A.
Wetlands in lot area calculations. In computing minimum
lot sizes pursuant to the Dimensional Table, the area of wetlands
shall be subtracted from total acreage in the lot area calculation
for lots newly created after the effective date of this chapter, except
that in conventional subdivisions in the RA District, a maximum of
25% of the minimum lot area may consist of wetlands.
B.
Corner lots and through lots. Wherever a side or rear
yard is adjacent to a street, the front setback shall apply to such
side or rear yard. Corner lots shall be deemed to have two front yards,
two side yards, and no rear yard.
C.
Projections into required yards.
D.
Driveway setbacks. Driveways on lots with 100 feet
or more of road frontage shall be set back at least 10 feet from side
lot lines, except that common driveways may occupy any part of a side
yard adjoining the lot of another user of the common driveway. On
lots with less than 100 feet of frontage, no side yard setback shall
be required.
E.
Height exceptions.
(1)
The height limitations in the Dimensional Table shall
not apply to any flagpole, radio or television receiving antenna,
spire or cupola, chimney, elevator or stair bulkhead, parapet, or
railing, water tank, or any similar nonhabitable structure, provided
that such structure is firmly attached to the roof or side of a building
and covers no more than 10% of the roof area.
(2)
Barns, silos, solar energy systems, and wind energy conversion systems may exceed height limits in the Dimensional Table, provided that they comply with applicable sections of this Article VII, and provided that for every one foot by which such structures exceed the height limit, the minimum setback requirements are increased by one foot. The requirements of this subsection do not apply to exempt agricultural structures under § 220-37C.
F.
Setbacks for accessory structures and uses.
(1)
Any accessory structure attached to a principal building,
and any detached barn, garage, stable, tennis court, or swimming pool,
shall comply with the minimum setback requirements of this chapter
applicable to the principal building. Other detached accessory structures
or uses may encroach into required setback areas, provided that they:
(a)
Are not used for human habitation;
(b)
Have a footprint no larger than 200 square feet;
(c)
Do not exceed 16 feet in height;
(d)
Do not occupy more than 10% of a rear setback
area;
(e)
Are set back at least 10 feet from side or rear
lot lines;
(f)
Are not located closer to the street than the
front yard setback required for a principal building, except for fences,
gates, mailboxes, newspaper receptacles, signs, sand storage bins,
bus shelters, and similar roadside structures with less than 100 square
feet of footprint, as well as ornamental structures such as entry
pillars and statues;
(g)
Are not used for housing animals.
(2)
For corner lots, the setback from all streets shall
be the same for accessory structures as for principal buildings.
G.
Setbacks involving irregular buildings and lot lines.
Where structures or lot lines are irregular or unusual in configuration,
all points on the structure shall satisfy the minimum setback requirements
from that point on the lot line which is the shortest distance from
the structure.
H.
Fences (including hedges) and walls.
(1)
The setback requirements of this chapter shall not
apply to retaining walls of any height or to fences less than six
feet high in any side or rear yard, except where corner clearances
are required for traffic safety.
(2)
The setback requirements of this chapter shall not
apply to any front yard fences or walls less than four feet high,
except that customary agricultural wire, board, or split rail fencing
which does not obstruct visibility may be higher.
I.
Corner clearance/visibility at intersections. Where
necessary to provide visibility for traffic safety, the Highway Superintendent
or the Planning Board may require all or a portion of any corner lot
in the RA, CLI or HC District to be cleared of all growth (except
isolated trees) and other obstructions that block visibility of traffic
on an intersecting street. The Planning Board may require excavation
to achieve visibility. This provision shall not apply to intersections
with traffic signals or four-way stop signs.
J.
Reduction in lot area. No conforming lot shall be
reduced in area in a manner that violates the dimensional requirements
of this chapter.
The following nonbinding guidelines shall be
considered in the siting of nonresidential uses that are subject to
site plan or special permit approval and to the siting of residences
in new subdivisions or other developments. They are also recommended
for the siting of individual residences on existing lots.
A.
Wherever feasible, retain and reuse existing old farm
roads and lanes rather than constructing new roads or driveways. This
minimizes clearing and disruption of the landscape and takes advantage
of the attractive way that old lanes are often lined with trees and
stone walls. (This is not appropriate where reuse of a road would
require widening in a manner that destroys trees or stone walls.)
B.
Preserve stone walls and hedgerows. These traditional
landscape features define outdoor areas in a natural way and create
corridors useful for wildlife. Using these features as property lines
is often appropriate, as long as setback requirements do not result
in constructing buildings in the middle of fields.
C.
Avoid placing buildings in the middle of open fields.
Place them either at the edges of fields or in wooded areas. Septic
systems and leach fields may be located in fields, however.
D.
Use existing vegetation and topography to buffer and
screen new buildings if possible, unless they are designed and located
close to the road in the manner historically found in the Town. Group
buildings in clusters or tuck them behind treelines or knolls rather
than spreading them out across the landscape.
E.
Minimize clearing of vegetation at the edge of the
road, clearing only as much as is necessary to create a driveway entrance
with adequate sight distance. Use curves in the driveway to increase
the screening of buildings.
F.
Site buildings so that they do not protrude above
treetops and crestlines of hills as seen from public places and roads.
Use vegetation as a backdrop to reduce the prominence of the structure.
Wherever possible, open up views by selective cutting of small trees
and pruning lower branches of large trees, rather than by clearing
large areas or removing mature trees.
G.
Minimize crossing of steep slopes with roads and driveways.
When building on slopes, take advantage of the topography by building
multilevel structures with entrances on more than one level (e.g.,
walk-out basements, garages under buildings), rather than grading
the entire site flat. Use the flattest portions of the site for subsurface
sewage disposal systems and parking areas.
H.
Minimize land disturbance generally. Whenever development
is undertaken, removal of vegetation, grading, and operation and storage
of heavy equipment should only occur where necessary for the proposed
development. Special attention should be given to preserving the root
systems of existing trees by avoiding soil compaction within their
drip lines.
[Added 11-6-2008 by L.L. No. 6-2008]
A.
Timber harvesting permit requirement.
(1)
Within the RA and SP-1 Districts, no timber harvesting shall occur without a timber harvesting permit issued by the Building Inspector, unless such timber harvesting is exempted from this permit requirement by Subsection G below.
(2)
Timber harvesting within the SP-2 and SP-3 Districts is regulated by § 220-16. In addition to complying with the submission requirements, timber harvesting permit requirement, and standards below, timber harvesting within the SP-2 and SP-3 Districts shall also comply with applicable provisions of § 220-16.
B.
Submission requirements for timber harvesting permit. An applicant for a timber harvesting permit shall submit a Sustainable Forest Management Plan (SFMP) prepared by a qualified professional forester listed as such in the offices of the New York State Department of Environmental Conservation (NYSDEC), Region 3. Such SFMP shall demonstrate compliance with all standards contained in Subsection D below as well as applicable timber harvesting guidelines issued by NYSDEC (http://www.dec.ny.gov/lands/5240.html). In addition, the application shall include the following:
(1)
A description of the land on which the proposed timber harvest will
occur, including deed and filed map references, lot numbers, and tax
parcel numbers.
(2)
The full name and address of the owner and of the applicant, the
names and addresses of their responsible officers if any of them are
corporations, and written permission from the owner if the applicant
is not the owner.
(3)
The signature of the professional forester responsible for the SFMP
and the application.
(4)
The location of any access to a paved road or any unpaved Town road,
all logging roads, existing or proposed, and all staging areas for
loading equipment and logs.
(5)
All wetlands, watercourses, topography at five-foot intervals, slopes
identified as unstable by the professional forester, and slopes exceeding
25%.
(6)
A plan for cleanup and restoration of any staging area or landing
upon completion of the harvesting operations.
(7)
If the professional forester determines that engineering controls
are necessary to prevent erosion and sedimentation, identification
of the location and type of such engineering controls.
(8)
Such other information as may reasonably be required by the Building
Inspector to establish compliance of the proposed work or change in
use with the requirements of this chapter.
C.
On-site requirements for timber harvesting permit application. In addition to the application information required in Subsection B above, the applicant shall take following actions on-site where a timber harvest is proposed:
(1)
Mark all trees selected for harvest. Any specimen trees identified
for protection shall also be appropriately marked.
(2)
Flag the line designating the protected one-hundred-foot buffer for
streams and wetlands (including all wetlands designated by NYSDEC
and wetlands that meet the criteria of the U.S. Army Corps of Engineers).
The wetland buffer shall be flagged by a qualified wetland scientist.
D.
Standards for SFMP and its implementation.
(1)
No clear-cutting shall be permitted unless specifically shown in the approved Sustainable Forest Management Plan (SFMP), in which case a reforestation plan shall also be included in the SFMP. The replanting shall consist of diverse noninvasive species. Replanting of trees pursuant to such reforestation plan shall be secured by a performance guarantee as provided in § 220-68B.
(2)
No timber harvesting or logging road construction shall occur within
the one-hundred-foot wetland buffer or within 100 feet of any streams
classified by NYSDEC, except as necessary to cross a stream where
permitted by NYSDEC.
(3)
Timber harvesting operations shall comply with the provisions of § 220-36, Steep slope regulations. No timber harvesting or logging road construction shall occur on any slope exceeding 25%, measured according to the provisions of § 220-36B. In addition, no timber harvesting shall occur on slopes identified as unstable by the professional forester in the SFMP.
(4)
Best management practices for stormwater management shall be required
to prevent runoff of mud, debris, and silt-laden stormwater from the
site to streams, public roads, or the shoulders or drainage systems
of public roads.
(5)
No tree cutting, harvesting or removal, other than for exempt operations,
shall take place between the hours of 6:00 p.m. and 7:00 a.m., or
on Sundays or legal holidays.
(6)
All trees shall be felled so that no trees or debris falls on any
adjoining property or on any roads not owned or controlled by the
applicant.
(7)
All stumps shall be cut off as low as possible and shall, in general,
be no higher than the diameter of the tree trunk when measured on
the uphill side of the stump.
(8)
Landing and loading areas shall be located as close as possible to
the timber harvesting operations and shall be smoothed to remove all
ruts and debris at the conclusion of the timber-harvesting operation.
(9)
The timber-harvesting operation shall comply with all applicable
erosion, sediment control, and stormwater management regulations.
(10)
Equipment used for timber harvesting shall be as small and nondisruptive
to the forest as is economically feasible and safe.
(11)
Logging roads and skid trails shall not result in erosion or
stream sedimentation. The SFMP shall ensure the proper location of
such roads and skid trails and, where necessary, the use of appropriate
engineering controls.
E.
Performance guarantee. All site restoration required by the SFMP, including replanting of trees pursuant to a reforestation plan, removal of stumps and debris, restoration of landing and loading areas, and remediation of any damage to retained natural vegetation, roads, or drainage systems, shall be secured by a performance guarantee as provided in § 220-68B.
F.
Procedures for approval and enforcement of a timber harvesting permit.
(1)
The Building Inspector shall promptly review the timber-harvesting
permit application, inspect the site, and approve or deny the application,
giving the reason for any denial. A copy of the permit or decision
to disapprove shall be delivered or mailed to the applicant within
15 business days of the submission of a complete application.
(2)
Any permit shall be conditioned upon approval of access point(s) onto a public road, issued by the Town Highway Superintendent, and the posting of a performance guarantee as necessary for the protection and repair of damage to the road from heavy vehicle access and egress, as provided in Subsection E above.
(3)
The timber-harvesting permit shall consist of the application submitted
with the approval of the Building Inspector endorsed thereon. It shall
become effective when the Building Inspector has filed written approval
of the permit application in the office of the Town Clerk. A copy
of the timber-harvesting permit shall be placed in the permanent property
file for the property.
(4)
A timber-harvesting permit shall be valid for a period of two years
from the date of its issuance, except where a multiphase SFMP has
been submitted, in which case the permit may be approved with time
limits indicated within the permit for each phase. No timber-harvesting
permit shall be valid for a period in excess of 10 years.
(5)
Before any site work begins, the Building Inspector shall inspect
the site to assure that the buffer areas and staging areas are adequately
marked and that any other applicable permit conditions have been implemented.
The Building Inspector shall make periodic inspections to assure compliance
with the SFMP and all conditions of approval.
(6)
The Building Inspector shall have the authority to issue a stop-work
order for all or part of the cutting and harvesting activity if in
his or her opinion conditions created by a spring thaw, adverse weather
conditions or any other cause may make damage to public roads likely
or may result in soil erosion or other damage beyond or outside of
the boundaries of the area of the timber-harvesting operation.
(7)
Inspection of the site and review of the SFMP may be delegated by the Building Inspector to a qualified professional forester retained by the Town. Enforcement action may only be taken by the Building Inspector or the Town Board pursuant to § 220-57.
(8)
If slash and/or logging debris are to be burned on site, a burn permit
shall be required to provide the Town notice and an opportunity to
monitor burning activities to ensure that any such burning does not
create a hazard to public health or safety.
G.
Exemptions. The following shall not require a timber-harvesting permit
in the RA and SP-1 Districts:
(1)
Harvesting of trees and firewood for the personal use of the property
owner.
(2)
Reasonable site clearing preparatory to construction of a building
for which a building permit has been issued.
(3)
Clearing of land for rights-of-way of utilities.
(4)
Clearing and maintenance of land for agricultural purposes.
(5)
The harvesting of evergreens specifically planted for Christmas trees.
(6)
Thinning of a sugarbush.
(7)
A bona fide commercial landscaping operation.
(8)
Any other removal of timber from a lot in quantities less than 20
standard cords of wood, 2,000 cubic feet or 10,000 board feet, as
measured by the international one-quarter-inch log rule, within any
calendar year.
(9)
The normal maintenance of trees or property through the pruning or
topping of trees or timber, or the cutting, removal or harvesting
of trees or timber which are dead or diseased or are a hazard to public
safety or health or property.
(10)
Timber harvests on lands which are enrolled under § 480-a
of the New York State Real Property Tax Law, and its predecessor,
the Fisher Forest Act, provided that all of the following are satisfied:
(a)
A copy of a valid certificate of approval of enrollment in either
§ 480-a or the Fisher Forest Act is presented to the Building
Inspector prior to the commencement of any timber harvesting operations.
(b)
A copy of the renewal forms certifying continued enrollment
of a parcel in the § 480-a program is filed annually in
years of active logging with the Building Inspector, if applicable.
(c)
A copy of file maps and a management plan for the Fisher Forest
Act or § 480-a is submitted in conjunction with a certificate
of approval.
A.
Water supply. The Planning Board may require an applicant for any subdivision, special permit, or site plan approval to provide evidence of water availability, and may require test wells and professional hydrological studies sufficient to establish that a proposed development will have adequate supplies of potable water and will not adversely affect any aquifer resource or the supply or quality of drinking water in the surrounding area. (See § 220-15.)
B.
Municipal infrastructure requirements. It is the policy
of the Town of Gardiner to concentrate development in clustered settlements
that are served by municipally owned water and sewer facilities. In
order to achieve this pattern at the densities permitted by the Zoning
Law, the Planning Board shall, where appropriate, recommend connection
to and/or formation of municipal sewer and water districts, and applicants
shall work with the Town Board to establish such sewer and water districts.
To the extent feasible, such facilities shall be interconnected in
a manner that provides maximum efficiency in the overall system. Privately
owned sewage disposal facilities serving multiple owners shall not
be permitted. The Town Board shall make best efforts to implement
this policy by cooperating in the formation of such districts, and
shall not unreasonably withhold approval or fail to act to create
such districts where such districts are consistent with the Comprehensive
Plan and this Zoning Law.
[Amended 11-6-2008 by L.L. No. 6-2008]
A.
Excavation and grading necessary for the construction of a structure
for which a building permit has been issued shall be permitted, provided
that it does not adversely affect water quality, natural drainage,
or structural safety of buildings or lands, cause erosion or sedimentation,
or create any noxious conditions or hazard to public health or safety.
B.
In the event that construction of a structure is stopped prior to
completion and the building permit expires, the premises shall be
promptly cleared of any rubbish or building materials by the property
owner, and any open excavation with a depth greater than two feet
below existing grade shall either be promptly filled in and the topsoil
replaced, or shall be entirely surrounded by a fence at least six
feet high that will effectively block access to the area of the excavation.
C.
The Planning Board may, in connection with a major project site plan
or major subdivision, require an applicant to furnish an irrevocable
letter of credit, certified check, or other form of security to guarantee
reclamation of areas to be excavated or graded if a project is abandoned.
Such security shall be for an amount reasonably related to the potential
cost of such reclamation, and shall be in a form deemed acceptable
by the Town Attorney.
E.
No excavation or grading and no clear-cutting of 10,000 square feet
or more in preparation for site development shall be undertaken prior
to the grant of any special permit, site plan, or subdivision approval
required for such development.
F.
Excavation or grading of any area exceeding 2,000 square feet and/or clear-cutting of any area exceeding three acres shall require a zoning permit from the Building Inspector, unless such excavation or clear-cutting is performed pursuant to an approved site plan, special permit, subdivision, or building permit, or as a normal and customary activity in conjunction with a farm operation (as defined in Article XII).
G.
Excavation and grading shall comply with applicable requirements
for erosion and sediment control.
H.
No person, firm or corporation shall strip, excavate or otherwise
remove topsoil for sale, or for use other than on the premises from
which it is taken, except in connection with the construction or alteration
of a building on such premises and excavation or grading incidental
thereto.
The Town finds that protection of its wetlands
and watercourses helps to maintain water quality and the health of
natural ecosystems, reduces flooding, erosion, and sedimentation,
and protects important wildlife habitat areas. The Town also recognizes
that both the state and federal governments regulate wetlands, and
desires to avoid duplicating regulatory programs while cooperating
with state and federal agencies. To ensure that development minimizes
damage to wetlands and watercourses, the Town establishes the requirements
in this section. In addition to these requirements, within the area
regulated by the Shawangunk Kill Recreational River Standards, the
more stringent standards shall apply.
A.
State and federal wetland permit coordination. All
applicants for any Town permit or approval that might result in disturbance
to a wetland or watercourse shall submit copies to the Town of any
application to or correspondence with U.S. Army Corps of Engineers
(ACOE) and the New York State Department of Environmental Conservation
(DEC) concerning required wetland permits for the project.
B.
Required watercourse and wetland mapping and delineation. Any site plan, plot plan, building permit or zoning permit application, variance application, subdivision plat, preliminary subdivision plat, or other plan submitted to a Town regulatory board or official shall show the location and stream classification of all watercourses and the location of any DEC-regulated wetlands and wetland buffers on the parcel, as determined by a DEC field delineation, if available, or from current DEC wetland maps. If the proposal requires that a wetland delineation be performed for the ACOE, the applicant shall submit a copy of such delineation to the reviewing board or official. If no delineation is submitted and the reviewing board or official has reason to believe that the proposal would involve disturbance to wetlands, the applicant may be required either to submit a wetland delineation or to obtain a certification from a qualified wetlands expert acceptable to the Planning Board, that there are no wetlands within the area proposed to be disturbed. A wetland delineation may also be required if necessary to determine allowable maximum density for an open space development pursuant to § 220-20.
C.
Imposition of conditions to protect wetlands and watercourses.
The reviewing board or official shall ensure that applicants comply
with the requirements of DEC and ACOE, and shall impose appropriate
conditions to minimize damage to wetlands and watercourses. Such conditions
may include modifications in the size and scope of a proposed project,
as well as changes in the location of structures or other improvements
on the parcel.
D.
Regulations to protect streams. Within 150 feet of
the top of the bank of any stream classified as AA, A, B or C(t) by
the DEC, the Planning Board shall ensure that any development subject
to its approval:
(1)
Will not result in erosion or stream pollution from
surface or subsurface runoff. In making such determination, the Planning
Board shall consider slopes, vegetation, drainage patterns, water
entry points, soil erosivity, depth to bedrock and high water table,
and other relevant factors;
(2)
Will not result in impervious surface coverage exceeding
2% of the regulated area (i.e., the land lying within 150 of the stream
bank);
(3)
Will provide an adequate vegetated buffer along the
stream to prevent adverse impacts on the stream; and
(4)
Will maintain existing tree canopy over the stream
and the stream bank.
E.
Required setbacks.
(1)
The following shall not be located within 100 feet
of the top of the bank of a stream classified as AA, A, B or C(t)
by the DEC or, in the absence of a clear bank, from the outer edge
of the riparian wetland adjacent to the stream:
(2)
These setbacks shall not apply to docks, piers, bridges,
and other water-related structures which by their nature must be located
on, adjacent to, or over the watercourse, or to access driveways or
roads associated with such structures.
(3)
The Planning Board may reduce these setbacks in the
course of its approval process if it finds that topographic conditions
and/or project design features will adequately protect stream water
quality.
[Amended 11-6-2008 by L.L. No. 6-2008]
The Town finds that the alteration of steep slope areas poses potential risks of erosion, sedimentation, landslides, and the degradation of scenic views. Accordingly, the following requirements are hereby imposed in areas with slopes exceeding 15%. Within the SP District, the provisions of § 220-16 shall supersede this § 220-36.
A.
For any subdivision, special permit, site plan, timber-harvesting
permit, building permit, zoning permit or variance that involves the
disturbance of slopes greater than 15%, conditions shall be attached
to ensure that:
(1)
Adequate erosion control and drainage measures will be in place so
that erosion and sedimentation does not occur during or after construction.
(2)
Cutting of trees, shrubs, and other natural vegetation will be minimized, except in conjunction with timber harvesting operations performed pursuant to § 220-32.
(3)
Safety hazards will not be created due to excessive road or driveway
grades or due to potential subsidence, road washouts, landslides,
flooding, or avalanches.
(4)
Proper engineering review of plans and construction activities will
be conducted by the Town to ensure compliance with this section, paid
for by escrow deposits paid by the applicant.
(5)
No certificate of occupancy will be granted until all erosion control
and drainage measures required pursuant to this section have been
satisfactorily completed.
B.
Slope determinations shall be made based upon the topographic information
required for a particular approval, along with such other topographic
information as the reviewing board or official shall reasonably require
or the applicant shall offer. In cases of uncertainty or dispute,
a qualified professional retained by the Town, at the applicant's
expense, shall determine the location of regulated slopes.
C.
For purposes of determining the location of steep slope areas, only
contiguous slopes containing at least 5,000 square feet of steep slopes,
as defined above, shall be considered.
A.
Agricultural buffers. Wherever agricultural uses and
other uses unrelated to the agricultural operations abut, the applicant
for the nonagricultural use shall provide buffers to reduce the exposure
of these abutting uses to odors, noise, and other potential nuisances
associated with the agricultural operation. Such buffers may consist
of vegetative screening, woodlands, vegetated berms, or natural topographic
features.
C.
Agricultural zoning exemptions. Within an agricultural
district as defined in Article 25-AA of the New York State Agriculture
and Markets Law, adopted by the county and certified by the state,
the following exemptions from provisions of this Zoning Law shall
apply to land and buildings on farm operations:
(1)
There shall be no height, building footprint, or impervious
surface coverage limits on agricultural structures, including but
not limited to barns, silos, grain bins, wind energy conversion systems,
and fences, as well as equipment related to such structures, as long
as they are being used in a manner that is part of the farm operation.
(2)
There shall be no lot line setback restrictions on
agricultural structures, except setbacks from lots that are either
not within the agricultural district or lots that have existing residential
uses. Agricultural structures containing animals, animal feed, or
animal waste shall be set back at least 200 feet from watercourses
and 100 feet from lots that have existing residential uses, whether
or not such residential lots are within an agricultural district.
This setback requirement shall not apply to preexisting nonconforming
structures.
(3)
Agricultural structures and practices shall not require site plan review or special permit approvals, except that agricultural structures with a footprint greater than 20,000 square feet or exceeding 35 feet in height shall require minor project site plan approval pursuant to § 220-67.
(4)
Soil mining which does not require a permit from the
New York State Department of Environmental Conservation shall be permitted
by right, subject to a zoning permit from the Building Inspector.
D.
Agricultural data statement. Any application for a special permit, site plan approval, use variance, or subdivision approval requiring municipal review and approval by the Town Board, Planning Board, or Zoning Board of Appeals that would occur on property within an agricultural district containing a farm operation, or on property with boundaries within 500 feet of a farm operation located in an agricultural district, shall include an agricultural data statement as defined in § 220-74. The reviewing board shall evaluate and consider the agricultural data statement in its review of the possible impacts of the proposed project upon the functioning of farm operations within the agricultural district.
A.
Off-street parking.
(1)
Purpose. The Town finds that large and highly visible
parking areas represent one of the most objectionable aspects of commercial
development. Such parking lots damage the historic layout and architectural
fabric of hamlet areas, harm the natural environment and visual character
of the community, interfere with pedestrian safety and accessibility,
and reduce the quality of life in developed areas. However, the Town
also recognizes that inadequate parking can diminish quality of life
by creating traffic congestion, safety hazards, and inconvenience.
The Town therefore seeks to balance the need for adequate parking
with the need to minimize harm resulting from the provision of parking,
and to avoid the negative impacts of excessive parking lot construction.
(2)
Minimum parking required for residential uses.
(a)
For a single-family or two-family dwelling:
two spaces per dwelling unit.
(b)
For a multifamily dwelling: 1.5 spaces per dwelling
unit.
(c)
These requirements may be reduced for dwelling
units with less than 1,000 square feet of floor space, senior citizen
housing, mixed-use development, or other appropriate circumstances
if the Planning Board determines that such reductions are warranted.
(3)
Parking requirements for nonresidential uses. The number and layout of parking spaces for nonresidential uses shall be based on the need to protect public safety and convenience while minimizing harm to the character of the community and to environmental, historic, and scenic resources. Since nonresidential uses vary widely in their need for off-street parking, parking requirements shall be based on the specific operational characteristics of the proposed uses. The provisional parking standards in Subsection A(3)(a) below shall be applied and may be varied by the Planning Board according to the criteria in Subsection A(3)(b) below. The Planning Board may waive these parking requirements entirely for preexisting lots located within the HM District.
(a)
Provisional parking standards.
[1]
Retail or service business uses: three spaces
per 1,000 square feet of enclosed floor space, excluding space used
for storage.
[2]
Industrial/Warehouse uses: two spaces per 1,000
square feet of enclosed floor space or one space per employee.
[3]
Office uses: three spaces per 1,000 square feet
of floor space.
[4]
Lodging facility: one space for each bedroom
plus one space for each nonresident employee and one space for every
200 square feet of floor space for meetings and functions.
[5]
Restaurants, theaters, and other places of public
assembly: one space for every three seats.
[6]
Uses not listed above: as appropriate to the
circumstances.
(b)
Criteria for applying provisional standards.
In applying or modifying the provisional parking standards for any
proposed use, the Planning Board shall consider:
[1]
The maximum number of vehicles that would actually
be parked at the use at times of peak usage. Parking spaces shall
be sufficient to satisfy 85% of the anticipated peak demand. The likelihood
of people walking, bicycling, or carpooling to the proposed use shall
be taken into consideration.
[2]
The size of the structure(s) and the site.
[3]
The environmental, scenic, or historic sensitivity
of the site (including applicable limitations on impervious surfaces).
In cases where sufficient area for parking cannot be created on the
site without disturbance to these resource values, the Planning Board
may require a reduction in the size of the structure so that the available
parking will be sufficient.
[4]
The availability of safely usable on-street
parking.
[5]
The availability of off-site off-street parking
within 400 feet that is open to the public, owned or controlled by
the applicant, or available on a shared-use basis, provided that the
applicant dedicates such off-site land for public parking or demonstrates
a legal right to shared use.
[6]
The requirements for parking for the disabled
as prescribed by the Americans with Disabilities Act.
(c)
Set-aside for future parking. The Planning Board
may, as a condition of reducing the provisional parking standards,
require an applicant to set aside land to meet potential future parking
needs. Such land may remain in its natural state or be attractively
landscaped, but may not be used in a manner that would prevent it
from being developed for parking in the future.
(d)
Parking lot as accessory use to residential
dwelling. Parking spaces may be made available for nonresidential
uses on residential lots in the HM District by special permit. Such
spaces shall be screened from adjoining properties and roads, and
shall not exceed five spaces per lot.
(e)
Fee in lieu of parking space. Where the required
spaces cannot be provided on-site and are not currently available
on the street and/or in municipal parking lots, the applicant shall
pay a fee in lieu of one or more required spaces, in an amount established
by the Town Board sufficient to cover the estimated cost of providing
additional public parking spaces. Such fee shall be kept in a dedicated
fund for municipal parking purposes and shall be used for such purposes
within three years or returned to the applicant (or the applicant's
successor).
(4)
Design, layout, and construction of parking areas
for nonresidential and multifamily residential uses.
(a)
Location and screening.
[1]
All off-street parking shall be located behind or to the side of the principal building, except as provided in § 220-10H(2) for land within the CLI District.
[2]
Parking spaces located in a side yard shall,
if possible, be screened from public view. Adjoining parking areas
shall be connected directly to one another or to a service road or
alley wherever feasible to reduce turning movements onto roads.
(b)
Construction of parking areas. Parking areas
shall be surfaced with a suitable durable surface appropriate for
the use of the land, with adequate drainage. Surfacing, grading, and
drainage shall facilitate groundwater recharge by minimizing impervious
pavement and run-off. Overflow or peak period parking surfaces shall
be permeable. Oil traps may be required for larger paved parking lots.
Parking areas shall comply with all applicable requirements of the
Americans with Disabilities Act.
(c)
Landscaping. Parking areas shall be designed
and landscaped to avoid long, uninterrupted rows of vehicles by breaking
them into separate parking lots divided by tree lines, alleys, pedestrian
areas, or buildings. Parking lots containing more than 40 spaces shall
be divided into smaller areas by landscaped islands at least 15 feet
wide located no more than 120 feet apart. All islands shall be planted
with three-inch minimum caliper shade trees at a density of at least
one tree for every 20 linear feet of island. Parking lots containing
fewer than 40 spaces shall provide at least one three-inch minimum
caliper shade tree per eight spaces.
B.
Off-street loading.
(1)
General requirement. Loading docks and service access
areas shall be located in a manner that minimizes visual intrusion
on public spaces and adjacent residences and ensures pedestrian and
automobile safety by separating truck traffic and loading operations
from pedestrian and automobile circulation. Where appropriate, loading
docks shall be screened by walls extending from a building face or
placed within arcades or other architectural features designed to
blend them with the architecture of the building. Adjacent buildings
shall be sited to allow shared access to loading docks through the
use of common loading zones or service alleys.
(2)
Exception for Hamlet Mixed-Use District. The need to maintain the traditional layout and historic character of the Town's hamlets may preclude the establishment of modern loading facilities in some older buildings in the HM District. In such situations, the requirements of Subsection B(1) above shall not apply and on-street loading shall be permitted.
A.
Purpose. The purpose of this section is to control
the location, size, quantity, character, and lighting of signs in
order to maintain the attractive appearance of the Town and avoid
conditions of clutter and unsightliness. Through these regulations
the Town seeks to:
(1)
Protect public health and safety by ensuring that
signs do not create dangerous conditions, obstruct vision necessary
for traffic safety, or confuse, distract, or mislead motorists, bicyclists,
or pedestrians; and
(2)
Promote the general welfare by creating a more attractive
visual environment that preserves the Town's historic and rural character,
protects property values, encourages economic growth, enables businesses
and other establishments to identify themselves, and minimizes negative
impacts of signs on adjoining properties.
B.
Exempt signs. The following types of signs may be erected and maintained without zoning permits, board review, or fees, provided that these signs comply with the general regulations in Subsection D and with all other requirements of this chapter. As used in this Subsection B, the term "residential uses" shall include mixed-use lots on which at least 50% of the floor space is residential.
(1)
Permanent signs.
(a)
Signs not exceeding one square foot in area
and bearing only property numbers, postal route box numbers, or names
of occupants of premises.
(b)
One sign, not exceeding 32 square feet in area,
designating a farm.
(c)
Flags and insignia of any government, except
when displayed in connection with commercial promotion.
(d)
Noncommercial information signs. Signs providing
noncommercial information to the public, including community service
information signs, public utility information signs, safety signs,
danger signs, "no trespassing" signs, signs indicating scenic or historic
points of interest, traffic control signs, directional parking signs,
and all signs erected by a public officer in the performance of a
public duty.
(e)
One on-premises sign, either freestanding or
attached, in connection with any residential building, for permitted
home occupations, not exceeding three square feet and set back at
least 10 feet from the traveled way or at the right-of-way, whichever
is greater. Such signs shall state name and occupation only and shall
not be illuminated.
(2)
Temporary signs.
(a)
Temporary nonilluminated "For Sale" or "For
Rent" real estate signs and signs of similar nature, concerning the
premises upon which the sign is located; for residential uses, one
sign per lot, not exceeding six square feet per side; for nonresidential
uses, one sign per lot, not exceeding 12 square feet, set back at
least 15 feet from all property lines. All such signs shall be removed
within three days after closing of the sale, lease, or rental of the
premises. If a lot fronts on two roads, one sign shall be permitted
along each frontage.
(b)
Temporary nonilluminated window signs and posters
not exceeding 25% of each window surface. (Such signs are normally
used to advertise specific products or sales and are removed or replaced
on a regular basis.)
(c)
Two temporary signs for a roadside stand selling
agricultural produce grown on the premises in season, provided that
such signs do not exceed 32 square feet each, are set back at least
five feet from the public right-of-way, and are removed at the end
of the selling season.
(d)
On-premises signs and off-premises directional
signs for garage sales and auctions, not exceeding four square feet,
for a period not exceeding seven days.
(e)
Posters, banners, and signs, not exceeding six
square feet on residential uses or 16 square feet on nonresidential
uses, for a period not exceeding 60 days.
(f)
Two signs, not exceeding six square feet on
residential uses or 16 square feet on nonresidential uses, listing
the architect, engineer, contractor and/or owner, on premises where
construction, renovation, or repair is in progress, limited to the
duration of the construction period.
(g)
Signs, portable or otherwise, advertising special
events for nonprofit organizations, such as firemen's field days,
church bazaars, bake sales, etc. Such signs shall not exceed 24 square
feet in area and shall not be displayed for more than 30 days.
(h)
Signs required to be posted in connection with hearings on development applications, as provided in § 220-62F(3).
(i)
Signs marking areas of highway or utility construction,
repair, or maintenance.
(j)
Sandwich signs not exceeding four square feet
on a side for a period not exceeding seven days.
C.
Prohibited signs.
(1)
No off-premises commercial signs shall be allowed,
except that signs not exceeding four square feet directing the public
to specific establishments may be allowed with site plan approval
by the Planning Board.
(2)
No exterior sign shall be illuminated internally,
and no sign shall contain flashing, intermittent, rotating, or moving
lights, except that one neon sign not exceeding three square feet
may be allowed inside the window of a business establishment for the
purpose of indicating that it is open.
(3)
Portable signs that are mounted on wheels, including
motor vehicles or trailers parked in one location for more than 30
days in any calendar year and functioning primarily as signs, shall
be prohibited.
(4)
No permanent sign or any part thereof shall contain
or consist of any moving, rotating, or revolving device.
(5)
No sign shall be inflatable or audible.
D.
General sign regulations. All signs that are not prohibited by Subsection C above are regulated by this section. Signs that are not exempt under Subsection B shall require building permits. However, if signs are proposed in connection with any special permit or site plan application, such signs shall be reviewed and approved under applicable criteria for the principal uses and shall not require a separate building permit if constructed pursuant to an approved plan.
(1)
Permit applications. Applications for new signs or
proposed changes in existing signs shall include a scaled drawing
showing the type of lettering, sign dimensions, colors, materials,
and method of illumination, if any, and a plan showing the location
of the sign on the building or property. A building permit shall be
required for any change in the size, shape, lighting, materials, or
location of an existing sign. No building permit shall be required
if only the words or images on the sign are changed.
(2)
Location and maintenance.
(a)
Signs shall be erected, constructed, and maintained
in a manner that does not obstruct traffic movement or visibility
or cause any hazard to public safety.
(b)
No signs shall be placed, painted, or drawn
on utility poles, bridges, culverts, or other road or utility structures
or signposts, or on trees, rocks, or other natural features, except
that signs not exceeding one square foot posting property boundaries
may be placed on trees. No signs shall be placed on municipally owned
property without the permission of the Town Board.
(c)
All signs shall be kept in good repair. Painted
surfaces shall be kept neatly painted at all times.
(d)
Freestanding signs shall be set into a landscaped
and maintained ground area wherever possible.
(3)
Sign area and height.
(a)
Freestanding signs. Individual freestanding
signs shall not exceed 16 square feet in area nor 10 feet in height.
Freestanding signs that are grouped together on one sign structure
shall not exceed a cumulative total of 50 square feet per structure,
and the individual components of such groupings shall be large enough
to be read safely by passing motorists traveling at the speed limit.
(b)
Projecting signs. Projecting signs shall not
exceed 12 square feet in area and shall not project more than four
feet from the side of the building. The bottom of such signs shall
be no lower than 10 feet and no higher than 15 feet above the finished
grade.
(c)
Wall-mounted signs. Wall-mounted signs shall
not exceed 32 square feet, extend more than one foot from the surface
of the wall, cover more than 10% of the front surface of a building,
cover a window, obscure architectural detailing, interrupt a roofline,
or be placed on the roof of a structure.
(d)
Window signs. Signs placed in windows shall
not cover more than 25% of the window area.
(e)
Awning signs. The valance portion of an awning
may be used as a sign, with a maximum of 12 square feet of sign area.
The bottom of the awning shall be at least eight feet above the finished
grade.
(f)
Sign area bonuses. To encourage design excellence,
the maximum sizes for individual signs specified above may be increased
if the criteria below are satisfied. Sign bonuses shall not apply
to exempt signs or to freestanding signs that exceed six feet in height.
Although a separate increase is granted for compliance with each of
the criteria and the total is cumulative, each percentage increase
is based on the original sign size limitation. Maximum sign sizes
shall be allowed to increase as follows:
[1]
Fifteen percent when the sign is made of wood.
[2]
Twenty percent if the sign is designed to contain
only the identification of the establishment without advertising any
products sold on the premises.
[3]
Fifteen percent if the sign is the only sign
identifying the establishment or its principal product.
[4]
Twenty percent if the sign is not designed or
used with illumination.
[5]
Thirty percent if the Planning Board finds that the sign has special aesthetic merit or that additional size is necessary or appropriate due to such circumstances as the sign's distance from the road, the design speed of the road, or the size of the building on which the sign is placed. In order to take advantage of this Subsection D(3)(f)[5], an applicant not otherwise subject to site plan or special permit review may file a site plan application with the Planning Board. The content and review of such application shall be limited to consideration of signs.
(g)
Maximum cumulative sign area per lot. The maximum
amount of total sign area per lot shall be one square foot of total
sign area for every two linear feet of lot frontage on a public street.
(h)
Maximum area per sign. Notwithstanding any provision
of this section to the contrary, no sign or grouping of signs shall
be greater than 100 square feet in size.
(4)
Illumination. No illuminated sign or lighting device
shall be placed or directed so that its light is directed or beamed:
(5)
Sign design manual. The Town Board may adopt a sign
design manual developed specifically for the Town of Gardiner or published
for the general public or for another municipality. If such a sign
design manual is adopted, it shall be incorporated by reference into
this chapter.
(6)
Nonconforming signs. Signs that do not conform with this § 220-39 and that were legally in existence prior to the adoption of this section (March 14, 2008) shall be permitted to continue for an amortization period that terminates July 1, 2012, at which time they must either be replaced by conforming signs that have valid permits or be removed. Such signs may be altered only if the alterations increase their conformity with this section. This five-year amortization period may be extended by a temporary variance granted by the Zoning Board of Appeals, provided that the applicant demonstrates that the five-year amortization period is confiscatory as applied to the specific sign. The period of the variance shall be the minimum reasonably necessary to avoid confiscation. Signs that were not in compliance with the sign regulations of the Town of Gardiner existing prior to the enactment of this § 220-39 shall not be considered protected nonconforming structures and shall be treated as violations.
E.
Removal of signs.
(1)
Signs advertising an establishment or institution
that has permanently closed shall be removed within one month of such
closure.
(2)
The Building Inspector shall notify in writing the
owner of any sign which no longer serves the purpose for which it
was erected, or which poses a safety hazard to the public or is otherwise
in violation of this section. The Building Inspector shall order such
owner to remove or correct the unsatisfactory condition of such sign
within 20 days from the date of such notice.
(3)
Upon failure to comply with such notice within the
prescribed time, the Building Inspector is hereby authorized to secure,
repair, remove, or cause the removal of such sign. All costs of securing,
repairing, or removing such sign, including related legal fees and
expenses, shall be assessed against the land on which the sign is
located and shall be levied and collected in the same manner as provided
in the Town Law for the levy and collection of a special ad valorem
levy.
(4)
Where it reasonably appears that there is imminent danger to life, safety, or health or imminent damage to property unless a sign is immediately repaired, secured, or demolished and removed, the Town Board may, by resolution, authorize the Building Inspector to immediately cause the repair, securing, or demolition of such unsafe sign. The expense of such remedial actions shall be a charge against the land on which the sign is located and shall be assessed, levied, and collected as provided in Subsection E(3) above.
A.
Compliance with performance standards. No use shall hereafter be established, altered, moved or expanded unless it complies with the performance standards set forth in this section. Continued conformance with such standards, once applicable, shall be a requirement for the continuance of any certificate of occupancy. This § 220-40 shall not apply to farm operations engaged in customary agricultural practices, except where necessary to protect public health and safety.
B.
Purpose of performance standards. Consistent with
the general purposes of this chapter, performance standards shall
set specific controls on potentially objectionable external aspects
of all uses in order to:
(1)
Reduce to a reasonable minimum the dissemination of
smoke, gas, dust, odor or other atmospheric pollutants outside the
building in which the use is conducted.
(2)
Control noise and light perceptible beyond the boundaries
of the site of the use.
(3)
Limit the discharge of treated wastes and prohibit
the discharge of untreated wastes into any watercourse.
(4)
Limit the dissemination of vibration, heat or electromagnetic
interference beyond the immediate site on which the use is located.
(5)
Limit physical hazard by reason of fire, explosion,
radiation or any similar cause.
C.
Noise.
(1)
Sound levels shall be determined at the property line
of the lot from which the noise is emitted. Sound measurements shall
be accomplished through a sound-level meter having an A-weighted filter
and constructed in accordance with specifications of the American
National Standards Institute or other generally accepted standard
for the measurement of sound.
(2)
No person, firm or corporation shall allow the emission
of sound which, as measured at the property lines, has a sound level
in excess of:
(3)
Sounds emitted at levels lower than those prohibited by Subsection C(2) above shall not be permitted if, because of the type or frequency of the noise emitted, such sounds are offensive, disruptive or in continual disharmony with the character of an adjoining or nearby residential neighborhood.
(4)
Exemptions. The following shall be exempt from the
noise level regulations:
D.
Vibration.
(1)
Method of measurement. For the purpose of measuring
vibration, a three-component measuring system approved by the Town
Engineer shall be employed.
(2)
Maximum permitted steady-state and impact vibration
displacement. No activity shall cause or create a steady-state or
impact vibration displacement by frequency bands in excess of that
indicated in the following table:
|
Vibration Displacement
| |||
|
Frequency
(cycles per second)
|
Steady-State
(inches)
|
Impact
(inches)
| |
|
Under 10
|
0.0005
|
0.0010
| |
|
10 to 19
|
0.0004
|
0.0008
| |
|
20 to 29
|
0.0003
|
0.0006
| |
|
30 to 39
|
0.0002
|
0.0004
| |
|
40 and over
|
0.0001
|
0.0002
| |
E.
Smoke, dust and other atmospheric pollutants.
(1)
General control. The emission of smoke and other particulate
matter shall not be permitted in violation of applicable regulations
of the New York State Department of Environmental Conservation (DEC),
including but not limited to 6 NYCRR Part 201. Pollutants that are
not regulated by DEC shall not be emitted if they pose a substantial
risk to public health, safety, or welfare.
(2)
Method of measurement of smoke. For the purpose of
grading the density of smoke, the Ringelmann Smoke Chart or EPA methods
9 or 22 shall be used to determine the total smoke emitted. Where
the Ringelmann method is used, a reading shall be taken every minute
for an hour or, if less than an hour, until the total smoke emitted
exceeds that allowed by these regulations. Each reading shall be multiplied
by the number of minutes during which it was observed and the product
added.
(3)
Maximum permitted emission of smoke. There shall be
no measurable emission of smoke, gas or other atmospheric pollutant,
except as authorized by a permit granted pursuant to applicable state
and federal regulations. The emission of one smoke unit per hour and
smoke with discernible density of No. 1 on the Ringelmann Smoke Chart
shall be prohibited.
(4)
Maximum permitted emission of dust.
(a)
The emission of dust related to combustion for
indirect heating from any source shall not exceed 0.30 pounds of dust
per 1,000 pounds of flue gas adjusted to fifty-percent excess air
for combustion.
(b)
There shall be no measurable emission of dust
or other particulate matter not related to combustion for indirect
heating.
(c)
Properties shall be suitably improved and maintained
with appropriate landscaping, paving, or other materials to minimize
windblown dust and other particulate matter.
F.
Odor. No land use shall be permitted which emits any
discernible obnoxious odor outside the lot on which the use is conducted.
G.
Toxic or noxious matter. No use shall be permitted
which will cause the release of toxic or noxious fumes or other matter
outside the building in which the use is conducted.
H.
Radiation. The handling, storage or disposal of radioactive
materials or waste by-products shall be conducted strictly in accordance
with applicable federal and state standards.
I.
Electromagnetic interference. No operation shall be
permitted which produces any perceptible electromagnetic interference
with normal radio or television reception in any area, unless federal
or state regulation requires such operation to be permitted.
J.
Fire and explosion hazard. All activities involving
the use or storage of flammable or explosive materials shall be provided
with adequate safety devices against the hazard of fire and explosion,
with adequate fire-fighting and fire suppression equipment and devices
standard in the industry. Such activities shall comply with all applicable
requirements of the New York State Uniform Fire Prevention and Building
Code, DEC regulations, and the National Fire Protective Association
(NFPA) Code. Copies of SARA forms filed with the Ulster County Emergency
Response Agency shall also be filed with the Building Inspector.
K.
Heat. There shall be no emission of heat which would
cause an air temperature increase in excess of one degree Fahrenheit
along any adjoining lot line.
L.
Lighting, exterior illumination, and glare.
(1)
No use shall produce glare so as to cause illumination
beyond the boundaries of the property on which it is located in excess
of 0.5 footcandle. All exterior lighting, including security lighting,
in connection with all buildings, signs or other uses shall be directed
away from adjoining streets and properties. The Planning Board may
require special efforts to reduce the impacts of exterior lighting,
such as limiting hours of lighting, planting screening vegetation,
or installing light shields to alleviate the impact of objectionable
or offensive light and glare on neighboring residential properties
and public thoroughfares.
(2)
Exterior lighting fixtures shall be shielded and directed
downward to prevent light from shining directly onto neighboring properties
or public ways or upward into the night sky. Light standards shall
not exceed 20 feet in height.
(3)
Lighting within parking lots shall be on poles of
15 feet maximum height, with color-corrected lamps and cut-off luminaires
designed to minimize glare and light pollution. Design of poles and
luminaires shall be compatible with the style of the architecture
and adjoining streetscape treatment. Sidewalks leading from parking
lots shall be lit with bollard lighting and indirect illumination
of buildings and vegetation.
(4)
All lighting above 2,000 lumens shall be restricted
to full cut luminaires.
(5)
Gasoline canopy lights shall be fully recessed with
an average of no more than 20 footcandles.
M.
Liquid and solid wastes. The discharge of any or all
wastes shall be permitted only if in complete accordance with all
standards, laws and regulations of the Ulster County Health Department,
New York State Department of Environmental Conservation or any other
regulatory agency having jurisdiction. Facilities for the storage
of solid waste shall be so located and designed as to be screened
from the street or from any adjoining property and so as to discourage
the breeding of rodents or insects.
N.
Review procedures. As a part of site plan review of
an application for the establishment of a use which, in the Planning
Board's judgment, could have potentially objectionable external aspects
and therefore be subject to these performance standards, the Planning
Board may require the applicant, at his or her own expense, to provide
such evidence as it deems necessary to determine whether the proposed
use will comply with these standards.
A.
Purpose and intent. The conduct of small-scale low-impact
business and professional uses on residential properties shall be
permitted under the provisions of this section. It is the intent of
this section to:
(1)
Ensure the compatibility of home occupations with
other uses;
(2)
Maintain and preserve the rural and historic character
of the Town; and
(3)
Allow residents to engage in gainful employment on
their properties while avoiding excessive noise, traffic, nuisance,
fire hazard, and other possible adverse effects of nonresidential
uses.
B.
Criteria and standards.
(1)
Home occupation as use permitted by right. Home occupations
shall be permitted uses if they are in compliance with the following
criteria and standards:
(a)
The home occupation may be conducted only by
residents of the dwelling unit plus no more than two nonresident assistants
or employees at any one time. A home occupation may be conducted within
a dwelling unit and/or within accessory structures. An area no larger
than 50% of the floor space of the primary dwelling unit may be occupied
by the home occupation, up to a maximum of 1,000 square feet.
(b)
A home occupation shall be incidental and secondary
to the use of a dwelling unit for residential purposes. It shall be
conducted in a manner which does not give the outward appearance of
a business, does not infringe on the right of neighboring residents
to enjoy the peaceful occupancy of their dwelling units, and does
not alter the character of the neighborhood.
(c)
Signs used in conjunction with a home occupation
shall not be animated or illuminated and shall not exceed three square
feet.
(d)
Parking shall be adequate for nonresident employees
and customers or clients. No business vehicle larger than 12,000 pounds
gross vehicle weight or 20 feet in box length may be parked regularly
in a location visible from a public road or neighboring properties.
(e)
Automobile and truck traffic generated shall
not be greater than the volume of traffic that would normally be generated
by a residential use.
(f)
There shall be no exterior storage of materials,
equipment, vehicles, or other supplies used in conjunction with a
home occupation, unless screened from the road and from other properties.
(g)
No offensive appearance, noise, vibration, smoke,
electrical interference, dust, odors, or heat shall occur. The use
of substances in a manner which may endanger public health or safety
or which pollute the air or water shall be prohibited.
(h)
More than one home occupation may be conducted
on a lot, provided that the combined impact of all home occupations
satisfies these criteria and standards.
(2)
Home occupation by special permit.
(a)
A home occupation occupying an area greater than that permitted in Subsection B(1)(a) above or employing more than two nonresident employees may be allowed by special permit, provided that it satisfies all criteria for granting of special permits as well as the criteria and standards in Subsection B(1)(a) through (h) above. Such criteria shall become standard conditions of the special permit. In no case shall the area occupied by a home occupation allowed by special permit exceed the lesser of 50% of the floor space of the primary dwelling unit or 2,000 square feet.
(b)
A special permit granted for a home occupation
shall include a condition requiring the operator to obtain an annual
operating permit from the Building Inspector at a cost of $75 per
year beginning in the second year of operation. Such operating permit
shall be granted after the Building Inspector inspects the premises
and finds the home occupation to be in compliance with all conditions
of the special permit.
A.
Purpose and intent. In furtherance of one of the goals
of the Town of Gardiner Comprehensive Plan adopted December 7, 2004,
to "provide a diversity of housing types and styles to ensure housing
choices for each level of income in the community," the Gardiner Town
Board recognizes that people with moderate incomes who live or work
in Gardiner lack opportunity to find housing that is affordable to
them within Gardiner. The Town Board further recognizes that there
is a need to encourage the construction of housing units for rental
or sale in the Town of Gardiner that will be affordable to moderate-income
residents and/or workers and that these units must remain affordable
in perpetuity for the benefit of current and future workers and residents
of Gardiner. Eligibility for and occupation of these units will be
administered under the authority of the Town Board by a Housing Board,
or such other entity as the Town Board may designate to serve as administrator
of the inclusionary housing program.
B.
Definition of "inclusionary housing units." As used
throughout this section, the term "inclusionary housing unit" refers
to a single- or multi-family housing unit that is owned or rented
by an eligible family, as defined herein, and that is priced to be
affordable to moderate-income families who cannot afford market-rate
housing.
C.
Housing Administrator. The Town Board may establish
a Housing Board to administer the inclusionary housing program and
the housing units created under the program, or may contract with
a not-for-profit or governmental entity or a private consultant to
administer this program. The Board or other entity responsible for
this program (hereinafter the "Housing Administrator") will have the
following authority and responsibilities:
(1)
Assistance to applicants in the preparation of and
acceptance and review of applications submitted for inclusionary housing
units, including adoption of rules and procedures to discharge this
function.
(2)
Maintenance of an eligibility priority list as well
as certification of applications placed on the eligibility priority
list according to the provisions herein. Priority lists will be reviewed
at least annually and updated as deemed necessary.
(4)
Authority to take any other action necessary to effectuate
the purpose of this section as authorized by the Town Board.
D.
Inclusionary housing unit requirements.
(1)
Applicants proposing to develop 10 or more dwelling
units over any ten-year period, for sale or rent, on one or more contiguous
parcels, are required to set aside at least 10% of all units for the
inclusionary housing needs of the Town. When the number is not a whole
number, it will be rounded to the nearest whole number (0.5 will be
rounded up). This requirement shall not apply to the establishment
or expansion of mobile home parks in the MHF District.
(2)
An applicant may elect, instead of building some or
all of the required inclusionary housing units on-site, to make a
monetary payment to the Town of Gardiner Inclusionary Housing Fund.
(a)
The amount of such payment shall be based on
the difference between the minimum number of inclusionary housing
units required by this section and the number actually included.
(b)
The Town Board shall, by resolution, determine
the applicable monetary payment, which shall be sufficient to enable
the Town Board to arrange for the construction of such units in another
location.
(3)
All on-site inclusionary housing units shall be physically
integrated into the design of the development. Inclusionary housing
units shall be constructed to the same quality standards as market-rate
units and include a comparable number of bedrooms. The exterior finishes
of inclusionary housing units shall be indistinguishable from all
other units. The developer may, however, propose different appliances
and interior hardware where such substitutions would not adversely
impact the livability of the unit. Appliances, lights and all components
of HVAC systems shall be Energy Star compliant.
(4)
All inclusionary housing units shall generally be
physically distributed throughout the subdivision or development in
the same proportion as other housing units. However, the inclusionary
units may be included in two-family dwellings even if the remainder
of the development consists of single-family dwellings.
(5)
Minimum gross floor area (excluding common areas,
stairways, decks, storage or hallways) per inclusionary housing dwelling
unit will not be less than the following:
(6)
Schedule of units.
(a)
For any project that will be built in phases,
the following schedule will apply for all inclusionary housing units:
|
Percentage of Market-Rate Units Receiving
Certificates of Occupancy
|
Percentage of Inclusionary Housing Units
Receiving Certificates of Occupancy
| |
|---|---|---|
|
Up to 25%
|
None required
| |
|
25% + 1 unit
|
At least 10%
| |
|
50%
|
At least 50%
| |
|
75%
|
At least 75%
| |
|
100%
|
100%
|
(b)
Certificates of occupancy will be issued for
market-rate units when the required percentage of inclusionary housing
units for the respective phase has been completed and certificates
of occupancy have been issued for the inclusionary housing units.
(7)
At the time of purchase or rent, the following schedule
of occupancy will apply to inclusionary housing units:
|
Number of Persons
| |||
|---|---|---|---|
|
Number of Bedrooms
|
Minimum
|
Maximum
| |
|
Efficiency
|
1
|
2
| |
|
One
|
1
|
2
| |
|
Two
|
2
|
4
| |
|
Three
|
3
|
6
| |
E.
Eligibility
(1)
To qualify for inclusionary housing, a family's income
must be at or below 100% of the current Kingston, New York Metropolitan
Service Area Median Family Income, adjusted for family size, as published
annually by the United States Department of Housing and Urban Development.
(2)
The Housing Administrator will require complete disclosure
of all income and assets. Family income shall include the gross income
from all sources for all family members, utilizing the latest federal
income tax returns, in addition to full disclosure of assets. Non-income-producing
assets may be assigned an income-producing value, deemed income by
the Housing Administrator. Complete disclosure of income and assets
is to be made on forms and/or applications provided by the Housing
Administrator. Full income and asset disclosure is the responsibility
of the applicant and is to be provided to the Housing Administrator
with an affidavit.
(3)
For the purposes of these regulations, a "family" will be defined as provided in the Town of Gardiner Zoning Law, § 220-74, Definitions of terms. The terms "family" and "household" are used interchangeably.
(4)
For the purposes of these regulations, family income
will exclude earned income from each minor or full-time student, up
to a maximum of $5,000 each.
F.
Maximum sales price and rent.
(1)
Maximum sales prices will be set by the Housing Administrator so that the annual cost of the sum of principal, interest, taxes and insurance (PITI) and common charges, if applicable, will not exceed the result of the following calculation: 100% of the current Kingston, New York Metropolitan Service Area Median Family Income, adjusted for family size [see Subsection E(1) above] multiplied by 30%. For example: Assuming that the adjusted median family income for a family of four is $63,500, the calculation would be as follows:
|
Step 1: $63,500 x 100% = $63,500
| |
|
Step 2: $63,500 x 30% = $19,050 or $1,588 per
month
|
(2)
Maximum yearly rent, excluding utilities, for a particular household shall not exceed the result of the following calculation: 75% of the adjusted median family income [see Subsection E(1) above] multiplied by 25%. For example: Assuming that the adjusted median family income for a family of four is $63,500, the calculation would be as follows:
|
Step 1: $63,500 x 75% = $47,625
| |
|
Step 2: $47,625 x 25% = $11,906 or $992 per
month
|
G.
Occupancy requirements. All inclusionary housing units
shall be occupied by qualified households either owning or renting
such units. All eligible households who own any other residence shall
satisfy the Housing Administrator of their intent to sell or otherwise
divest themselves of all other residences prior to the purchase of
an inclusionary housing unit. For the purposes of this section, real
estate used by the household to derive income shall be excluded from
this requirement. Such income is to be included in determining the
household's gross annual family income. Notwithstanding the above,
it is intended that lenders will retain all of their rights in foreclosure
so that a lender may take title to the premises for the limited purpose
of transferring title of an owner-occupied property to another owner
qualified under this section, or, in the case of rental properties,
transferring title to an owner who will remain obligated to rent the
premises to tenants qualified under this section.
H.
Selection priorities.
(1)
Once a household is determined to be eligible to participate
in the inclusionary housing program based on income limits as set
forth above, preference will be given to households on the basis of
the following factors. For purposes of this subsection, a "household"
shall include any and all family members who have reached the age
of 21 and who will occupy the inclusionary housing unit as their primary
residence. For each eligible household, all members over 21 shall
be counted and the total number of points shall be added together
and divided by the number of such members of the household to determine
the household's score. Household members seeking preference based
on voluntary service or employment must provide a certification letter
from an authorized person within such organization attesting to the
applicant's length of volunteer service or employment.
(2)
The priority list will be as follows:
|
Category
|
Point Value
| ||
|---|---|---|---|
|
a.
|
Current Gardiner resident, six months to one
year
|
1; 1 additional point for each 10 full years
of residence after the first, to a maximum of 5 points
| |
|
Gardiner resident 62 years of age or older
|
1
| ||
|
b.
|
Town of Gardiner full-time municipal employee,
minimum 24 months, or retired employee
|
3
| |
|
Shawangunk Valley or Gardiner Volunteer Fire
Department or Rescue Squad member in good standing, minimum 24 consecutive
months; or
|
3
| ||
|
Paid emergency service personnel serving Gardiner,
including police, fire and emergency medical services, minimum 24
consecutive months
|
2
| ||
|
c.
|
Employee of a public school district serving
Gardiner students, minimum 24 months, or retired employee
|
1
| |
|
d.
|
Physically and/or mentally disabled resident
of Gardiner, certified by a physician
|
1
| |
|
e.
|
Former resident of Gardiner for at least two
years
|
1
| |
|
f.
|
Ulster County residents for at least 3 years,
not residing in Gardiner
|
1
| |
|
g.
|
Employee of a business located in Gardiner,
minimum 24 months, or retired employee
|
2
| |
|
h.
|
Active member of the armed forces of the United
States or reserves, minimum 24 months, or honorably discharged member
of the armed forces of the United States
|
1
| |
|
i.
|
Gardiner resident of at least 6 months under
35 years old or child of such a Gardiner resident under 35 years old
|
3
| |
|
j.
|
Parent of a Gardiner resident who has lived
in Gardiner for at least 6 months
|
2
| |
I.
Rental of inclusionary housing units. A two-year lease
will be offered to all tenants of inclusionary housing units available
on a rental basis. At time of renewal, a tenant will resubmit all
financial information required by the Housing Administrator to determine
continued income eligibility. If the tenant family's income is more
than 10% above the then-qualifying limit, the lease will be renewed
for not more than one year in length and upon expiration of such lease,
and subject to review by the Housing Administrator, the tenant will
be required to vacate the inclusionary housing unit if family income
still exceeds the then-current limit. The tenant will be notified
of such requirement prior to signing a lease and a clause stating
this requirement will be included in the lease.
J.
Ownership and resale of inclusionary housing units.
(1)
Ownership of an inclusionary housing unit will be
on a fee-simple, condominium or cooperative basis, and title to the
same will vest in the eligible purchaser either individually, as joint
tenant with other eligible purchasers, or as tenants by the entirety.
Inclusionary housing rental units may be owned by individuals or corporations,
who or which will offer such units at rent levels that conform to
the criteria established by the Housing Administrator.
(2)
The owner of an inclusionary housing unit shall notify
the Housing Administrator of his or her intent to sell prior to contact
with any realtor or purchaser.
(3)
The Housing Administrator shall calculate the resale price as provided in Subsection F(1). The Housing Administrator shall screen eligible purchasers as provided for in Subsection O and make the list of eligible purchasers available to the seller. In no event will the seller of an inclusionary housing unit be entitled to a profit obtained from a selling price in excess of the maximum sales price as determined in Subsection F(1).
(4)
Upon the death of an owner, the executor or administrator
of the estate of the deceased owner will place the inclusionary housing
unit for resale on the basis as set forth herein. This shall not apply
to a surviving spouse or resident parent who shall be eligible to
continue ownership in the same manner as the deceased owner. In no
other event will the beneficiaries of the estate, distributees or
heirs at law of the deceased owner be entitled to occupy the inclusionary
housing unit or be entitled to ownership status, unless the eligibility
provisions of these regulations are separately adhered to and complied
with.
(5)
The original deed and any subsequent deeds or instruments
used to transfer title to a inclusionary housing unit shall include
a provision indicating that the housing unit is an inclusionary housing
unit subject to perpetual restrictions on occupancy and resale. The
following paragraph, or one substantially similar, must be included
in all deeds and other transfer instruments:
|
"This dwelling has been constructed for use
by eligible families pursuant to a special inclusionary housing program
established under the Gardiner Town Code. All future sales, resale
or rental of this dwelling in perpetuity must be to a person who is
determined to be eligible pursuant to the criteria and priority system
set forth in the Gardiner Town Code and at a price determined in accordance
with the Town's inclusionary housing program."
|
K.
Restriction on occupancy. Under no circumstances will
an inclusionary housing unit, whether available for ownership or on
a rental basis, be offered for rental, lease, sublease, boarding,
timeshare or any other basis whereby persons other than the eligible
owners and qualifying family members reside in the inclusionary housing
unit on either a temporary (more than one week) or permanent basis.
L.
Maintenance, upkeep and repairs.
(1)
Prior to engaging in any nonemergency major repair
or rehabilitation requiring a building permit, the owner of an inclusionary
housing unit will first obtain the written permission and approval
of the Housing Administrator. The Building Inspector must approve
emergency structural repairs, and the Building Inspector will be responsible
for inspecting the repair work when completed and for notifying the
Housing Administrator when said work is completed. Under no circumstances
will the Housing Administrator approve any addition in size to the
structure. The original square footage of the unit will be maintained
throughout the unit's existence.
(2)
All inclusionary units will be maintained at a standard
up to the original builder's specification level. At the time of resale,
the Housing Administrator is authorized to determine the expense of
repairs for conditions indicative of owner neglect to reasonably return
the unit to its original condition; such assessment will be charged
to the seller upon resale of the unit and must be paid by the seller
at or prior to closing.
M.
Tax assessment. The Town Assessor shall consider the
limits on resale value of inclusionary housing units when determining
the appropriate assessment on such units.
N.
Appeals. The Town Board will review and decide appeals
from any determination of the Housing Administrator. Applicants requesting
an appeal must do so, in writing, within 10 business days of receipt
of the determination of the Housing Administrator from which the appeal
is filed. The Town Board will render its decision within 30 days thereafter.
O.
Procedures for owner and tenant selection. The Housing Administrator shall establish procedures for making available the names and contact information of eligible families for any unit that becomes available. Such procedure shall be designed to implement the point system in Subsection H above, while providing for an efficient mechanism for owners to determine who is eligible to purchase or rent an inclusionary unit. Such procedures shall be prepared with an opportunity for public comment and shall be approved by the Town Board after a public hearing conducted under the rules for a special permit public hearing in this chapter.
P.
Tenant verification. All tenants of rental inclusionary housing units will be required to verify their family incomes in accordance with Subsection E upon each renewal of a lease.
Q.
Establishment of the Town of Gardiner Inclusionary
Housing Fund. The Town hereby establishes an Inclusionary Housing
Fund, the purposes of which will include:
(1)
Funding of costs incurred by the Town in the administration
and enforcement of the inclusionary housing program, including such
activities with respect to inclusionary housing units established
under this section, as well as funding of such future inclusionary
housing programs as the Town may otherwise establish by legislation,
order or resolution;
(2)
Defraying consulting fee expenses incurred, or to
be incurred, by the Town in the establishment of such inclusionary
housing programs;
(3)
Defraying the cost of improvements to municipal infrastructure,
including but not limited to roads, water, sewer and drainage improvements,
to the extent such capital expenditures are incurred to promote the
development of inclusionary housing;
(4)
Deposit of payments by project sponsors in mitigation,
where deemed suitable and appropriate by the Town, of any private
residential development proposal's failure to provide inclusionary
housing;
(5)
Construction of inclusionary housing units by the
Town or by a qualified not-for-profit housing corporation or other
entity selected by the Town Board; and
(6)
Any other purpose authorized by state or local law
in connection with the expansion or improvement of inclusionary housing
opportunities within the Town, including but not limited to establishment,
to the extent authorized by law, of a program of grants or loans to
not-for-profit or for-profit entities.
A.
New driveway entrances (including the conversion of farm roads into residential or commercial driveway entrances) shall require permission from the Town Superintendent of Highways for Town roads, the Ulster County Department of Public Works for county roads, or the New York State Department of Transportation for state roads. For regulation of driveways, see § 184-33 of the Town Code.
B.
The minimum safe access for a one- or two-family dwelling
shall consist of a vehicle access driveway that extends to within
not less than 20 feet from the principal structure. It shall be sufficiently
improved throughout its length to carry fire and emergency apparatus.
The following additional requirements shall be met:
(1)
No driveway shall be greater than 2,500 feet in length.
(2)
Driveways greater than 1,200 feet in length may be
constructed only with site plan approval by the Planning Board.
(3)
Buildings on driveways greater than 1,200 feet in
length shall be built with fire suppression systems recommended by
the Fire Chief for the fire district in which the building and driveway
are located.
(4)
A minimum of 30 feet of culvert pipe shall be installed
at the entrance to all driveways (off Town, county, or state roads).
(5)
For all dead-end driveways greater than 500 feet in
length, a one-hundred-foot by fifteen-foot "T-Shaped" or one-hundred-twenty-foot
outside diameter circle/loop unobstructed turnaround area shall be
constructed at the end of the driveway.
(6)
All driveways shall have and maintain a total of 15
feet of clearing to provide for the traveled way, which shall be 12
feet wide and able to support a twenty-ton load, and shoulder. Additional
provision shall be made as necessary to allow for factors that could
reduce the effective width of the driveway, such as drainage, snow
removal, parking, and utilities.
(7)
Turns in driveways shall maintain at least the minimum
15 feet cleared width and a driveway width of 12 feet. Driveways shall
have a minimum radius of 25 feet at the inside curb line and a minimum
radius of 50 feet at the outside curb line.
(8)
The maximum grade between vertical curves shall be
12%.
(10)
At least 13 feet six inches of vertical clearance
shall be provided and maintained over the full width of the driveway.
(11)
Driveways over 1,000 feet in length shall have
a fifty-foot long by twelve-foot deep turn-out for every 1,000 feet
of driveway length, with the turnouts evenly spaced over the length
of the driveway.
(12)
Driveway guide rails shall be installed if deemed
necessary by the Town Code Enforcement Officer/Building Inspector
or Planning Board.
C.
The Planning Board may approve unpaved common driveways
to provide access to flag lots or other contiguous lots, subject to
the following conditions:
(1)
The maximum number of lots gaining access through
any portion of a common driveway shall be three.
(2)
Written approval from the Town Superintendent of Highways
and the Town's engineer shall be secured before approval of any common
driveway.
(3)
A recorded maintenance agreement acceptable to the
Town Attorney must be executed to provide for the perpetual care and
maintenance of the common driveway.
(4)
The common driveway may never be offered for dedication
to the Town of Gardiner unless it conforms to Town Highway specifications
for rural streets in effect on the date of the offer of dedication.
However, the Town Board shall be under no obligation to accept such
an offer of dedication, even if the roadway conforms to Town Highway
specifications. In the event such dedication becomes necessary to
ensure public safety, the cost of bringing the road up to Town highway
specifications shall be borne by the homeowners.
(5)
The subdivision plat shall show the driveway clearly
labeled "COMMON DRIVEWAY."
D.
Drive-up or drive-through windows shall require site
plan review. Street access points and queueing areas shall be sited
in a manner that does not create safety hazards to pedestrians or
motorists and that does not increase traffic congestion on existing
streets.
E.
Restaurant drive-up or drive-through windows shall
be prohibited.
A.
Mobile home parks.
(1)
New mobile home parks shall be permitted only within mapped MHF Districts consistent with the provisions of Chapter 154 of the Town Code.
(2)
Existing mobile home parks not located in an MHF District may be continued as provided in Article VI and consistent with the provisions of Chapter 154 of the Town Code. The expansion of an existing mobile home park shall be allowed by special permit issued by the Town Board, provided that the mobile home park is included in a mapped MHF District. Until December 31, 2009, an applicant proposing to expand an existing mobile home park by not more than 25 mobile homes may elect to proceed under the special permit and site plan procedures existing on January 1, 2007. Upon site plan approval, the expanded mobile home use shall be considered a permitted use pursuant to § 220-27F.
(3)
New mobile home parks may be permitted in the MHF District, provided that they obtain a special permit and license from the Town Board and fully comply with Chapter 154 and all standards for open space developments, except as follows:
(a)
The number of permitted homes in any mobile home park shall be determined as provided by the formula in § 220-20B, using six dwelling units per acre as the maximum allowable density.
(b)
The minimum protected open space shall be 30%.
(c)
The development shall provide playground and
recreational facilities for the use of residents.
(d)
The maximum number of mobile homes in any mobile
home park shall be 60.
(e)
The minimum parcel size shall be 10 acres.
(f)
All mobile homes shall be screened from view
from public roads and other publicly accessible land.
(g)
All mobile homes shall be set back at least
100 feet from property lines.
(4)
All new mobile home parks and expansions of existing mobile home parks shall be required to comply with all applicable state and federal regulations and all applicable special permit and site plan review standards and criteria in this chapter. However, when provisions of this chapter establish requirements applicable to single-family dwellings, such provisions shall not apply to individual mobile homes in a mobile home park that comply with the conditions and requirements of the special permit and site plan approval for that mobile home park.. If the mobile home park will involve the creation of separate lots, the Town of Gardiner Subdivision Law (Chapter 188) shall apply.
B.
Temporary mobile homes. An owner of land located within
the Town of Gardiner, and who intends in good faith to construct a
dwelling thereon for his own occupancy, may be granted a permit to
place a mobile home on such land during the construction of the dwelling
not to exceed a period of one year, regardless of the lot area. A
mobile home may also be temporarily placed on any lot for a period
not to exceed one year in the event of major damage to or destruction
of a dwelling located on such lot. To the extent practicable, such
temporary mobile homes shall comply with the provisions of this section,
except that such homes may be installed without permanent footings.
After one year, the Building Inspector shall send notice to remove
the temporary mobile home or to apply for an extension not to exceed
one additional year in the event that construction, repair, or reconstruction
of the residence has not been completed. No further extension shall
be granted, unless the Planning Board, after an examination of the
facts and after providing the applicant an opportunity to be heard,
may, upon finding a hardship or extenuating circumstances, grant a
further extension of the permit if denial would work a hardship.
C.
Construction trailers. Construction trailers may be
placed temporarily (without permanent footings) on construction sites
for a period not to exceed the construction period, if allowed pursuant
to a special permit, site plan, variance, or subdivision approval.
Such trailers may be used for office, storage, or workshop space,
and shall not be used for residential purposes.
D.
Individual mobile homes. Mobile homes shall be regulated
in the same manner as single-family dwellings, except as otherwise
indicated in this section, and shall be permitted as single-family
dwellings as shown on the Use Table, except that mobile homes shall
be prohibited within the HM District.
E.
Housing for farm operations. Mobile homes shall be
permitted by right on farm operations without the requirement of site
plan approval, provided that they comply with all state and federal
standards and satisfy all applicable health regulations. Such mobile
homes shall be located within the boundaries of the farm parcel operated
by the applicant farm operator, subject to the following conditions:
[Amended 2-11-2020 by L.L. No. 1-2020]
A.
Day camp or overnight camp structures shall be set back at least 250 feet from property lines, unless the property line is the shoreline of a stream or lake, in which case the setback requirements of § 220-35D shall apply. Within the 250-foot setback area, a natural buffer of wooded vegetation shall be maintained to screen day camp and overnight camp structures and reduce the impacts of noise, odors, dust, and light on surrounding areas.
B.
Depending upon the type of day camp or overnight camp operation,
the Planning Board may impose restrictions on hours of operation and
on those activities that might disturb neighboring properties.
C.
Day camps and overnight camps shall comply with all applicable state
licensing requirements.
D.
A day camp or overnight camp that has been approved by special permit,
or that was in existence prior to the imposition of special permit
requirement, may not add or remove structures without obtaining a
special permit or special permit amendment. Such changes to the day
camp or overnight camp property shall also require site plan approval.
[Added 2-11-2020 by L.L.
No. 1-2020]
In addition to all requirements applicable to accessory structures
or uses, residential camping shall be subject to the following additional
requirements and restrictions:
A.
Number of residential camping units. Residential camping is limited
to a maximum of one camping unit per lot.
B.
Setbacks. The location of all camping units permitted as accessory
residential camping shall comply with all minimum setbacks for principal
structures in the zoning district where the property is located.
C.
Sewage disposal. Sewage generated by residential camping shall be
disposed of either at an off-site facility or by means of an on-site
disposal system. In either case, the facility or system must be one
currently permitted and approved by Ulster County Department of Health.
D.
Duration. Residential camping on any property over 60 days in any
continuous twelve-month period will be considered a permanent residence
and shall not be permitted as an accessory use.
E.
Short-term rental requirements. Residential camping shall be subject
to any applicable permitting, registration and/or related requirements
imposed by local law that is hereafter adopted by the Town Board to
regulate short term rentals in the Town of Gardiner.
F.
Minimum lot size. Residential camping shall only be permitted on
lots that are at least 2.0 acres in size.
[Added 2-11-2020 by L.L.
No. 1-2020]
A.
New campgrounds shall be permitted by special use permit issued by the Town Board only within mapped CF Districts. Site Plan review and approval by the Planning Board. Site plan approval may be issued by the Planning Board only after the Town Board has acted to create a CF District and approve a special use permit for the proposed use. Prior to issuing a special use permit, the Town Board shall solicit from the Planning Board any provisions or conditions which the Planning Board recommends should be included in the permit. The Planning Board shall respond to the Town Board within 30 days after which it shall be deemed that the Planning Board has no recommendation. The referral required under this section may be made concurrently with the referral for Zoning Map amendment required pursuant to pursuant to §§ 220-18.2 and 220-69.
B.
CF Districts may only be established in the RA and SP-1 District and shall be consistent with the provisions of this section and Chapter 200 of the Town Code.
C.
Existing campgrounds not located in an established CF District may be continued as provided in Article VI and consistent with the provisions of Chapter 200 of the Town Code. Notwithstanding the foregoing, an existing campground may add or remove structures, or expand to add up to 10 camping spaces consistent with the provisions of this section and Chapter 200 of the Town Code, with site plan approval issued by the Planning Board. The expansion of an existing campground to add more than 10 camping spaces shall require a special use permit issued by the Town Board and the creation of a CF District consistent with the provisions of this section and Chapter 200 of the Town Code.
D.
All campgrounds shall comply with the requirements of Chapter 200 and obtain a license to operate from the Town Board.
E.
All new campgrounds and expansions of existing campgrounds shall be required to comply with all applicable state and federal regulation, all applicable environmental performance standards (§ 220-40), special permit standards (§ 220-63), and the following supplemental regulations:
(1)
Dimensional requirements.
(a)
Campgrounds require a ten-acre minimum lot size in the RA zone.
(b)
Camping units consisting of wheeled vehicles shall not exceed
8.5 feet in width. The wheels must remain on the vehicle.
(c)
Each individual camp space shall be a minimum of 6,000 square
feet with up to two camp units allowed per camp space; provided, however,
that there shall be only one camping unit consisting of a wheeled
vehicle and utility hook up allowed per camping space.
(d)
Each camp space shall provide a maximum two parking spaces.
(e)
A seventy-five-foot separation will be provided between camp
spaces preserving natural vegetation to the extent possible.
(f)
Each campground must provide 150 feet of road frontage.
(g)
Camp units must be setback from side or rear lot lines a minimum
of 50 feet to provide a vegetated buffer. This setback shall be increased
to 200 feet in locations where the existing adjacent use is residential.
In such case, a minimum fifty-foot-wide vegetated buffer shall be
provided.
(h)
Camp units must be setback a minimum of 100 feet from public
roads. Common parking area must not exceed 5% of the gross developable
area. A minimum of 10% of the gross developable area must be designated
as a common recreational area.
(2)
Access and internal roadways.
(a)
Access to the campgrounds shall be from a state or county road
and the interior road shall be constructed to Town road specifications
for a minimum of 150 feet into the campground, or to the first interior
lane, whichever is longer.
(b)
If a campground has 25 or more camping units, there shall be
two connections to a public road.
(c)
Interior roadways or lanes shall be constructed to provide safe
and convenient access for patrons and emergency vehicles.
(d)
There shall be no direct connection to public roads from any
camping space or camping unit.
(f)
Notwithstanding the foregoing, the Town Board or Planning Board
may require that all interior roadways or lanes within the campground
meet rural road specifications where prospective traffic or emergency
vehicle access would require such improvement.
(3)
General requirements and design standards.
(a)
All campgrounds shall be located on a well-drained site, properly
graded to prevent ponding of water.
(b)
The only permanent structures permitted in campgrounds are a
single owner or caretaker dwelling, service and office buildings,
restrooms and recreational buildings designed and intended to accommodate
indoor sports and recreation. Sleeping accommodations for transient
guests may not be offered in permanent structures intended for year-round
use.
(c)
Screening, in the form of fences, trees, or plantings, shall
be provided between a campground and any other use. A minimum fifty-foot-wide
buffer area shall be required between a campground and any street
or highway on which such campground fronts. A buffer area of 50 feet
shall also be located along side and rear lot lines between a campground
and any other use. Such buffer area shall be suitably landscaped and
screened.
(d)
There shall be no parking on public roads or interior roadways
within a campground.
(e)
Management headquarters, recreational facilities, toilets, dumping
stations, showers, coin-operated laundries, and other uses and structures
customarily incidental to the operation of campground are permitted
as accessory uses to the camping grounds. In addition, retail stores
and other convenience establishments shall be permitted as accessory
uses in campgrounds in such districts where such uses are not allowed
as principal uses, subject to the following restrictions:
[1]
Such establishments and the parking areas primarily
related to their operations shall not occupy more than 5% of the gross
area of the campground. Such establishments shall be restricted in
their use to occupants of the campground.
[2]
Such establishments shall present no visible evidence
from any street outside the campground of their commercial character
which would attract customers other than occupants of the campground.
[3]
The structures housing such facilities shall not
be located closer than 100 feet to any public road and shall not be
directly accessible from any public road, and shall only be accessible
from an internal roadway within the campground.
(f)
All service buildings and the grounds of the park shall be maintained
in a clean, sightly condition and kept free of any conditions that
shall menace the health of any occupant or the public or constitute
a nuisance.
F.
The Town Board may waive, subject to appropriate conditions, the requirements for campgrounds set forth in this § 220-45.2E as in its judgment of the special circumstances of a particular property are not requisite in the interest of the public health, safety, and general welfare, or would cause unusual hardship, provided the public interest is protected and the development is in keeping with the general spirit and intent of the regulations set forth in this § 220-45.2E. The Town Board may consider the preexisting, nonconforming status of any existing use or improvement on the subject property when determining whether or not to grant a waiver under this provision. Any request for waiver of any requirement set forth in this chapter shall be in writing and approved by the Town Board in conjunction with its review of an application for the establishment of a CF District and special use permit.
A.
Purposes, applicability, and definitions.
(1)
Purposes of this section:
(a)
To provide standards for the construction, modification,
and operation of WTFs, in order to protect the scenic qualities of
the Town while accommodating the growth of communications services.
(b)
To encourage the placement, height, quantity,
and appearance of WTFs in such a manner as to minimize any adverse
impacts to the surrounding land, property, buildings, and other structures.
(c)
To promote the location of WTFs in areas suitably
screened and buffered, and in areas adequately separated from residential
and other uses.
(d)
To encourage the concealment of WTFs within
or upon existing or planned structures, in a way that is consistent
with surrounding land uses and architecture.
(e)
To allow for the shared use of WTF sites, as
an alternative to construction of additional communication facilities,
while recognizing that co-location on higher towers is not always
preferable to a larger number of shorter, less visible, and less obtrusive
towers.
(f)
To ensure that competition among wireless telecommunications
providers in the Town is not unreasonably limited. The provisions
of this chapter are neither intended to prohibit, nor to have the
effect of prohibiting, the provision of personal wireless services,
nor shall they be used to discriminate among providers of functionally
equivalent services, consistent with federal regulation.
(3)
ANTENNA
AVERAGE TREE CANOPY
CAMOUFLAGE
CARRIER
CO-LOCATION
DRIVE TEST
FUNCTIONALLY EQUIVALENT SERVICES
HEIGHT
MAJOR WTF
MINOR WTF
(a)
(b)
PERSONAL WIRELESS SERVICES OR PERSONAL COMMUNICATIONS SERVICES
PROFESSIONAL ENGINEER
PROPAGATION PLOT
RADIO FREQUENCY (RF) RADIATION
SEPARATION
SHARED USE
TELECOMMUNICATIONS
VISUAL SCREENING
WIRELESS TELECOMMUNICATIONS FACILITY OR WTF
Definitions. The following definitions are specific to WTFs and supplement Article XII. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number, and words in the singular number include the plural number.
A system of devices that transmit or receive electromagnetic
waves or radio frequency (RF) signals. Such uses shall include, but
not be limited to, radio, television, personal wireless services,
cellular, paging, personal communications services (PCS), specialized
mobile radio (SMR), and microwave telecommunications.
The average height of a stand of trees. For the purpose of
determining the maximum height of a WTF to be installed in a wooded
area, the average overall height (from the ground to the top of the
tree) of the trees located within 200 feet of the proposed site shall
be used to determine the average tree canopy.
Refers to a means of disguising or concealing a WTF in such
a way that the facility blends with its surroundings. Camouflage generally
conceals antennas of WTFs, and may also conceal other WTF components,
such as structural supports, ground-mounted equipment, and accessory
structures. Examples of camouflaged WTFs include, but are not limited
to, facilities which are disguised as coniferous trees or farm silos,
or which are incorporated into steeples, cupolas, or other new or
existing architectural elements.
A person, licensed by the FCC, that provides wireless telecommunications
services to customers. For the purposes of this chapter, radio and
television broadcasters are considered carriers.
The installation of more than one antenna array upon or within
a single WTF support structure.
The process of erecting a temporary transmit antenna for
the purpose of measuring signal strength from a proposed WTF location,
or the process of measuring the actual system performance of an existing
WTF to establish the operational coverage and effectiveness of such
a site. Such a test is referred to as a "drive test" because signal
strength measurements are usually made from a vehicle traveling on
roads surrounding the proposed site.
Services which include, but are not limited to, cellular,
personal wireless services, personal communications services (PCS),
enhanced specialized mobile radio, specialized mobile radio, and paging.
When referring to a tower or structure, means the vertical
distance measured from the preexisting grade level at the center of
the base of the tower or structure to the highest point on the tower
or structure, even if said highest point is an antenna, camouflage
component, or other appurtenance.
Any WTF which is not a minor WTF, including but not limited
to any WTF requiring the construction or installation of a ground-mounted
tower.
A WTF which has very little or no visual impact, and which
fits one of the following categories:
Installation within an existing structure, such
as a steeple or farm silo, such that the WTF, including all antennas
and significant accessory equipment, is completely hidden from view,
is indistinguishable from the structure itself, and does not materially
alter the structure's appearance or physical dimensions.
Shared-use installation upon an existing WTF,
where the new WTF's antennas and accessory equipment are hidden by
any visual screening and/or camouflage used to conceal the existing
WTF, with no material increase in visual impact of the facility.
Shall have the same meaning as defined and used in the Federal
Telecommunications Act of 1996.
A New York State licensed engineer.
A graphical representation of the expected signal strength
at specific locations within a cell and the nearby area.
The general term referring to high-frequency, nonionizing
electromagnetic radiation utilized in wireless systems to transmit
information from one location to another.
The distance between one carrier's array of antennas and
another carrier's array. Separation may be measured horizontally or
vertically.
The use of a WTF by more than one carrier, or to support
more than one antenna array or type of service. Examples include co-location
(either with or without horizontal or vertical separation) and shared
use of the same antenna or radome.
The transmission and reception of audio, video, data, and
other information by wire, radio frequency, light, and other electronic
or electromagnetic systems.
A buffer of new or existing trees, vegetation, landscaping,
topographic features, or some combination thereof, which shields a
WTF from view.
A facility used to physically and/or operationally support
the use of antennas to transmit or receive wireless signals, including,
but not limited to cellular, paging, personal communication services
(PCS), commercial satellite services, microwave, mobile radio, specialized
mobile radio (SMR), radio, television, and personal wireless services.
Such facility shall be considered to include any antennas, towers,
structural supports, equipment, accessory buildings, generators, camouflage
systems and structures, security barriers, screening, and other components
required for its construction or operation. For the purposes of this
chapter, facilities used exclusively for the Town's fire, police,
and other dispatch telecommunications, or used exclusively for private
residential radio and television reception, private citizen's band,
and amateur (ham) radio are excluded from the definition of "wireless
telecommunications facility."
B.
Standards for approval.
(1)
Any person applying for a special permit for a WTF
or operating a WTF pursuant to an approved special permit, including
any successor or assign of an applicant or operator of a WTF, shall
be one of the following:
(2)
The reviewing board may, at any time during the application
review process, require from the applicant such additional information,
documentation, or test data as the board deems necessary to ensure
that the health, safety, and welfare of the community are adequately
protected.
(4)
Visual impact assessment. It is an intent of this
chapter to encourage the concealment of WTFs, through the use of camouflage,
visual screening, location, and distance, used separately or in combination.
In addition to other available methods, the measures outlined below
may be used by the Town Board and other applicable boards to evaluate
the visual impact of a proposed WTF.
(a)
The Board may require the applicant to conduct
a balloon test. If so directed, the applicant shall, prior to the
close of the public hearing on the application, conduct the test as
follows: The applicant shall arrange to fly, or raise upon a temporary
mast, a brightly colored balloon at the maximum height of the proposed
new tower. The dates (including a second date in case of poor visibility
on the initial date), time, and location of this balloon test shall
be advertised by the applicant at no less than seven and 14 days in
advance of the first test date in a newspaper with a general circulation
in the Town, and agreed to by the Board. The applicant shall inform
the Board, in writing, of the date and time of the test at least 14
days in advance. The balloon test shall be conducted on a weekend,
and the balloon shall be flown for at least eight consecutive hours
between 7:00 a.m. and 4:00 p.m. on the date chosen.
(b)
To determine the effects of changes in WTF height
on visual impact, the Board may require that some or all of the visual
impact assessment methods described in this chapter also be provided
for other heights which are higher or lower than that of the proposed
WTF. Such additional information and tests shall be provided for heights
differing from the proposed height by increments of a size and number
specified by the Board. The assessment methods for which such additional
information may be required include, but are not limited to, the following:
(5)
Location of WTFs.
(a)
It is the intent of this section to protect
the following specific resources of the Town from any adverse effects
resulting from the installation and operation of WTFs:
[1]
The natural, environmental, historic, archeological,
recreational, and scenic resources (including views both to and from
the areas) of the following features of the Town:
[a]
Parks and preserves, including
Minnewaska State Park Preserve, the Mohonk Preserve, George Majestic
Memorial Park, and the Wallkill Valley Rail Trail.
[b]
Waterways, including the Wallkill
River, Shawangunk Kill, and Mara Kill, and their associated floodplains.
[c]
The Shawangunk Ridge.
[d]
Viewsheds and scenic vistas from
highways, including Town, county, and state roads.
[e]
Viewsheds and scenic vistas from
various neighborhoods and residential properties.
[2]
The scenic, aesthetic, cultural, and historic
qualities of the areas within and surrounding the Town's Hamlet Residential,
Hamlet Mixed-Use and Highway Commercial Zoning Districts.
(b)
WTFs shall not be located in that area of the
Town which lies both west of County Route 7 and at or above an elevation
of 400 feet above mean sea level.
(c)
WTFs shall not be located within 100 feet of
any campground, public park, preserve, or recreational trail.
(d)
Unless mounted on or within an existing structure,
WTFs shall not be located in or within 500 feet of any Hamlet Residential,
Hamlet Mixed-Use or Highway Commercial Zoning District.
(e)
Installation of WTFs in locations where they
obtain additional prominence, such as along a ridge line or on a hilltop,
shall be avoided. In particular, no WTF shall project above or along
the Shawangunk Ridge or be visible along the ridge face.
(6)
Height. The height of any WTF shall be the minimum height determined by the Town Board to permit the WTF to provide service over a reasonable range while limiting the WTF's visual impact to a minimum. Subsections B(6)(a) through (d) below provide additional height limitations on specific types of WTF installations. The Town Board may, at its discretion, allow these limitations to be exceeded, provided that the applicant demonstrates, to the Town Board's satisfaction, that no additional adverse visual impact will result from the deviation above the applicable height limit from Subsection B(6)(a) through (d) below. However, in no case shall the height of a WTF exceed 120 feet.
(a)
For a ground-mounted WTF tower, the following
height standards shall apply:
[1]
In cleared areas, the maximum height of a WTF
is limited to 80 feet.
[2]
In wooded areas, the maximum height of a WTF
is limited to 15 feet above the average tree canopy.
[3]
In cases where the proposed WTF is located within
50 feet of the border between cleared and wooded areas, the entire
surrounding area shall be considered cleared for the purposes of determining
maximum tower height.
(b)
When a WTF is to be installed within or upon
an existing structure (such as a building, building component, barn,
or farm silo, but not a high-voltage electrical transmission structure),
the facility shall not add more than 10 feet to the height of the
original structure.
(c)
When a WTF is to be installed upon an existing
high-voltage electrical transmission structure, the following height
limitations shall apply:
[1]
Where the utility right-of-way passes through
or adjoins a cleared area, the WTF shall not add any height to the
existing electrical transmission structure.
[2]
Where the utility right-of-way passes through
a wooded area, the WTF shall not add more than 10 feet to the height
of the existing electrical transmission structure.
(d)
When a WTF is incorporated into the design of
a planned or proposed new building or structure, the portion of the
structure supporting the WTF antenna shall not add more than 10 feet
to the height of the remainder of the structure. The portion of the
structure not used to support the WTF antenna shall be subject to
the height restrictions of the underlying zoning district.
(e)
No proposed WTF shall be of such a height that
it requires obstruction lighting, strobe lights, or high-visibility
markings of any kind under local, county, state, or federal regulations,
including FAA regulations.
(f)
In order to reduce the overall visual impact
of a proposed WTF, the applicant may be required to achieve coverage
objectives by using more than one shorter structure (existing or new)
rather than a single tall structure.
(7)
Demonstration of need for a WTF.
(a)
An applicant shall demonstrate the need for
a proposed WTF for a specific location by furnishing the Town Board
with propagation plots and drive test results as required by the Town
Board.
(b)
To determine the effects of changes in WTF height on expected coverage, the Town Board may require that the information outlined in Subsection B(7)(a) above also be provided for other heights which are higher or lower than that of the proposed WTF. Such additional data shall be provided for heights differing from the proposed height by increments of a size and number specified by the Town Board.
(c)
It is an objective of this chapter to facilitate
the provision of adequate wireless telecommunications coverage throughout
the Town. It should be noted, however, that the achievement of complete
coverage throughout the Town may not be possible or practicable. Evidence
of incomplete coverage throughout the Town shall not, by itself, demonstrate
need for a proposed WTF.
(8)
Lot size and setbacks.
(b)
Setbacks are to be measured horizontally, and
shall apply to all WTF components, including guy wire anchors, accessory
structures, and fences.
(c)
To ensure public safety and to mitigate adverse
visual impact, the minimum distance from a WTF to any property line,
road, residential or habitable dwelling, business use, or institutional
use shall be 1 1/2 times the height of the WTF.
(d)
In the event that a WTF is to be installed within a new or existing structure, such as a steeple, building, or farm silo, the setbacks in Subsection B(8)(c) above may be waived if deemed appropriate by the Town Board.
(e)
The applicant shall "control," by way of ownership,
easements, or other means, lands within the setbacks to ensure that
no habitable structure can be built within the setback distances,
and to ensure that any existing vegetation screening base facilities
will be preserved. Written proof of such measures shall be furnished
with the application as required by the Town Board.
(f)
Additional setbacks may be required by the Town
Board to preserve the privacy of adjoining properties, to provide
additional visual screening, and to contain on site substantially
all icefall and/or debris from tower failure.
(9)
Camouflage.
(a)
A WTF shall be camouflaged so as to minimize
its visual impact.
(b)
Any WTF shall employ an unobtrusive design and
the most appropriate camouflage for the proposed site, as determined
by the Town Board. All WTFs shall be designed to blend into the surrounding
environment through the use of appropriate designs, building materials,
colors, and textures.
(c)
A WTF which is mounted upon an existing structure,
or incorporated into the design of a new structure to be built for
a purpose other than wireless telecommunications, shall be concealed
within or behind new or existing architectural features (e.g., cupola,
roof, steeple, clock tower, silo roof, etc.) to limit its visual impact.
(d)
When determined to be appropriate by the Town
Board, a ground-mounted WTF shall be camouflaged to resemble or mimic
an object that would be consistent with the character of the surrounding
area. Such objects might include a native coniferous species of tree,
a farm silo, or some other innovative replication of a structure.
Camouflage used in such cases shall be made to appear as realistic
as possible using available techniques.
(e)
On WTFs designed to allow co-location of additional
antennas, camouflage systems shall conceal not only the initial antenna(s)
installed, but also the spaces to be occupied by future antennas.
(f)
Flush-mounted or completely hidden antennas
shall be used whenever possible in order to improve the effectiveness
of the camouflage system and to reduce the overall visual impact of
the WTF.
(g)
If a proposed WTF is sufficiently small, visually
screened, or distant from surrounding property lines that it is not
materially visible to the naked eye from any viewing position outside
the subject parcel, then the Town Board may waive some or all of the
camouflage requirements of this section.
(h)
In the particular case where a WTF is to be
installed upon an existing high-voltage electrical transmission structure,
any structural members added to support the WTF shall be consistent
in design, finish, type of material, and color with the existing structure.
(10)
Visual screening.
(a)
Any WTF not effectively concealed from view within new or existing structures shall, in addition to any required camouflage described in Subsection B(9) above, be surrounded by a visual buffer consisting of dense tree growth, understory vegetation, topographic features, and/or landscaping. The buffer shall be of sufficient height and depth to effectively screen the WTF from view year-round. Buffer trees and vegetation may be preexisting on the subject property, installed as part of the proposed facility, or a combination of both. If on adjacent lands, required buffer trees and vegetation shall be subject to acceptable easements, which shall continue until the WTF is removed.
(b)
If plantings of trees or shrubs are to be used
for visual screening, they shall be selected to meet all of the following
criteria:
(c)
Any plantings shall be maintained in a healthy
state or replaced as necessary to provide continued screening.
(d)
The applicant shall "control," by way of ownership,
easements, or other means, lands within the setbacks to ensure that
any existing vegetation screening the WTF will be preserved. Visual
screening may be located on the subject parcel, or on adjacent lands
if subject to acceptable easements.
(e)
Clearing of trees for a WTF site shall be kept
to an absolute minimum in order to maximize the screening effect of
existing woodlands.
(11)
Lighting. WTFs shall not be artificially lighted
except as follows:
(a)
Security lighting for accessory structures or
buildings shall be motion-activated and shall be minimized, shielded,
and directed downward to prevent light pollution, light emission,
and glare onto adjacent properties.
(b)
Lighting for temporary night, emergency, or
indoor work by technicians shall be allowed.
(12)
Vehicles and movable equipment on WTF site.
Vehicles and movable equipment not incidental to the operation of
the WTF shall not be stored or parked on the WTF site unless specifically
allowed by the Town Board.
(13)
Utilities. The Town Board may require any utilities
at a WTF site to be installed underground.
(14)
Signage. A WTF shall contain an unlit sign no
larger than six square feet to provide adequate notification to persons
in the immediate area of the presence of an antenna that has transmission
capabilities. The sign shall include the names of the owner and operator
of the WTF, as well as twenty-four-hour emergency phone numbers. The
sign shall be posted on or near the entry gate, and shall be located
so as to be visible from the access driveway of the site. In the case
of roof-mounted antennas or antennas incorporated into an existing
structure such as a steeple or farm silo, the sign shall be displayed
at the access way to the antenna area. No other signage shall be permitted
on a WTF unless required by applicable law or regulation.
(15)
Radio frequency and electromagnetic standards.
(a)
The Town may, at any time, require the owner
and/or operator of a WTF to submit evidence of the facility's compliance
with FCC standards and guidelines. If new, more restrictive standards
or guidelines are adopted by any appropriate federal or state agency,
the WTF shall be brought into compliance, or continued operation may
be restricted by the Zoning Enforcement Officer.
(b)
Before commercial transmissions begin, the applicant
shall provide certification by a professional electrical engineer
with expertise in RF engineering that the facility, as constructed
or installed, does not exceed the maximum permissible exposure limits
for levels of electromagnetic radiation in accordance with FCC standards
and guidelines. This certification shall include a statement as to
whether other significant transmitting sources are located at or near
the WTF site and, if so, how their emissions were considered in determining
compliance.
(16)
Security of WTFs. All WTFs shall be located,
fenced, or otherwise secured in a manner which prevents unauthorized
access. Fencing shall be designed to minimize visual and aesthetic
impacts. Electrified fences and razor wire shall be prohibited.
(17)
Accessory structures.
(a)
Accessory structures shall be limited to such
dimensions as needed to accommodate equipment while minimizing the
visual impact of said structures.
(b)
Accessory structures may not include office
space, vehicle storage, outdoor storage, or other uses that are not
needed to send or receive wireless telecommunications transmissions
unless allowed by the Town Board.
(c)
Accessory structures shall be designed to be architecturally compatible, both in style and materials, with principal structures in the surrounding area, as determined by the Town Board. This requirement may be waived in cases where the structures are visually screened as set forth in Subsection B(10), Visual screening.
(d)
Existing structures which are sound and well-maintained
may be used, if practicable, to house WTF equipment, in lieu of the
construction of new accessory buildings.
(18)
Maintenance. The WTF owner and/or operator shall
maintain the WTF in good condition, including, but not limited to,
maintenance of telecommunications equipment, security features, painting
and other finishes, camouflage, screening, buffer areas, landscaping,
and structural integrity.
(19)
Modification of existing WTFs.
(a)
The holder of a special permit shall notify
the Town concerning any intended modification of a WTF. The Town Board
shall determine whether the intended modification is of such a nature
that a full application as otherwise required by this chapter will
be required. However, a proposed modification to an existing WTF shall
be considered equivalent to an application for a new facility in any
of the following cases:
[1]
The applicant proposes to increase the number
of WTFs or antenna arrays permitted on the site.
[2]
The applicant proposes to make any change which
will materially increase the physical dimensions of the WTF, including
but not limited to antennas, appurtenant equipment, and accessory
structures.
[3]
The applicant proposes to make any change which
will significantly alter the appearance of the WTF.
(b)
If the Town Board determines, pursuant to the
above criteria, that a full application is not required for a modification
of a WTF, then the Town Board may specify which of the requirements
of this chapter shall apply to the proposed modification.
(20)
Shared use of WTFs.
(a)
Shared use of WTFs, including, but not limited
to, shared antennas and co-location of antennas, shall be allowed
to the extent that it does not materially increase visual impact.
(b)
The total number of antenna arrays on a WTF
site shall not exceed three. Where there is sufficient capacity and
no reduction in safety, reliability, or general engineering purposes,
location of more than one carrier's equipment on a WTF site shall
be accommodated as provided in this section.
(c)
A proposed WTF with capacity for shared use
shall include the following accommodations for future carriers:
(d)
Capacity for co-location shall not be considered
a legitimate justification for increased height of a WTF unless the
Town Board determines that such an increase in height would not have
an adverse effect on the visual impact of the WTF.
(21)
Operational permit for a WTF.
(a)
A WTF shall be subject to an operational permit
issued by the Zoning Enforcement Officer. Such permit shall constitute
permission to operate the WTF in compliance with the requirements
of the Municipal Code of the Town and any requirements or conditions
related to the special permit and site plan approvals for the WTF.
The issuance of an operational permit shall not be construed to be
a permit for, or an approval of, any violation of such provisions.
(b)
Application for an operational permit, whether
for an original permit or for a renewal, shall be made to the Building
Department in such form and detail as prescribed by the Zoning Enforcement
Officer. The Zoning Enforcement Officer may require, as a condition
of permit issuance or renewal, the submission of any information as
may reasonably be needed to make a determination regarding compliance
of the WTF. An application for an operational permit shall be accompanied
by a fee as set forth by the Building Department.
(c)
An operational permit shall remain in effect
until reissued, renewed, revoked, or expired. An operational permit
shall be effective for a period not to exceed five years, at which
time, if not renewed, it shall expire and operation of the WTF shall
cease.
(d)
The Zoning Enforcement Officer may, upon written
request and demonstration of good cause by a holder of an unexpired
operational permit, grant one or more written extensions of permit
time for periods not to exceed 90 days each.
(e)
Where more than one WTF operational permit is
required for the same location, as may be the case with shared use
of a WTF, the Zoning Enforcement Officer may consolidate such permits
into a single operational permit, provided that each permitted use
is identified in the operational permit.
(f)
A WTF shall at all times be operated and maintained
in full compliance with the standards and conditions under which special
permit and site plan approval were granted, and in conformance with
all applicable regulations. In addition to any other remedy provided
in the Municipal Code of the Town, failure to so operate and maintain
a WTF shall be grounds for revocation of the operational permit by
the Zoning Enforcement Officer.
C.
Procedures.
(1)
Application. In addition to other applicable requirements for special permit applications in Article IX, an application for the placement, construction, or modification of a wireless telecommunication facility (WTF), shall also contain the following information:
(c)
Estimated total project cost, including all
site work, construction, materials, and equipment.
(d)
A site development plan including the following information, in addition to the requirements of Article IX:
[1]
Location and delineation of the area to be leased
by the applicant, if applicable.
[2]
Location, size, and height of all proposed towers,
antennas, and appurtenant structures and equipment.
[3]
Type, location, and dimensions of all proposed
and existing landscaping, fencing, and visual buffers.
[4]
In the case of a WTF proposed to be constructed
in a wooded area, the average tree canopy height (see definition).
[5]
Extent of any proposed clearing of existing
trees and vegetation.
[6]
Area map showing the following within a radius
of 500 feet of the proposed WTF site or within 100 feet of the subject
parcel lot lines, whichever is greater:
(e)
Description of the WTF (employing text, drawings,
details, and elevation views as appropriate), providing the following
information:
(f)
Frequency, modulation, and class of service
of transmitting equipment.
(g)
Transmission power and maximum effective radiated
power of the antenna(s).
(h)
Diagram showing direction of maximum lobes and
associated radiation of the antenna(s).
(i)
Report demonstrating need.
[1]
A report demonstrating the need for the proposed
WTF, to include:
[a]
Propagation plots or coverage maps
showing the expected coverage of the proposed site and the coverage
of all adjoining proposed, in-service, or existing sites.
[b]
At the Board's request, results
of drive tests for existing WTFs surrounding the proposed WTF site,
and/or results of a drive test performed with a test antenna suspended
at the height of the proposed WTF antenna. Such drive tests may be
witnessed by a consultant or other expert selected by the Board.
[2]
To determine the effects of changes in WTF height on expected coverage, the Board may require that the information outlined in Subsection C(1)(i)[1][a] and [b] above also be provided for other heights which are higher or lower than that of the proposed WTF. Such additional data shall be provided for heights differing from the proposed height by increments of a size and number specified by the Board.
(j)
Certification by a professional electrical engineer
with expertise in RF engineering that the electromagnetic radiation
levels at the proposed site will be in compliance with FCC standards
and guidelines, and that the proposed facility will comply with all
applicable federal standards. This certification shall include a statement
as to whether other significant transmitting sources are located at
or near the proposed WTF site and, if so, how their emissions have
been considered in determining compliance.
(k)
A copy of the carrier's FCC license for operation
of WTFs.
(l)
If the applicant is not an FCC-licensed carrier
proposing to locate an antenna upon the WTF, then a copy of a signed
contract with, or a signed letter of intent from, an FCC-licensed
carrier to locate an antenna upon the applicant's proposed WTF.
(m)
A long-range communications facilities plan
showing how, for a period of three years following the date of application,
the applying carrier plans to provide service throughout the Town
and within five miles of the Town's boundaries, including the following:
(n)
If the applicant is not proposing to share use
of an existing WTF or to locate upon an existing structure, then demonstration
that shared use is not practicable. Such demonstration is to be in
the form of a written report inventorying all existing WTFs and other
appropriate structures for supporting WTFs, including sites within
neighboring towns, within 1,500 feet of the proposed WTF site. The
purpose of this report shall be to show that the applicant used its
best efforts to secure shared use of existing WTFs and other existing
structures as a preferred alternative to new tower construction. The
report shall include a written summary of the applicant's efforts
to secure shared use of existing WTFs, or use of existing buildings
or other structures, within the Town and adjoining towns, as well
as the reasons why shared use is considered impractical in each case.
Copies of written requests and responses may be required by the Town
Board.
(o)
A copy of the applicant's lease or proposed
lease from the property owner, if the proposed site is not owned by
the applicant.
(p)
In the event the proposed WTF is located upon
an easement (such as a utility easement), the applicant shall provide
proof that the easement permits the addition of a WTF as an accessory
or incidental use to the use provided for in the easement, or shall
provide proof of the consent of the fee owner of the lands on which
the proposed WTF is to be located.
(q)
For a major WTF, an assessment of the visual
impact of the proposed facility, to include:
[1]
A "zone-of-visibility" map, which shall show
all locations, within a radius of seven miles, from which the WTF
may be clearly seen with the naked eye.
[2]
Photographic representations of "before" and
"after" views from key viewpoints both inside and outside the Town,
including but not limited to Town, county, and state highways, state
and local parks, other public lands, historic districts, preserves
and historic sites normally open to the public, and any location where
the site is visible to a large number of visitors, travelers, or residents.
The Town Board, acting in consultation with its consultants and the
public, may provide guidance concerning the appropriate key sites.
[3]
Elevation drawings or other accurate renderings
showing the proposed WTF (including all base equipment, structures,
and fences) in side view, both with and without any proposed screening
and camouflage.
(r)
For any proposed WTF which involves the construction
of a tower, or which will add to the height of an existing structure
in such a way that the WTF or any element thereof will protrude above
the surrounding topography or vegetation, written confirmation from
the FAA that no obstruction lighting, strobe lights, or high-visibility
markings will be required under FAA regulations.
(s)
A written, signed statement from the owner of
the property that, should the Town Board determine that removal of
the WTF is necessary, and should the WTF owner or special permit holder
fail to carry out such removal as required by this chapter, then the
Town or its agent is authorized and permitted to enter the subject
property for the purposes of removal of the WTF and restoration of
the WTF site.
(2)
Bond. In the case of a special permit for a wireless
telecommunication facility (WTF), the applicant and/or the owner of
record of the facility shall, at its cost and expense, be jointly
required to execute and file with the Town a bond or other form of
security acceptable to the Town Board as to type of security and the
form and manner of execution, with such sureties as are deemed sufficient
by the Town Board to assure the faithful performance of the terms
and conditions of this chapter and conditions of any special permit
issued pursuant to this chapter, including, but not limited to, maintenance
and removal of the WTF. The amount of the security shall be that recommended
by the Town Engineer or other consultant retained to review the WTF
application. The full amount of the bond or security shall remain
in effect throughout the term of the special permit and until the
removal of the WTF and any necessary site restoration is completed.
The amount may be adjusted from time to time in the event of circumstances
such as increased costs, upon 20 days' prior notice to the applicant,
who may appear at a Town Board meeting to offer any statements and
evidence on the proposed increase. Failure to maintain the performance
security in full force and effect shall be a violation of the provisions
of the special permit, and shall entitle the Zoning Enforcement Officer
to revoke the operational permit for the WTF.
D.
Removal of wireless telecommunication facilities (WTFs)
due to cessation of activity.
(1)
A WTF, once constructed, shall be continuously used
as a wireless telecommunication facility. If a WTF has ceased operation
for a period exceeding a total of 180 days in any period of 365 days,
then the Town Board may determine that such inactivity warrants removal
of the WTF. (If such period of disuse of a WTF is caused by force
majeure or acts of God, repair or removal by the special permit holder
shall commence within 90 days.)
(2)
If the Town Board makes such a determination of inactivity
and cause for removal, then the holder of the special permit for the
WTF, the owner of the WTF, and the property owner shall be notified
of the Town Board's determination, and shall be notified of a date
for a hearing. At such hearing, held no less than 14 calendar days
after giving notice, the Town Board shall consider evidence submitted
as to the existence and duration of the period(s) of inactivity in
question.
(3)
If the Town Board makes a final determination that
he WTF is to be removed, then the holder of the special permit, or
its successor or assign, shall dismantle and remove such WTF and all
associated structures and facilities from the site, and restore the
site to as close to its original condition as is possible, within
90 days of receipt of written notice from the Town Board.
(4)
If the WTF is not removed within 90 days, then the
Town Board may take steps to declare the WTF abandoned, and may order
officials or representatives of the Town to effect removal of the
WTF and site restoration at the sole expense of the owner of the WTF
or special permit holder. If the WTF owner or special permit holder
fails to pay the costs associated with such removal and restoration,
then the permit holder's performance security may be used to meet
the Town's expenses.
(5)
If the Town removes, or causes to be removed, a WTF,
and the owner of the WTF does not claim and remove it from the site
to a lawful location within 10 days, then the Town may sell or dispose
of the WTF and its components using the proceeds of the permit holder's
performance security to the extent necessary. To the extent that performance
security proceeds are insufficient or unavailable and the Town incurs
costs, such costs shall be the responsibility of the WTF owner and
the property owner, and until paid shall constitute a lien on the
parcel, which lien, if left unpaid for one year, may be levied as
a delinquent tax.
[Added 6-13-2017 by L.L.
No. 2-2017]
A.
Statement of purpose, applicability and definitions.
(1)
Purposes of this section. This zoning for solar energy section is
adopted to advance and protect the public health, safety, and welfare
of the Town of Gardiner, including:
(a)
Taking advantage of a safe, abundant, renewable, and nonpolluting
energy resource for residents of the Town of Gardiner;
(b)
Decreasing the cost of energy to the owners of commercial and
residential properties within the Town of Gardiner;
(c)
Increasing employment and business development in the region
by furthering the installation of solar energy systems;
(d)
Promoting energy efficiency and the use of renewable resources
in new construction and renovations; and
(e)
Encouraging the development of local power generation capacity
in a manner consistent with the Gardiner Open Space Plan, the Gardiner
Master Plan and the Town's rural character and quality of life.
(2)
Applicability.
(a)
The requirements of this section shall apply to all solar energy
systems and equipment installations modified or installed after the
effective date of this section.
(b)
Solar energy system installations for which a valid building
permit has been issued and for which installation has commenced before
the effective date of this section shall not be required to meet the
requirements of this section.
(c)
All solar energy systems shall be designed, erected and installed
in accordance with all applicable codes, regulations and industry
standards as referenced in applicable residential, building, electrical
and fire codes, and the Town Code.
(d)
Solar collectors, unless part of a large-scale solar energy
system or solar energy system designed for a subdivision use, shall
be permitted only to provide power for use by owners, lessees, tenants,
residents, or other occupants of the premises on which they are erected,
but nothing contained in this provision shall be construed to prohibit
collective solar installations or the sale of excess power through
a net billing or net metering arrangement in accordance with New York
Public Service Law § 66 or similar state or federal statute.
(3)
APPLICANT
AREA OF USE
BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEMS
BUILDING-MOUNTED SOLAR SYSTEM
COLLECTIVE SOLAR
COMMUNITY NET METERING
FLUSH-MOUNTED SOLAR PANEL
GROUND-MOUNTED, FREESTANDING, OR POLE MOUNTED SOLAR ENERGY SYSTEM
KILOWATT (KW)
MEGAWATT (MW)
NET-METERING
OFFSITE USE
ONSITE USE
OWNER
PHOTOVOLTAIC (PV) SYSTEMS
QUALIFIED SOLAR INSTALLER
REMOTE NET METERING
ROOFTOP OR BUILDING-MOUNTED SOLAR SYSTEM
SOLAR ACCESS
SOLAR COLLECTOR
SOLAR EASEMENT
SOLAR ELECTRIC GENERATING EQUIPMENT
SOLAR ENERGY SYSTEM
(a)
(b)
(c)
SOLAR INVERTER
SOLAR PANEL
SOLAR STORAGE BATTERY
SOLAR-THERMAL SYSTEMS
TILT
TRUE SOLAR NOON
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any person, firm, partnership, association, corporation,
company or organization of any kind who or which requests an approval
or permit to construct a solar energy system.
The area within the parcel measured from the outer edge(s)
of the arrays, inverters, batteries, storage cells and all other mechanical
equipment used to create solar energy, exclusive of fencing and access
roadways.
A combination of photovoltaic building components integrated
into any building envelope system, such as vertical facades including
glass and other facade material, semitransparent skylight systems,
roofing materials, and shading over windows.
See "rooftop or building-mounted solar system."
Solar installations owned collectively through subdivision
homeowner associations, college student groups, "adopt-a-solar-panel"
programs, or other similar arrangements.
As provided for by the New York State Public Service Commission.
Photovoltaic panels and tiles or other solar collectors that
are installed flush to the surface of a building roof and which cannot
be angled or raised.
A solar energy system that is anchored to the ground and
attached to a frame, pole or other mounting system, detached from
any other structure for the purpose of producing electricity for onsite
or off site consumption.
Equal to 1,000 watts; a measure of the use of electrical
power.
Equal to 1,000 Kilowatts; a measure of the use of electrical
power.
A billing arrangement that allows solar customers to get
credit for excess electricity that they generate and deliver back
to the grid so that they only pay for their net electricity usage.
A solar energy system designed to be used primarily for export
of solar energy to be used primarily by parcels other than the parcel
it is located on.
A solar energy system designed to be used primarily by the
building and/or parcel on which it is located.
Any person, firm, partnership, association, corporation,
company or organization of any kind who or which:
A solar energy system that produces electricity by the use
of semiconductor devices, called photovoltaic cells, that generate
electricity whenever light strikes them.
A person who has skills and knowledge related to the construction
and operation of solar electrical equipment and installations and
has received safety training on the hazards involved. Persons who
are on the list of eligible photovoltaic installers maintained by
the New York State Energy Research and Development Authority (NYSERDA),
or who are certified as a solar installer by the North American Board
of Certified Energy Practitioners (NABCEP), shall be deemed to be
qualified solar installers for the purposes of this definition. Persons
who are not on NYSERDA's list of eligible installers or NABCEP's list
of certified installers may be deemed to be qualified solar installers
if the Town determines such persons have had adequate training to
determine the degree and extent of the hazard and the personal protective
equipment and job planning necessary to perform the installation safely.
Such training shall include the proper use of special precautionary
techniques and personal protective equipment, as well as the skills
and techniques necessary to distinguish exposed energized parts from
other parts of electrical equipment and to determine the nominal voltage
of exposed live parts.
As provided for by the New York State Public Service Commission.
A solar panel system located on the roof of any legally permitted
and/or constructed building or structure for the purpose of producing
electricity for onsite or offsite use.
Space open to the sun and clear of overhangs or shade, including
the orientation of streets and lots to the sun so as to permit the
use of active and/or passive solar energy systems on individual properties.
A solar photovoltaic cell, panel, or array, or solar hot
air or water collector device, which relies upon solar radiation as
an energy source for the generation of electricity or transfer of
stored heat.
An easement recorded pursuant to New York Real Property Law
§ 335-b.
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
An electrical generating system composed of a combination
of both solar panels and solar energy equipment.
SOLAR ENERGY SYSTEM, LARGE-SCALEA solar energy system that is ground-mounted and produces energy primarily for the purpose of offsite use, sale, or consumption.
SOLAR ENERGY SYSTEM, SMALL-SCALESolar photovoltaic systems which generate power exclusively for onsite use and consumption by the owners, lessees, tenants, residents, or other occupants of the premises of the building or lot to which they are attached and do not provide energy for any other lots, except as may be allowable under New York State or federal regulation.
SOLAR ENERGY SYSTEM, SUBDIVISION USEA collective solar energy system occupying less than or equal to two acres area of use consisting of ground-mounted solar arrays or roof panels, and associated control or conversion electronics and that will be used to produce utility power to provide energy only for the onsite use and consumption of the specific lots associated with a particular major or minor subdivision.
Converts the variable direct current (DC) output of a photovoltaic
(PV) solar panel into a utility frequency alternating current (AC)
that can be fed into a commercial electrical grid or used by a local,
off-grid electrical network.
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
A device that stores energy from the sun and makes it available
in an electrical form.
Solar thermal systems directly heat water or other liquid
using sunlight. The heated liquid is used for such purposes as space
heating and cooling, domestic hot water, and heating pool water.
The angle of the solar panels and/or solar collector relative
to their latitude.
When the sun is at its highest during its daily east-west
path across the sky.
B.
Solar as an accessory use or structure; permit required.
(1)
No solar energy system or device shall be installed or operated in
the Town except in compliance with this section. All solar energy
systems shall be performed by a qualified solar installer.
(2)
Any connection to the public utility grid must be inspected by the
appropriate public utility.
(3)
All required diagrams and plans must include the following:
(a)
Project address, section, block and lot number of the property;
(b)
Owner's name, address and phone number;
(c)
Name, address and phone number of the person preparing the plans;
(d)
Name, address and phone number of any other entity with an interest
in the property, including but not limited to any leaseholder and/or
holder of any option to purchase; and
(e)
System capacity in kW-DC.
(4)
Solar energy systems and equipment shall be permitted only if they
are determined by the Town not to present any unreasonable safety
risks, including, but not limited to, the following:
(5)
The Building Inspector shall have authority to determine compliance
with the requirements set forth in this section. Consideration shall
be made regarding glare or other adverse effects on neighboring properties
when determining compliance with this section.
C.
Rooftop and building-mounted solar collectors.
(1)
Rooftop and building-mounted solar collectors are permitted in all
zoning districts in the Town subject to the following conditions:
(a)
Building permits shall be required for installation of all rooftop
and building-mounted solar collectors.
(b)
Rooftop and building-mounted solar collectors shall not exceed
the maximum allowed height by more than four feet of the principal
use in any zoning district.
(c)
There shall be adequate ventilation opportunities afforded by
panel setback from other rooftop equipment (for example; shading or
structural constraints may leave significant areas open for ventilation
near HVAC equipment);
(d)
In order to ensure firefighter and other first responder safety,
in accordance with applicable residential, building, electrical and
fire codes, there shall be a minimum perimeter area around the edge
of the roof and structurally supported pathways to provide space on
the roof for walking around all rooftop and building-mounted solar
collectors. Additionally, installations shall provide for adequate
access and spacing in order to:
(e)
Exceptions to these requirements may be requested where access,
pathway or ventilation requirements are reduced due to:
[1]
Alternative access opportunities (such as from adjoining roofs);
[2]
Ground-level access to the roof area in question;
[3]
Adequate ventilation opportunities afforded by panel set back
from other rooftop equipment;
[4]
New technology, methods, or other innovations that ensure adequate
emergency responder access, pathways and ventilation opportunities.
(f)
Rooftop and building-mounted solar collectors must be properly
engineered to support solar collectors. The applicant must provide
a signed and sealed certification from a New-York-State-licensed professional
engineer containing the following information:
[1]
The roof structure is strong enough to support the additional
weight of the solar units as per applicable residential, building,
electrical and fire codes.
[2]
All solar collectors are in compliance with applicable residential,
building, electrical and fire codes.
[3]
The solar energy system is constructed and installed in compliance
with applicable residential, building, electrical and fire codes.
(2)
In the event any of the standards in this § 220-47C(1) are more stringent than applicable residential, building, electrical and/or fire codes, the standards in this subsection shall be deemed to be guidelines only and the standards of the residential, building, electrical and/or fire codes shall apply.
D.
Building-integrated photovoltaic (BIPV) systems. BIPV systems are
permitted in all zoning districts and shall be shown on the plans
submitted for the building permit application for the building containing
the system.
E.
Freestanding and ground-mounted solar collectors.
(1)
Building permits are required for the installation of all ground-mounted
and freestanding solar collectors.
(2)
Freestanding or ground-mounted solar collectors designed for onsite
use are permitted as accessory structures in all zoning districts
of the Town of Gardiner, subject to the following conditions:
(a)
The solar collector meets all applicable setback requirements
for accessory buildings in the zoning district in which it is located.
(b)
The solar collector must be installed in a side or rear yard.
(c)
No unit shall exceed 14 feet in height from the ground unless
an area variance is obtained from the Zoning Board of Appeals.
(d)
Freestanding and ground mounted solar energy collectors shall
be screened as possible and practicable through the use of architectural
features, earth berms, landscaping, or other screening which will
harmonize with the character of the property and surrounding area.
(e)
The total surface area of all ground-mounted and freestanding solar collections on a lot shall not exceed the area of the ground covered by the building structure of the largest building on the lot. Notwithstanding the foregoing, nonresidential placements exceeding this size may be approved by the Planning Board, subject to site plan review and approval pursuant to Article IX of this chapter.
G.
Solar energy system designed for subdivision use.
(1)
When an application for either a minor or major subdivision is presented
to the Planning Board, which plans include incorporation of a solar
energy system as a community energy source, the following criteria
for the review and use shall be considered:
(a)
Solar energy collectors shall be permitted only to provide power
for use by owners, lessees, tenants, residents, or other occupants
of the subdivision on which they are erected, but nothing contained
in this provision shall be construed to prohibit collective solar
installations or the sale of excess power through a net billing or
net-metering arrangement in accordance with New York Public Service
Law § 66-j or similar state or federal statute.
(b)
The solar energy system shall be located on one or more lots
of the subdivision.
(c)
All solar energy systems shall be designed, erected and installed
in accordance with all applicable codes, regulations and standards.
(d)
A homeowner's association shall be established for the operation
and maintenance of the solar energy system.
(2)
Permitted locations.
(a)
Solar energy systems designed for subdivision use shall be permitted in all zoning districts with site plan review and approval from the Planning Board pursuant to Article IX of this chapter issued in conjunction with minor or major subdivision review, so long as the solar energy system meets the criteria set forth in this subsection and any other applicable provisions of this Zoning Law, and all other necessary approvals are obtained.
(b)
Solar energy systems designed for subdivision use shall not
be permitted in a one-hundred-year flood hazard zones considered a
V or AE Zone on the FEMA Flood Maps or within 100 feet of a New York
State or federally designated wetland.
(3)
Specific site plan requirements. A solar energy system designed for a subdivision use shall comply with all the site plan requirements of Article IX of this chapter. Additional requirements for the use shall include but not be limited to the following:
(a)
Maximum area. The maximum area of use for a solar energy system
designed for a specific subdivision use shall occupy < two acres of land area of use.
(b)
Height. The maximum height for freestanding solar panels located
on the ground or attached to a framework located on the ground shall
not exceed 14 feet in height above the ground.
(c)
Setbacks. The minimum setback for a solar energy system designed
for a specific subdivision use and equipment used in conjunction with
the solar energy system shall be at least 35 feet from all lot lines
of parcels associated with the subdivision and 50 feet from all perimeter
lot lines of contiguous parcels not a part of the subdivision.
(d)
A minimum twenty-five-foot perimeter buffer, which may be partially
or totally within the subdivision perimeter lot line setback, consisting
of natural and undisturbed vegetation, supplemented with evergreen
plantings in accordance with Town standards, as needed, shall be provided
around all mechanical equipment and solar panel arrays to provide
screening from adjacent properties and Town, county and state roads.
(e)
The solar energy system shall be preferably located on an interior
lot of the subdivision and placed away from contiguous residential
use. Where a solar energy system designed for a specific subdivision
use will abut other residential uses outside of the boundaries of
the subdivision, there shall be increased consideration for mitigating
visual impact to the residential use. For example, increased setbacks,
visual screening that does not impair solar access, or sound buffering
may be required by the Planning Board. Planting of invasive species
shall be prohibited to mitigate visual and audio impact.
(f)
Existing on-site vegetation designated to be utilized as screening
shall be preserved to the maximum extent possible and shall be diligently
maintained to protect its vitality. Site plans shall be developed
that provide for the preservation of natural vegetation in large unbroken
blocks that also allow contiguous open spaces to be established when
adjacent parcels are developed.
(g)
A land grading and vegetation clearing plan shall be prepared.
Clear-cutting of all trees in a single contiguous area shall be limited
to the area of the equipment compound plus the area of an emergency
access roadway and the area required for solar access.
(h)
Landscape screening shall be provided in accordance with the
landscaping provisions of this chapter. Noninvasive ground cover under
and between the rows of solar panels shall be low-maintenance, drought-resistant,
and non-fertilizer-dependent.
(i)
Debris, materials and/or mulch generated by site clearing or
construction shall not be stockpiled onsite.
(j)
A stormwater, erosion, and slope analysis of the land shall
be required to be assessed by a New-York-State-licensed professional
engineer for the site and any road used to access the site. The total
area of the face of all solar panels shall be calculated and considered
impervious surface. The applicant shall comply with the State Pollutant
Discharge Elimination System guidelines. A SWPPP (stormwater pollution
prevention plan) shall be prepared, if determined to be required,
and all local stormwater regulations shall be complied with.
(k)
Conveyance of energy to subdivision lots. The site plan shall
show the pathways of utility service lines which will be put into
place to convey energy to each lot of the subdivision. Necessary utilities
to serve the site shall preferably be underground and in compliance
with all local, state, and federal laws, rules, and regulations, including
specifically, but not limited to, the National Electrical Safety Code
and the National Electrical Code where appropriate.
(l)
Overhead lines shall follow access roads and/or existing tree
lines to minimize visual impact upon surrounding properties.
(m)
All solar energy systems shall be designed and located in order
to prevent reflective glare to the maximum extent practicable.
(n)
Signs. A sign no greater than two square feet indicating the
name of the facility owner(s) and a twenty-four-hour emergency telephone
number shall be posted. In addition, "No Trespassing" or other warning
signs may be posted. All signage shall be maintained in legible condition
and contain accurate information. A clearly visible warning sign concerning
voltage shall be placed at the base of all pad-mounted transformers
and substations. No signage of any kind shall be allowed to be attached
to solar panels or support structures, except any required safety
warnings.
(o)
A solar energy system connected to the utility grid shall provide
written proof from the local utility company acknowledging the solar
energy facility will be interconnected to the utility grid.
(p)
A plan for the operation and maintenance of the solar energy
facility shall be prepared including proposed covenants and restrictions
and a management plan for the proposed homeowner's association (HOA).
(q)
A decommissioning plan, as detailed in § 220-J(5)(c)
shall be prepared.
H.
Safety standards applicable to all solar energy systems.
(1)
All solar collector installations must be performed by a qualified
solar installer.
(2)
All solar energy systems shall be maintained in good working order.
(3)
All solar energy systems shall be designed and located in order to
prevent reflective glare from impacting roadways and contiguous properties
to the maximum extent practicable.
(4)
If solar storage batteries are included as part of the solar collector
system, they must be placed in a secure container or enclosure meeting
the requirements of applicable residential, building, fire and electric
codes when in use, and when no longer used shall be disposed of in
accordance with the laws and regulations of the Town of Gardiner and
other applicable laws and regulations.
(5)
Prior to operation, electrical connections must be inspected by a
Town Code Enforcement Officer and by an appropriate electrical inspection
person or agency, as determined by the Town.
(6)
Any connection to the public utility grid must be inspected by the
appropriate public utility.
(7)
Solar energy systems and equipment shall be marked in order to provide
emergency responders with appropriate warning and guidance with respect
to isolating the solar electric system. Materials used for marking
shall be weather-resistant.
(a)
For residential applications, the marking may be placed within
the main service disconnect. If the main service disconnect is operable
with the service panel closed, then the marking should be placed on
the outside cover.
(b)
For nonresidential application, the marking shall be placed
adjacent to the main service disconnect in a location clearly visible
from the location where the lever is operated.
(c)
In the event any of the standards in this § 220-47H(7) for markings are more stringent than applicable provisions of applicable residential, building, fire, and electric codes, they shall be deemed to be guidelines only and the standards of the applicable residential, building, fire and electric codes shall apply.
I.
Decommissioning requirements for small-scale solar energy systems
and solar energy systems designed for subdivision use using freestanding
or ground-mounted solar collectors. If a freestanding or ground-mounted
solar collector(s) ceases to perform its originally intended function
for more than 12 consecutive months, the property owner shall remove
the collector, mount and associated equipment by no later than 90
days after the end of the twelve-month period. In the event that the
property owner fails to remove the aforesaid nonfunctioning system
within the time prescribed herein, the Town may enter upon the land
where such system has been installed and remove same. All expenses
incurred by the Town in connection with the removal of the nonfunctioning
system shall be assessed against the land on which such freestanding
or ground-mounted solar collector(s) is located and shall be levied
and collected in the same manner as provided in Article 15 of the
New York Town Law for the levy and collection of a special ad valorem
levy.
J.
Large-scale solar energy systems.
(1)
Approval standards for large-scale solar systems as a special use.
(a)
Large-scale solar energy systems are permitted in all zoning districts except the Shawngunk Ridge Protection District (SP-1, SP-2, and SP-3) upon issuance of a special use permit by the Town Board and site plan approval by the Planning Board. Said review shall be made in accordance with Article IX of this chapter and the additional requirements and specific standards set forth in Subsection J(1)(b).
(b)
Specific standards. The Town Board in reviewing a special use
permit application for a large-scale solar energy system and the Planning
Board in conducting the site plan review shall observe the following
requirements and performance standards as part of its review:
[1]
The maximum lot size for a large-scale solar energy system is
20 acres. No large-scale solar energy system shall be permitted on
a lot of more than 20 acres.
[2]
The maximum allowable lot coverages shall not exceed 50%.
[3]
A two-hundred-fifty-foot setback from Town roads and existing
structures, other than structures located on the same property as
the large-scale solar energy system, shall be required. A one-hundred-fifty-foot
setback from all property lines shall also be required.
[4]
The Town Board shall have the discretion to deny an application
for special use permit for a large-scale solar energy system that
is proposed on land within 2,000 feet of an existing or approved large-scale
solar energy system.
[5]
The average height of the solar panel arrays shall not exceed
a height of 14 feet from the ground.
[6]
All on-site utility and transmissions lines shall, to the extent
feasible, be placed underground.
[7]
Roadways within the site shall not be constructed of impervious
materials and shall be designed to minimize the extent of the roadways
constructed and soil compaction.
(2)
Additional requirements.
(a)
Wildlife management plan. The applicant shall provide a site-specific
wildlife management plan as part of its application for special use
permit for a large-scale solar energy system. The following is a suggested
format for organizing a management plan into a three-ring binder.
At a minimum, the plan should contain the six sections below. These
sections can be marked in the binder with colored index tabs for easy
access:
[1]
General description of the entire property: Includes a brief
description of the entire property such as location in the county,
number of acres, past and current land uses, general forest and vegetation
conditions, and number of compartments.
[2]
Land use and management objectives: Includes a priority listing
of wildlife and other land use and management objectives. This section
should also include a brief index of each compartment's management
objectives.
[3]
Sketch map: Provides a visual description (sketch) of the property.
May include several maps such as: 1) a base map that shows boundaries,
roads, and other man-made features; 2) a type map that differentiates
cover types (timber stands, agricultural fields, and open fields);
3) a soils map that shows the location of different soil types; and
4) a compartment map that indicates where habitat improvement practices
have or will take place.
[4]
Compartment record sheets: Contains descriptive information
and wildlife habitat improvement recommendations for each compartment.
Also includes a schedule of recommended management activities for
the compartment for a ten-year period.
[5]
Field notes section: Provides a commentary of impacts of management
activities and wildlife observations taken directly from log books
and archived in the three-ringed binder. The most appropriate method
for storing field notes is by compartment.
[6]
Resource materials Section: Contains copies of aerial photographs,
topographic and soil maps used to draw the base map. This section
should also include reference materials such as bulletins, leaflets,
and articles on wildlife habitat management. The names, addresses,
and telephone numbers of resource professionals who helped prepare
the management plan and who will be conducting management practices
should be included here.
(b)
Fencing and screening. Large-scale solar energy systems shall
be enclosed by perimeter fencing with a minimum height of at least
six feet to restrict unauthorized access. Fencing shall comply with
the minimum setback requirements set forth in Subsection G(2)(c) above.
Additional architectural features, earth berms, landscaping or other
screening may also be required. All fencing and any additional architectural
features, earth berms, landscaping or other screening that is required
shall be in harmony with the neighborhood character and consistent
with the findings and requirements of the site-specific wildlife management
plan included as part of the application for special use permit for
a large-scale solar energy system.
(3)
Contract in lieu of taxes. In the event an owner or developer of
a large-scale solar energy system provides written notification pursuant
to New York Real Property Tax Law § 487(9)(a) to any taxing
jurisdiction of its intent to construct a large-scale solar energy
system in the Town, the owner or developer shall also simultaneously
provide a copy of such notification to the Town Clerk, Town Board
and Town Planning Board. It is the intent of the Town of Gardiner
to require a contract in lieu of taxes for all large-scale solar energy
systems.
(4)
Construction and maintenance. Prior to the issuance of a building
permit for a large-scale solar energy system and any associated accessory
structures, the owner and/or operator shall post a surety in an amount
and form acceptable to the Town for the purposes of construction and
maintenance. The amount shall be up to 20% of the construction value.
Acceptable forms shall include, in order of preference: cash; irrevocable
letter of credit; or a bond that cannot expire; or a combination thereof.
Such surety will be used to guarantee compliance with the conditions
of the approval for the large-scale solar energy system. If the owner
of the site fails to comply with any conditions of the approval during
construction or as part of the long-term maintenance of the site,
all costs of the Town incurred to ensure compliance with conditions
of the approval shall be paid using the surety provided by the owner
and/or operator. Failure to comply with the conditions of the approval
or to maintain an acceptable level of surety will result in revocation
of the certificate of occupancy.
(5)
Decommissioning.
(a)
Prior to removal of a large-scale solar energy system, a demolition
permit for removal activities shall be obtained from the Town of Gardiner.
(b)
Decommissioning bond.
[1]
Prior to issuance of a building permit for a large-scale solar
energy system, the owner or operator of the solar energy system shall
post a surety in an amount and form acceptable to the Town for the
purposes of removal in the event the large-scale solar energy system
is abandoned during construction. The amount of the surety required
under this section shall be up to 20% of the total construction cost.
Acceptable forms shall include, in order of preference: cash; irrevocabable
letter of credit; or a bond that cannot expire; or a combination thereof.
Such surety will be used to guarantee removal of the large-scale solar
energy system should the system be abandoned during construction.
In such case, the Town Building Inspector shall then provide written
notice to the owner or operator to remove the large-scale solar energy
system, and the owner or operator shall have one year from written
notice to remove the solar energy system including any associated
accessory structures and/or equipment, and restore the site to a condition
approved by the Planning Board. If the owner, operator, applicant
or lessee fails to remove any associated structures or restore the
site to the condition approved by the Board, all costs of the Town
incurred to enforce or comply with this condition shall be paid using
the surety provided by the applicant.
[2]
As a condition of the certificate of occupancy, the owner or
operator of the large-scale solar energy system shall post a performance
bond or other suitable guarantee in a face amount of not less than
150% of the estimated decommissioning cost to ensure removal of the
facility in accordance with the decommissioning plan as described
below. Such surety will be used to guarantee removal of the large-scale
solar energy system should the system be abandoned after construction
is complete. The form and amount of the guarantee must be reviewed
and approved by the Town Attorney and Town Engineer, and the guarantee
must remain in effect until the system is removed.
(c)
Decommissioning plan. An application for a large-scale solar
energy system shall include a decommissioning plan. Removal of a large-scale
solar energy system must be completed in accordance with the decommissioning
plan. The decommissioning plan shall:
[1]
Specify that after the large-scale solar energy system will
no longer be used, it shall be removed by the owner or any subsequent
owner and shall include a signed statement from the applicant acknowledging
such responsibility.
[2]
Demonstrate how the removal of all infrastructures (including
but not limited to aboveground and below-ground equipment, structures
and foundations) and the remediation of soil and vegetation shall
be conducted to return the parcel to its original state prior to construction.
Revegetation shall include native plants and seed mixes and exclude
any invasive species.
[3]
Include photographs or archival color images of the property
proposed for the large-scale solar energy system. Such images must,
in aggregate, adequately portray the entire property for the purpose
of future reference when soil and vegetation remediation of the property
occurs.
[4]
State that disposal of all solid and hazardous waste shall be
in accordance with local, state and federal waste disposal regulations.
[5]
Provide an expected timeline for decommissioning within the one-hundred-day period set forth below in Subsection J(6)(b).
[6]
Provide a cost estimate detailing the projected cost of executing
the decommissioning plan.
(6)
Abandonment and removal.
(a)
A large-scale solar energy system is considered abandoned after
one year of not performing all normal functions associated with electrical
energy generation on a continuous basis.
(b)
Upon cessation of activity of a fully constructed large-scale
solar energy system for a period of one year, the Town may notify
the owner and/or operator of the facility to implement the decommissioning
plan. Within 180 days of notice being served, the owner and/or operator
can either restore operation equal to 80% of approved capacity, or
implement the decommissioning plan.
(c)
In the event that construction of the large-scale solar energy
system has been started but is not completed and functioning within
18 months of the issuance of the final site plan, the Town may notify
the operator and/or the owner to complete construction and installation
of the facility within 180 days. If the owner and/or operator fail
to perform, the Town may require the owner and/or operator to implement
the decommissioning plan. The decommissioning plan must be completed
within 180 days of notification by the Town to implement the decommissioning
plan.
(d)
Applications for extensions of the time periods set forth in
this subsection of no greater than 180 days shall be reviewed by the
Town Board.
(e)
Upon recommendation of the Building Inspector, the Town Board
may waive or defer the requirement that a large-scale solar energy
system be removed if it determines that retention of such facility
is in the best interest of the Town.
(f)
If the owner and/or operator fails to fully implement the decommissioning
plan within the prescribed time period and restore the site as required,
the Town may use the financial surety posted by the owner and/or operator
to decommission the site, or it may proceed with decommissioning at
its own expense and recover all expenses incurred for such activities
from the defaulted owner and/or operator. Any costs incurred by the
Town shall be assessed against the property, shall become a lien and
tax upon said property, shall be added to and become a part of the
taxes to be levied and assessed thereon, and enforced and collected
with interest by the same officer and in the same manner as other
taxes.
K.
Escrow deposits for review and inspection costs. An applicant may be required to deposit an initial sum of money into an escrow account in advance of the review of an application for a permit or approval to construct a solar energy system. The sums deposited in said escrow account shall be used and administered in accordance with § 220-58A through I of this chapter.
L.
Enforcement. Any violation of this solar energy section shall be
subject to the same civil and criminal penalties provided for in the
zoning regulations of Town of Gardiner, including but not limited
to the issuance of appearance tickets and imposition of civil penalties
by the Town Code Enforcement Officer.
The Town of Gardiner finds that adult uses, as defined in Article XII, may have negative impacts upon the neighborhood and surrounding area where they are located. Such impacts include physical deterioration, disinvestment, and increased crime. Adult uses shall be allowed by special permit in the CLI District only. In addition to all applicable special permit and site plan criteria in Article IX, such uses shall satisfy the following additional standards:
A.
No adult use shall be located within 1,000 feet of
any single-family, two-family, or multifamily residence, or of any
school, day-care center, library, religious institution, park or other
public recreation area, or recreational business.
B.
No adult use shall be located within 1,000 feet of
any other adult use.
C.
No more than one freestanding sign, not exceeding 12 square feet, shall be permitted for an adult use in a location visible from a public street. Such sign shall be limited to the name and address of the business. One wall-mounted sign, not exceeding 12 square feet, shall be permitted on the building, provided that it complies with Subsection D.
D.
Adult uses shall be set back at least 200 feet from
all public rights-of-way and shall be screened from view by a buffer
at least 50 feet wide consisting of trees and shrubs.
A.
Maintenance of livestock on residential properties.
Animals kept on residential properties, not as part of a farm operation
as defined in this chapter, shall be limited as follows:
(1)
The amount land required for keeping large animals
shall be one acre, allocated to the residence, plus one acre per "large
livestock unit" (LLU). One cow, horse, bison, pig, or similar large
animal shall be considered one LLU. The following shall be considered
as fractional LLUs:
(2)
The maintenance of small animals, such as raccoons,
mink, rabbits, birds, snakes, geese, ducks, chickens, monkeys, dogs,
cats, etc., shall not exceed 10 on a lot of less than two acres. Pens
for such animals shall not exceed 5,000 square feet or 10% of the
lot area, whichever is greater. These requirements may be modified
by the Planning Board by special permit as provided below.
(3)
The Planning Board may issue a special permit for
maintenance of animals in greater numbers or larger pens than the
maximum set forth above, provided that the applicant meets all conditions
and satisfies applicable special permit criteria, that the Planning
Board finds that adequate open space and facilities for the proper
care of such animals are available and will be established, and that
maintenance of such animals will not interfere with the reasonable
use and enjoyment of the property of others.
(4)
Buildings, pens, or other structures housing animals
shall be located 20 feet from any lot line and 35 feet from any road
or highway. No manure may be stored within 250 feet of any property
boundary line or watercourse.
(5)
In maintaining animals on a property, no person shall
knowingly interfere with the reasonable use and enjoyment of the property
of others.
A.
Limitations on solid waste management facilities.
Solid waste management facilities, as defined in Environmental Conservation
Law § 27-0701 and 6 NYCRR 3601.2(b)(158), with the sole
exception of municipally owned and operated facilities, shall be prohibited
in the Town of Gardiner.
B.
Standards and enforcement. All industrial uses and
municipal solid waste management facilities shall satisfy the following
requirements. Nonconforming solid waste management facilities shall
comply with these standards to the extent practicable.
(1)
All operations, including loading and unloading, shall
occur within fully enclosed buildings with an impervious floor system.
Any leachate shall be collected in an impervious collection system
and hauled off-site for disposal as required by applicable laws. There
shall be no outdoor storage of hazardous materials or of materials
regulated under 6 NYCRR Part 360 in a manner that could allow them
to become airborne, leach into the ground, or flow into any watercourse.
(2)
No materials shall be disposed of into the ground,
air, or into any watercourse, except pursuant to applicable permits
and approvals issued by state and county health and environmental
agencies.
(3)
Procedures shall be in place to inspect all materials
upon arrival at the facility to ensure that they are appropriate to
the permitted operation and to ensure that deliveries of materials
that cannot be safely handled and processed at the facility are not
accepted.
(5)
The applicant may be required to furnish an irrevocable letter of credit, certified check, bond, or other form of security guaranteeing to the Town of Gardiner compliance with the standards in this Subsection B as well as any other standards, requirements, or conditions of any permit issued by federal, state, county, or local government agencies. The amount of such performance guarantee shall be based upon the potential cost of remediation in case of a violation.
B.
Outdoor storage of personal property.
(1)
Boats, trailers, and seasonal or other recreational vehicles may be stored, maintained, or parked only in side or rear yards except where environmentally suitable and economically practical access to such yards is not feasible. Construction equipment and other heavy equipment may not be stored, maintained, or parked in any location visible from adjoining properties or public roads, except for purposes of loading and unloading. The restrictions of this Subsection B shall not apply in the CLI District, except that storage on properties in the CLI District shall be screened from abutting residential properties.
(2)
Unless authorized by a special permit or site plan
approved in connection with a business use, no commercial vehicle
exceeding 12,000 pounds gross vehicle weight or 20 feet in box length
shall be parked overnight in a residential district where it is visible
from adjoining properties or public roads. The Planning Board may
allow larger vehicles by special permit. This provision shall not
apply to trucks used in connection with commercial agriculture, provided
that parked trucks are set back at least 100 feet from property lines
of adjacent landowners who are not related by family or business affiliation
to the owner or operator of the farm operation.
In addition to generally applicable special
permit and site plan review requirements, the applicant shall comply
with the following:
A.
Supervision. Every residential care facility shall
provide qualified supervisory personnel on the premises 24 hours a
day, seven days a week. Such personnel shall meet all standards of
any agency responsible for the licensing or regulation of the residential
care facility.
B.
Other required approvals. An applicant for a residential
care facility shall demonstrate compliance with all applicable regulations,
standards, and licensing requirements of public or private agencies.
C.
Required information for application. An application for a special permit for a residential care facility shall satisfy the submission requirements of Article IX and shall also include the following:
(1)
A list of all agencies which must license or otherwise
approve the establishment of operation of the facility.
(2)
A list of regulations established by the public or private agencies listed in Subsection C(1) above.
(3)
Copies of applications submitted to the agencies.
(4)
A written statement explaining the status of such
applications stating any facts known to the applicant which might
result in the denial or delay of any required approval.
(5)
A written statement addressing the requirements of Subsection A above and demonstrating that the facility will comply with applicable regulations of licensing agencies and state law relating to minimum required floor area, bathroom facilities, and open space.
(6)
A map identifying the location of all other residential
care facilities in the Town of Gardiner at the time of the special
permit application.
D.
Findings. In making its determination upon a special permit for a residential care facility, the Planning Board shall, in addition to making the findings required by § 220-63, make the following specific findings:
(1)
That the proposed facility, given its unique nature,
will not have a substantial or undue adverse effect upon adjacent
property, the character of the neighborhood, parking, utility facilities,
and other matters affecting public health, safety, and general welfare.
(2)
That the proposed facility will be provided with or
have ready access to facilities and services necessary and appropriate
to the needs of its residents for active and passive recreation, medical
care, education, cultural and religious activities, and public transportation.
(3)
That the proposed facility will not generate a level
of traffic which would be burdensome to the neighborhood, considering
the number of visitors its residents may expect, truck delivery and
loading requirements, and the availability and nature of public or
private transportation.
(4)
That the proposed facility will not result in an undue
concentration of residential care facilities in the Town of Gardiner
or in the neighborhood of the proposed facility.
(5)
That the decision made by the Planning Board represents
a reasonable accommodation to the needs of persons protected under
the Federal Fair Housing Act, if applicable.
