of the finished
grading and drainage plan. Such bond shall be released only upon certification
by the Zoning Enforcement Officer that all requirements, including
the finished grading and drainage, have been complied with.
[Amended 11-22-2022 by L.L. No. 7-2022]
(g)
No special permit for excavation operations
or soil mining shall be granted for a period of more than three years,
but such permit may be extended for an additional two years upon approval
of the Planning Board.
(h)
Upon approval, one copy of the approved excavation
plat shall be returned to the applicant by the Town Clerk, together
with the special permit, upon the payment of a fee as set forth in
the fee schedule, as adopted and amended from time to time by resolution
of the Town Board, to cover all engineering and other costs directly
attributable to the approval and office and field checking of the
proposed soil mining operations.
(i)
Where a proposed mine or quarry is under review for a state mined
land reclamation permit from the New York State Department of Environmental
Conservation (NYSDEC), the application to the Planning Board shall
include all documentation submitted to NYSDEC. Where there is any
conflict between the standards in this subsection and those set forth
in New York State Mined Land Reclamation Law (NYSMRL), the standards
of NYSMRL shall apply.
[2]
Editor’s Note: This local law provided for the redesignation of former § 210-33, Excavations for soil mining, Subsections A through H, as § 210-40D(12)(a) through (h), respectively, and the addition of § 210-40D(12)(i).
(13)
Commercial telecommunications facilities.
[Added 1-21-2018 by L.L.
No. 3-2018]
(a)
No commercial telecommunications facility (CTF) shall hereafter
be used, erected, moved, reconstructed, changed or altered nor shall
any existing structure be modified to serve as a commercial telecommunications
facility unless in conformity with the standards, regulations and
procedures set forth below.
(b)
Purpose.
[1]
Preserve the character and appearance of the Town while simultaneously
allowing adequate commercial 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 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 telecommunications facilities;
[5]
Preserve property values;
[6]
Minimize the total number and height of facilities throughout
the community while providing adequate coverage for the Town of Hurley;
[7]
Locate CTFs 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 CTFs to configure them so as to
minimize and mitigate the adverse visual impact of the facilities;
and
[9]
Provide opportunities for the location of emergency service
telecommunications systems on commercial facilities and to encourage
commercial facilities to expedite such co-location.
(c)
Application for a special use permit required.
[1]
An applicant shall be required to submit an application for a special use permit in accordance with the requirements of § 210-40 of this chapter.
[2]
All special use permit applications require site plan review. In addition to the data required in §§ 210-40 and 210-41, applications for CTFs shall be accompanied by the supporting documentation set forth in § 210-40D(13)(g) below.
[3]
The cost of any reviews by outside experts deemed necessary
by the Planning Board to fulfill any of its responsibilities hereunder
shall be at the applicant's expense. Such experts may include but
not be limited to civil engineers, professional planners, attorneys
and radio frequency engineers.
(d)
Design standards.
[1]
Policies. The standards set forth below are intended to implement
the following policies regarding location and design of CTFs:
[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 CTF
is located within or visible from significant viewsheds, open spaces
or historic sites.
[d]
Co-location of facilities is preferred to new facilities.
[e]
Type 4 or 5 facilities, as described in Subsection 210-40D(13)(d)[2] below, shall only be approved if the applicant can demonstrate that adequate service cannot be provided by use of Type 1, 2 or 3 facilities.
[f]
The maximum permitted tower height shall be 150
feet and shall only be allowed at this height when absolutely necessary
to provide coverage.
[2]
Priority of facility types. In accord with the policies set
forth in § 210-40D(13)(d)[1][a] above, the Town of Hurley
shall give preference to the location and design of CTFs 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 poles, water towers, etc., in such a way that
the commercial telecommunications facility 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 co-located on existing commercial
telecommunications towers that have previously been approved under
this section.
[d]
Type 4: new commercial telecommunications towers
located on the same site as a similar tower previously approved under
this section.
[e]
Type 5: new commercial telecommunications towers
on new sites.
[3]
Detailed design standards.
[a]
Type 2 facilities located on existing utility poles
or similar structures shall be of a size, color and profile to minimize
visibility.
[b]
Type 3 facilities (co-located) shall be designed
so that the height of the tower is not increased and the existing
design elements are maintained.
[c]
Type 3, 4 and 5 facilities shall be subject to
the following standards:
[i]
The facility shall not be sited in an open field,
meadow or similar unwooded area.
[ii]
The height of any new tower shall be below that
which would require the need for artificial lighting.
[iii]
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.
[iv]
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.
[v]
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.).
[d]
Antennas should be designed with a minimum of protruding
elements and shall be as close to the supporting building, pole or
tower as possible.
[e]
Equipment shelters and similar accessory structures
shall be of the minimum size necessary and shall either be concealed
in existing structures or utilize materials, colors, shapes and textures
that blend with the immediate surroundings or be buried underground.
[f]
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.
[g]
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.
[h]
The Planning Board shall require a review by a
qualified structural engineer or other expert of the height and structural
design of any new tower.
[i]
All proposed Type 4 or 5 commercial telecommunications
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.
[i]
All tower bases must be located at a minimum setback
of 1.5 times the tower height from any property line. 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.
[ii]
Accessory structures and repeaters must comply
with the minimum setback requirements in the underlying district.
(e)
Site planning standards.
[1]
Existing vegetation. Existing on-site vegetation shall be preserved
to the maximum extent possible, and no cutting of trees exceeding
eight inches in diameter (measured at a height of four feet off the
ground) shall take place prior to approval of the special use permit.
Clear-cutting of all trees in a single contiguous area exceeding 20,000
square feet shall be prohibited.
[2]
Screening. Deciduous or evergreen tree plantings shall be required
where deemed necessary to screen portions of the facility and accessory
structures from nearby residential properties 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.
[3]
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. Straight roads perpendicular to the prevailing
grade shall be avoided to the maximum extent possible.
[4]
Parking. No parking space shall be located in any required setback.
[5]
Fencing. Sites of proposed new towers and sites where modifications
to existing towers are proposed shall be adequately enclosed by a
fence, 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 telecommunications
facility site and all structures situate thereon are safe and secure
for all purposes, uses and activities.
(f)
Location and co-location of CTFs.
[1]
Location. CTFs shall only be located, upon issuance of a special
use permit, in accord with the following standards:
[a]
CTFs which qualify as preferred facility Types 1 or 2, as defined in § 210-40D(13)(d)[2] above, are allowed by special use permit at any location in Town.
[b]
CTFs which qualify as Types 3, 4, or 5, as defined in Subsection D(13)(d)[2] above, shall be permitted only in the A-2.5 and A-4 Zoning Districts.
[2]
Type 3, shared use of existing facilities. At all times, shared
use of existing facilities shall be preferred to the construction
of new facilities. An applicant shall be required to present an adequate
report inventorying existing facilities 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.
[a]
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.
[b]
The Planning Board may consider a new commercial
telecommunications 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 facilities 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.
[3]
Type 4, 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 § 210-40D(13)(f)[2] above.
[4]
Type 5, new tower at a new location. The Planning Board may consider a new commercial telecommunications 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 § 210-40D(13)(f)[2] above.
[5]
Future shared usage of new facilities. The applicant shall design
any proposed new commercial telecommunications tower to accommodate
future demand for new facilities and shall provide written commitment
to allow such future co-location of facilities for other CTF service
providers. The scope of this analysis shall be determined by the Planning
Board. This requirement may be waived only if the applicant demonstrates
that provisions of future shared usage of the facility are not feasible
and an unnecessary burden, based upon:
[a]
The number of Federal Communications Commission
(FCC) licenses foreseeably available for the area;
[b]
The kind of tower site and structure proposed;
[c]
The number of existing and potential licenses without
tower spaces;
[d]
Available spaces on existing and approved facilities;
and
[e]
Potential adverse visual impact by a tower designed
for shared usage.
(g)
Supporting documentation. In addition to the application for
a special use permit, the applicant shall also submit the following:
[1]
Visual impact report. For any facility Type 3, 4 or 5, as described in § 210-40D(13)(d)[2] above, 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 five-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.
[2]
Visual impact assessment. Based on the results of the zone of
visibility 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. 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 to be appropriate:
[a]
Assessment of before and after views from key viewpoints
both inside and outside of the Town, including state highways and
other major roads, state and local parks, and 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. A photo simulation to evaluate such impacts may
be required.
[b]
Assessment of alternative tower designs and color
schemes.
[c]
Assessment of the visual impact of the tower base,
guy wires, accessory buildings and overhead utility lines from abutting
properties and streets.
[3]
Site selection report.
[a]
Inventory of existing sites. The site selection
report shall include an inventory of existing wireless telecommunications
facilities, towers, and antenna sites within a reasonable distance
(at least two miles in all directions) from the proposed site, outlining
opportunities for shared use as an alternative to the proposed site.
The applicant must demonstrate that the proposed tower, facility or
antenna cannot be accommodated on an existing tower, building or structure.
The documentation of existing sites shall include, but not be limited
to, location (address and latitude and longitude), ground elevation,
type of structure, antenna height, type of service, and name of owner
or service provider.
[b]
Siting criteria. A description of the siting criteria
and the process by which other possibilities were considered and eliminated,
including but not limited to real estate search areas, accessibility
to roads and utilities, distances and bearings to other system sites,
acceptable radio signal levels and radio coverage areas, and/or microwave
interconnection path requirements. The applicant shall support this
statement with the submission of a study comparing all potential host
sites within an approximate two-mile radius of the subject site. This
study should include a description of the surrounding sites and a
discussion of the ability or inability to host a facility.
[c]
Service coverage analysis. A service coverage map
and report shall be provided. These maps shall demonstrate how the
proposed facility works with existing facilities in the area to fill
coverage gaps and/or holes in service. The service coverage map shall
locate all existing sites in the Town and in bordering communities,
which contain communications towers or related facilities. A detailed
report shall accompany the service coverage map and shall indicate
why the proposed communications tower, equipment and facility are
necessary. The report shall identify locations within the proposed
project site service coverage area, which are not, and could not be,
served by either existing facilities, by collocation, utilization
of alternative technology or an alternative tower structure. Measured
data or drive testing results may be requested to demonstrate the
accuracy of computer-generated simulations of radio coverage.
[d]
Radio frequency effect. Federal law currently provides
that local municipal regulation of cellular communication and PCS
towers based upon the environmental effect of radio-frequency emissions
is preempted and prohibited as long as those emissions comply with
FCC standards. The applicant shall provide sufficient evidence that
the telecommunications facility will comply with Federal Communications
Commission (FCC) radio frequency emission standards (FCC OET Bulletin
65).
[4]
Build-out plan. With any carrier's first application for a commercial
telecommunications facility following the date of passage of this
chapter, a build-out 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 build-out 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
build-out plan shall include a narrative which explains the basis
for selecting or eliminating sites.
[5]
Alternative build-out plans. If the applicant is proposing a Type 3, 4 or 5 facility, as defined in § 210-40D(13)(d)[2] above, the build-out plan described above shall be accompanied by an alternative plan(s) utilizing a combination of Type 1 or 2 facilities or an analysis demonstrating that such an alternative is not feasible.
(h)
Maintenance and removal of facilities.
[1]
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 Hurley, prior to approval of any application
and/or license, a maintenance and/or performance bond in an amount
sufficient to cover the cost of 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.
[2]
Structural inspection.
[a]
The CTF owner shall establish an escrow account
with the Town of Hurley to pay for an independent licensed structural
engineer hired by the Town of Hurley 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.
[b]
Should the inspection of any CTF 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.
[c]
Any modification of any existing CTF 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.
[3]
Removal of facilities.
[a]
Any CTF 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 CTF and its equipment on a continuous basis
for a period in excess of six months.
[b]
Prior to special use permit approval being granted
by the Planning Board, the CTF 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 telecommunications facility 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 facility's 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. The amount of financial
surety shall be reviewed every three years and, if necessary, increased
to reflect current costs of facility removal and site reclamation.
[c]
As part of the application process, the applicant
shall submit to the Planning Board a letter of commitment which shall
commit the CTF 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 this chapter. 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 Hurley 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.
[d]
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.
(i)
Approval and conditions.
[1]
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:
[a]
That the applicant is not already providing adequate
coverage and/or adequate capacity to the Town of Hurley;
[b]
That the applicant is not able to use existing
facilities or sites to provide adequate coverage and/or adequate capacity
to the Town of Hurley;
[c]
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 telecommunications providers;
[d]
That the proposed CTF 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
[e]
That the proposed CTF shall comply with all FCC regulations regarding emissions of electromagnetic radiation, and that the required monitoring program described in § 210-40D(13)(j) below is in place and shall be wholly paid for by the applicant.
[2]
Authority to impose conditions.
[a]
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 CTF, including
that the special use permit may require periodic renewal.
[b]
The Planning Board shall act and render any special
use permit final decision upon an application for a CTF in conformance
within 47 U.S.C. § 332(7) of the Telecommunications Act
of 1996, as promulgated and amended. In addition to the definition
set forth, in this chapter, the term "commercial telecommunications
facility" shall be deemed to encompass and regulate "personal wireless
service facilities" as said facilities are defined at 47 U.S.C. § 332(7)(c)(i-iii).
(j)
Monitoring and evaluation of compliance.
[1]
Pretesting. After the granting of a special use permit and before
the facility begins transmission, the applicant shall retain an independent
consultant, at the applicant's expense, to monitor the background
levels of EMF radiation around the proposed facility site and/or any
repeater locations to be utilized for the 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]
Posttesting. 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 Building
Inspector 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 Building
Inspector 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 CT 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 be subject to penalties, fines and enforcement as specified in VIII, § 210-57A, of this chapter. 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
use permit was based.
(k)
Commitment for future shared use. New wireless communications
towers shall be designed to accommodate future shared demand for reception
and transmitting facilities. The applicant shall submit to the Town
Board and Planning Board an irrevocable letter of intent committing
the owner of the proposed new tower, and its successors in interest,
to permit shared uses of the proposed tower by other telecommunications
providers in the future. This letter shall also be filed with the
Building Inspector prior to issuance of a building permit. Failure
to abide by the conditions outlined in the letter may be grounds for
revocation of the site plan approval following a hearing and opportunity
to be heard. The letter shall commit the new tower owner and its successors
in interest to the following:
[1]
To notify all carriers licensed to provide telecommunications
services within the Town of its application and that it will entertain
requests for co-location.
[2]
To respond within 90 days to a request for information from
a potential shared-use applicant.
[3]
To use best efforts and negotiate in good faith concerning future
requests for shared use of the tower by other telecommunications providers.
[4]
To allow shared use of the tower if another telecommunications
provider agrees in writing to pay reasonable charges. The charge may
include but is not limited to a pro rata share of the cost of site
selection, planning, project administration, land costs, site design,
construction and maintenance financing, return on equity and depreciation,
and all of the costs of adapting the tower or equipment to accommodate
a shared user without causing electromagnetic interference.
[Amended 9-21-1991 by L.L. No. 1-1991; 4-8-1999 by L.L. No. 1-1999; 12-21-2007 by L.L. No. 6-2007]
A.
Approval required. No building permit shall be issued and no structure or use shall be established for any use designated in § 210-10, Permitted uses in all districts, as subject to site plan review except in conformity with a site development plan approved by the Planning Board, and no certificate of occupancy for such structure or use shall be issued until all the requirements for such approval and any conditions attached thereto have been met. The continued validity of any certificate of occupancy shall be subject to continued conformance with such approval plan and conditions. Revisions of such plans shall be subject to the same approval procedure.
[Amended 9-21-1991 by L.L. No. 1-1991]
B.
Application for site development plan approval. Any application for a building permit for a use requiring site development plan approval shall be made to the Zoning Enforcement Officer and shall be accompanied by a detailed development plan prepared by a qualified individual or firm, such as a registered architect or professional engineer, which plan shall contain the following information: a map showing the applicant's entire property and adjacent properties and streets, at a convenient scale; the proposed location, use and design of all buildings and structures; any proposed division of buildings into units of separate occupancy; existing topography, flood hazard areas, if any, and proposed grade elevations; location of all existing and proposed site improvements, including drains, culverts, retaining walls and fences; description of the method of water supply and sewage disposal and the location of such facilities; location and size of all signs; location and design of landscaping and buffer areas, location and design of lighting, power and communication facilities; and any other pertinent information as may be necessary to determine and provide for the proper enforcement of this chapter. All exterior lighting fixtures shall comply with the then-current guidelines published by the International Dark-Sky Association. A stormwater pollution prevention plan consistent with the requirements of Article I and II of Chapter 168 shall be required for site plan approval when land disturbance is one acre or more. The SWPPP shall meet the performance and design criteria and standards in Article II of Chapter 168. The approved site plan shall be consistent with the provisions of Chapter 168. The amount of land disturbance in acres for the tract shall be included. If a stormwater pollution prevention plan is not required, the subdivision plan will include GPS (Global Positioning System) reference data for stormwater outfalls and permanent structures built in accordance with New York State Stormwater Management Design Manual.
[Amended 12-21-2007 by L.L. No. 6-2007; 8-23-2021 by L.L. No. 1-2021; 11-22-2022 by L.L. No. 7-2022]
C.
Referral of application to Planning Board. Each application requiring site development plan approval, together with the required information described in § 210-41B above, shall be referred to the Planning Board by the Zoning Enforcement Officer within five days of the date of application. The applicant shall then be advised to appear at the next scheduled Planning Board meeting to discuss this proposal. Within 62 days of the date of the applicant meeting at the Planning Board meeting, the Planning Board shall forward its recommendation to the Zoning Enforcement Officer and the applicant and shall indicate whether the application should be approved, disapproved or approved with modifications and shall specify what modifications, if any, are necessary. No action shall be taken by the Zoning Enforcement Officer regarding the issuance of the permit applied for until the Planning Board has rendered its decision.
[Amended 4-8-1999 by L.L. No. 1-1999; 11-22-2022 by L.L. No. 7-2022]
D.
Standards
for site development plan approval.
(1)
In
acting on any site development plan application, the Planning Board
shall take into consideration the recommendations of the Town Development
Plan, the Official Map, the proposed location, height and bulk of
buildings, traffic circulation within and without the site, provisions
of off-street parking space, exterior lighting, buffer areas and other
open spaces and display of signs so that any development will have
an harmonious relationship with the existing or permitted development
of contiguous land and of adjacent neighborhoods and so that pedestrian
and vehicular traffic will be handled adequately and safely within
the site and in relation to the adjoining street system.
(2)
The
Planning Board shall also consider the comments and recommendations
of all Town agencies interested in the application and all agencies
to which referral is mandated by law. The Planning Board will also
notify all abutting landowners noted on the drawings with respect
to the application for site plan approval.
(3)
The
Planning Board may hold a public hearing if deemed necessary in the
manner provided in § 274-a, Subdivision 7, of the Town Law of
the State of New York.
[Amended 4-8-1999 by L.L. No. 1-1999]
(4)
The
Planning Board may schedule an on-site investigation to be accompanied
by the applicant.
A.
Purpose.
The A-4 District includes those areas of the Town in which development
may pose the greatest potential for visual impacts. These districts
include the Town’s highest elevations on the slopes of Tonshi
and Ohayo Mountain, the lands surrounding the Ashokan Reservoir, the
escarpment above the Hurley Flats and the agricultural lands of the
Flats. The purpose of this section is to provide a procedure to assess
the visual impact of proposed development in these areas and to establish
standards and guidelines to minimize such impact.
B.
Applicability.
(1)
The procedures and requirements of this subsection
shall apply when an application is submitted to the Zoning Enforcement
Officer for a building permit in the A-4 District to erect a new structure
or an addition to an existing structure when such addition exceeds
a floor area of 1,000 square feet.
[Amended 11-22-2022 by L.L. No. 7-2022]
(2)
The provisions of this subsection shall not apply
to lots in a subdivision for which the Planning Board has previously
established building locations and site disturbance limitations as
a condition of approval.
C.
Procedures.
(1)
Upon receipt of an application for a building permit,
the Zoning Enforcement Officer shall refer the application to the
Planning Board for review in accord with the provisions of this subsection.
[Amended 11-22-2022 by L.L. No. 7-2022]
(2)
The Planning Board shall place the matter on the agenda
of its next regularly scheduled meeting for discussion with the applicant
and review of building plans and related materials.
(3)
Field
visit. At the meeting in which the application is being considered,
the Board may schedule a field trip to the site of the proposed construction,
accompanied by the applicant or his or her agent. The Board may also
make arrangements for a field visit by individual Board members, accompanied
by the applicant or his or her agent. Prior to such field trips or
visits, the Planning Board may require staking and other field identification
of driveway center lines, building corners, sanitary facilities and
property lines.
(4)
Data
requirements. In order for the Planning Board to properly consider
the proposed construction in compliance with the standards in this
subsection, the Board may request submission of the following data,
as warranted on a case-by-case basis and if not deemed to be unduly
burdensome for the applicant to provide:
(a)
A to-scale map of the property, showing accurate locations of property
lines, means of access, and proposed structural and sanitary improvements.
The Board may require submission of a property survey or a site plan
prepared by a licensed professional.
(b)
Information about existing topography and soil conditions and existing
vegetative cover; and proposed site disturbance and regrading plans,
including revegetation and landscaping plans.
(c)
Information about on-site stormwater management and erosion and sedimentation control measures, including plans required by and submitted to any other approving agencies that show compliance with the applicable provisions of the New York State stormwater SPDES regulations, and all applicable local stormwater management regulations, as set forth in Chapter 168 of this Code.
(d)
Building elevations, floor plans and related architectural details;
and samples of siding and roofing materials.
(e)
Supporting documentation on proposed foundations; retaining walls;
building materials and finishes and exterior lighting.
(f)
A view shed analysis, including photographic documentation of existing
views of the site and simulations of future views after site construction.
(5)
The Planning Board may take any one of the following
actions after meeting with the applicant and determining that it has
a complete application:
(a)
It may determine, based on available data, that
the proposed building will not be visible from nearby roadways or
significant viewing points and that it will have no visual impact.
(b)
It may determine that the design, location and
materials of construction of the proposed building combined with the
proposed preservation of natural vegetation will mitigate any visual
impacts to the maximum extent practicable.
(c)
It may require that additional information be
provided as to building size, features, location and materials and
existing site vegetation and proposed site disturbance so that sufficient
data is available to serve as the basis for the Board's decision.
(d)
It may require modifications to the building
layout and location, the extent of site disturbance or vegetation
removal, or other aspects of the site layout that it deems necessary
to reduce identified visual impacts. The Board may require substantial
tree and shrub replanting and other remedial measures to restore vegetation
on sites where significant disturbance cannot be avoided.
(e)
The Planning Board may disapprove a plan that does not meet the standards of this subsection. In making such disapproval, the Planning Board must clearly state its findings and all identified visual impacts. The Board shall also indicate to the applicant those site modifications, as provided or under Subsection C(5)(d), which would create a development layout that would achieve a greater degree of conformance with the standards and objectives of this subsection.
(6)
The Zoning Enforcement Officer shall not issue a building
permit until either:
[Amended 11-22-2022 by L.L. No. 7-2022]
(7)
Any
modifications found necessary by the Planning Board shall be attached
to the building permit as a condition of approval.
D.
Standards.
In its review of applications, the Planning Board shall consider the
following standards and guidelines in its assessment of the visual
impact of buildings. The views to be considered shall be those from
public roads, public parks or other public open space, the Ashokan
Reservoir and its adjacent land and roadways and the Hurley Historical
District.
(1)
The highest point of a building shall not extend above
the elevation of the nearest ridgeline.
(2)
The exterior of buildings shall be of muted colors
and nonreflective materials so as to blend in with the natural background.
(3)
Existing vegetation and natural growth shall be retained
to the maximum extent practicable to screen buildings and to avoid
distinct boundary edges between natural vegetation and developed sites.
(4)
Changes in the natural contours shall be kept to the
necessary minimum and all disturbed areas shall be restored with vegetation
compatible with the surrounding area.
(5)
Exterior lighting fixtures shall be no higher than
15 feet above the average finished grade within a twenty-foot radius.
The light source shall be shielded from direct view above a line drawn
from the lowest point on the light source to the ground at an angle
of 45°.
(6)
Buildings shall be set back 100 feet from the edge
of escarpments where possible.
(7)
The
Planning Board shall make reasonable efforts to balance the need for
minimizing potential visual impacts from new development with the
need to allow applicants to design and locate structures in a manner
that minimizes energy consumption and utilizes renewable energy resources.
E.
[2]Issuance of permit. If the report of the Planning Board
indicates that all applicable requirements have been met and the Zoning
Enforcement Officer has determined that all other applicable laws
have been complied with, the Zoning Enforcement Officer shall take
action to approve, with appropriate conditions, the permit, and he
or she shall issue the permit for which application has been made,
with said conditions noted thereon. The Zoning Enforcement Officer
shall attach such conditions and safeguards to the permit as may have
been recommended by the Planning Board in its report. If the Planning
Board shall make a finding that any of the applicable requirements
have not been met, the Zoning Enforcement Officer shall deny the issuance
of a permit for which application has been made.[3]
[Amended 11-22-2022 by L.L. No. 7-2022]
F.
Appeal
of decision of Zoning Enforcement Officer. If the Zoning Enforcement
Officer, after consideration of the report of the Planning Board,
issues the permit applied for, any person aggrieved by said action
or, in case the Zoning Enforcement Officer denies the issuance of
such permit, the applicant shall have the right to have the Zoning
Board of Appeals entertain, hear, consider and determine such matter
and have the decision and action of the Zoning Enforcement Officer
reviewed, as provided for in this chapter.
[Amended 11-22-2022 by L.L. No. 7-2022]
G.
Expiration
of site plan approval. Site plan approval by the Planning Board shall
be deemed to authorize only the particular use or uses specified in
the approval and shall expire if: a building permit is not requested
within 12 months from the date of approval; a certificate of occupancy
is not requested within 24 months from the date of approval; or if
said uses shall cease for more than 12 months for any reason, including,
but not limited to, lack of operation or maintenance in accordance
with the conditions and safeguards established at the time of approval.
An extension of the site plan approval may be granted by a majority
vote of the Planning Board.
[1]
Editor’s Note: Former § 210-43, Accessory
apartments and conversions, added 9-21-1991 by L.L. No. 1-1991, was
repealed 11-17-2008 by L.L. No. 2-2008.
[Added 9-21-1991 by L.L. No. 1-1991;
amended 5-28-2019 by L.L. No. 1-2019]
A.
Purpose. The purpose of this district is to preserve property values
while preventing adverse traffic conditions by providing opportunities
for optional use of properties on Route 28 for which residential use
may no longer be suitable. The additional uses permitted, subject
to specific standards, are in addition to those permitted in the underlying
NC - Neighborhood Commercial Zoning District.
C.
Design standards for Route 28 Overlay District. The New York State
Route 28 within the Town of Hurley is an important gateway to the
Catskill Park and also provides an opportunity for the introduction
of new buildings or the rehabilitation of existing structures on previously
developed sites. The Town Board recognizes the importance of design
guidelines for the New York State Route 28 corridor to provide guidance
for creating aesthetically pleasing and functional development within
the hamlet of West Hurley. Design guidelines provide a basis for property
owners, architects, engineers, landscape architects, developers, Planning
Board members, residents and Town officials to address site development
issues within the New York State Route 28 corridors.
More specifically, design guidelines are intended to:
(1)
Stimulate improvements to existing structures and encourage new development
within these commercial corridors.
(2)
Improve the appearance of the New York State Route 28 corridor in
West Hurley to sustain interest in and the viability of this area
as a hub of retail, office and other commercial activity.
(3)
Provide a consistent methodology for review of proposed projects.
(4)
Inspire creativity and quality in design of all structures and in
site development.
(5)
Foster an exchange of ideas among developers, Town officials and
residents in an effort to improve the quality of design in all projects
both public and private.
D.
Design guidelines adopted. To encourage high-quality and aesthetically
pleasing design of commercial properties within the Town's New York
State Route 28 corridor, the Town of Hurley Town Board hereby appends
the document entitled "Design Guidelines for New York State Route
28 Corridor," which is provided herein as Schedule D.[1] This document shall provide general guidelines and principles
appropriate to the site design of commercial properties as well as
the architectural features of commercial buildings, along with visual
examples of attractive and effective application of such design principles
for use in the development of site plan applications, building elevations
and as a basis for the Planning Board's review and comments regarding
such applications.
[1]
Editor's Note: Said design guidelines are included as an attachment to this chapter.
E.
Conflicting provisions. If any provisions of these design guidelines
are inconsistent with one another, or if they conflict with provisions
found in other adopted codes, ordinances, or regulations of the Town
of Hurley, New York, the more restrictive provision will control unless
otherwise expressly provided.
[Added 9-21-1991 by L.L. No. 1-1991]
A.
Objectives.
(1)
The regulations and procedures in this section have
been developed because it is recognized that, in certain instances,
flexibility in the type, standards and mixture of residential uses
may benefit the Town and its residents. This is particularly true
of residential developments which are planned and developed as a unit,
which are self-contained, and which occupy sites of sufficient size
to provide adequate separation from adjacent uses and properties.
Therefore, it is the primary objective of this section to provide
procedures so that the Town may consider whether specific development
proposals, which meet the general standards established herein, conform
to the objectives of the concept plan for the Town, will benefit the
general welfare of the community and could not be equally as well
located in another zoning district already designated on the Zoning
Map for the proposed use.
(2)
This section recognizes that while the standard zoning
function (use and bulk) and the subdivision function (platting and
design) are appropriate for the regulation of land use in areas that
are already substantially developed, these controls may restrict and
inhibit the flexible techniques of land development contained in the
planned development concept. Further, it is recognized that a rigid
set of bulk and use specifications would frustrate the application
of this concept. Thus, where PRD techniques are deemed appropriate
through the rezoning of land to a planned residential development
district by the Town Board, the area and bulk requirements specified
elsewhere in this chapter are hereby replaced by an approval process
in which an approved plan becomes the basis for continuing land use
controls.
(3)
In order to carry out the intent of this section,
a PRD shall achieve the following objectives.
(a)
A maximum choice in the types of environment,
occupancy, tenure, types of housing, lot sizes and community facilities
available to existing and potential Town residents at all economic
levels.
(b)
Flexibility in the location and design of small
scale nonresidential uses which support and are compatible with residential
areas.
(c)
The preservation of trees, outstanding natural
topography and geologic features and prevention of soil erosion.
(d)
A creative use of land and related physical
development which allows an orderly transition between lands of differing
characteristics.
(e)
An efficient use of land resulting in smaller
networks of utilities and streets.
(f)
A development pattern in harmony with the objectives
of the Town of Hurley Comprehensive Plan.
B.
General requirements for planned residential development.
(1)
Minimum area. The minimum area required for a planned
residential development district shall be 50 acres.
(2)
Ownership. The tract of land for a PRD must be owned,
leased or controlled by a single person, partnership or a corporation.
Any approvals or conditions imposed shall be binding on all future
owners or tenants as well.
(3)
Location of PRD districts. The PRD district shall
be restricted to sites in the Town that have at least 200 feet of
frontage on and direct access to a state or county highway.
(4)
Permitted uses. All uses within an area designated
as a PRD district shall be determined by the provisions of this section
and the approval of the project concerned. Permitted uses may include
any one or a combination of the following:
(a)
Residential uses. Residences may be of any type
or combination of types, including single-family homes, townhouses
or multifamily residences.
(b)
Nonresidential uses. The only nonresidential
uses permitted shall be those which are clearly incidental to and
provide services to the primary residential uses, such as neighborhood
stores, community services, etc. Consideration shall be given to the
design, function and location of such uses in determining their appropriateness
as part of the PRD.
(c)
Customary accessory or associated uses. Accessory
uses, such as private garages, storage places, recreational and community
activities, churches and schools shall also be permitted as appropriate
to the PRD.
(5)
Intensity of land use.
(a)
Maximum density. Because land is used more efficiently
in a PRD, improved environmental quality can often be produced with
a greater number of dwelling units per gross site area than usually
permitted in traditionally zoned districts. The Town Board shall determine
in each case the appropriate land use intensity and/or dwelling unit
densities for individual projects. The determination of land use intensity
ratings or dwelling unit densities shall be completely documented,
including all facts, opinions and judgments justifying the selection
of the rating or density. However, the following maximum land use
intensities shall not be exceeded:
(b)
Minimum scale of development. Since one purpose
of these PRD regulations is to accommodate development which cannot
easily be situated within a zoning district already designated and
one measure of such circumstances is the scale of proposed development,
the initial size of any development proposed in a PRD district shall
be not less than 50 dwelling units.
(6)
Common property and open space.
(a)
"Common property" in a PRD is a parcel or parcels
of land, together with the improvements thereon, the use and enjoyment
of which is shared by the owners and occupants of the individual building
sites. Common property may be either in public or private ownership.
When common property exists in private ownership, satisfactory arrangements
must be made for the improvement, operation and maintenance of such
common property and facilities, including private streets, drives,
service and parking areas and recreational and open space areas.
(b)
At least 30% of the gross site area in a PRD
shall be set aside as open space and shall remain and be maintained
open in perpetuity. "Open space" does not include roads, utility rights-of-way,
drainage channels or any other open areas with a minimum dimension
of 200 feet at any point. Such open space shall not be disposed of
for any future development, but may, at the Town's option, be conveyed
to the Town or to an appropriate not-for-profit corporation or association
formed to operate and maintain said open space.
(c)
The ownership of open space land created as
part of a PRD shall be approved by the Town Board. The Town Board
shall retain the right to review and approve the articles of incorporation
and charter of any ownership entity and to require whatever conditions
it shall deem necessary to ensure that the intent and purpose of this
section are carried out.
C.
Planned residential development application procedure
and zoning approval process.
(1)
General. Whenever any Planned Residential Development
(PRD) is proposed, before any permit for the erection of a permanent
building in such PRD shall be granted and before any subdivision plan
or any part thereof may be filed in the office of the County Clerk,
the developer or his or her authorized agent shall apply for and secure
approval of such PRD in accordance with the following procedures.
(2)
Application to the Planning Board for sketch plan
approval.
(a)
In order to allow the Planning Board and the
developer to reach an understanding on basic design requirements prior
to final design, the developer shall submit a sketch plan of his or
her proposal to the Planning Board. The sketch plan shall be to scale
and shall clearly show the following information:
[1]
The location of the various types of residential
uses and their areas in acres.
[2]
The layout of the interior roadway system and
all existing rights-of-way and easements, whether public or private;
the location and design of parking and loading areas; access and egress
locations.
[3]
The location, height and use of all buildings,
plus a calculation of the density per gross acre (total area, including
interior roadways) for each use type and for each subarea or section.
[4]
The location and size of recreation and open
space systems and buffer areas.
[5]
The overall drainage system; watercourses; wetlands;
wooded areas; fences, walls, rock outcroppings, etc.
[6]
A topographic map showing contour intervals
of not more than five feet of elevation along with an overlay outlining
areas where grades exceed 15% and portions of the site having a moderate
to high susceptibility to erosion or a moderate to high susceptibility
to flooding and ponding.
[7]
Location and preliminary design of sewage disposal
and water supply systems.
[8]
General description of the impact on community
facilities, such as schools, fire protection services and cultural
facilities, if any, and some indication of how these impacts are proposed
to be accommodated.
[9]
A location map showing uses, ownership and physical
features of adjacent lands within 2,500 feet and analysis of the impact
on water supply, sewage disposal and surface drainage of such properties.
(b)
In addition, the following documentation shall
accompany the sketch plan:
[1]
A general statement as to how common open space
is to be owned and maintained.
[2]
If the development is to be staged, a general
indication of how the staging is to proceed. Whether or not the development
is to be staged, the sketch plan shall show the intended total project.
[3]
Evidence of any sort in the applicant's own
behalf to demonstrate his or her competence to carry out the plan
and his or her awareness of the scope of such a project, both physical
and financial.
(3)
Planning Board review. The Planning Board shall review
the sketch plan and its related documents and shall render either
a favorable report to the Town Board or an unfavorable report to the
applicant. The Planning Board may, at its option, hold a public hearing
prior to its action.
(a)
A favorable report shall include a recommendation
to the Town Board that a public hearing be held for the purpose of
considering the designation of a PRD district. It shall be based on
the following findings, which shall be included as part of the report:
[1]
The proposal meets the intent and objectives
of planned residential development and this chapter.
[3]
The proposal is conceptually sound in that it
meets local and area-wide needs and it conforms to accepted design
principles in the proposed roadway and pedestrian system, land use
configuration, open space system, drainage system and scale of the
elements, both absolutely and to one another.
[4]
There are adequate services and utilities available
or proposed to be made available in the construction of the development.
(b)
An unfavorable report shall state clearly the
reasons therefor and, if appropriate, point out to the applicant what
modifications might be considered in order to receive a favorable
report.
(4)
Application to the Town Board for PRD districting.
(a)
Upon receipt of a favorable report from the Planning Board, the Town Board shall proceed to schedule and conduct a public hearing for the purpose of considering designation of a PRD district for the applicant's plan in accordance with the procedures established under Article X of this chapter. The applicant may appeal an unfavorable report to the Town Board. The Board may, upon a vote of a majority plus one additional vote, proceed to hold a public hearing on its own initiative.
(5)
Action by the Town Board.
(a)
The Town Board may grant approval of the application and designate the PRD district, as requested, upon a finding that the objectives set forth in Subsection A will be achieved and that, based on review of potential environmental effects, the proposal minimizes or avoids adverse environmental impacts to the maximum extent practicable.
(b)
The Town Board shall disapprove the application if it finds that, in its opinion, the objectives of Subsection A will not be achieved or that adverse environmental impacts are not minimized or avoided to the maximum extent practicable.
(c)
If the Town Board grants the application for
a PRD district, the Zoning Map shall be so notated. The Town Board
may, if it feels it necessary in order to fully protect the public
health, safety and welfare of the community, attach to its zoning
resolution any additional conditions or requirements for the applicant
to meet. Such requirements may include, but are not confined to, visual
and acoustical screening, land use mixes, order of construction and/or
occupancy, circulation systems, both vehicular and pedestrian, availability
of sites within the area for necessary public services, protection
of natural and/or historic sites and other such physical or social
demands. The Town Board shall state at this time its findings with
respect to the land use intensity or dwelling unit density as called
for above.
D.
Site plan approval process (if the Town Board designates
the PRD district).
(1)
Application to the Planning Board. Application for
site plan approval shall be submitted to the Planning Board and shall
be accompanied by the following information, prepared by a licensed
engineer, architect and/or landscape architect:
(2)
County Planning Board review. Upon receipt of the
application for site plan approval, the Planning Board shall refer
said application to the County Planning Board for its report if required
under § 239-m of the General Municipal Law.
(3)
Review considerations. The Planning Board shall consider
the following factors during its review of the site plan:
(a)
Adequacy and arrangement of traffic access and
circulation, including intersection design, road widths, channelization
structures and traffic controls.
(b)
Adequacy and arrangement of pedestrian access
and circulation, including separation of pedestrian from vehicular
traffic, control of intersections with vehicular traffic and pedestrian
convenience.
(c)
Location, arrangement, appearance and sufficiency
of off-street parking and loading.
(d)
Location, arrangement, size and design of buildings,
lighting and signs.
(e)
Relationship of the various uses to one another
and their relative scale.
(f)
Adequacy, type and arrangement of trees, shrubs
and other landscaping constituting a visual and/or a noise deterring
buffer between adjacent uses and adjoining lands.
(g)
Adequacy and distribution of usable open space
for playgrounds and informal recreation.
(h)
Adequacy of stormwater, water supply and sanitary
waste disposal facilities, including impact on adjacent properties
and systems.
(i)
Adequacy of structures, roadways and landscaping
areas with moderate to high susceptibility to flooding, ponding and/or
erosion.
(j)
Protection of adjacent properties against glare,
unsightliness or other objectionable features.
(k)
Overall environmental impact.
(l)
Conformance with other specific charges of the
Town Board which may have been stated in the zoning resolution.
(4)
Planning Board action.
(a)
The Planning Board shall set a public hearing
date within 60 days of receipt of a complete application. It shall
render a decision within 90 days of the hearing and notify the applicant
and the Town Board of its decision.
(b)
The Planning Board's decision may include recommendations
as to desirable revisions to be incorporated in the site plan, which
shall be considered a condition of approval. Such recommendations
shall be limited, however, to siting and dimensional details within
general use areas and shall not significantly alter the sketch plan
as it was approved in the zoning proceedings.
(c)
If the site plan is disapproved, the Planning
Board's statement shall contain the reasons for such findings. In
such a case, the Planning Board may recommend further study of the
site plan and resubmission of the site plan to the Planning Board
after it has been revised or redesigned.
(d)
No modification of existing storm channels,
filling of lands with a moderate to high susceptibility to flooding,
grading or removal of vegetation in areas with moderate to high susceptibility
to erosion or excavation for and construction of site improvements
shall begin until the developer has received site plan approval. Failure
to comply shall be construed as a violation of this chapter.
(5)
Request for changes in sketch plan. If, during site
plan development, it becomes apparent that certain elements of the
sketch plan, as it has been approved by the Town Board, are unfeasible
and in need of significant modification, the applicant shall then
present his or her solution to the Planning Board. The Planning Board
shall then determine whether or not the modified plan is still in
keeping with the intent of the zoning resolution. If a negative decision
is reached, the site plan shall be considered as disapproved. The
developer may then, if he wishes, produce another site plan in conformance
with the approved sketch plan. If an affirmative decision is reached,
the Planning Board shall so notify the Town Board, stating all of
the particulars of the matter and its reasons for finding that the
project should be continued as modified. Site plan approval may then
be given only with the consent of the Town Board.
(6)
Staging. If an applicant wishes to stage his or her development, and he or she has so indicated as per Subsection C(2)(b)[2], then he or she may submit only those stages he or she wishes to develop for site plan approval in accordance with his or her staging plan. Any plan which requires more than 24 months to be completed shall be required to be staged; and a staging plan must be developed. It is the intent of this regulation that individual stages of the PRD will have an integrity of uses in their own right so that, if for any reason, the entire PRD would not be completed, those portions of the PRD already constructed will be an asset to the community by themselves. Staging plans must take account of this objective and developers proposing individual stages that deviate significantly from the overall character of the PRD should present convincing evidence that such a stage is indeed in keeping with this section.
E.
Other regulations applicable to planned residential
developments.
(1)
Regulations after initial construction and occupancy.
For the purpose of regulating development and use of property after
initial construction and occupancy, any changes other than use changes
shall be processed as a special permit request to the Planning Board.
Use changes shall also be in the form of a request for special permit,
except that Town Board approval shall be required. It shall be noted,
however, that properties lying in PRD districts are unique and shall
be so considered by the Planning Board or Town Board when evaluating
these requests; and maintenance of the intent and function of the
planned unit shall be of primary importance.
(2)
Site plan review and subdivision approval. Site plan
review under the provisions of this section shall suffice for Planning
Board review of subdivisions under Town Subdivision Regulations, subject
to the following conditions:
(a)
The developer shall prepare sets of subdivision
plats suitable for filing with the office of the Ulster County Clerk
in addition to those drawings required above.
(b)
The developer shall plat the entire development
as a subdivision; however, PRD's being developed in stages may be
platted and filed in the same stages.
(3)
Financial responsibility; performance guaranties for
planned residential development. As a condition of final approval,
the Town Board may require the posting of such performance guaranties
as it deems necessary to ensure the installation of necessary improvements.
Said performance guaranty shall be for a period to be determined by
the Town Board. The amount of the performance guaranty may be reduced
by the Town as portions of the required improvements have been completed.
(4)
Fees. Fees for applications for PRD districting and
site plan approval shall be in accord with a schedule for fees adopted
by the Town Board. Such fees shall be based on the size and complexity
of the proposed development and shall be sufficient to cover costs
of all required reviews, including those related to the review of
environmental impacts and the retention of professional assistance,
if necessary.
