Town of Schodack, NY
Rensselaer County
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Table of Contents
Table of Contents

§ 219-22 Applicability.

The following supplementary regulations are applicable to all zoning districts within the Town of Schodack unless otherwise provided herein.

§ 219-23 General standards.

No use shall be permitted that does not conform to the following standards of use, occupancy and operation, in addition to all relevant provisions of other local, state and federal laws:
A. 
Noise. No noise shall exceed intensity, as measured from the boundaries of the lot where such use is situated, of the average intensity occurrence and duration of the noise of street traffic at adjoining streets.
B. 
Atmospheric effluence. No unreasonable dust, dirt, smoke, odor or noxious gases shall be disseminated beyond the boundaries of the lot where such use is located.
C. 
Glare and heat. No unreasonable glare or heat shall be produced that is perceptible beyond the boundaries of the lot on which such use is situated.
D. 
Industrial wastes. No solid or liquid wastes shall be discharged into any public sewer, private sewage disposal system, stream or on or into the ground, except in strict accordance with the standards approved by the Rensselaer County Department of Health or other duly empowered agency.
E. 
Radioactivity or electromagnetic disturbance. No activities shall be permitted which emit dangerous radioactivity beyond the building in which such activity is located or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.
F. 
Fire and explosion hazards. All activities involving and all storage of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate fire-fighting and fire suppression equipment and devices standard in the industry. All burning of such waste materials in open fires is prohibited.
G. 
Landscaping. All open portions on any developed lot shall have adequate grading and drainage and shall be continuously maintained in a dust-free condition by suitable landscaping with trees, shrubs, grass or other planted ground cover, or by paving with asphalt, concrete, crushed rock or by other material as shall be approved by the Planning Board. Required yard areas shall be planned and maintained in such a manner as to provide an inoffensive setting which is consistent with the general use of the area.

§ 219-24 Permitted accessory parking.

A. 
There is no limitation on the number of agricultural vehicles permitted accessory to a farm use.
B. 
Not more than one commercial vehicle over 20 feet in length may be parked on a residential lot in a RA, R40, R20 or RMF Residential District.
C. 
Not more than one commercial vehicle in excess of 20 feet in length nor than one camping trailer, camper body and/or boat may be stored outdoors on a lot in a residential district. All such outdoor storage shall occur inconspicuously on that portion of the lot behind the front setback of the dwelling located thereon and shall not be less than five feet from the nearest lot line.
[Amended 10-12-1990 by L.L. No. 4-1990]

§ 219-25 Off-street parking.

A. 
Number of off-street parking spaces required.
(1) 
Required parking spaces [in addition to one space for each employee on largest shift] shall be as follows:
Use
Number of Spaces Required
Residential use
2 per dwelling unit
Hotel or motel
1 per guest room
Church, meeting hall, auditorium or other place of public assembly not otherwise classified
1 per 3 seats or 50 square feet of seating area where fixed seating is not provided
School
1 per 12 classroom seats or the auditorium requirements as specified above, whichever is greater
Home occupation
1 per the first 75 square feet of such use plus 1 for each additional 150 square feet or fraction thereof
Retail store and service shop
1 per 125 square feet of retail area
Office
1 per 150 square feet of office area
Eating and drinking
1 per 2 seats or 60 square feet of area available to patrons
Funeral home
1 per 30 square feet of public room area
Bowling alley
3 per alley
Industrial establishment
1 per employee on largest shift
Yacht club or marina
1 per slip or mooring space
Shopping center
1 per 300 square feet of gross leaseable area
Motor vehicle service establishment
1 per 300 square feet of floor area
(2) 
For uses not specifically listed, the requirement shall be the same as for the most similar use listed or as otherwise provided in this chapter.
B. 
Design standards.
(1) 
Areas which may be computed as the required off-street parking space may include a garage, carport or other area available for parking, but is not to include a public street.
(2) 
Required accessory parking spaces, open or enclosed, may be provided upon the same lot as the use to which they are accessory, or elsewhere, provided that all spaces therein are located within 500 feet walking distance of such lot. In all cases such parking spaces shall conform to all regulations of the district in which they are located, and in no event, unless specifically reviewed and approved by the Planning Board, shall such parking spaces be located in any residential district unless the uses to which they are accessory are permitted in such residential district. All spaces shall be in the same ownership as the use to which they are accessory. Said owner or lessee shall maintain the required number of spaces available, either throughout the existence of such use or until such spaces are elsewhere provided.
(3) 
Three hundred twenty square feet shall be considered the minimum land area for each parking space, including room for standing areas and aisles for maneuvering.
(4) 
Unobstructed access from and egress to a public street shall be provided. Such access shall consist of at least one twelve-foot lane for parking areas with less than 20 spaces, and at least two ten-foot lanes for parking areas of 20 or more spaces.
(5) 
All open parking areas shall be proprly drained, and all such areas of over 10 spaces shall be provided with a dustless surface.
(6) 
Required parking spaces may be provided in areas designed to jointly serve two or more establishments, whether or not located on the same lot, and the number of required spaces in such joint facilities shall not be less than the total required for all such establishments.
(7) 
When any lot contains two or more uses having differing parking requirements, the parking requirements for each use shall apply to the extent of that use. Where it can be conclusively demonstrated that one or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation, the Planning Board may reduce the total number of parking spaces required for that use with the least requirement.

§ 219-26 Off-street loading.

Off-street loading berths, open or enclosed, are permitted accessory to any use (except one- through four-family residences) subject to the following design standards:
A. 
Each required loading berth shall be at least 12 feet wide, 30 feet long and 14 feet high.
B. 
Unobstructed access at least 12 feet wide to and from a street shall be provided. Such access may be combined with access to a parking lot. All permitted or required loading berths shall be on the same lot as the use to which they are accessory, except as permitted below. No entrance or exit for any off-street parking or loading area shall be located within 50 feet of any street intersection, nor shall any off-street loading berth be located in any front yard.
C. 
Permitted or required loading berths, open or enclosed, may be provided in spaces designed to serve jointly two or more adjacent establishments.

§ 219-27 Fences and walls.

A. 
Fences and walls shall not exceed eight feet in height when erected in side or rear yards nor three feet in height when erected within 25 feet of the front lot line or highway right-of-way, except agriculture fencing which may be five feet.
B. 
All such fences and walls shall conform to the requirements of § 219-19 as pertains to corner lots.
C. 
All such fences and walls shall be measured from the ground level at the base of the fence or wall, except that if such is a retaining wall, the height shall be measured from the average of the ground levels at each end of said retaining wall.

§ 219-28 Towers and antennas.

The proliferation of the construction and installation within the Town of Schodack of satellite antennas, parabolic dishes, windmills. towers, energy creating devices and other similar equipment and devices must be controlled so as to protect the health, safety and welfare of the citizens of the town, and the town shall, to the maximum degree possible, coordinate and control the same so as to preserve and protect the aesthetic qualities of the town and its environs. Accordingly, the following requirements shall apply:
A. 
Satellite antennas.
(1) 
Prohibition. No person shall cause, suffer or permit the erection and/or maintenance of any satellite antenna upon and lands owned by them within the town unless in conformity with the provisions herein set forth.
(2) 
Size. No satellite antenna erected or maintained within the town shall exceed, in any dimension, 12 feet in height, width or depth. All measurements of height shall be taken from the base at ground level. All measurements shall include all attachments, supports, guy wires and other equipment attached to or being a part of the satellite antenna. No part of the satellite antenna (except for footings or foundations or buried wire) shall be located below ground level.
(3) 
Location.
(a) 
No more than one satellite antenna shall be located on any lot, and such shall be located in the rear yard at ground level, except that where such satellite antenna is less than 30 inches in diameter, it may be attached to any principal or accessory structure.
(b) 
No satellite antenna shall be constructed, erected or maintained except as an accessory structure to an existing one-family dwelling on the same lot.
(c) 
All satellite antennas shall be located at least 10 feet from the side and rear lot lines or at a distance equal to the height of the antenna plus six feet, whichever is greater. When measuring side and rear setbacks, all cables, guy wires or other supports shall constitute a part of the antenna.
(d) 
No satellite antenna shall be installed unless approval of the same has been granted by the Planning Board of the town, as hereinafter provided, and a building permit obtained therefor.
B. 
Towers.
(1) 
Prohibition. No person shall cause, suffer or permit the erection and/or maintenance of any tower upon any lands owned by them in the town unless in conformity with the provisions herein set forth.
(2) 
Size.
(a) 
No tower erected or maintained within the town shall exceed 50 feet in height, measured from the average ground surface immediately surrounding the site of the tower. Measurements of height shall include any antennas, extensions or other devices extending above the structure of the tower itself.
(b) 
Amateur communication radio towers shall not exceed 60 feet in height, provided that all other provisions of this chapter are complied with. "Amateur communications" is intended to mean and is hereby defined to be the of such antennas for recreational, hobby or noncommercial use by a person holding a valid license issued by the Federal Communications Commission.
(3) 
Location.
(a) 
No more than one tower shall be located on any lot and shall be located in the rear yard at ground level, except that where such satellite antenna is less than 30 inches in diameter, it may be attached to any principal or accessory structure.
(b) 
No tower shall be constructed, erected or maintained except as an accessory structure to an existing one-family dwelling on the same lot.
(c) 
No tower shall be located on any lot unless located so as to have a rear and side lot line setback equal to the height of the tower. Measurements of the side and rear lot line setback shall be taken at the base of the tower structure at ground level.
(d) 
If a wind energy conversion system is to be placed on any tower, the minimum setback from any property line shall be the larger of either:
[1] 
The setbacks established by Subsection B(3)(c) above; or
[2] 
Two hundred seventy-five feet less 11 feet for each foot of blade or rotor diameter less than 20 feet, or 275 feet plus six feet for each foot of blade or rotor diameter greater than 20 feet.
(e) 
Towers which will be used for energy conversion shall be located on the lot so as not to produce a level of noise at any lot line greater than the ambient nighttime level.
(f) 
No tower shall be installed unless approved by the Planning Board of the town, as hereinafter provided, and a building permit obtained therefor.
C. 
Approval procedure.
(1) 
No tower or satellite antenna shall be constructed or erected until approved by the Planning Board in accordance with procedures outlined in Article XI herein.
(2) 
If the application is approved by the Planning Board, the applicant shall submit and file with the town, prior to the start of construction or prior use, all FCC, NEC, FAA and other state, federal or local permits or approvals which may be required for the construction of the antenna or tower and shall submit to the town, upon completion of construction or installation, a certification that the construction or installation, as completed, is in full compliance with the manufacturer's suggested installation procedures and that the antenna or tower is constructed or installed conformity with the design data set forth in Article XI hereof.

§ 219-29 Windmills and wind generators.

Windmills or wind generators may be located in any district, provided that the following standards and regulations are observed:
A. 
Any application for the construction of a windmill and/or wind generator shall include, but not be limited to, the following information:
(1) 
The location of the tower on the site and the tower height, including blades.
(2) 
The location of underground utility lines within a radius equal to the proposed tower height, including blades.
(3) 
A dimensional representation of the various structural components of the tower construction, including the base and footings.
(4) 
Design data indicating the basis of design, including manufacturer's dimensional drawings, installation and operation instructions.
(5) 
A certification by a registered professional engineer or manufacturer's certification that the tower design is sufficient to withstand wind-load requirements for structures as established by the New York State Uniform Fire Prevention and Building Code.
[Amended 10-12-1990 by L.L. No. 4-1990]
B. 
In addition, the following standards shall apply:
(1) 
No windmill, including blades, shall extend more than 50 feet above the average ground level of the permanent structure.
(2) 
No windmill shall be erected in any location where its overall height, including blades, is greater than the distance from its base to any property line.
(3) 
Access to the tower shall be limited either by means of a fence six feet high around the tower base with a locking portal or by limiting tower climbing apparatus to no lower than 12 feet from the ground.
(4) 
No windmill shall be installed in any location along the major axis of an existing microwave communications link, where the operation of the windmill is likely to produce an unacceptable level of electromagnetic interference, unless the applicant provides sufficient evidence satisfactory to the building inspector indicating the degree of expected interference and the possible effect on the microwave communications link.
(5) 
Windmills shall be located or installed in compliance with the guidelines of the federal aviation regulations with regard to airport approach zones and clearance around VOR and DVOR stations.
(6) 
No windmills shall produce noise in excess of the limits established by the Noise Chapter of the Code of the Town.[1]
[1]
Editor's Note: See Ch. 151. Noise.
(7) 
All sites proposed for windmills shall have sufficient access to unimpeded air flow for adequate operation in accordance to the Siting Handbook for Small Wind Energy Conversion Systems, PNL-2521, or other nationally recognized reference.
(8) 
Contiguous property owners may construct a windmill for their common use. If property held by more than one single owner is used to meet the setback requirements, a site plan establishing easements or reserved areas must be submitted to the Planning Board for approval.
(9) 
No windmill shall be installed in a location where the impact on the neighborhood character is determined by the Planning Board to be detrimental to the general neighborhood character.
(10) 
If the windmill is to be interconnected to an electric utility distribution system, the applicant shall provide evidence of approval of the proposed interconnect by the gas and electric company.
(11) 
Towers shall be located in rear yards and screened as determined appropriate by the Planning Board.
(12) 
Guy wires and anchors for towers shall not be located closer than 10 feet to any property line.
(13) 
All windmills shall be designed with an automatic brake to prevent overspeeding and excessive pressure on the tower structure.
(14) 
The minimum distance between the ground and any protruding blades shall not be less than 15 feet, as measured at the lowest point of the arc of the blades.
C. 
Approval procedure. No windmill or wind generator shall be constructed until approved by the Planning Board, in accordance with procedures outlined in Article XI herein.

§ 219-30 Sanitary sewage disposal.

No person shall undertake to construct any new building or structure in the Town of Schodack without first meeting the requirements for a system, or facilities for, the separate disposal of waterborne sewage, domestic or trade wastes in accordance with applicable regulations of the town, the Rensselaer County Department of Health and other governmental authorities.

§ 219-31 Excavation as part of site preparation.

Nothing contained herein shall prohibit the excavation of sand, gravel, shale, topsoil or similar material from a lot preparatory to construction of a building for which a building permit has been issued, or to move such material from one part of a premises to another part of the same premises, when such excavation or removal is clearly incidental to the approved building construction/site development and necessary for improving the property for a use permitted in the district in which it is located. Provision shall be made to restore an effective cover crop to any area of land from which topsoil has been removed or covered with fill within the first growing season following the start of such operation.

§ 219-32 Development near streams and wetlands.

In order to preserve the open character along major streams for environmental and ecological reasons, all development proposed within 100 feet of the normal streambank of the Moordener Kill, the Vlockie Kill, the Muitzes Kill and the Valatie Kill, or within 100 feet of the boundary of a freshwater wetland as mapped by the New York State Department of Environmental Conservation, shall be subject to special use permit review as provided by Article X of this chapter.

§ 219-33 Flood-Fringe Overlay District.

All development within the Flood-Fringe Overlay District, as mapped by the Federal Emergency Management Agency (FEMA), shall be subject to the special use permit review procedure as provided by Article X of this chapter, including those special design requirements stated in § 219-73 therein.[1]
[1]
Editor's Note: See also Ch. 118, Flood Damage Prevention.

§ 219-34 Agriculture and livestock.

A. 
The growing of field or garden crops, vineyards, orchards and nurseries, the keeping of livestock on a lot of 10 acres or more and the keeping of fowl on a lot of five acres or more shall be permitted in all districts, provided that:
(1) 
Building structures for such uses shall be located not less than 150 feet from any side or rear lot line and shall additionally conform to the front yard requirements for the principal building.
(2) 
The storage of manure or other dust or odor-producing substances shall be adequately screened from the view of adjacent properties and located not less than 150 feet from any lot line.
B. 
Roadside stands shall be permitted in RA and R40 Districts, provided that:
(1) 
Such stands shall not exceed 1,000 square feet in total area.
(2) 
Such stands shall be located not less than 50 feet from any street line.
(3) 
Such stands shall be solely used for display and sale of agricultural products grown principally on the premises.
C. 
Outdoor agricultural storage for crates or other packing containers and farm equipment shall be permitted in RA and R40 Districts, provided that:
(1) 
Such crates or other packing containers are for use with agricultural products grown principally on the premises.
(2) 
No such storage is located within any required yard.
D. 
Horses.
(1) 
Horses for private use may be kept on properties within the RA and R40 Districts in accordance with the following schedule:
Maximum Number of Horses
Minimum Number of Acres
2
2
3
4
4
7
5
10
(2) 
More than five horses may be permitted, upon review and approval by the Planning Board and the issuance of a special permit in accordance with Article X, Special Permit Uses, with the following minimum considerations:
(a) 
The location of the property.
(b) 
The size of the property.
(c) 
Facilities, such as barns, stables, storage sheds, etc.
(d) 
Fences.
(e) 
Impact on adjacent properties and land uses.
(3) 
Fences and/or buffer areas shall be located in such a manner to adjacent properties so as not to cause a nuisance.

§ 219-35 Swimming pools.

Any swimming pool, as defined in § 219-5 of this chapter, with a surface area in excess of 100 square feet, shall be subject to the following requirements:
A. 
If located within 50 feet of any side or rear lot line, such pool shall be screened by natural vegetation from the view of adjacent properties.
B. 
Such pool shall be enclosed on all sides by a security fence or wall, not less than four feet nor more than six feet in height, with a locking gate.

§ 219-35.1 Personal wireless telecommunications service facilities.

[Added 10-10-1996 by L.L. No. 7-1996]
A. 
The placement, construction and major modification of all personal wireless telecommunications facilities within the boundaries of the Town of Schodack shall be permitted only by special permit, upon site plan approval pursuant to Article XI herein and issuance of a building permit, and subject to all the provisions of this chapter[1] and all other applicable regulations.
[1]
Editor's Note: See § 219-72A(34).
B. 
All new telecommunications antennas which are not attached to telecommunications towers shall comply with the provisions of this chapter.
C. 
All telecommunications towers existing on October 10, 1996 (the effective date of this local law), shall be allowed to continue their usage as they presently exist and additional new telecommunications antennas shall be permitted thereon without regard to the zoning district in which the tower is located. New construction other than routine maintenance on an existing telecommunications tower shall comply with the requirements of this chapter.

§ 219-36 Home occupations.

A. 
In general.
(1) 
This chapter shall not prevent individuals from conducting a business, trade or profession in their homes or residences, provided that they meet the standards set forth by these regulations.
(2) 
The activity shall not alter the primary use of the premises as a residence. "Primary use" shall be defined as 75% of the square footage of said home or residence and shall be exclusively dedicated to residential use. Nonresidential use may not exceed 25% of the square footage of said home or residence.
[Amended 7-14-1994 by L.L. No. 5-1994]
(3) 
No traffic shall be generated in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the home occupation shall be met on-site and not in the required front yard.
(4) 
There shall be no external signage of such use except for one sign not exceeding two square feet in area.
B. 
Home Occupation I includes all home occupations conducted solely on-premises and within the principal structure. [See Subsection A(2) above.] The following standards shall be met by the owners and all persons engaged in such activities:
(1) 
Only the occupants of the residence and a maximum of two nonresident employees or assistants may conduct the activity.
(2) 
In no way shall the appearance of the structure be altered nor shall the activity within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emission of noises, odors or vibration.
(3) 
Display of products outside the residence shall not be allowed.
(4) 
The retail sale of goods or articles not produced on the premises is permitted if they are incidental to the service provided by the home occupation.
(5) 
Materials and equipment used in connection with the business shall be screened from view and stores in such a way that they do not pose a nuisance to adjacent property owners.
C. 
Home Occupation II includes all home occupations for which the general office activities of the business are conducted within the residence and the service-related activities of the business which are conducted primarily off-premises. The following standards shall be met by the owners and all persons engaged in such activities:
(1) 
Only the occupants of the residence and a maximum of two nonresident employees or assistants may conduct the activity.
(2) 
Permitted accessory parking shall be as provided in § 219-24B. Vehicles shall not be parked in any required yard.
[Amended 7-14-1994 by L.L. No. 5-1994]

§ 219-37 Planned Development Districts.

The following supplementary regulations shall apply to those Planned Development (PD-1) Districts shown on the Zoning Map of the Town of Schodack prior to January 1, 1982:
A. 
The site plan for overall development, as approved by the Planning Board in accordance with Article XI of this chapter, shall contain a minimum of five acres of contiguous land, which lands shall be in single ownership or under unified control.
B. 
Individual uses within the approved development may be developed on sites as small as 40,000 square feet and phased, as appropriate, provided that unified control of the total development is maintained.
C. 
Except where otherwise indicated, minimum lot size or frontage, maximum height, yard requirements and maximum percentage of lot coverage are not specified herein. In reviewing any site plan for a PD-1 District, the Planning Board shall be guided by standards set elsewhere in this chapter for the comparable uses and by good planning practice, to the end that the resulting development shall be compatible with its surroundings and shall ensure the stability of the uses to be developed on the site.
D. 
All required open spaces, parking areas and other accessory uses, if any, shall be protected, where necessary, by fully recorded conveyances, dedications or covenants running with the land.
E. 
The right-of-way and pavement widths for internal roads serving the development shall be determined by sound planning and engineering standards to conform with the estimated traffic needs at full development. Such roads shall be adequate and sufficient in size, location and design to accommodate the maximum traffic, parking and loading needs and the access of fire-fighting equipment and police or emergency vehicles. Dedicated streets shall be subject to the full requirements of the town's Road Specifications.
[Amended 10-12-1990 by L.L. No. 4-1990]
F. 
Along all boundary lines of any PD-1 District, the same zoning provisions shall prevail which regulate side yards, rear yards, screen planting and such other protective or transitional features as are required in connection with any similar use specified elsewhere in this chapter.
G. 
The developer shall provide all necessary water and sewer facilities, storm drainage, highway access, paved service streets, parking and loading facilities and lighting making reasonable provision for utility service connections with adjoining properties in the same or other ownerships.

§ 219-38 Oil and gas exploration.

Use of land for oil and gas removal and by-products shall be conducted in conformance with all required standards for issuance of a permit by the New York State Department of Environmental Conservation and other applicable county and town regulations.

§ 219-39 Required screening.

Any enclosed or unenclosed commercial or industrial use permitted by this chapter shall be provided with a fence, screen and/or landscaping sufficient to obscure objectionable aspects of such use from view from adjoining properties in residential districts and/or from public rights-of-way.
A. 
Any use which is not conducted within a completely enclosed building, including but not limited to junkyards, storage yards, lumber and building material yards and parking lots, and which use is in, abuts or is adjacent to a residential district, or fronts a public right-of-way, shall be obscured from view from such residential districts and public rights-of-way in an effective manner.
B. 
Adequate plans for the installation of required fences, screens and landscaping shall be reviewed by the Planning Board in accordance with the provisions of Article XI of this chapter.
C. 
Any required fences, screens and landscaping installed in accordance with this section shall be maintained good order to achieve the objectives of this section. Failure to maintain fencing and to replace dead or diseased landscaping shall be considered a chargeable violation of this chapter.

§ 219-39.1 Planned Waterfront District.

[Added 1-12-1995 by L.L. No. 1-1995]
A. 
Purpose. The purpose of this district is to permit riverfront land to be used for certain activities which depend on or are enhanced by access to the water while protecting the unique and fragile natural resources of the waterfront area. Approval of development proposals will be based on the demonstration of need for a waterfront location and evaluation of the measures proposed to protect natural resources.
B. 
Permitted uses.
(1) 
One-family dwellings.
(2) 
Agricultural uses, subject to the conditions set forth in the Residential Agriculture District.
(3) 
Customary accessory uses to the above.
(4) 
Sewage treatment facility.
C. 
Special uses. The following uses may be approved in accord with the procedures and criteria set forth in Subsection D below and subject to the development standards set forth in Subsection E below.
(1) 
Marinas, boat yards, boat sale and repair, shipbuilding and similar uses.
(2) 
Recreation facilities requiring waterfront access such as boat launches, fishing piers, swimming facilities, etc.
(3) 
Conference centers, camps, retreats and similar facilities which require large sites and utilize the waterfront for recreational or educational purposes.
(4) 
Cultural, educational or scientific uses which utilize the coastal resources.
(5) 
Uses which require water transportation for transfer of:
(a) 
Goods produced on the site;
(b) 
Natural materials found on the site; or
(c) 
Products requiring such transportation.
(6) 
Residential uses, including seasonal or second homes, which by site design, supporting facilities or other means utilize the particular advantage of a waterfront site.
(7) 
Facilities which support or are accessory to one of the above uses, including retail uses or restaurants occupying less than 10% of total floor area in the completed development.
D. 
Submission requirements and approval criteria.
(1) 
Submission requirements.
(a) 
No building permit shall be issued for any use listed in Subsection C above unless the Planning Board has issued a special use permit and approved a site development plan in accord with the provisions hereof.
(b) 
In addition, all applications for uses listed in Subsection C above shall be accompanied by an Environmental Assessment Form (EAF) which shall provide sufficient data to determine if the proposed action is consistent with the coastal policies set forth in the Local Waterfront Revitalization Program and its impact upon natural resources in the coastal area.
(2) 
Approval criteria. In addition to the determinations that the Planning Board must make in accord with the provisions hereof, prior to issuance of a conditional use permit, it shall also make the following determination for any use requiring such a permit in the Planned Waterfront District.
(a) 
The proposed use requires or substantially benefits from its location on a site with direct access to the coastal water.
(b) 
The site development plan provides maximum opportunities for the recreational use of the waterfront.
(c) 
The greatest extent of public access to the waterfront is provided given the nature of the proposed use.
(d) 
Maximum protection is provided to natural resources: wetlands, fish and wildlife habitats and significant vegetation and other site features.
(e) 
The visual impact of development is minimized in terms of views from the river and the opposite shore by use of appropriate building massing and materials, use of landscaping and natural growth and other site planning techniques.
(f) 
All development criteria set forth in Subsection E below have been satisfied in addition to all other standards required by this section.
E. 
Development standards.
(1) 
Permitted uses. Permitted uses shall conform to the standards of the RA District.
(2) 
Special uses.
(a) 
Special uses shall conform to the standard of the RA District.
(b) 
It is the intent of these standards to provide maximum flexibility in site design within the parameters of the approval criteria set forth in Subsection D(2) above and the basic standards set forth below. In its review, the Planning Board shall be guided by standards used elsewhere in this chapter and established site development practice.
(c) 
Uses requiring a special use permit shall conform to the following standards:
[1] 
No structure shall be located within 200 feet of the mean high water line of the Hudson River or Papscanee Creek, except for those structures or uses defined as "water-dependent" in the Local Waterfront Revitalization Program.
[2] 
Total horizontal coverage by roads, rooftops, parking lots and other impermeable surfaces shall not exceed 1/3 of the total site area. No such surfaces shall be located within 100 feet of the mean high water line of the Hudson River or Papscanee Creek, except for essential access roads to water-dependent uses.
[3] 
All sewage disposal, water supply and other utility systems shall be approved by the appropriate agency prior to issuance of any conditional use permit.
[4] 
Development plans shall indicate how site design and construction management employ best management practices to prevent adverse affects from erosion and siltation.

§ 219-39.2 Small-scale solar collector system.

[Added 5-14-2015 by L.L. No. 1-2015]
A. 
Purpose and intent.
(1) 
The purpose of these regulations is to balance the potential impact on neighbors where solar collectors may be installed near their property while preserving the rights of property owners to install solar collection systems without excess regulation. These regulations are not intended to override the New York State Agriculture and Markets Law.
(2) 
Solar energy is a renewable and nonpolluting energy resource that can prevent fossil fuel emissions and reduce energy load. Energy generated from solar energy systems can be used to offset energy demand on the grid when excess solar power is generated.
B. 
Applicability.
(1) 
The requirements herein shall apply to all solar collector system installations modified or installed after the effective date of this section.
(2) 
Solar collector system installations for which a valid building permit has been properly issued, or for which installation has commenced before the effective date of this section, shall not be required to meet the requirements of this section, except in accordance with Subsection D, Safety, found herein this section. Any modification, expansion or alteration to an existing solar collector system shall only be permitted in accordance with § 219-39.2 herein.
(3) 
All solar collector systems shall be designed, erected and installed in accordance with all applicable codes, regulations and industry standards as referenced in the New York State Building Code.
C. 
Permitting.
(1) 
Rooftop and flush-mounted solar collectors are permitted in all zoning districts in the Town of Schodack subject to the following conditions:
(a) 
Building permits shall be required for installation of all rooftop and flush-mounted solar collectors.
(b) 
Height limitations for structures found in Article IV, Use, Area and Bulk Regulations, shall apply.
(c) 
Rooftop and flush-mounted solar collector systems are permitted on the following structures:
[1] 
All principal structures.
[2] 
All accessory structures that meet the principal structure setbacks as required in each zoning district.
(d) 
Rooftop units must be three feet from any chimney and shall not be permitted on any roof overhangs.
(e) 
Any solar collector system attached to a pitched roof shall not extend more than three feet from the surface of the angle of the roof.
(2) 
Ground-mounted racks and freestanding solar collectors are permitted as an accessory structure in all zoning districts in the Town of Schodack subject to the following conditions:
(a) 
Building permits shall be required for installation of all ground-mounted and freestanding solar collectors.
(b) 
A special use permit is required for all ground-mounted racks and freestanding solar collectors in a commercial zoning district, which for purposes of this Zoning chapter shall include the Local Business District (LB), the Highway Commercial District (HC), the Highway Commercial District 2 (HC-2), Marine Commercial District (MC), the Manufacturing District (M), the Planned Waterfront District (PW), or a Planned Development District (PD-1, PD-2, PD-3, and PD-4).
(c) 
Special use permit from the Planning Board is required for all ground-mounted racks and freestanding solar collectors greater than 10 feet in height or greater than 20 feet in length or if the solar array surface area is greater than 200 square feet in the aggregate in all residential zoning districts. All other ground-mounted racks and freestanding solar collectors shall follow the standard building permit process.
(d) 
All ground-mounted racks and freestanding solar collectors shall have a maximum height of 20 feet from ground elevation.
(e) 
All ground-mounted racks and freestanding solar collectors installed in the side or rear yards shall comply with the setback requirements for a principal structure found in Article IV, Use, Area and Bulk Regulations.
(f) 
Solar collectors may be installed in any front yard but shall not be less than 75 feet from the front property line and shall require a special use permit. As per § 219-18, all corner lots shall be deemed to have two front yards.
(g) 
Solar collectors shall be located in a manner that reasonably minimizes shading of adjacent property while still providing adequate solar access for collectors.
D. 
Safety.
(1) 
All solar energy systems and solar collectors must obtain a building permit and shall be designed to be and installed to be in conformance with the New York Uniform Fire Prevention and Building Code Standards that are applicable when the building permit is issued.
(2) 
If solar storage batteries are included, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code when in use. When they are no longer in use, they shall be disposed of in accordance with the laws of New York State Fire Prevention and Building Code and local laws of the Town of Schodack and any other applicable laws or regulations.
(3) 
Glare and heat. No unreasonable glare or heat shall be produced that is perceptible beyond the boundaries of the lot on which such use is situated.

§ 219-39.3 Utility-scale solar collector system.

[Added 5-14-2015 by L.L. No. 1-2015]
A. 
Purpose and intent.
(1) 
The purpose of these regulations is to provide utility-scale solar collector systems through performance criteria that balance the unique characteristics of each site. In addition to the following regulations of this section, all utility-scale solar collector systems shall comply with the regulations for planned developments and the resulting PD-2 District regulations found in Article XII of this chapter.
(2) 
In any instances where specific permitted uses, area, or height standards, development guidelines and/or review procedures specifically set forth in this section conflict with any other general provision or requirements of the Zoning chapter, the particular provisions set forth herein shall take precedence and control. In all instances not specifically addressed in this section or in Article XII of this chapter, the Zoning chapter shall apply.
B. 
Bulk and area requirements. The following dimensional requirements shall apply to all utility-scale solar collector systems:
(1) 
Height.
(a) 
All solar collectors shall have a maximum height of 20 feet from ground elevation.
(b) 
All buildings and accessory structures associated with the utility-scale solar collector system shall have a maximum height of 35 feet, excluding the solar collector.
(2) 
Setback. All utility-scale solar collector systems and associated buildings, accessory structures and equipment shall have a minimum setback from any property line of 200 feet.
(3) 
Lot coverage.
(a) 
Impervious surface lot coverage. All utility-scale solar collector systems and associated accessory structures and equipment shall utilize a maximum of 20% impervious lot coverage.
(b) 
Pervious surface lot coverage. All utility-scale solar collector systems and associated accessory structures and equipment shall utilize a minimum of 80% permeable lot coverage.
C. 
General provisions.
(1) 
Site plan. All utility-scale solar collector systems shall provide a site plan in accordance with Article XI of this Zoning chapter.
(2) 
Signage. All signage shall be provided as part of site plan review and shall be in accordance with Article VI of this Zoning chapter.
(3) 
Visual.
(a) 
Utility-scale solar collector systems shall be sited in a manner to have the least possible practical visual effect on the environment.
(b) 
A visual environmental assessment form (Visual EAF), landscaping plan and visual assessment report, including appropriate modeling and photography assessing the visibility from key viewpoints identified in the Visual EAF, existing tree lines, surrounding topography, and proposed elevations shall be required.
(c) 
Landscaping, screening and/or earth berming shall be provided to minimize the potential visual impacts associated with the utility-scale solar collector systems and its accessory buildings, structures and/or equipment. Additional landscaping, screening and/or earth berming may be required by the Town Board and/or the Planning Board to mitigate visual and aesthetic impacts.
(d) 
Any associated structure shall be screened, placed underground, depressed, earth bermed or sited below the ridgeline to the greatest extent feasible, particularly in areas of high visibility.
(4) 
Lighting. A lighting plan shall be required. No utility-scale solar collector system shall be artificially lighted unless otherwise required by a federal, state or local authority. Exterior lighting may be provided for associated accessory structures and access entrances as may be determined appropriate for security purposes only.
(5) 
Utilities. The applicant shall provide written confirmation that the electric grid has the capacity to support the energy generated from the utility-solar collector system. Electrical and land-based telephone utilities extended to serve the site shall be underground.
(6) 
Access. The applicant shall indicate on a site plan all existing and proposed access to the site, including road, electric power, emergency access, land-based telephone line connection, and other utilities existing and proposed within the property boundaries of the proposed location. Existing roadways shall be used for access to the site whenever possible and determined acceptable by the Planning Board through site plan review.
(7) 
Glare and heat. No unreasonable glare or heat shall be produced that is perceptible beyond the boundaries of the lot on which such use is situated.
(8) 
Ownership. In the case of an application for a utility-scale solar collector system to be located on private lands owned by a party other than the applicant or the Town, a copy of the lease agreement with the property owner shall be filed with the Building Department.
(9) 
Proof of insurance. The applicant and the owner of the property where the utility-scale solar collector system is to be located shall file with the Building Department proof of insurance in a sufficient dollar amount to cover potential personal and property damage associated with construction and operation thereof.
(10) 
Security provisions. Each site shall have a minimum of an eight-foot security fence to prevent unauthorized access and vandalism to the utility-scale solar collectors and a security program for the site as approved by the Planning Board during site plan review.
(11) 
Noise. Noise-producing equipment shall be sited and/or insulated to minimize noise impacts on adjacent properties as approved by the Planning Board during site plan review.
(12) 
Documentation from the utility company, verifying that the utility-scale solar collector system is active, shall be provided annually to the Town of Schodack Director of Planning and Zoning.
(13) 
Required sureties for construction, maintenance and removal of utility-scaled solar collector systems.
(a) 
Construction and maintenance. Prior to the issuance of a building permit for the utility-scale solar collector system and any associated accessory structures, the applicant 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; 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 utility-scale solar collector. 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 comply with conditions of the approval shall be paid using the surety provided by the applicant. 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.
(b) 
Removal. The utility-scale solar collector system, including any accessory structures and/or equipment, shall be dismantled and removed from the site when the utility-scale solar collector system has been inoperative or abandoned for two years. As a condition of the certificate of compliance, applicants shall post a surety in an amount and form acceptable to the Town for the purposes of removal or abandonment. The amount shall be up to 20% of the construction cost. Acceptable forms shall include, in order of preference: cash; letter of credit; or a bond that cannot expire; or a combination thereof. Such surety will be used to guarantee removal of the utility-scale solar collector system should the system be abandoned. Abandonment shall be assumed by the Town if the annual documentation as required in § 219-39.3C(12) is not provided by the owner, applicant or lessee for two consecutive years to the Town of Schodack Director of Planning and Zoning. The Town Building Inspector shall then provide written notice to the owner to remove the utility-scale solar collector system, and the owner shall have two years from written notice to remove the utility-scale solar collector system, including any associated accessory structures and/or equipment, and restore the site to a condition approved by the Planning Board. If the owner, applicant or lessee fails to remove any associated structures or restore the site to the condition approved by the Planning Board, all costs of the Town incurred to comply with this condition shall be paid using the surety provided by the applicant.