Town of Rosendale, NY
Ulster County
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Table of Contents
Table of Contents

§ 75-18 General provisions.

A. 
Home occupations, as defined herein, shall be subject to the following regulations and standards where permitted as accessory uses:
(1) 
There shall be no indication of the home occupation from the exterior of the building, except for one sign in accord with § 75-22, and no modification to the structure shall alter its residential character.
(2) 
A home occupation shall be conducted only within the principal building on the lot, except in an A or A-1 District. In any case, the floor area designed for and allotted to the home occupation shall not exceed 30% of the total floor area in the dwelling unit of the occupant or 500 square feet, whichever is less.
(3) 
No more than two persons who are not residents of the dwelling unit shall be employed in the home occupation.
(4) 
No materials or equipment used in the home occupation shall be stored or displayed outside the dwelling unit.
(5) 
At least one, but no more than three, off-street parking spaces shall be provided for the home occupation, in addition to those required for the principal residential use. Such space may be provided in the driveway but not in any required front yard.
(6) 
The home occupation shall not generate traffic, noise, vibration, odor, smoke, glare or electrical interference greater than that normally created by other permitted uses in the same zoning district.
(7) 
The following uses are of a character that is generally incompatible with a residential area and shall not be deemed to be customary home occupations:
(a) 
Hospital or clinic.
(b) 
Animal hospital or kennel.
(c) 
Automotive repair or body shop.
(d) 
Nursery school.
B. 
Excavations.
(1) 
Any proposed excavation adversely affecting natural drainage or structural safety of adjoining buildings or lands shall be prohibited. Excavations shall not create any noxious or injurious substance or condition or cause public hazard.
(2) 
In any district, excavation relating to the construction, on the same lot, of a building or structure for which a building permit has been issued shall be permitted. In the event that construction of a building or structure is stopped prior to completion and the building permit is allowed to expire, the premises shall immediately be cleared of any rubbish or building materials, and any excavation with a depth greater than two feet below existing grade shall immediately be filled in and the topsoil replaced or all such excavations shall be entirely surrounded by a substantial fence at least six feet high that will effectively block access to the area in which the excavation is located.
(3) 
For excavations for soil mining, see § 75-28.
C. 
Activity standards. In any district, the following standards for activity shall apply:
(1) 
No offensive or objectionable vibration or glare shall be noticeable at or beyond the property line.
(2) 
No activity shall create a physical hazard, by reason of fire, explosion, radiation or other such cause, to persons or property in the same or adjacent district.
(3) 
There shall be no discharge of any liquid or solid waste into any stream or body of water or any public or private disposal system or discharge into the ground of any materials of a nature that may contaminate any water supply, including groundwater supply.
(4) 
There shall be no storage of any material, either indoors or outdoors, in such a manner that it facilitates the breeding of vermin or endangers health in any way.
(5) 
The emission of smoke, fly ash or dust which can cause damage to the health of persons, animals or plant life or to other forms of property shall be prohibited.
D. 
Planned new streets. After the planned right-of-way line for future streets, for future extensions of existing streets or for future street widening is established on the Official Map, if any, buildings and structures shall be set back from such line as though it were a street line.
E. 
Accessory buildings and uses.
(1) 
The following accessory buildings shall be permitted, accessory to a residential use, provided that they are not operated for profit:
(a) 
Garden house or greenhouse.
(b) 
Toolhouse or storage shed.
(c) 
Children's playhouse.
(d) 
Garage for storage of vehicles owned by occupants of the site.
(2) 
Setback and location requirements for accessory buildings:
(a) 
Such buildings may be located in the required side or rear yard in the A, A-1 and R-1 Districts at a minimum of 10 feet from any rear or side lot line.
(b) 
Such buildings may be located in the required rear or side yard in the R-2, R-2a and R-3 Districts at a minimum of five feet from any rear or side lot line.
(c) 
Such building, except for agricultural purposes, shall not exceed the maximum height permitted in the district in which it is located, or a maximum floor area of more than 500 square feet.
(d) 
Such building, together with all other buildings on the lot, shall not occupy more than the permitted lot coverage in the district in which it is located.
(e) 
Such building shall be located no closer to the principal building than 12 feet or the height of the accessory building, whichever is greater.
(3) 
Accessory uses not enclosed in a building, such as but not limited to swimming pools and tennis courts, may be permitted in a required side or rear yard in the A, A-1 and R-1 Districts not closer than 20 feet from a rear or side lot line and may be permitted in a required rear or side yard in the R-2, R-2a and R-3 Districts not closer than 10 feet to either a rear or side yard line.
(4) 
Any swimming or ornamental pool with a depth greater than 18 inches and a surface area of more than 150 square feet shall only be permitted subject to the issuance of a building permit. Swimming pools shall be protected by a permanent fence or barrier designed and maintained to prevent accidental entry or unauthorized use of the pool. Such fence shall be at least four feet high and completely enclose either the pool or that portion of the property in which the pool is situated or the entire property. All openings in said fence shall have a self-closing gate or door with adequate lock to ensure that such gate or door remains closed and locked at all times when the pool is not in use. The design and construction of the fence or barrier shall be approved by the Building Inspector at the time of issuance of a building permit. If all parts of the pool are elevated above the adjacent grade by a perpendicular wall at least four feet in height, a fence or barrier is not required, provided that all points of access to the pool are protected by self-locking gates or removable ladders. The provisions of this subsection shall apply to new pools immediately and, to pools existing on the date of adoption of this subsection, it shall apply as of April 15, 1984.
F. 
Corner clearance. For the purpose of minimizing traffic hazards at street intersections, on any corner lot no obstructions between a height of 2 1/2 feet and 10 feet above the adjacent center-line elevation shall be permitted to be planted, erected or maintained within the triangular area formed by the intersecting pavement lines, or their projections where corners are rounded, and a straight line joining the pavement lines at points 50 feet distant from their point of intersection.
G. 
Fences and walls. The requirements of this chapter shall not apply to necessary retaining walls, fences or walls not exceeding a height of six feet in any side or rear yard in an R-1, R-2, R-2a or R-3 District, and not exceeding a height of four feet in any front yard of an R-1, R-2, R-2a or R-3 District, except where corner sight distances are required for traffic safety. In any A District or business or industrial district, there shall be no restriction on fences or walls, except on an R-1, R-2, R-2a or R-3 District boundary line where such fences or walls shall be limited to eight feet in height, and except where corner clearances are required. Fences and walls that exceed these limits of the district in which they are located are considered to be structures and shall be subject to the area and bulk regulations as specified in § 75-11.
H. 
Commercial parking lots. Commercial parking lots shall comply with the provisions of § 75-19D, H and I.
I. 
Transition requirement.
(1) 
Where a lot in a business district abuts a lot in a residence district, there shall be provided along such side or rear lot line in the business district abutting a residence district a wall, fence, compact evergreen hedge or a landscaped strip of trees or shrubs so designed as to form a visual screen not less than six feet in height at the time of planting. Except for landscaped areas and parking areas, a use which is not conducted within a completely enclosed building shall be screened by a six-foot solid masonry wall, chain link fence covered with an evergreen vine or compact evergreen hedge.
(2) 
Where a lot in an industrial district abuts a lot in a residential district, such lot in the industrial district shall meet the requirements of § 75-20D(2)(d) and (g).
J. 
Agriculture shall include buildings and activities, except farms expressly for the disposal of offal and farms expressly for garbage disposal. A garbage disposal area operated by the Town of Rosendale; a group of municipalities, including the Town of Rosendale; or Ulster County is permitted. The processing and storage of agricultural products, including packing, warehousing and storing, is permitted, except that slaughterhouses, rendering, fertilizer plant and canneries are prohibited. The unenclosed storage of manure or areas for storage of dead fowl or other odor- or dust-producing substance or use shall not be permitted within 100 feet of a property line or public street right-of-way. Buildings for the housing of fowl or farm animals shall not be located in the required front yard nor within 100 feet of a property line.
K. 
The keeping of customary household pets is permitted in any district.
L. 
Keeping of chickens and ducks.
[Added 12-14-2015 by L.L. No. 3-2015]
(1) 
Purpose and intent. The purpose of this section is to provide appropriate standards and regulations for keeping chickens and ducks for noncommercial purposes within a residential environment so as to avoid adverse impacts on neighboring properties and residents, and to provide for the health and safety of the chickens and ducks.
(2) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
LIVESTOCK
Domesticated animals, including poultry that are raised in an agricultural setting to produce commodities such as food, fiber and labor.
POULTRY
Domestic fowl, including chickens, turkeys, pheasants, ducks or geese that are raised for meat or eggs.
CHICKEN
For the purpose of this Code, a chicken (Gallus domesticus) refers only to a female chicken (the hen).
COOP
The covered house, structure, or room that is required to provide chickens with shelter from the weather, protection from predators, and a place to lay eggs and to roost.
CHICKEN/DUCK ENCLOSURE (or RUN)
An enclosed fenced (or wire) area or pen, with or without overhead screening, associated with a coop or duck house that is safe from predators, allows for exercise and access to a foraging area and sunlight and which keeps chickens and ducks maintained within the boundaries, in accordance with all required setbacks.
CULL
To re-home or to kill unwanted chickens.
DUCK HOUSE
The covered house, structure, or room that is required to provide ducks with shelter from the weather, protection from predators, and a place to lay eggs and to roost.
(3) 
General conditions for the keeping of chickens and ducks in R1, R2, R3, A and A1 Zoning Districts.
(a) 
Only female chickens, or hens, ducks and drakes may be kept. The keeping of roosters, and any other type of poultry or livestock is prohibited.
(b) 
Number of chickens and ducks.
[1] 
In the R1, R2, and R3, Districts, a limited number of chickens and ducks are permitted, subject to obtaining a permit from the Town Building Department, provided that the chickens and ducks are humanely cared for and do not constitute a nuisance or create a hazard to public health. The maximum number of chickens, ducks, or combination of chickens and ducks per lot size is as follows:
[a] 
Under 1/2 acre: six.
[b] 
At least 1/2 acre but less than one acre: eight.
[c] 
At least one acre, but less than three acres: 12.
[d] 
Three acres or over: 18.
[2] 
In any A or A1 District, up to 18 chickens, ducks, or a combination of chickens and ducks can be maintained, as of right, provided that all regulations contained in this § 75-18L are complied with.
(c) 
Chickens and ducks must be confined at all times to the chicken/duck enclosure.
(d) 
The coop/duck house and enclosures may not be located in front or side yards. Coops, duck houses and enclosures must be a minimum of 50 feet from any neighboring residence, building, pool, deck or patio, and shall comply with a setback of at least 15 feet from any lot line or the minimum setback of the district in which they are located, whichever is greater. Corner lots shall be excluded from the side setback restriction.
(e) 
The coop/duck house shall be covered and ventilated, and a fenced enclosure/run is required. The coop/duck house and enclosure must be completely secured from predators, including all openings, ventilation holes, doors and gates. The coop/duck house must be easily accessible for cleaning and maintenance.
(f) 
The coop/duck house shall be constructed using durable materials designed for permanent outdoor use.
(g) 
The coop/duck house and enclosure shall be kept clean, consistent with the New York State Property Maintenance Code.
(h) 
Chickens and ducks shall be kept for personal use only. The selling of chickens, ducks, eggs, meat, chicken or duck manure, or the breeding of chickens or ducks for commercial purposes is prohibited.
(i) 
Any composting of manure shall comply with the best practice management guidelines that shall be on file in the Building Department. Copies of same shall be provided by the Building Department to permit applicants. Composting of manure shall be subject to a fifteen-foot setback from all property lines, and run off shall not encroach on neighboring properties. Manure, composted on the premises, cannot be used off site.
(j) 
All chicken and duck feed must be kept indoors in metal containers with metal covers, with securely fastened covers, at all times to minimize the infestation of rodents or problems with predators.
(k) 
All persons who keep, possess or maintain chickens or ducks must comply with the Town Noise Ordinances[1] and shall not permit the chickens or ducks to make noises of such a nature as to be heard beyond the property on which such chickens are harbored between 10:00 p.m. and 6:00 a.m.
[1]
Editor's Note: See Ch. 47, Noise.
(l) 
Property owners must obtain a permit to keep chickens or ducks pursuant to this section. The Town Board shall set the fee for said permit from time to time, by resolution.
(m) 
In the event that a property owner discontinues the keeping of chickens or ducks for a period exceeding one (1) year, the use of the property for the keeping of chickens or ducks shall be deemed discontinued, and a property owner will be required to follow all of the provisions of this chapter to restart such use.
(4) 
Chicken and duck welfare and cruelty prevention.
(a) 
Whoever impounds, confines or owns any chicken or duck and fails to supply the animal with a sufficient quantity of appropriate and wholesome food and fresh water shall be in violation of this Code.
(b) 
Whoever keeps any chicken or duck in any enclosure without adequate room for exercise, perching and ventilation shall be in violation of this Code.
(c) 
Whoever keeps any chicken or duck in dirty, damp or disease-prone conditions shall be in violation of this Code. The coop or duck house must have litter such as straw or shavings on the floor at all times, generally at least six inches in depth, and this litter must be regularly changed to prevent unsanitary and unhealthy conditions.

§ 75-19 Purpose; provisions for off-street parking and loading.

[Amended 4-12-2000 by L.L. No. 1-2000]
In order to provide adequate off-street parking and loading areas within the Town of Rosendale, off-street parking and loading shall conform to the standards set forth in this chapter. It is recognized that the Main Street business area in the Town of Rosendale is a unique area which was developed prior to the adoption of standards requiring on-site parking for business uses. The development pattern of small lots with little or no space between or adjacent to commercial buildings prevents, in many cases, provision of on-site parking. This development pattern contributes to the pedestrian-oriented, historic character of the business area which is an asset to the Town and which the Town seeks to preserve. Therefore, it is appropriate to adapt the standards and procedures for parking in the Main Street business area to recognize its unique characteristics while providing alternate means to address the parking demands created by business uses under current conditions. In all districts, off-street automobile parking spaces and truck loading areas for the various permitted uses shall be required at the time any of the main buildings or structures of such uses are constructed or altered, as follows:
A. 
Required off-street automobile parking spaces. The minimum cumulative number of spaces shall be determined by the number or amount of dwelling units, bedrooms, floor area, members, equipment, employees and/or seats contained in such new buildings or structures or added by alteration of buildings or structures; and such minimum number of spaces shall be maintained by the owners of such buildings or structures, as follows:
(1) 
Office, business and commercial uses.
(a) 
For retail business or service, bank or post office, one space for each 200 square feet of customer floor area.
(b) 
For office, including professional, personal service or public utility, one space for each 200 square feet of gross office floor area.
(c) 
For restaurant, bar or nightclub, one space for each 50 square feet of customer floor area.
(d) 
For funeral home, one space for each five seats of chapel or chapel's capacity.
(e) 
For any commercial use, one space for each company vehicle in addition to other required spaces.
(f) 
For hotel and motel, and resort hotel, resort lodge or resort ranch, one space for each bedroom, plus one space for each four employees.
(2) 
Parking in the Main Street B-1 District. Notwithstanding the requirements of Subsection A(1) above, parking standards in the B-1 District on Main Street in the former Village of Rosendale shall be subject to the following standards and provisions:
(a) 
Parking standards for office, retail, restaurant and residential uses.
[Amended 7-13-2005 by L.L. No. 2-2005]
[1] 
For retail business or service, bank or post office, one space for each 400 square feet of gross office floor area.
[2] 
For office, including professional, personal service or public utility, one space for each 400 square feet of gross office floor area.
[3] 
For restaurant, bar or nightclub, one space for each 100 square feet of customer floor area.
[4] 
For residential: the standards as set forth in § 75-19A(6) below.
(b) 
Waiver of parking requirements. Upon a finding by the Planning Board that sufficient parking to satisfy the parking standard set forth above cannot be provided safely or efficiently on a site, the parking requirement may be partially or totally waived during site plan approval, up to a total of eight spaces. If it is determined that a waiver of more than eight spaces is required, such waiver shall only be granted upon issuance of a special permit following a public hearing and an analysis of the impact of such waiver. Such analysis shall include distance from the site to an existing public parking facility, availability of parking on other sites in the immediate area and means to reduce the extent of the waiver including reduction in the size of the proposed use.
(c) 
Establishment of Town Parking Fund. Where the parking requirement is waived as per Subsection A(2)(b) above, the property owner shall be charged an initial fee and an annual fee per parking space waived, said fees to be in accord with a fee schedule as adopted periodically by resolution of the Town Board. All such fees shall be placed in a Town Parking Fund to be used exclusively for acquisition, improvement and maintenance of public parking facilities within the Main Street business area.
[Amended 7-13-2005 by L.L. No. 2-2005]
(d) 
Parking needs analysis. Within one year of the effective date of this subsection, the Town Board shall authorize an analysis of parking in the Main Street area to include the following:
[1] 
The number of existing parking spaces, both public and privately owned.
[2] 
The total number of parking spaces required to satisfy the existing demand for parking by all uses in the Main Street business area in accord with the standards set forth in Subsection A(2)(a) above.
[3] 
The location and capacity of possible sites in the Main Street area which may be used to increase the existing parking supply.
(e) 
Validity. The validity of any provision of this subsection shall not affect the validity of any other provision of this subsection which can be given effect without such invalid provision.
(f) 
Effective date. This subsection shall take effect immediately upon filing with the office of the Secretary of State as provided in § 27 of the Municipal Home Rule Law of New York State.
(3) 
Industrial uses.
(a) 
One space for each 400 square feet of floor area devoted to manufacture, including printing, publishing, wholesale business and laundry or dry-cleaning plants.
(b) 
One space for each 2,000 square feet of floor area devoted to storage.
(c) 
One space for each 3,000 square feet of area devoted to outside storage, including equipment rental or sales yards.
(d) 
For any industrial use, one space for each company vehicle in addition to other required spaces.
(4) 
Public and semipublic uses.
(a) 
For places of public assembly, including churches, theaters and concert halls, one space for each six seats of seating capacity.
(b) 
For elementary school or day nursery, two spaces for each classroom.
(c) 
For high school or college, five spaces for each classroom.
(d) 
For museum, art gallery, institution or philanthropic use, one space for each 800 square feet of gross floor area.
(e) 
For hospital, sanitarium, nursing or convalescent home, one space for each two beds.
(f) 
For club, one space for each 200 square feet of gross floor area or one space for each four seats of seating capacity, whichever is greater.
(5) 
Recreational uses.
(a) 
For golf course or bowling alley, four spaces for each tee or alley.
(b) 
For skating rinks, one parking space for each 250 square feet of area available for skating.
(6) 
Residential uses.
(a) 
For one- or two-family dwelling, one space per dwelling unit.
(b) 
For multifamily dwelling, 1.5 spaces per dwelling unit.
(c) 
Customary home occupation or professional office in a dwelling unit, one space for each 200 square feet devoted to such customary home occupation or professional office plus the required space per dwelling unit.
(d) 
Boardinghouse, one space for each bedroom.
(7) 
For uses not listed herein, as established by the Planning Board.
B. 
Adjustment of parking requirements. Off-street parking requirements may be adjusted in the following cases:
(1) 
Joint use of spaces. In the case of two or more uses located on the same lot, the sum of the space required for all uses individually may be reduced to an amount no less than 125% of the largest number of spaces required by any single use, upon a determination by the Planning Board that such a reduced amount of parking space shall be adequate to serve all uses on the lot due to their different character and hours of operation.
(2) 
Preexisting uses. Structures and uses in existence as of the effective date of this chapter shall not be subject to the parking requirements herein. However, if the parking spaces serving such structure or use are less than would be required by this chapter, they shall not be reduced; and, if the structure or use is expanded, additional parking spaces in the appropriate amount required in Subsection A above shall be provided to serve such expanded area.
C. 
Dimensions for off-street automobile parking space. Such space provided shall be at least nine feet wide and 20 feet long, and every space shall have direct and usable driveway access to a street or alley with minimum maneuver area between spaces as follows:
(1) 
Parallel curb parking. Five feet end to end with twelve-foot aisle width for one-direction flow and twenty-four-foot aisle width for two-direction flow.
(2) 
Thirty-degree parking. Sixteen-foot aisle width for one-direction flow and twenty-six-foot aisle width for two-direction flow.
(3) 
Forty-five-degree parking. Sixteen-foot aisle width for one-direction flow and twenty-six-foot aisle width for two-direction flow.
(4) 
Sixty-degree parking. Twenty-one-foot aisle width for one-direction flow and twenty-six-foot aisle width for two-direction flow.
(5) 
Perpendicular parking. Twenty-six-foot aisle width for one-direction and two-direction flow.
D. 
Location of required spaces.
(1) 
In any residential district, no open or enclosed parking area shall encroach on any required front yard or required open areas. Open parking areas may encroach on a required side or rear yard to within three feet of a property line.
(2) 
In business districts or industrial districts, such spaces shall be provided on the same lot or not more than 400 feet therefrom.
(3) 
No entrance and exit drives connecting the parking area and the street shall be permitted within 25 feet of the intersection of two public rights-of-way.
E. 
Required off-street truck loading areas.
(1) 
For funeral home, one berth for each chapel.
(2) 
For hotel and motel and resort hotel, resort lodge or resort ranch, one berth for floor area in excess of 10,000 square feet.
(3) 
For office, business or commercial use, one berth for 10,000 square feet to 25,000 square feet of floor area and one additional berth for each additional 25,000 square feet of floor area.
(4) 
For manufacturing or permitted industrial use, one berth for the first 10,000 square feet of floor area and one additional berth for each additional 40,000 square feet of floor area.
(5) 
For other permitted nonresidential use, one berth for 10,000 square feet to 25,000 square feet of floor area and one additional berth for each additional 25,000 square feet of floor area, unless it can be proven that truck deliveries shall not exceed one vehicle per day.
F. 
Dimensions for off-street loading berths. Each required loading berth, open or enclosed, shall have the following minimum dimensions: 35 feet long, 12 feet wide and 14 feet high, except that berths for funeral homes may be 20 feet long, 10 feet wide and eight feet high.
G. 
Location of required berths. All off-street loading areas shall be located on the same lot as the use for which they are permitted or required. Open off-street loading areas shall not encroach on any required front or side yard, accessway or off-street parking area, except that in business districts off-street parking areas, where they exist, may be used for loading or unloading, provided that such spaces shall not be so used for more than three hours during the daily period that the establishment is open for business.
H. 
Construction of parking areas. Parking areas shall be paved with an all-weather surface of asphalt or concrete or suitable oil topping and be suitably drained. The individual spaces shall be visibly marked with paint or other durable material. Parking areas to be used at night shall be lighted. All lights shall be shaded or so directed as not to cause glare on adjoining residential properties and shall be so directed as not to cause a traffic hazard due to glare or color.
I. 
Landscaping. At least 8% of the area of the lot usable for off-street parking shall be devoted to landscaping with lawn, trees, shrubs or other plant material. All loading berths and parking areas of three or more spaces that abut a residential lot line, and any parking lot for more than 20 cars, shall be screened by a six-foot-high solid masonry wall, or compact evergreen hedge or a landscaped strip of trees and shrubs so designed as to form a visual screen from the adjoining property. All parking areas and landscaping shall be properly maintained thereafter in a sightly and well-kept condition.

§ 75-20 Light Industrial District.

The Town Board may, after Planning Board review, public notice and hearing, approve the development of a parcel of land for light industrial use and establish a special Light Industrial District for such development to be improved on any A, R-1, B-1 or B-2 District, subject to the following conditions:
A. 
Location and minimum required acreage of site:
(1) 
A Districts, 10 acres.
(2) 
R-1 Districts, six acres.
(3) 
B-1 and B-2 Districts, two acres.
B. 
Application of regulations. Individual uses and structures in the Light Industrial (I-1) District shall comply with the use regulations of § 75-8, the bulk regulations of §§ 75-11 through 75-17, the supplementary regulations of § 75-18 and the additional standards contained in this section.
C. 
Use regulations.
(1) 
Permitted uses.
(a) 
Any use permitted by right in an I-1 District.
(b) 
Any use as permitted by special permit in the I-1 District subject to approval thereof by the Planning Board.
(2) 
Prohibited uses.
(a) 
Residential uses, except dwelling of caretakers; and any and all residential uses existing and permitted prior to the establishment of such I-1 District, in accordance with this subsection, shall be allowed to continue as so permitted heretofore.
(b) 
Any use, although expressly allowed as a permitted use, shall be prohibited if the particular application of such use does not comply with the specified performance standards for a use in the I-1 District.
(c) 
Any use either not listed in § 75-8 or listed in § 75-8 following the word "except."
D. 
Performance standards.
(1) 
General standards. The following general standards are hereby adopted for the control of uses in any Light Industrial District, and no use shall be permitted, established, maintained or conducted therein which shall cause:
(a) 
Excessive smoke, fumes, gas, odor, dust or any other atmospheric pollutant beyond the boundaries of the lot whereon such use is located. Smoke is excessive when the shade or appearance of such smoke is darker than No. 2 on the Ringlemann Smoke Chart, published by the United States Bureau of Mines.
(b) 
Noise perceptible beyond the boundaries of the lot occupied by such use causing the same.
(c) 
Any pollution by discharge of any waste material whatsoever into any watercourse, open ditch or land surface.
(d) 
Discharge of any waste material whatsoever into any sanitary disposal system or sewerage system, except only in accordance with the rules of and under the control of public health authorities or the public body controlling such sewerage system. Any chemical or industrial waste which places undue loads, as determined by the Town Engineer, shall not be discharged into any municipal system and must be treated by the industrial use.
(e) 
Storage or stocking of any waste materials whatsoever, except in a completely enclosed building.
(f) 
Glare or vibration perceptible beyond the lot lines whereon such use is conducted.
(g) 
Hazard to person or property by reason of fire, explosion, radiation or other cause.
(h) 
Any other nuisance harmful to persons or property.
(2) 
Specific standards. The following specific standards are hereby adopted and must be complied with for and by any use in any Light Industrial District and before the same be permitted, established, maintained or conducted:
(a) 
Storage facilities. Materials, supplies or semifinished products shall be stored on the rear 1/2 of the property and shall be screened from any existing or proposed street.
(b) 
Loading docks. No loading docks shall be on any street frontage. Provisions for handling of all freight shall be on those sides of any building which do not face on any street or proposed streets.
(c) 
Landscaping. It is hereby declared that all areas of the plot not occupied by buildings, parking, driveways, walkways or storage shall be landscaped attractively with lawn, trees, shrubs or other plant material. Such landscaping shall take into consideration the natural growth presently on the premises and the nature and condition of the terrain as well as the situation of the lands and premises themselves and with regard to adjoining lands and premises.
(d) 
Fences and walls. Property that is adjacent to a residential or business district shall be provided, along such property lines, with a wall, fence, compact evergreen hedge or a landscaped strip of trees and shrubs so designed as to form a visual screen no less than six feet high at the time of planting. Except for landscaped areas and parking areas, a use which is not conducted within a completely enclosed building shall be screened by a six-foot solid masonry wall, solid fence or compact evergreen hedge. Where a front yard adjoins a street, the wall, fence or hedge shall be located no closer to the street than the depth of the required yard.
(e) 
Off-street parking and loading. Refer to § 75-19.
(f) 
Signs. Refer to § 75-22.
(g) 
Buffer strip. In addition to the fences and walls, the entire district must be separated along its outside boundary from any adjoining residential zones by a buffer strip, suitably landscaped, at least 100 feet wide and maintained by the industrial use.
(3) 
Proper and adequate water supply, sewerage and waste disposal, other utility services and accessibility to and from public streets must be provided.
(4) 
Special consideration must be given to the traffic generated by each proposed use in a Light Industrial District and no undue traffic volumes shall be permitted on residential streets. Such data is to be submitted with each petition for amendment.
(5) 
Consideration shall also be given to the suitability of property adjacent to the proposed industrial site for industrial use. It is the development objective to encourage, wherever possible, groupings of industrial uses.
E. 
Area and bulk regulations. Area and bulk requirements shall be in compliance with those for an I-1 District as set forth in the Density Control Schedule[1] of this chapter.
[1]
Editor's Note: The Density Control Schedule is included at the end of this chapter.
F. 
The Planning Board, upon review of the proposed development, may prescribe such additional conditions as are, in its opinion, necessary to secure the objectives of this chapter.
G. 
Procedure. Application for rezoning classification of a site shall be filed, by the owner or several owners jointly or the holder of a written option to purchase the site, with the Secretary to the Town Board and shall be accompanied by certified check in an amount in accord with a fee schedule adopted by the Town Board to help defray the cost of advertising the hearing on said petition and incidental disbursements. The applicant shall also submit the following:
(1) 
A plan of the site and surrounding areas, drawn to scale and accurately dimensioned, showing the location of existing and proposed land use areas, lots, buildings, structures, parking and loading areas and access roads and streets, community facilities and topography.
(2) 
The use and height of each proposed building or structure, yard lines, lot coverage and the number of parking spaces in each proposed parking area and the expected flow of traffic in and out of the area.
(3) 
Any additional data as may be requested by the Planning Board in order to determine the suitability of the tract for the proposed development.
(4) 
Each application shall be referred to the Planning Board. Prior to the public hearing, the Planning Board shall report its recommendations thereon to the Town Board, accompanied by a full statement of the reasons for such recommendations. If the Planning Board fails to report within a period of 45 days from the date of receipt of notice or such longer time as may have been agreed upon by it and the Town Board, the Town Board may act without such report.
(5) 
The Town Board, by a resolution, shall fix the time and place of the public hearing and cause notice to be given as follows:
(a) 
By publishing, not less than 10 days prior to the date of the public hearing, a notice of the application and the time and place of the public hearing in a newspaper of general circulation in the Town of Rosendale, as designated by the Town Board.
(b) 
By giving notice of hearing to any required municipal, county, state or federal agency in the manner prescribed by law. Upon approval such new district shall become a part of the regulations established herein, shall be enforced in the same manner and shall be similarly subject to amendment, except that if construction of the proposed development is not commenced within one year after approval of the Town Board, such approval shall be revoked and such area shall be subject to the requirements of the prior district regulations.

§ 75-21 Gasoline filling stations.

In any district where permitted, a gasoline filling station shall be subject to the following regulations:
A. 
Filling stations shall be permitted only on lots of 12,500 square feet or more, with a one-hundred-foot minimum frontage.
B. 
The area for use by motor vehicles, except access drives thereto, as well as any structures shall not encroach on any required yard area.
C. 
No fuel pump shall be located closer than 20 feet to any side lot line or closer than 35 feet to any street line, measured from the outside edge of the fuel island.
D. 
No access drive shall be within 200 feet of and on the same side of the street as a school, public library, theater, church or other public gathering place, park, playground or fire station, unless a public street lies between such service station and such building or use.
E. 
All repair work, except emergency repairs, and all storage shall be within a completely enclosed building which has a maximum height of 25 feet. Such repair work shall not include any body repair work or spray painting or car washing which requires mechanical equipment.

§ 75-22 Signs.

No sign or other device for advertising purpose of any kind may be erected or established in the Town except and provided as follows:
A. 
Signs in residential districts. No sign or other device for advertising purposes of any kind may be erected or established in any residential district except those issued pursuant to this chapter, as follows:
(1) 
Permitted nonresidential uses and legal nonconforming, nonresidential uses, but not including home occupations or day nurseries, may display signs pertaining to the use of property, having an aggregate total face area of not more than 32 square feet and not projecting more than 24 inches beyond the principal building of such use to which they are attached; except that where such nonresidential uses are set back more than 50 feet from the property lines, one additional sign may be erected in the ground, provided that such ground sign shall not exceed 15 square feet in total face area, shall not exceed five feet in height and shall be no nearer than 10 feet to any property line or road, whichever requires the greater setback. If such freestanding signs face substantially at right angles to the road and/or display in more than one direction, they shall have a face area of not more than eight square feet per side, with no more than two sides.
(2) 
Dwellings for five or more families may display nonilluminated or nonreflective signs identifying the premises, having an aggregate total face of not more than 12 square feet and not projecting more than 24 inches beyond the principal building on the lot.
(3) 
Any dwelling unit in a detached or attached structure may display one nameplate or professional sign not exceeding two square feet in area.
B. 
Wall signs in business districts. The total surface display area of wall signs in any business district shall not exceed two square feet for each linear foot of building facade facing the principal frontage of the lot or 100 square feet, whichever is less. There shall be no more than two signs for each business establishment housed in the building. Such signs shall not project more than two feet beyond the principal building on the lot. Such signs shall not extend more than 20 feet above the ground level or exceed the highest part of the building housing the business or service advertised, whichever is less restrictive. "Principal frontage" shall mean the frontage of the lot adjacent to the principal street in the case of a corner lot. Where a corner lot faces two principal business streets, only one such frontage shall be considered the principal frontage. In the case of a corner lot, such square footage of sign area may be increased by an additional 0.5 square feet per linear foot of frontage of the lot on the secondary street, but shall not exceed 25 square feet nor exceed one sign in number. Such increased sign area shall be used only for the erection of a flat sign on the length of the building which faces the secondary street.
C. 
Signs in B-1 and B-2 Business Districts and Light Industrial Districts. Two freestanding signs having an aggregate total face area of not more than 100 square feet may be displayed for each establishment, provided that such signs shall be located no nearer than 10 feet to any property line and provided further that such signs shall not extend more than 20 feet above the ground level or more than five feet above the height of the roof of a building at the point of location of the sign, whichever is less restrictive.
D. 
Advertising signs. Hereafter, notwithstanding any other provisions of this chapter, signs not pertaining to the use, sale, rent or lease of property on the same lot and signs not representing construction or subdivision activity as allowed are not permitted in any district, except that signs for the purpose of directing persons to a business or establishment may be erected in any district, provided that such signs shall not exceed four square feet in area per establishment, shall conform with applicable regulations of the district in which they are located, shall be grouped on community poles and shall be approved by the Town Planning Board.
E. 
Projecting signs. Signs projecting more than two feet from the face of a building to which they are attached are prohibited except on Main Street in the hamlet of Rosendale in the business district where such signs are permitted subject to the following regulations:
(1) 
Each establishment shall be permitted one projecting sign for each frontage on a public right-of-way. No more than one sign may be located on each frontage.
(2) 
The distance between the faces of projecting signs shall not exceed six inches, except internally illuminated signs, which shall not exceed 12 inches.
(3) 
Projecting signs shall not exceed an area of 12 square feet per face and the outer edge of such sign shall not extend more than 60 inches from the face of the building to which it is applied.
(4) 
The bottom edge of a projecting sign shall be no less than eight feet or more than 15 feet above the ground.
(5) 
No part of a projecting sign shall extend within two feet of the curbline of any public street or right-of-way or into any access drive intended for use by service or emergency vehicles.
F. 
Subdivision signs. Any persons offering lots for sale in a subdivision may erect nonilluminated, nonreflective directional signs, having an aggregate total face area of not more than 50 square feet, within the limits of the subdivision or adjoining property in the same ownership. The permit for such signs shall be issued for a period of one year each, following a determination by the Building Inspector that the signs have been repainted or are in good condition in each case.
G. 
Exemption from above regulations.
(1) 
Real estate signs which advertise the sale, rental or lease of the premises upon which said signs are located and which have an aggregate total face of not more than six square feet, within any residential district and business district, or not more than 32 square feet, within any Light Industrial District.
(2) 
One professional or business nameplate not exceeding one square foot in area for one professional or business establishment where such signs would not otherwise be a permitted use.
(3) 
One sign denoting the architect, engineer and/or contractor when placed on work under construction, and not exceeding 24 square feet in area.
(4) 
Memorial signs or tablets, names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel or similar material.
(5) 
Traffic or other municipal signs, legal notices and such temporary, emergency or nonadvertising signs as may be authorized by the Town Board.
H. 
Illuminated signs. Illumination of signs shall not be of intermittent or varying intensity or produce direct glare beyond the limits of the side property line. Red, green and amber lights of such shape and hue that they may be confused with official traffic lights and signals shall be prohibited. All bare incandescent light sources and immediately adjacent reflecting surfaces shall be shielded from view.
I. 
Banners. Banners and similar devices are prohibited, except nonpermanent ones displayed for the occasion of special events which shall be displayed no longer than for a three-week period.
J. 
Posters. Temporary, nonpermanent posters covering such things as political events, sporting events, shows and elections shall not be displayed until four weeks prior to the event and must be removed within two weeks after the event. A performance bond or other form of surety shall be posted with the Town Clerk in an amount to be determined by the Town Board to cover the cost of taking down such temporary, nonpermanent posters.
K. 
Removal of certain signs. Any sign now or hereafter existing which no longer advertises a business conducted or a product available for purchase by the public on the premises shall be taken down and removed by the owner, agent or persons having the beneficial use of the building or structure upon which such sign may be found, within 10 days after written notification from the Building Inspector. Upon failure to comply with such notice within the time specified in such order, the Building Inspector is hereby authorized to cause removal of such sign. Any expense incident thereto shall be paid by the owner of the building or structure to which such sign is attached.
L. 
Mobile signs. Mobile signs, whether or not mounted on wheels, which are designed and intended to be moved from one location to another are permitted subject to the issuance of a temporary permit by the Building Inspector. The Building Inspector shall not issue such permit if the proposed location of such sign will cause a traffic safety hazard or result in any other adverse effect on the public welfare. Such sign shall comply with all requirements of Subsection H, Illuminated signs, above, at all times. If such mobile sign is located anywhere upon a lot or premises for 15 consecutive days or for any 30 days within the same calendar year, it must comply with all provisions of these regulations for the district in which it is located, as to size, location and construction, as if it were a permanent sign.
M. 
Existing nonconforming signs. Any existing sign which, upon inspection, is found to violate the provisions of Subsection H above or to exceed the permitted area or any other quantitative requirement of these regulations by more than 25% shall be deemed a nonconforming sign. A nonconforming sign shall not be physically altered or enlarged. However, such sign may be relettered, painted, decorated or otherwise repaired during the course of normal maintenance. Any such sign once removed for purposes other than relettering, painting, decorating or normal maintenance shall be considered permanently removed and may be replaced only with a sign which conforms to the provisions of these regulations.

§ 75-23 Mobile homes.

A. 
Regulations applying to all mobile homes.
(1) 
Wherever permitted by these regulations, whether by right or subject to a special use permit, a single mobile home shall comply with all area, bulk and parking requirements as apply to a one-family dwelling in the same district. A single mobile home is any such home not located in an approved mobile home park.
(2) 
Mobile homes, other than Type 1, Type 2, and Type 3 as defined herein, are prohibited in any zoning district in the Town of Rosendale.
(3) 
All mobile homes shall have a permanent supply of potable water and sewage disposal system in accordance with the requirements of the Ulster County Health Department.
(4) 
Distribution systems for electricity, gas, telephone and fuel oil service to mobile homes shall be installed and maintained in accordance with all applicable state and local regulations.
(5) 
Mobile homes are subject to all applicable provisions of these regulations pertaining to building permits and certificates of occupancy (§ 75-39).
B. 
Regulations applying to Type 1 and Type 2 mobile homes.
(1) 
Foundation. All mobile homes shall have the wheels or skids removed and shall be set upon a permanent foundation within 60 days of placement on the site. The foundation shall consist of either an eight-inch-wide wall, piers or columns extending at least 36 inches below ground level, or a four-inch-thick slab with a perimeter footing of at least 10 inches. The foundation shall be in contact with and support the mobile home structural frame at such number of points and at such intervals as required to provide adequate, rigid support.
(2) 
Anchoring. The structural frame of the mobile home shall be attached to the foundation in not less than four places, in such locations and by such devices as to ensure the stability of the mobile home.
(3) 
Perimeter skirting. The open area, if any, between the bottom of the mobile home and the top of the foundation shall be enclosed by a skirt extending around the full perimeter of the mobile home. Such skirt shall be constructed of a weather- and fire-resistant wood, masonry or metal, securely fastened to the mobile home and its foundation and shall extend from the side wall of the mobile home to the adjacent ground at all points.
C. 
Regulations applying to Type 3 mobile homes. Notwithstanding any other provisions herein, a Type 3 mobile home may remain on the premises on which it was originally established subject only to conditions previously imposed as part of such establishment.
D. 
Replacement of existing mobile homes.
(1) 
Any mobile home legally established as of August 10, 1983 (i.e., a Type 3 mobile home), may be replace with another mobile home on the same premises, except as limited in Subsection D(2) below. However, such replacement shall only be a Type 1 or Type 2 mobile home subject to the standards and regulations of Subsections A and B above.
(2) 
If such mobile home is located in a district in which mobile homes are not otherwise permitted, any replacement of such home must be installed within 90 days of removal of the original mobile home or the right to replace it shall expire. However, upon written notice to the Building Inspector, an additional 90 days shall be allowed during which such mobile home may be replaced.
E. 
Mobile home (trailer) parks.
(1) 
Park size and capacity. Each mobile home (trailer) park shall have a minimum area of 175,000 square feet.
(2) 
Minimum lot size.
(a) 
In the A-1 District, no mobile home (trailer) lot shall be less than 7,500 square feet in area and have less than 60 feet of frontage on an access road.
(b) 
In the R-2a District, no mobile home (trailer) lot shall be less than 5,000 square feet in area and have less than 50 feet of frontage on an access road.
(3) 
Clearances. Mobile homes (trailers) shall be located on the lot with the following minimum clearances. There shall be a minimum distance of 30 feet between mobile homes (trailers), a minimum setback of 50 feet from a public street and a minimum setback of 50 feet from any adjacent property line. In computing these clearances, lean-tos, auxiliary rooms and similar accessories connected to the mobile home (trailer), but not including temporary porches and canopies which are open on two or more sides, shall be considered as part of the mobile home (trailer).
(4) 
Automobile parking. There shall be at least one off-street parking space for each mobile home (trailer) within the mobile home (trailer) lot or within 50 feet of the mobile home (trailer). In addition, there shall be one off-street parking space for each five mobile homes (trailers) within the park located throughout the park at places of public congregation.
(5) 
Parking bay. Each off-street parking space shall be at least nine feet wide and at least 20 feet long and shall have convenient and ready access to a roadway.
(6) 
Recreation area. A usable area set aside exclusively for recreation shall be provided within the mobile home (trailer) park and shall be equal in area to 200 square feet for each mobile home (trailer) lot in the park.
(7) 
Screening. Each mobile home (trailer) park containing 50 or more units shall have at least two entrances and shall have a landscaped area at least 20 feet wide along exterior lot lines and street frontages, suitably planted and maintained to provide visual screening from adjacent properties.

§ 75-24 Cemeteries and crematories.

No burial or memorial plats or buildings shall be located closer than 50 feet to any residential lot line, except that when a dense evergreen hedge, wall or landscaped strip at least six feet in height and providing complete visual screening from all adjacent residential property is provided, burial or memorial plats less than six feet in height may be located no closer than 20 feet to any residential lot line. Crematories shall be located only in cemeteries.

§ 75-25 Sanitary disposal.

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

§ 75-26 Residential cluster development.

In order to promote the health and general welfare of the community and to preserve and make available open space, the Town Planning Board may grant a developer the right to vary the residential density within a tract to be developed, but not maintained, under single ownership, leaving a substantial area free of building lots. The right to vary the density shall be subject to the following conditions:
A. 
The proposed residential development must create an attractive residential environment, produce a total average density as specified in § 75-11, provide aggregate open space to be no less than that required in the district in which it is located, have population density which will offer no adverse influence, guarantee permanent retention of open areas and ensure care and maintenance of open space.
B. 
Development must start within one year of the date of approval and be completed within a reasonable time; it must be consistent to the spirit and intent of the chapter.
(1) 
Single-family detached houses.
(a) 
Single-family detached houses may be grouped in clusters on minimum lot areas per dwelling unit, minimum lot widths and minimum front yards as follows:
District
Minimum Lot Size
(square feet)
Minimum Lot Width
(feet)
Minimum Front Yard
(feet)
A
30,000
125
50
R-1
15,000
80
30
R-2 and R-2a
7,500
60
25
(b) 
All other yard requirements, maximum coverage and maximum height requirements, as specified on the Density Control Schedule,[1] for the district on which located shall be complied with.
[1]
Editor's Note: The Density Control Schedule is included at the end of this chapter.
(2) 
Special designs. In cases where a developer has designed special groups of dwellings and garages, the Planning Board, after inspecting plans and elevations, may approve smaller minimum lot areas other than those in Subsection B(1)(a) above, provided that the sanitary systems are approved by the County Health Department, that the average density does not exceed that permitted within the zoning district in which the land occurs or that the layout is not detrimental to the health and general welfare of the community.
(3) 
Townhouse developments. In R-1, R-2, R-2a and R-3 Districts, townhouses (attached one-family dwellings) shall be permitted, provided that there are no more than eight townhouse units in any contiguous group and that the overall maximum density and maximum lot coverage for the district in which located shall be met; however, lot dimensions may be reduced as follows:
(a) 
The minimum lot size shall not be less than 2,000 square feet, with a minimum width of 20 feet; minimum rear yard, front yard and side yards at the end of the total structure shall be 25 feet.
(b) 
For each square foot of land gained within a residential subdivision through the reduction of lot size below the required minimum lot area per dwelling unit requirements, as set forth in the chapter, equal amounts of land shall be preserved and maintained as open land, and the development rights thereto shall be conveyed to the Town of Rosendale for as long as these structures shall exist.
(c) 
The balance of the land not contained in the lots or the road right-of-way, if provided, shall be contiguous and of such size and shape as to be usable for recreation or agriculture. Such land shall be held in corporate ownership by the owners of lots within the development, and the developer shall incorporate into the deeds of all property within the development a clause giving to the owners an interest in such open land which shall be used for recreational or agricultural purposes only. No structure, save those incidental to the recreational or agricultural use, shall be permitted thereon.
(d) 
Open land shall be a minimum of three acres and shall be subject to taxation unless it is deeded to the Town. In the case of such tracts of five or more acres, the developer may petition to the Town to take over the land to be used in perpetuity as open space.
(e) 
Any residential development proposed under the provision of this subsection shall follow all applicable procedures, standards and requirements of the ordinance governing the subdivision of land in the Town of Rosendale.[2]
[2]
Editor's Note: See Ch. 60, Subdivision of Land.

§ 75-27 Flood damage prevention regulations.

[Amended 8-12-2009 by L.L. No. 4-2009[1]]
A. 
Authorization and purpose.
(1) 
Findings. The Town Board of the Town of Rosendale finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Rosendale and that such damages may include: destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this section is adopted.
(2) 
Statement of purpose. It is the purpose of this section to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(a) 
Regulate uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities;
(b) 
Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(c) 
Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters;
(d) 
Control filling, grading, dredging and other development which may increase erosion or flood damages;
(e) 
Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands; and
(f) 
Qualify for and maintain participation in the National Flood Insurance Program.
(3) 
Objectives. The objectives of this section are:
(a) 
To protect human life and health;
(b) 
To minimize expenditure of public money for costly flood-control projects;
(c) 
To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(d) 
To minimize prolonged business interruptions;
(e) 
To minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard;
(f) 
To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
(g) 
To provide that developers are notified that property is in an area of special flood hazard; and
(h) 
To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
B. 
Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meanings they have in common usage and to give this section its most reasonable application.
APPEAL
A request for a review of the local administrator's interpretation of any provision of this section or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM), with a one-percent or greater annual chance of flooding to an average annual depth of one to three feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1-A30, A99, V, VO, VE, or V1-V30. It is also commonly referred to as the "base floodplain" or "one-hundred-year floodplain." For purposes of this section, the term "special flood hazard area (SFHA)" is synonymous in meaning with the phrase "area of special flood hazard."
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded in any given year.
BASEMENT
That portion of a building having its floor subgrade (below ground level) on all sides.
BUILDING
See "structure."
CELLAR
Has the same meaning as "basement."
CRAWL SPACE
An enclosed area beneath the lowest elevated floor, 18 inches or more in height, which is used to service the underside of the lowest elevated floor. The elevation of the floor of this enclosed area, which may be of soil, gravel, concrete or other material, must be equal to or above the lowest adjacent exterior grade. The enclosed crawl space area shall be properly vented to allow for the equalization of hydrostatic forces which would be experienced during periods of flooding.
(1) 
Structures or facilities that produce, use or store highly volatile, flammable, explosive, toxic and/or water-reactive materials;
(2) 
Hospitals or nursing homes likely to contain occupants who may not be sufficiently mobile to avoid death or injury during a flood;
(3) 
Police and fire stations, and related vehicle and equipment storage facilities, and emergency operations centers that are needed for flood response activities before, during, and after a flood; and
(4) 
Public and private utility facilities that are vital to maintaining or restoring normal services to flooded areas before, during, and after a flood.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials.
ELEVATED BUILDING
A nonbasement building (1) built, in the case of a building in Zone A1-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor or, in the case of a building in Zone V1-30, VE, or V, to have the bottom of the lowest horizontal structural member of the elevated floor, elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water; and (2) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zone A1-A30, AE, A, A99, AO, AH, B, C, X, or D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of Zone V1-V30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means of breakaway walls that meet the federal standards.
FEDERAL EMERGENCY MANAGEMENT AGENCY
The federal agency that administers the National Flood Insurance Program.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
An official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The FBFM delineates a regulatory floodway along watercourses studied in detail in the Flood Insurance Study.
FLOOD ELEVATION STUDY
An examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards.
FLOOD HAZARD BOUNDARY MAP (FHBM)
An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY
See "flood elevation study."
(1) 
A general and temporary condition of partial or complete inundation of normally dry land areas from:
(a) 
The overflow of inland or tidal waters;
(b) 
The unusual and rapid accumulation or runoff of surface waters from any source.
(2) 
"Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection B(1) above.
FLOODPLAIN or FLOOD-PRONE AREA
Any land area susceptible to being inundated by water from any source (see definition of "flood or flooding").
FLOODPROOFING
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY
Has the same meaning as "regulatory floodway."
FUNCTIONALLY DEPENDENT USE
A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, and ship repair facilities. The term does not include long-term storage, manufacturing, sales, or service facilities.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
(1) 
Listed individually on the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(4) 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) 
By an approved state program as determined by the Secretary of the Interior; or
(b) 
Directly by the Secretary of the Interior in states without approved programs.
LOCAL ADMINISTRATOR
The person appointed by the community to administer and implement this section by granting or denying development permits in accordance with its provisions. This person is often the Building Inspector, Code Enforcement Officer, or employee of an Engineering Department.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this section.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term does not include a recreational vehicle.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL
For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum of 1988 (NAVD 88), or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
MOBILE HOME
Has the same meaning as "manufactured home."
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the community, and includes any subsequent improvements to such structure.
ONE-HUNDRED-YEAR FLOOD or 100-YEAR FLOOD
Has the same meaning as "base flood."
PRINCIPALLY ABOVE GROUND
At least 51% of the actual cash value of the structure, excluding land value, is above ground.
RECREATIONAL VEHICLE
A vehicle which is:
(1) 
Built on a single chassis;
(2) 
Four hundred square feet or less when measured at the largest horizontal projections;
(3) 
Designed to be self-propelled or permanently towable by a light-duty truck; and
(4) 
Not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in § 75-27D(4)(b).
(1) 
The date of permit issuance for new construction and substantial improvements to existing structures, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement is within 180 days after the date of issuance. The "actual start of construction" means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns.
(2) 
Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling), or the installation of streets or walkways, or excavation for a basement, footings, piers or foundations, or the erection of temporary forms, or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE
A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. Substantial damage also means flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of such flood event, on the average, equals or exceeds 25% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. The term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
(1) 
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(2) 
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
VARIANCE
A grant of relief from the requirements of this section which permits construction or use in a manner that would otherwise be prohibited by this section.
C. 
General provisions.
(1) 
Applicability. This section shall apply to all areas of special flood hazard within the jurisdiction of the Town of Rosendale, Ulster County.
(2) 
Basis for establishing the areas of special flood hazard.
(a) 
The areas of special flood hazard for the Town of Rosendale, Community Number 360862, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
[1] 
Flood Insurance Rate Map Panel Numbers 36111C0465E, 36111C0470E, 36111C0585E, 36111C0605E, 36111C0610E, 36111C0615E, and 36111C0620E, whose effective date is September 25, 2009, and any subsequent revisions to these map panels that do not affect areas under our community's jurisdiction.
[2] 
A scientific and engineering report entitled "Flood Insurance Study, Ulster County, New York, All Jurisdictions," dated September 25, 2009.
(b) 
The above documents are hereby adopted and declared to be a part of this section. The Flood Insurance Study and/or maps are on file at the offices of the Town Clerk and the Town Building Inspector of the Town of Rosendale at 424 Main Street, Rosendale, New York, 12472.
(3) 
Interpretation and conflict with other laws. This section includes all revisions to the National Flood Insurance Program through October 27, 1997, and shall supersede all previous laws adopted for the purpose of flood damage prevention. In their interpretation and application, the provisions of this section shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this section are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, or local laws, the most restrictive, or that imposing the higher standards, shall govern.
(4) 
Severability. The invalidity of any subsection or provision of this section shall not invalidate any other subsection or provision thereof.
(5) 
Penalties for noncompliance. No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compliance with the terms of this section and any other applicable regulations. Any infraction of the provisions of this section by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this section or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Rosendale from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this section for which the developer and/or owner has not applied for and received an approved variance under § 75-27F and G will be declared noncompliant, and notification will be sent to the Federal Emergency Management Agency.
(6) 
Warning and disclaimer of liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the Town of Rosendale, any officer or employee thereof, or the Federal Emergency Management Agency for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
D. 
Administration.
(1) 
Designation of the local administrator. The Building Inspector is hereby appointed local administrator to administer and implement this section by granting or denying floodplain development permits in accordance with its provisions.
(2) 
Floodplain development permit.
(a) 
Purpose. A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and ensuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in § 75-27C(2), without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the local administrator and may include, but not be limited to, plans, in duplicate, drawn to scale, and showing: the nature, location, dimensions, and elevations of the area in question; existing or proposed structures; fill; storage of materials; drainage facilities; and the location of the foregoing.
(b) 
Fees. All applications for a floodplain development permit shall be accompanied by an application fee in accord with the schedule of fees adopted and amended by the Town Board. In addition, the applicant shall be responsible for reimbursing the Town of Rosendale for any additional costs necessary for review, inspection and approval of this project. The local administrator may require a deposit of no more than $500 to cover these additional costs.
(3) 
Application for a permit. The applicant shall provide the following information, as appropriate. Additional information may be required on the permit application form.
(a) 
The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved structure to be located in Zone A1-A30, AE or AH, or Zone A if base flood elevation data are available. Upon completion of the lowest floor, the permittee shall submit to the local administrator the as-built elevation, certified by a licensed professional engineer or surveyor.
(b) 
The proposed elevation, in relation to mean sea level, to which any new or substantially improved nonresidential structure will be floodproofed. Upon completion of the floodproofed portion of the structure, the permittee shall submit to the local administrator the as-built floodproofed elevation, certified by a professional engineer or surveyor.
(c) 
A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 75-27E(2)(c), Utilities.
(d) 
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 75-27E(4), Nonresidential structures.
(e) 
A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in § 75-27C(2), when notified by the local administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained.
(f) 
A technical analysis, by a licensed professional engineer, if required by the local administrator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property.
(g) 
In Zone A, when no base flood elevation data are available from other sources, base flood elevation data shall be provided by the permit applicant for subdivision proposals and other proposed developments (including proposals for manufactured home and recreational vehicle parks and subdivisions) that are greater than either 50 lots or five acres.
(4) 
Duties and responsibilities of the local administrator. Duties of the local administrator shall include but not be limited to the following:
(a) 
Permit application review. The local administrator shall conduct the following permit application review before issuing a floodplain development permit:
[1] 
Review all applications for completeness, particularly with the requirements of § 75-27D(3), Application for a permit, and for compliance with the provisions and standards of this section.
[2] 
Review subdivision and other proposed new development, including manufactured home parks, to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of § 75-27E, Construction standards, and, in particular, § 75-27E(1)(a), Subdivision proposals.
[3] 
Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The local administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of § 75-27E, Construction standards, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and resubmit the application.
[4] 
Determine that all necessary permits have been received from those governmental agencies from which approval is required by state or federal law.
(b) 
Use of other flood data.
[1] 
When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate Map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the local administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to § 75-27D(3)(g), as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this section.
[2] 
When base flood elevation data are not available, the local administrator may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the areas of special flood hazard, for the purposes of this section.
(c) 
Alteration of watercourses. The local administrator shall be responsible for:
[1] 
Notification to adjacent communities and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a watercourse and submittal of evidence of such notification to the Regional Director, Region II, Federal Emergency Management Agency.
[2] 
Determining that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
(d) 
Construction stage.
[1] 
In Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, upon placement of the lowest floor or completion of floodproofing of a new or substantially improved structure, the local administrator shall obtain from the permit holder a certification of the as-built elevation of the lowest floor or floodproofed elevation in relation to mean sea level. The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and be certified by same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. A certificate of elevation must also be submitted for a recreational vehicle if it remains on a site for 180 consecutive days or longer (unless it is fully licensed and ready for highway use).
[2] 
Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The local administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop-work order for the project unless immediately corrected.
(e) 
Inspections. The local administrator and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable said inspector to certify, if requested, that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions.
(f) 
Stop-work orders.
[1] 
The local administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found ongoing without a development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 75-27C(5) of this section.
[2] 
The local administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found noncompliant with the provisions of this section and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 75-27C(5) of this section.
(g) 
Certificates of compliance.
[1] 
In areas of special flood hazard, as determined by documents enumerated in § 75-27C(2), it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure, until a certificate of compliance has been issued by the local administrator stating that the building or land conforms to the requirements of this section.
[2] 
A certificate of compliance shall be issued by the local administrator upon satisfactory completion of all development in areas of special flood hazard.
[3] 
Issuance of the certificate shall be based upon the inspections conducted as prescribed in § 75-27D(4)(e), Inspections, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit.
(h) 
Information to be retained. The local administrator shall retain and make available for inspection copies of the following:
[1] 
Floodplain development permits and certificates of compliance;
[2] 
Certifications of as-built lowest floor elevations of structures, required pursuant to § 75-27D(4)(d)[1] and [2], and whether or not the structures contain a basement;
[3] 
Floodproofing certificates required pursuant to § 75-27D(4)(d)[1], and whether or not the structures contain a basement;
[4] 
Variances issued pursuant to § 75-27G, Variances; and
[5] 
Notices required under § 75-27D(4)(c), Alteration of watercourses.
E. 
Construction standards.
(1) 
General standards. The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in § 75-27C(2).
(a) 
The following standards apply to all new subdivision proposals and other proposed development in areas of special flood hazard (including proposals for manufactured home and recreational vehicle parks and subdivisions):
[1] 
Proposals shall be consistent with the need to minimize flood damage;
[2] 
Public utilities and facilities, such as sewer, gas, electrical and water systems, shall be located and constructed so as to minimize flood damage; and
[3] 
Adequate drainage shall be provided to reduce exposure to flood damage.
(b) 
Encroachments.
[1] 
Within Zones A1-A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements or other development (including fill) shall be permitted unless:
[a] 
The applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location; or
[b] 
The Town of Rosendale agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM revision, FEMA approval is received, and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Rosendale for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Rosendale for all costs related to the final map revision.
[2] 
On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 75-27C(2), no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless:
[a] 
A technical evaluation by a licensed professional engineer shows that such an encroachment shall not result in any increase in flood levels during occurrence of the base flood; or
[b] 
The Town of Rosendale agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received, and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Rosendale for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Rosendale for all costs related to the final map revisions.
[3] 
Whenever any portion of a floodplain is authorized for new development, the volume of space occupied by the authorized fill or structure below the base flood elevation shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the base flood elevation at or adjacent to the development site. All such excavations shall be constructed to drain freely to the watercourse. No area below the waterline of a pond or other body of water can be credited as a compensating excavation.
(2) 
Standards for all structures.
(a) 
Anchoring. New structures and substantial improvement to structures in areas of special flood hazard shall be anchored to prevent flotation, collapse, or lateral movement during the base flood. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
(b) 
Construction materials and methods.
[1] 
New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage.
[2] 
New construction and substantial improvements to structures shall be constructed using methods and practices that minimize flood damage.
[3] 
For enclosed areas below the lowest floor of a structure within Zone A1-A30, AE or AH, and also Zone A if base flood elevation data are available, new and substantially improved structures shall have fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement, and which are subject to flooding, designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria:
[a] 
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; and
[b] 
The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade.
[c] 
Openings may be equipped with louvers, valves, screens or other coverings or devices, provided they permit the automatic entry and exit of floodwaters. Enclosed areas subgrade on all sides are considered basements and are not permitted.
(c) 
Utilities.
[1] 
New and replacement electrical equipment, heating, ventilating, air-conditioning, plumbing connections, and other service equipment shall be located at least two feet above the base flood elevation or be designed to prevent water from entering and accumulating within the components during a flood and to resist hydrostatic and hydrodynamic loads and stresses. Electrical wiring and outlets, switches, junction boxes and panels shall be elevated to or above the base flood elevation unless they conform to the appropriate provisions of the electrical part of the Building Code of New York State or the Residential Code of New York State for location of such items in wet locations.
[2] 
New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
[3] 
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters. Sanitary sewer and storm drainage systems for buildings that have openings below the base flood elevation shall be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall.
[4] 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(3) 
Residential structures. The following elevation standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in § 75-27E(1)(a), Subdivision proposals, and § 75-27E(1)(b), Encroachments, and § 75-27E(2), Standards for all structures:
(a) 
Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above two feet above the base flood elevation.
(b) 
Within Zone A, when no base flood elevation data are available, new and substantially improved structures shall have the lowest floor (including basement) elevated at least three feet above the highest adjacent grade.
(c) 
Within Zone AO, new and substantially improved structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in § 75-27C(2) (at least two feet if no depth number is specified).
(d) 
Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.
(4) 
Nonresidential structures. The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures located in areas of special flood hazard, in addition to the requirements in § 75-27E(1)(a), Subdivision proposals, and § 75-27E(1)(b), Encroachments, and § 75-27E(2), Standards for all structures:
(a) 
Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements of any nonresidential structure, together with attendant utility and sanitary facilities, shall either:
[1] 
Have the lowest floor, including basement or cellar, elevated to or above two feet above the base flood elevation; or
[2] 
Be floodproofed so that the structure is watertight below two feet above the base flood elevation with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
(b) 
Within Zone AO, new construction and substantial improvements of nonresidential structures shall:
[1] 
Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified); or
[2] 
Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in § 75-27E(4)(a)[2].
(c) 
If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction. A floodproofing certificate or other certification shall be provided to the local administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of § 75-27E(4)(a)[2], including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.
(d) 
Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.
(e) 
Within Zone A, when no base flood elevation data are available, the lowest floor (including basement) shall be elevated at least three feet above the highest adjacent grade.
(5) 
Manufactured homes and recreational vehicles. The following standards, in addition to the standards in § 75-27E(1), General standards, and § 75-27E(2), Standards for all structures, apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard:
(a) 
Recreational vehicles.
[1] 
Recreational vehicles placed on sites within Zones A1-A30, AE and AH shall either:
[a] 
Be on site fewer than 180 consecutive days;
[b] 
Be fully licensed and ready for highway use; or
[c] 
Meet the requirements for manufactured homes in § 75-27E(5)(b), (c) and (d).
[2] 
A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices and has no permanently attached additions.
(b) 
A manufactured home that is placed or substantially improved in Zones A1-A30, AE and AH shall be elevated on a permanent foundation such that the lowest floor is elevated to or above two feet above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
(c) 
Within Zone A, when no base flood elevation data are available, new and substantially improved manufactured homes shall be elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement.
(d) 
Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in § 75-27C(2) (at least two feet if no depth number is specified).
(6) 
Critical facilities. In order to prevent potential flood damage to certain facilities that would result in serious danger to life and health, or widespread social or economic dislocation, no new critical facility shall be located within any area of special flood hazard, or within any five-hundred-year flood zone shown as a B Zone or a Shaded X Zone on the Community's Flood Insurance Rate Maps.
F. 
Appeals.
(1) 
The Zoning Board of Appeals as established by the Town of Rosendale shall hear and decide appeals and requests for variances from the requirements of this section.
(2) 
The Zoning Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the local administrator in the enforcement or administration of this section.
(3) 
Those aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.
(4) 
In passing upon such applications, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other subsections of this section and:
(a) 
The danger that materials may be swept onto other lands to the injury of others;
(b) 
The danger to life and property due to flooding or erosion damage;
(c) 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(d) 
The importance of the services provided by the proposed facility to the community;
(e) 
The necessity to the facility of a waterfront location, where applicable;
(f) 
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(g) 
The compatibility of the proposed use with existing and anticipated development;
(h) 
The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area;
(i) 
The safety of access to the property in times of flood for ordinary and emergency vehicles;
(j) 
The costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding;
(k) 
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
(l) 
The costs of providing governmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
(5) 
Upon consideration of the factors of § 75-27F(4) and the purposes of this section, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.
(6) 
The local administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency upon request.
G. 
Variances. The Zoning Board of Appeals as established by the Town of Rosendale may issue variances from the requirements of this section, subject to the following conditions:
(1) 
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items in § 75-27F(4) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(2) 
Variances may be issued for the repair or rehabilitation of historic structures upon determination that:
(a) 
The proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure; and
(b) 
The variance is the minimum necessary to preserve the historic character and design of the structure.
(3) 
Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that:
(a) 
The criteria of Subsection G(1), (4), (5) and (6) of this section are met; and
(b) 
The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety.
(4) 
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(5) 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(6) 
Variances shall only be issued upon receiving written justification of:
(a) 
A showing of good and sufficient cause;
(b) 
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(c) 
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
(7) 
Notification.
(a) 
Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice, over the signature of a community official, that:
[1] 
The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
[2] 
Such construction below the base flood level increases risks to life and property.
(b) 
Such notification shall be maintained with the record of all variance actions as required in § 75-27D(4)(h).
[1]
Editor's Note: This ordinance also provided for the repeal of former Attachment 3, Riverine Setting, Areas of Special Flood Hazard, and Attachment 4, Special Flood Hazard Area, Typical Cross Section, which were included at the end of this chapter. New Attachment A, Model Floodplain Development Application Form, and Attachment B, Sample Certificate of Compliance, which were included at the end of this ordinance, are on file in the office of the Town Clerk or Building Department.

§ 75-28 Conditional uses allowed by special use permit.

A. 
General provisions. Conditional uses are hereby declared to possess characteristics which require that each specific use shall be considered an individual use. Any use for which a special use permit is granted by the Planning Board shall be deemed a use permitted in the district in which located, except that for any addition or enlargement of such use, a separate special use permit shall be required for each addition or enlargement. A conditional use must be in conformity with the provisions of this chapter and shall affect only the lot or portion thereof for which it shall have been granted.
B. 
Required submissions. An application for a special permit shall be submitted to the Planning Board in accord with all provisions and requirements of § 75-40 of this chapter, including the submission of a site plan with all data set forth in 75-40C(5).
C. 
Basis for deliberation; general provisions. Before issuing a special use permit, the Planning Board shall take into consideration the public health, murals and welfare and shall assure itself of the following:
(1) 
That there shall not be any detrimental effect on other uses within the district by the establishment of such use.
(2) 
That such use will be in harmony with the orderly development of the district, and that the location, nature and height of buildings, walls, fences and parking areas will not discourage the appropriate development and use of adjacent lands.
(3) 
That all structures, equipment and materials shall be reasonably accessible for fire and police protection.
(4) 
That the use meets the prescribed requirements for the district in which located, including minimum yard requirements for the district in which located or as further specified in this chapter and including maximum height, required off-street parking and sign regulations and the following prescribed provisions.
(5) 
All lighting shall be so directed so as not to cause glare on adjacent properties or traffic hazards.
(6) 
The water supply and sewage disposal shall comply with the codes, ordinances and regulations of appropriate authorities.
D. 
Prescribed standards. In addition to the above general provisions, the following uses shall comply with the following prescribed standards:
(1) 
Retail sale of produce grown on the same lot from a road stand.
(a) 
At least five off-street parking spaces shall be provided.
(b) 
Ingress to and egress from such use shall be so arranged as to provide minimum interference with through traffic on the street.
(c) 
Three signs not exceeding an aggregate 50 square feet may be displayed for each establishment, provided that such sign shall be located no closer than 10 feet to any property line and provided, further, that such signs shall not extend more than 10 feet above the ground or, if attached to the building, shall not extend more than 50 feet above the height of the roof of the building at the point of location of the sign.
(2) 
Hospital, nursing home, convalescent home, sanitarium, institution or philanthropic use.
(a) 
The total building area shall not exceed a lot coverage of 30%.
(b) 
Primary access to such use shall not be a minor street serving as access to abutting residential properties.
(c) 
Off-street parking areas and outdoor storage areas shall be screened from adjacent residential properties.
(d) 
No building shall be located within 100 feet of any lot line.
(3) 
Hotel, resort hotel, resort lodge, resort ranch, restaurant, bar or nightclub, skating rink, theater, concert hall, commercial recreation use.
(a) 
Primary access to such use shall not be a minor street designed to serve primarily as access to abutting residential properties, but shall be by means of a street in the collector, arterial, state highway or county road system.
(b) 
Such use shall meet the off-street parking requirements of this chapter. Such off-street parking in connection with such use shall be screened and shielded from adjacent residential properties.
(c) 
No building shall be located closer than 100 feet to any lot line.
(4) 
Camp.
(a) 
No structure shall be located within 100 feet of a side or rear property line or within 50 feet of a street right-of-way line.
(b) 
One off-street parking space shall be provided for each five persons camping and one additional space shall be provided for each two employees.
(c) 
A swimming pool or other recreational activity shall not be located closer than 100 feet to a side or rear property line or within the required front yard and shall be screened from adjacent properties to the sides and rear by a stand of trees, fence, hedge or wall.
(5) 
Two-family dwelling, multifamily dwelling, boardinghouse.
(a) 
General density requirements for two-family and multifamily dwellings.
[1] 
Where permitted in the R-3 and B-1 Districts, and served by both community water and sewer, the minimum lot area for two-family and multifamily dwellings shall be as follows: 3,500 square feet of lot area for one-bedroom, studio or efficiency dwelling unit; 5,500 square feet for a two-bedroom dwelling unit; 7,500 square feet for a three-bedroom dwelling unit; and an additional 1,500 square feet of lot area for each additional bedroom in each dwelling unit.
[2] 
Where permitted in the B-2 District, and served by both community water and sewer systems, as defined in these regulations, the minimum lot area per dwelling unit for multifamily dwellings shall comply with the requirements of the R-2 District, except the requirements set forth in Subsection D(5)(a)[1] above shall apply to multifamily dwellings designed for and exclusively occupied by senior citizens and physically handicapped or physically disabled persons as normally defined by the state or federal government.
[3] 
Where permitted elsewhere in the Town, and where there is either only community water or only community sewer, or where there is no community sewer and water at all, the permitted density per family or multifamily residence shall comply with the minimum lot area as set forth in the Density Control Schedule[1] (§ 75-11).
[1]
Editor's Note: The Density Control Schedule is included at the end of this chapter.
[4] 
Boardinghouse. A boardinghouse shall not contain more than six rentable rooms. Every two rentable rooms in excess of four shall constitute the equivalent of one additional dwelling unit. The permitted density per dwelling unit for the boardinghouses, in any district, shall comply with the minimum lot area per dwelling unit, for one-family homes, as set forth in the Density Control Schedule (§ 75-11).
(b) 
There shall be off-street parking provided on the same lot with the principal use at least equal to the minimum requirements specified by this chapter. Off-street parking accessory to a multifamily dwelling shall not be located in a required front yard or side yard abutting a street and shall be screened from adjacent properties.
(c) 
Traffic generated by multifamily units shall not place undue traffic volumes on minor or local access streets serving single-family residential areas.
(d) 
Bulk requirements.
[1] 
Multifamily dwellings in the R-3 and B-1 Districts, and multifamily dwellings in the B-2 District that are designed for and exclusively occupied by senior citizens and physically handicapped or physically disabled persons, as normally defined by the state or federal government, shall have a minimum lot width of 80 feet, and shall be set back from any side lot line by a minimum distance of 15 feet.
[2] 
All other multifamily dwellings, and two-family dwellings, where permitted elsewhere in the Town, shall conform to all bulk requirements set forth in the Density Control Schedule (§ 75-11) for the particular district in which said dwellings are located.
[3] 
No building shall exceed 200 feet in length.
[4] 
The minimum distance between a principal multifamily building and an accessory building shall be 20 feet.
(e) 
Signs accessory to a multifamily dwelling shall comply with the regulations of § 75-22A(2).
(6) 
Airport and flying field. In addition to the standards specified in the "basis for deliberation" section, there shall be a finding that such airport or flying field shall not cause a hazard to or be detrimental to nearby properties and buildings both in the Town of Rosendale and in adjacent municipalities, considering the location of buildings accessory to the airport or flying field, approach and takeoff patterns and lights.
(7) 
Electric or gas utility substation, transformer station, water or sewage pumping station and other similar structure.
(a) 
Such use is reasonably necessary for the service, convenience or welfare of the public and cannot be located in another district.
(b) 
Such use will not alter or be detrimental to the character of the neighborhood.
(c) 
Such use has adequate fences and other safety devices and adequate screening or landscaping.
(8) 
Mobile homes.
(a) 
The application for a special use permit for a Type 1 or Type 2 mobile home, where provided for in Article III, Use Regulations, shall be accompanied by a report from the Building Inspector indicating the type and condition of mobile home and its conformance to the New York State Uniform Fire Prevention and Building Code.
(b) 
A site plan shall be submitted with the application for a special use permit, including all data set forth in § 75-40C and the following additional data:
[1] 
Plans indicating the design, materials and method of construction of required skirting.
[2] 
Details of the method and design by which the mobile home will be secured to its foundation.
[3] 
Plans, details and/or descriptions of any proposed exterior modifications or additions to the basic mobile home; roof pitch, materials and design; exterior wall materials, color and design; and any other data which will aid the Planning Board in evaluating the design and appearance of the mobile home.
(c) 
In addition to the considerations set forth in Subsection C above, approval of a special use permit for a mobile home shall be based on findings by the Planning Board that:
[1] 
The mobile home will be substantially similar in character to or compatible with single-family homes in the same general neighborhood in terms of roof pitch; foundation design and skirting; exterior wall material, color and design; and orientation on the lot.
[2] 
The size, shape and proportions of the mobile home are compatible with those of single-family homes in the same general neighborhood.
[3] 
The plan for site development, proposed landscaping, natural vegetation and topography of the site are such as to minimize or shield any significant differences between the mobile home and conventional housing on adjacent properties.
(d) 
Notwithstanding the above, no special use permit shall be granted for a mobile home if any part of such mobile home will be located within 400 feet of the district boundary line of an R-2 Residence District.
(9) 
Nonmetallic and nonfuel mining and quarrying. In the A, A-1 and I-1 Districts, where excavation and quarries are permitted, such activities shall be regulated as follows:
(a) 
Excavation and quarrying of more than 1,000 tons or 750 cubic yards of minerals, rock or soil during 12 successive months is regulated under the New York State Mined Land Reclamation Law and shall conform to all standards set forth in that law. In its review of an application for a special use permit, the Planning Board shall consider the proposed reclamation plan, the location of entrances and exits on Town roads and the designation of Town roads for hauling. The Planning Board may also make recommendations to the New York State Department of Environmental Conservation regarding setbacks, barriers to restrict access, dust control and hours of operation.
(b) 
Excavation of less than 1,000 tons of material during 12 successive months may be authorized by the Planning Board upon review of a mining plan which establishes setbacks, hours of operation and a detailed reclamation plan.
(c) 
The Planning Board may waive the requirement for a special use permit for excavation of less than 1,000 tons of material for periods of less than 12 successive months, upon a determination that size and scope of the proposed excavation activity would not be detrimental to the character of the neighborhood in which the excavation site is proposed. In order to render this determination, the Planning Board is authorized to consult with other officials of the Town of Rosendale, and to officials of the New York State Department of Environmental Conservation.
(10) 
Gasoline filling station. In addition to complying with the provisions of § 75-28C, gasoline filling stations shall comply with the provisions of § 75-21.
(11) 
Commercial parking lots. In addition to complying with the provisions of § 75-28C, commercial parking lots shall comply with the provisions of § 75-18H.
(12) 
Accessory apartments. Apartments accessory to the principal use of a building are permitted in the A, A-1, R-1, R-2, B-1 and B-2 Districts, subject to the regulations and standards set forth below. It is the intent of this provision to allow more efficient use of existing large structures; to permit certain structures to be used in accord with their original design; to enhance the economic return of such structures; and to expand rental housing opportunities in the Town, particularly for small families. A second dwelling unit in an existing structure may be permitted, subject to the issuance of a special permit by the Planning Board and the following conditions, without an increase in lot area:
(a) 
Size and age of structure. An accessory apartment may be located in the principal dwelling, provided that such principal dwelling existed prior to January 1, 1995, contains a minimum of 2,000 square feet of habitable space and conforms to the other requirements of this chapter, unless a variance therefor shall have been granted by the Planning Board.
(b) 
Apartment size. The minimum floor area for an accessory apartment shall be 350 square feet, but in no case shall it exceed 25% of the habitable area of the dwelling in which it is located or 600 square feet, whichever is less, unless, in the opinion of the Planning Board, a greater or lesser amount of floor area is warranted by the specific circumstances of the particular building.
(c) 
Number of accessory apartments and dwelling units per lot. There shall be no more than one accessory apartment or a total of two dwelling units permitted per lot.
(d) 
Exterior appearance. To the degree reasonably feasible, the exterior appearance of the building shall not be altered.
(e) 
Water and sewer service. Prior to the issuance of a building permit for the establishment of an accessory apartment in a principal dwelling, approval of the proposed method of water supply and sewage disposal shall be obtained.
(f) 
Off-street parking. One additional off-street parking space shall be provided for the accessory apartment. In no case shall there be parking space for less than a total of three cars on the property.
(13) 
Certain uses which may be included as manufacturing uses in Groups 23, 25, 31, 321, 322, 323, 326, 328, 391, 393, 394 and 396 may be permitted in B-1 and B-2 Districts. The intent of this provision is to permit the establishment of craft shops, including but not limited to furniture making, pottery and glass making, leather crafting, jewelry making and similar uses. Such uses will be permitted subject to the following conditions:
(a) 
At least 25% of the goods produced on the premises are available for retail sale on the premises in space designed for display and sale of goods.
(b) 
No more than three persons are employed whose primary function is the manufacture of goods.
(c) 
The use does not generate noise, vibration, light, glare, smoke or similar emissions beyond those normally associated with a retail use.
(d) 
There is no external storage or display of unfinished goods or raw materials.
(14) 
Commercial telecommunications facilities. No commercial communications facility (CTF) shall hereafter be used, erected, moved, reconstructed, changed or altered unless in conformity with these regulations. No existing structure shall be modified to serve as commercial communications tower unless in conformity with these regulations.
[Amended 9-13-2000 by L.L. No. 4-2000; 2-11-2004 by L.L. No. 1-2004]\
(a) 
Purposes. The purposes of this section are to:
[1] 
Preserve the character and appearance of the Town while simultaneously allowing adequate telecommunications services to be developed, and provide a sufficient number of locations to accommodate the needs of telecommunications service providers;
[2] 
Protect the scenic, historic, environmental, and natural or man-made resources of the community;
[3] 
Provide standards and requirements for regulation, placement, construction, monitoring, design, modification, and removal of commercial telecommunications service facilities;
[4] 
Establish a systematic review process that ensures action within a reasonable period of time for requests for authorization to place, construct, operate, or modify commercial communications towers;
[5] 
Preserve property values;
[6] 
Minimize the total number and height of facilities throughout the community while providing adequate coverage for the Town of Rosendale;
[7] 
Locate commercial telecommunications service facilities so that they do not have negative impacts, such as, but not limited to, attractive nuisance, noise and falling objects, on the general safety, welfare, and quality of life of the community;
[8] 
Require owners or sponsors of commercial communications towers to configure them so as to minimize and mitigate the adverse visual impact of the facilities.
(b) 
Site plan review.
[1] 
An applicant shall be required to submit a site plan in accordance with § 75-40C. The site plan shall show all existing and proposed structures and improvements, including roads, buildings, tower(s), guy wire anchors, parking and landscaping, and shall include grading plans for new facilities and roads. The cost of any reviews by outside experts deemed necessary by the Planning Board to fulfill any of its responsibilities under § 75-28D(14) shall be at the applicant's expense.
[2] 
Each application shall be submitted within 10 days of receipt to the Rosendale Environmental Commission for review. The Planning Board shall take no action until the Commission has submitted its comments or a period of 45 days from the date of referral has expired.
(c) 
Supporting documentation. In addition to the site plan, the applicant shall also submit the following:
[1] 
For any facility Type 3, 4 or 5 as set forth in Subsection D(14)(d) below: a "zone of visibility" map showing all land area within five miles of the proposed facility from which the proposed facility will be visible. In addition, a brightly colored balloon with a three-foot diameter shall be suspended at the maximum height of the proposed facility for at least four hours at a time and date specified by the Planning Board. The applicant shall place an advertisement announcing such test in the Town's official paper at least seven and no more than 10 days prior to the test. Based on the results of the map and balloon test, the Planning Board may require submission of additional data, including, but not limited to, a visual simulation of the proposed facility from specific viewpoints as set forth in Subsection D(14)(k) below.
[2] 
A map and written documentation of any facility sites in the Town of Rosendale and abutting towns in which the applicant, its affiliates, agents, successors or assigns controls or has a legal or financial interest. From each such facility site, it shall demonstrate with written documentation that these facility sites are not already providing or do not have the potential to provide adequate coverage and/or adequate capacity to the Town of Rosendale. The documentation for each facility site listed shall include but not be limited to the exact location, ground elevation, height of tower or structure, type of antennas, antenna gain, height of antennas on tower or structure, output frequency, number of channels, radial plots, power input and maximum power output per channel. Similar documentation shall be provided for all facility sites in the Town of Rosendale and in abutting towns in which the applicant has no controlling legal or financial interest.
[3] 
Buildout plan. With any carrier's first application for a commercial telecommunications facility following the date of passage of this Subsection D(14), a buildout plan shall be submitted which depicts the general location, height and design of all other facilities which are deemed necessary within the Town to accomplish the applicant's coverage objectives and capacity requirements. Such buildout plan shall be based on the height, location and output of the initial proposed facility and shall include predicted coverage propagation plots indicating the signal level depicted showing all existing and future facilities within the Town and within a five-mile radius of the Town's boundaries. The buildout plan shall include a narrative which explains the basis for selecting or eliminating sites.
[4] 
Alternative buildout plans. If the applicant is proposing a Type 3, 4 or 5 facility, as defined in Subsection D(14)(d) below, the buildout plan described above shall be accompanied by an alternative plan(s) utilizing a combination of Type 1 or 2 facilities.
(d) 
Preferred types of facilities.
[1] 
The preferences set forth below are intended to implement the following policies regarding location and design of CT facilities:
[a] 
The visibility of a facility shall be limited to the absolute minimum necessary to provide adequate service.
[b] 
Visibility shall be kept to a minimum by use of a combination of appropriate techniques including height limits, color and texture of material, camouflage or "stealth" design, size, scale and shape of equipment.
[c] 
Limited visibility is most important when a CT facility is located within or visible from significant viewsheds, open spaces or historic sites.
[d] 
Collocation of facilities is preferred to new facilities only when such collocation does not increase the height or visibility of the CTS facility.
[e] 
Several small facilities which have minimal visibility are preferred to one facility which has significant visibility.
[f] 
Type 4 or 5 facilities shall only be approved if the applicant can demonstrate that adequate service cannot be provided by use of Type 1, 2 or 3 facilities.
[2] 
Therefore, it is the policy of the Town of Rosendale that preference be given to the location and design of commercial communications facilities in the following descending order:
[a] 
Type 1: facilities that are incorporated into the design of new or existing structures such as church steeples, farm silos, flagpoles, light standards, water towers, etc., in such a way that the commercial communications tower is indistinguishable from the structure itself.
[b] 
Type 2: facilities that are attached to or mounted on existing tall structures but do not increase the height of such structure by more than 10 feet, or facilities which simulate a tree or other natural feature.
[c] 
Type 3: facilities that are collocated on existing commercial telecommunications towers that have previously been approved under this section or on existing towers for high-tension transmission lines as set forth in § 75-56 of this chapter.
[d] 
Type 4: new commercial communications towers located on the same site as a similar tower previously approved under this section.
[e] 
Type 5: new commercial communications towers on new sites.
(e) 
Location. Commercial communications towers shall only be located, upon issuance of a special permit, in accord with the following standards:
[1] 
No commercial communications facilities shall be located in the following areas:
[a] 
The area bounded by the Coxing Kill on the west; the Rondout Creek on the north; the right-of-way of the former Wallkill Valley Railroad on the east and the New Paltz Town Boundary on the south.
[b] 
Any portion of Tax Parcel 62.004-2-15.1 (Joppenburgh Mtn.) above elevation 300 feet unless developed as a Type 1 or 2 facility or attached to an existing transmission tower.
[2] 
Commercial communications towers and facilities which qualify as preferred facility Types 1 or 2, as defined in § 75-28D(14)(d) are permitted at any location in Town, with the exception of the area excluded in Subsection D(14)(e)[1] above.
[3] 
Commercial communications towers and facilities which qualify as Types 3, 4 or 5 as defined in § 75-28D(14)(d) shall be permitted only within 500 feet of the center line of any electric power transmission lines that come within the definition of "high-tension line" as set forth in § 75-56 of this chapter, except that no such towers or facilities shall be located between Route 32 and the former Wallkill Valley Railroad in the hamlet of Rosendale. Preference shall be given to facilities located on existing transmission towers where such facility does not increase the height or visibility of said tower.
[4] 
The use of repeaters to assure adequate coverage, or to fill holes within areas of otherwise adequate coverage, while minimizing the number of required towers is permitted and encouraged in locations described in Subsection D(14)(e)[2] and [3] above. An applicant who has received a special permit under this section may install one or more additional repeaters upon approval of a site plan by the Planning Board. For the site plan review, the applicant(s) shall detail the number, location, power output, and coverage of any proposed repeaters in their systems and provide engineering data to justify their use.
(f) 
Design standards.
[1] 
Type 2 facilities located on existing utility poles or similar structures shall be of a size, color and profile to minimize visibility.
[2] 
Type 2 facilities (collocated) shall be designed so that the height of the structure is not increased and the existing design elements are maintained.
[3] 
Type 3, 4 and 5 facilities shall be subject to the following standards:
[a] 
The facility shall not be sited in an open field, meadow or similar unwooded area.
[b] 
The maximum height of any facility shall not exceed 15 feet above the average tree height as measured within a one-hundred-foot radius of the facility or 10 feet above the height of the tallest tree within a fifty-foot radius of the facility, whichever is less.
[c] 
No facility shall be silhouetted against the sky as seen from any viewpoint located 1,000 feet or more from the base of the facility.
[d] 
Unless specifically required by other regulations, all facilities shall have a neutral, earth-tone or similar painted finish that will minimize the degree of visual impact that a new facility may have.
[4] 
Antennas should be designed with a minimum of protruding elements and shall be as close to the supporting building, pole or tower as possible.
[5] 
Equipment shelters and similar accessory structures shall be of the minimum size necessary and either concealed in existing structures or utilize materials, colors, shapes and textures to blend with the immediate surroundings or buried underground.
[6] 
No new antenna or ground equipment shall be placed on any existing facility or at any existing facility site which is nonconforming with respect to the height or setback standards set forth herein.
[7] 
Except as required by law, no tower, antenna or ground equipment shall be lighted in such a way that the light source or any illumination is visible beyond the boundaries of the property.
(g) 
Shared use of existing towers. At all times, shared use of existing towers shall be preferred to the construction of new towers, provided any additional equipment does not increase the height or visibility of the existing facility. An applicant shall be required to present an adequate report inventorying existing towers and other facilities within reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities as an alternative to a proposed new tower.
[1] 
An applicant proposing to share use of an existing tower shall be required to document intent from an existing tower owner to allow shared use.
[2] 
The Planning Board may consider a new commercial communications tower where the applicant demonstrates that shared usage of an existing tower is impractical. The applicant shall be required to submit a report demonstrating good-faith efforts to secure shared use from existing towers as well as documentation of the physical and/or financial reasons why shared usage is not practical. Written requests and response for shared use shall be provided.
(h) 
Shared usage of site with new tower. Where shared usage of an existing tower is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Subsection D(14)(c)[1] and [2] above. Any new commercial communications tower approved for an existing tower site shall be subject to the standards of Subsection D(14)(j) through (r) below.
(i) 
New tower at a new location. The Planning Board may consider a new commercial communications tower on a site not previously developed with an existing tower when the applicant demonstrates that shared usage of an existing tower site is impractical, and submits a report as described in Subsection D(14)(c)[2] above.
(j) 
Future shared usage of new towers. The applicant must examine the feasibility of designing a proposed commercial communications tower to accommodate future demand for commercial broadcasting and reception facilities. The scope of this analysis shall be determined by the Planning Board. This requirement may be waived, provided that the applicant demonstrates that provisions of future shared usage of the facility is not feasible and an unnecessary burden, based upon:
[1] 
The number of Federal Communications Commission (FCC) licenses forseeably available for the area;
[2] 
The kind of tower site and structure proposed;
[3] 
The number of existing and potential licenses without tower spaces;
[4] 
Available spaces on existing and approved towers; and
[5] 
Potential adverse visual impact by a tower designed for shared usage.
(k) 
Setbacks for new towers. All proposed Type 4 or 5 commercial communications towers and accessory structures shall be set back from abutting residential parcels, public property or street lines a distance sufficient to contain on site substantially all ice-fall or debris from tower failure and preserve the privacy of adjoining residential properties.
[1] 
All tower bases must be located at a minimum setback from any property line at a distance of 500 feet or the distance between the tower base and guy wire anchors, whichever is greater. However, no facility shall be located within 1,500 feet of a district or structure listed, or eligible for listing, on the National or State Register of Historic Places.
[2] 
Accessory structures and repeaters must comply with the minimum setback requirements in the underlying district.
(l) 
Visual impact assessment. The Planning Board shall require the applicant to undertake a visual impact assessment of any proposed new towers or any proposed modifications of an existing tower. Construction of a new tower or modification of an existing tower shall be subject to the relevant guidelines and criteria below that are determined by the Planning Board at the presubmission conference to be appropriate:
[1] 
Assessment of "before and after" views from key viewpoints both inside and outside of the Town, including state highways and other major roads, from state and local parks, other public lands, from any privately-owned preserves and historic sites normally open to the public, and from any other location where the site is visible to a large number of visitors or travelers. In its review of the visual impact assessment, the Planning Board shall consider, among other impacts, the visibility of the facility above nearby ridgelines, its height in relation to the tree crown in the surrounding area, its color and materials in relation to those of nearby structures and other factors which contribute to or detract from the harmony of the visual environment.
[2] 
Assessment of alternative tower designs and color schemes, as described in Subsection D(14)(m) below.
[3] 
Assessment of visual impact of the tower base, guy wires, accessory buildings and overhead utility lines from abutting properties and streets.
(m) 
New tower design. Alternate designs shall be considered for new towers, including lattice and single pole structures and facilities that simulate natural features or indigenous structures (steeples, silos, etc.). The design of a proposed new tower shall comply with the following:
[1] 
Unless specifically required by other regulations, all towers shall have a neutral, earth-tone or similar painted finish that will minimize the degree of visual impact that the new tower may have.
[2] 
The height of any new tower shall be below that which would require the need for artificial lighting.
[3] 
Any new tower shall have the minimum height needed to provide future shared usage consistent with all standards of this Subsection D(14).
[4] 
The Planning Board shall require a review of the application by a qualified structural engineer or other expert for evaluation of need for height and design of any new tower.
[5] 
Accessory facilities shall maximize use of building materials, colors and textures designed to blend with the natural surroundings.
(n) 
Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to approval of the special permit. Clear-cutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited.
(o) 
Screening. Deciduous or evergreen tree plantings shall be required where deemed necessary to screen portions of the tower and accessory structures from nearby residential property as well as from public sites known to include important views or vistas. Where the site abuts residential or public property, including streets, the following vegetative screening shall be required. For all towers, at least one row of native evergreen shrubs or trees capable of forming a continuous hedge at least 10 feet in height within two years of planting shall be provided to effectively screen the tower base and accessory facilities. In the case of poor soil conditions, planting may be required on soil berms to assure plant survival. Plant height in these cases shall include the height of any berm. The effectiveness and condition of screening shall be reviewed by the Town Board at the time of the annual application for license renewal, as set forth in Subsection D(14)(y) below, and correction of any deficiencies shall be a condition of license renewal.
(p) 
Access. Adequate emergency and service access shall be provided. Maximum use of existing roads, public or private, shall be made. Road construction shall, at all times, minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts, or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.
(q) 
Parking. Parking shall be provided in accordance with § 75-19A(3)(d). No parking space shall be located in any required yard.
(r) 
Fencing. Sites of proposed new towers and sites where modifications to existing towers are proposed shall be adequately enclosed by a fence designed in accordance with § 75-18G, unless the applicant demonstrates to the Planning Board that such measures are unnecessary to ensure the security of the facility. The applicant shall be wholly responsible for ensuring that the communications facility site and all structures situate thereon are safe and secure for all purposes, uses and activities.
(s) 
Removal of facilities.
[1] 
Any commercial communications tower which ceases to operate for a period in excess of six months shall be wholly removed from the site. "Cease to operate" is defined as not performing all normal functions associated with operation of the commercial communications tower and its equipment on a continuous basis for a period in excess of six months.
[2] 
Prior to special use permit approval being granted by the Planning Board, the commercial communications tower applicant, sponsor, lessee, contract vendee or owner, their successors and assigns shall obtain a financial surety, bond or similar undertaking sufficient to cover the entire cost of removal of the commercial communications tower and related facilities such as power lines, transformers, etc., and the reclamation of the affected landscape to substantially the same condition as prior to the facilities construction. Said financial surety, bond or similar undertaking shall be in an amount acceptable to the Planning Board and substantiated by a qualified and independent engineering expert as designated by the Planning Board.
[3] 
As part of the application process the applicant shall submit to the Planning Board a letter of commitment, which shall commit the commercial communications facility owner and its successors and assigns to notify the Building Inspector, in writing, within 30 days of the discontinuance of use of the facility. Failure to notify and thereafter remove the facility and all appurtenances within a period not to exceed six months from the giving of said written notice shall be deemed a violation punishable under applicable provisions of the Town of Rosendale Zoning Law. Notwithstanding this provision, the Building Inspector shall have the right to independently investigate any discontinuance of the facility and render a written determination setting forth the extent, duration and facts evidencing the violation and the discontinuance of the facility. Upon rendering said written determination, written notice of the determination shall be provided to the owner and the lessees of the facility and the owners of the real property upon which the facility is situate by certified mail, return receipt requested. Upon proven receipt of the notice of the determination by the facility owner, any lessee of the facility and the owners of the real property said facility is situate thereon, the Building Inspector and the Town of Rosendale may commence legal proceedings to levy upon the financial surety, bond or similar undertaking and have the facility removed from the site in accordance with all applicable law.
[4] 
Upon recommendation of the Planning Board, the Town Board may waive or defer the requirement that a commercial communications tower be removed if it determines that retention of such tower is in the best interest of the Town.
(t) 
Maintenance and/or performance bond. The Planning Board shall require the applicant and/or owner to post and file with the Town Clerk of the Town of Rosendale prior to approval of any application and/or license a maintenance and/or performance bond in an amount sufficient to cover the installation, maintenance and/or construction of said facility during its lifetime, including all screening, landscaping and accessory structures. The amount required shall be determined in the sole discretion of the Planning Board, based upon the unique characteristics of the tower and site. In furtherance of the foregoing, the applicant and/or owner shall cooperate with the Planning Board in supplying all necessary construction and maintenance data to the Board prior to approval of any application and/or license to accomplish the foregoing.
(u) 
Structural inspection.
[1] 
The commercial communications tower owner shall establish an escrow with the Town of Rosendale to pay for an independent licensed structural engineer, hired by the Town of Rosendale to conduct inspections of the facility's structural integrity and overall safety every two years. A written report of the inspection results shall be prepared by the licensed structural engineer and submitted to the Building Inspector for review and action thereon. Any modification of any existing commercial communications tower shall require a structural inspection. For the purposes of this subsection, "modification" is defined as any alteration, change or proposed change in structure or dimension of an existing facility, number of antennas, power input or output, change in antenna type or model, repositioning of any antenna, change in any portion of the facility capable of receiving or transmitting signals or other medium of communications of any nature.
[2] 
Should the inspection of any commercial communications tower reveal any defect or change which the Building Inspector determines renders the facility, or portion thereof, unsafe, the Building Inspector shall notify the facility owner of the unsafe conditions and thereafter take necessary actions under law to have the unsafe conditions remedied.
[3] 
Any modification of any existing facility shall require a structural analysis which shall be submitted to the Building Inspector for review. For the purposes of this subsection, "modification" is defined as any alteration, change or proposed change in structure or dimension of an existing facility, number of antennas, change in antenna type or model and repositioning of any antenna.
(v) 
Criteria for approval. Notwithstanding any other findings which it may make, the Planning Board shall specifically make all of the following findings before granting the special use permit:
[1] 
That applicant is not already providing adequate coverage and/or adequate capacity to the Town of Rosendale; and
[2] 
That applicant is not able to use existing facilities or sites to provide adequate coverage and/or adequate capacity to the Town of Rosendale; and
[3] 
That the applicant has agreed to rent or lease available space on the facility, under the terms of a fair-market lease, without discrimination to other communications tower providers; and
[4] 
That proposed communications tower does not exceed the minimum height required to provide adequate service and will not have a significant adverse impact on historic resources, scenic views, residential property values, natural or man-made resources; and
[5] 
That the proposed communications tower shall comply with all FCC regulations regarding emissions of electromagnetic radiation and that the required monitoring program is in place and shall be wholly paid for by the applicant.
(w) 
Authority to impose conditions.
[1] 
The Planning Board shall have the authority pursuant to special use permit review to impose such reasonable conditions as are directly related to and incidental to the proposed commercial communications tower, including that the special permit may require periodic renewal.
[2] 
The Planning Board shall act and render any special use permit final decision upon an application for a commercial communications tower in conformance within 47 USC § 332(7) of the Telecommunications Act of 1996, as promulgated and amended. In addition to the definition set forth in the Town of Rosendale Zoning Law, the term "commercial communications tower" shall be deemed to encompass and regulate "personal wireless service facilities" as said facilities are defined at 47 USC § 332(7)(c)(i-iii).
(x) 
Monitoring and evaluation of compliance.
[1] 
Pretesting. After the granting of a special permit and before the facility begins transmission, the applicant shall retain an independent consultant to monitor the background levels of EMF radiation around the proposed facility site and/or any repeater locations to be utilized for applicant's facility. The independent consultant shall use a monitoring protocol consistent with accepted engineering practice. A report of the monitoring results shall be prepared by the independent consultant and submitted to the Planning Board.
[2] 
Post testing. Within 30 days after transmission begins, the owner(s) of any facility located on any facility site shall retain an independent consultant to conduct testing and monitoring of EMF radiation emitted from said site and report results of said monitoring to the Code Enforcement Officer within 15 days. The independent consultant shall use actual field measurement of radiation, utilizing a monitoring protocol consistent with accepted engineering practice to measure levels of EMF radiation from the facility site's primary antennas as well as from repeaters (if any).
[a] 
CT facility owner(s) shall provide the Code Enforcement Officer with copies of the annual report on emission compliance, certified by a licensed engineer, which is submitted to the FCC.
[b] 
Any modification of an existing CTS facility, or the activation of any additional permitted channels, shall require new monitoring.
[3] 
Excessive emissions. Should the monitoring of a facility site reveal that the site exceeds the FCC OET-65 standard, then the owner(s) of all facilities utilizing that site shall be so notified. The owner(s) shall take all necessary measures to reduce emission within 30 days of initial notification of noncompliance. Failure to accomplish this reduction of emission to comply with the FCC OET-65 standard within 30 days of initial notification of noncompliance shall be a violation of the special use permit and subject to penalties, fines and enforcement as specified in this Zoning Law. Such fines shall be payable by the owner(s) of the facilities with antennas on the facility site, until compliance is achieved.
[4] 
All structural and nonstructural elements of the site, including towers, accessory structures, landscaping and "stealth" design features, shall be maintained in the condition on which the original special permit was based.
(y) 
License. Simultaneously with the filing of an application for a special use permit as required by this Subsection D(14), the applicant and/or owner shall file an application to operate said tower in accordance with the requirements of this Subsection D(14). Approval of said license application and the issuance of a license, subject to approval of a special use permit, shall be a requirement which must be fulfilled by the applicant and/or owner prior to approval and receipt of a special use permit required under this Subsection D(14). This license application may be obtained from the Town Clerk of the Town of Rosendale, and the license, which shall expire one year after its issuance, must be approved by the Town Board of the Town of Rosendale on an annual basis. The applicant shall be required to pay an annual fee, the amount of which shall be determined by the Town Board of the Town of Rosendale in its sole discretion based on the unique characteristics of the site and taking into consideration the cost of its implementation and processing. As part of the application for said license, the applicant shall file with the Town Clerk of the Town of Rosendale proof of casualty and liability insurance in a form and amount which shall be determined and approved by the Town Board of the Town of Rosendale in its sole discretion. Said insurance must remain in full force and effect during the term of the license. Termination of insurance shall result in the immediate revocation of this license, and revocation, suspension and/or expiration of said license shall be immediate grounds to vacate, rescind and set aside the applicant's authority to operate said tower. In the event the Town of Rosendale determines that due to termination of insurance and/or for any other cause, which shall include the applicant's failure to abide by any of the conditions of the special use permit or any provision of this Subsection D(14), said applicant and/or owner shall be entitled to five days' notice to cure, after which, in the event the applicant and/or owner does not correct the defect complained of, this license shall immediately terminate. Termination of said license shall be grounds to immediately revoke the special use permit, and any action taken shall be in the sole discretion of the Town Board.
(z) 
Definitions. The following definition(s) shall apply to terms used in this section:
ADEQUATE COVERAGE
Coverage is considered to be "adequate" within that area surrounding a base station where the predicted or measured median field strength of the transmitted signal is greater than -95 dbm. It is acceptable for there to be holes within the area of adequate coverage where the signal is less than -95dbm, as long as the signal regains its strength to greater than -95 dbm further away from the base station. For the limited purpose of determining whether the use of a repeater is necessary or desirable, there shall be deemed not to be adequate coverage within said holes. The outer boundary of the area of adequate coverage, however, is that location past which the signal does not regain a strength of greater than -95 dbm.
REPEATER
A micro or macro cell designed to extend personal wireless service to areas which are not able to receive adequate coverage directly from a base station, using the same channels as the base station.
(15) 
Logging camps and contractors and commercial logging.
(a) 
Applicability. These provisions shall apply to all parcels of three or more acres on which logging or timber harvesting operations are proposed, whether on one to be harvested or two or more contiguous lots under common ownership. Persons or corporations permitted to undertake logging operations shall only be those on the current list of Cooperating Timber Harvesters as maintained by the New York State Department of Environmental Conservation.
(b) 
Exemptions. These provisions shall not apply to the following:
[1] 
Harvesting of trees and firewood for the personal use of the property owner on the same site.
[2] 
Reasonable site clearing preparatory to construction of a building for which a building permit has been issued.
[3] 
Clearing of land for rights-of-way for utilities, subject to the provisions and requirements of Chapter 66 of the Town Code, entitled "Trees."
[4] 
Clearing and maintenance of land for agricultural purposes.
[5] 
Harvesting of Christmas trees.
[6] 
Any other removal of timber from a lot in quantities less than 20 standard cords of wood, 2,000 cubic feet or 10,000 board feet, as measured by the international one-fourth-inch Log Rule, within any given calendar year.
(c) 
Properties in state programs exempted. Lands anywhere in the Town which are enrolled under § 480-a of the New York State Real Property Tax Law, and its predecessor, the Fisher Forest Act, are exempted from these provisions, provided that:
[1] 
A copy of a valid certificate of approval of enrollment in either § 480-a or the Fisher Forest Act is presented to the Building Inspector, or the Logging Inspector, if one is designated by the Town Board, prior to the commencement of any commercial logging operations.
[2] 
A copy of the renewal forms certifying continued enrollment of a parcel in the § 480-a program is filed annually in years of active logging with the Building Inspector.
[3] 
A copy of file maps and management plan from Fisher Forest Act or § 480-a is submitted in conjunction with a certificate of approval.
[4] 
Subsections D(15)(j) and (k) below, pertaining to buffers and hours of operations, are complied with in full, irrespective of the requirements of § 480-a or the Fisher Forest Act.
(d) 
Management plan. The site plan shall include a forest management plan that shows the following information:
[1] 
Land area of the site to be logged.
[2] 
Location of the site on a Tax Map, a USGS topographic map and a USDA soils survey map.
[3] 
Approximate existing number of trees.
[4] 
Approximate number of trees to be harvested.
[5] 
Assessment of streams, water bodies and wetlands on the site and of impact of logging activities upon these features.
[6] 
Assessment of specific soil types and slopes present on site and of erosion and stormwater control measures to be implemented.
[7] 
Measures to preserve wildlife habitats, and listing of known threatened and endangered species.
[8] 
Measures to preserve aesthetic values.
[9] 
Maintenance and repair of public roads, loading areas and access paths.
[10] 
Establishment of buffer zones to mitigate visual impact of the site from adjoining roads, neighboring parcels and nearby prominent elevations unless specifically based on public comment on the logging plan.
[11] 
Cleanup and reclamation plans.
[12] 
The location of major skid roads and loading areas.
[13] 
A time schedule for all above activities.
(e) 
Consultant's services. The Planning Board may engage a forestry consultant from the list of Cooperative Consultant Foresters, as maintained by the New York State Department of Environmental Conservation, to examine the commercial logging proposal. The cost of these services shall be the responsibility of the applicant, in accordance with the provisions of § 75-40E of this chapter.
(f) 
Requisite to approval of the management plan is that it be consistent with the Timber Harvesting Guidelines of New York (to be distributed with all applications under this section); or Section 11, Timber Harvesting Standards, of the New York State Forest Practice Board's Recommended Model Timber Harvesting Ordinance.
(g) 
Necessary agreements. The Planning Board shall receive and approve a signed contract between the timber harvester and property owner(s), which shall include a performance guaranty in a form determined acceptable to the Town Board, such guaranty naming the Town of Rosendale as an insured party, and filed with the Town Clerk, to insure proper cleanup and implementation of the forest management plan and to insure consistency with the Timber Harvesting Guidelines of New York, or Section 11, Timber Harvesting Standards, of the New York State Forest Practice Board's Recommended Model Timber Harvesting Ordinance. However, any financial arrangements between the timber harvester and the property owner(s) may be deleted from the copy of the signed contract submitted to the Planning Board. In addition, the Planning Board may waive the requirement of a performance guaranty in situations where, based on the circumstances unique to the property, its neighborhood setting or scope of proposed logging, requirement of such a guaranty would result in an unnecessary hardship, and provided that copies of any written agreements between the landowner, or his or her agent, and the timber harvester, for such site cleanup and management issues, are provided to the Planning Board and Logging Inspector.
(h) 
State regulations. All regulations promulgated by the New York State Department of Environmental Conservation shall be strictly adhered to by the holder of the special use permit, and all required stream or wetland disturbance permits shall be secured and in effect before the commencement of logging.
(i) 
Access. Where a proposed commercial logging operation is to use or develop an access onto a Town Highway, such proposal shall be referred to the Town Highway Superintendent, who shall approve such access, subject to the following conditions:
[1] 
Proper posting of site entrance and exit signs, including "truck entrance" signs.
[2] 
No skidding of timber shall be permitted across Town highways as part of the logging operation at any time.
[3] 
The Town highway shall be cleared of dirt, mud and vegetation debris on a daily basis to the satisfaction of the Town Highway Superintendent.
[4] 
The logging contractor or operator shall be held responsible for any damage to the pavement, shoulder or drainage facilities of a Town highway, and the Town Highway Superintendent shall inspect the logging operation on a frequent basis to determine if such damage has occurred.
[5] 
All logging operations within the Town of Rosendale adjacent to any Town road shall post a cash bond, letter of credit, certified check or other form of financial surety as determined appropriate by the Town Board, payable to the Town in the penal sum of an amount to be determined by resolution of the Town Planning Board for each logging operation or loading area location. An additional sum in an amount to be determined by resolution of the Town Planning Board shall be deposited with the Town for each additional loading area. The loading area shall consist of not more than 100 linear feet adjacent to one side of a Town highway. The Town Highway Superintendent shall be consulted to provide a written estimate in the amount of such financial surety. The requirement of providing financial surety may be waived only upon a written determination by the Town Highway Superintendent that such surety is not necessary.
[6] 
The Town of Rosendale Highway Superintendent may issue any appropriate directive to prevent or repair damage to any Town road or bridge, caused by the logging operation. Logging operations having access onto a state highway or county road shall have the access reviewed and approved by either the State Department of Transportation or the County Department of Public Works, and such access shall adhere to the conditions, including performance guaranties, that these agencies may require.
(j) 
Buffers.
[1] 
No logging shall take place within 50 feet of any street line, or 75 feet of any pavement or center lines of any public street in the Town. Trimming and cutting of trees within this buffer, only for purposes of maintaining overhead utility wires, is permitted subject to the provisions of Chapter 66 of the Town Code, Trees.
[2] 
All logging operations shall generally be located no closer than 50 feet to any property line, or no closer than 150 feet to any residence, whichever is greater. Any portable sawmills and similar equipment must be located no closer than 100 feet to any property line, or no closer than 200 feet to any residence, whichever is greater. Notification of neighboring property owners shall be required, and if, upon notification, a neighboring landowner with a residential dwelling located less than 150 feet from the proposed logging area, or less than 200 feet from any proposed location of any portable milling equipment, provides written permission to the applicant, the Planning Board may reduce the required buffer. A "logging operation" shall include the terms "landing," "logging debris" and "logging operation" as defined in Section 2, Timber Harvesting Standards, of the New York State Forest Practice Board's Recommended Model Timber Harvesting Ordinance.
[3] 
An off-street parking area for logging equipment and other vehicles shall be located on the logging site and no closer than 50 feet to any street line.
(k) 
Hours of operation.
[1] 
No operations shall take place between 7:00 p.m. and 7:00 a.m., local time.
[2] 
Because of narrow roads and potential conflicts with school bus operations, the Planning Board may further restrict the hours during which logs may be transported over the public highway system.
(l) 
Site cleanup.
[1] 
All debris, resulting from logging operations, within 50 feet of the highway shall be cleaned and removed by the applicant.
[2] 
No equipment shall be abandoned, nor shall any solid or liquid waste be dumped or otherwise deposited on the site.
(m) 
Insurance and liability. The applicant of any proposed logging operation shall provide for a certificate of insurance filed with the Town Clerk, naming the Town as the co-insured or additional insured party. The liability shall hold the Town harmless in any logging operation and shall be in an amount determined by the Town Planning Board and shall include attorney's and other legal fees.
(n) 
Penalties for offenses. Any violation of this section or any logging or timber harvesting activity which would be subject to these regulations but which is conducted without any required approvals shall be considered a violation of the zoning regulations. All such violations shall be subject to the penalties set forth in § 75-55 of this chapter.
(16) 
Adult businesses.
[Added 8-13-2003 by L.L. No. 3-2003]
(a) 
Findings and purpose.
[1] 
Findings.
[a] 
The Town Board hereby finds that certain business activities categorized as adult uses by their nature have serious, objectionable characteristics related to their operation which can lead to a significant deleterious impact on the surrounding community. The Board further finds that the unrestrained proliferation and/or concentration of such businesses is inconsistent with existing development and future plans for the Town of Rosendale in that they often result in influences on the community which increase the crime rate and undermine the economic, cultural, and social welfare of the community. The deleterious effects of these businesses change the economic, social and cultural character of the existing community and adversely affect existing businesses and community and family life. These findings are based on studies and findings regarding such uses which have been undertaken by and incorporated in legislation enacted by other communities, including the City of Kingston and Town of Islip, New York; Austin, Texas; Indianapolis, Indiana; and Los Angeles, California, as well as the opinions expressed by local residents and business owners.
[b] 
The Town Board further finds that the Town of Rosendale is particularly vulnerable to the effects of adult businesses since it is a rural community containing several historic hamlets and is in close proximity to Ulster County Community College. The Town's resources would be severely strained if called upon to address the potential increased demand for crime prevention, degradation of the community's unique and fragile retail area, the potential decline in property values and overall quality of the community that the proliferation of such uses could dangerously affect.
[c] 
The Town Board further finds that adult uses are commercial uses which are appropriately located only in business or industrial districts. The Town has two types of business districts. The B-1 District is located in a number of historic hamlets and includes other local business uses in close proximity to surrounding residences. The B-2 District is primarily located along Route 32 in the Town's main highway business area although it also includes other businesses and is near residences. The I-1 Industrial District is located in four separate areas. This situation makes it very difficult to establish appropriate locations for the full array of possible adult uses in a manner which will not alter the character of the business district or generate adverse impacts on nearby residences. Therefore, the Town Board has determined that there are no appropriate locations for adult uses that provide on-site entertainment and the assemblage of crowds and attendant noise and traffic within the B-1 and B-2 Districts. Such uses may be appropriate in the I-1 District subject to specific standards.
[2] 
Purpose. The purpose of this Subsection D(16) is to prevent the unrestricted proliferation of adult businesses and to ensure that the effects of such businesses will not adversely affect the health, safety and economic well-being of the community by enacting criteria for the establishment of adult business uses in the Town.
(b) 
Definitions. As used in this Subsection D(16), the following terms shall have the meanings indicated:
ADULT ARCADE OR MOTION-PICTURE THEATER
An establishment where, for any form of consideration, one or more motion-picture projectors, slide projectors or similar machines are available and are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE
An establishment or business, whether retail or wholesale, having more than 20% of its stock in trade (recordings, books, magazines, periodicals, films, DVD's, video tapes/cassettes or other audio or viewing materials) for sale or rent for viewing or use only off the premises, which stock is distinguished or characterized by its emphasis on matter depicting, describing, or relating to sexual activities or sexual anatomical areas.
ADULT BUSINESS
Any establishment or business involved in the dissemination of material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, including but not limited to adult arcades, adult bookstores, adult theaters, and adult entertainment cabarets.
ADULT ENTERTAINMENT CABARET
An enclosed building or structure or portion of a building or structure used for presenting film or similar materials or performances by live persons having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
[1] 
The following areas of the body that are less than completely and opaquely covered:
[a] 
Human genitals or pubic region.
[b] 
The cleavage of the human buttocks.
[c] 
That portion of the human female breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola (the colored ring around the nipple). This definition shall include the entire lower portion of the breast but shall not be interpreted to include any portion of the cleavage of the breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel, provided that the areola is not so exposed.
[2] 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
[1] 
Human genitals in a state of sexual stimulation or arousal.
[2] 
Acts of human masturbation, sexual intercourse or sodomy.
[3] 
Fondling or other erotic touch of human genitals, pubic region, buttocks or female breasts.
(c) 
Special permit required for an adult business.
[1] 
Adult bookstores, as defined in Subsection D(16)(b) above, shall only be permitted in the B-2 District, upon issuance of a special permit in accord with § 75-40B, and subject to the standards set forth in Subsection D(16)(d) below.
[2] 
Adult businesses, other than adult bookstores, are permitted only in the I-1 District, subject to the standards set forth in Subsection D(16)(d) below and all other relevant requirements of this Zoning Law.
[3] 
In addition to the application materials required in § 75-40B(1) hereof, the following shall be submitted with the application for a special permit:
[a] 
A narrative statement describing the applicant's proposed business plan, including a description of the nature of the operation, hours of operation, provisions for parking and traffic; and
[b] 
Plans to avoid the deleterious secondary impacts associated with adult uses, including increased crime rates, depreciation of property values, deterioration of community character and adverse impact on the quality of life in surrounding residential areas.
[4] 
Before issuing a special permit, the Planning Board shall find and determine that:
[a] 
The proposed location of the use is in compliance with all setback requirements from sensitive, residential or other land uses;
[b] 
The proposed location of the adult use has adequate parking and access, including adjoining streets and highways, sufficient to handle increased traffic from the use;
[c] 
Adjoining properties, highways and streets, and residential areas, particularly existing residences and sensitive uses, are adequately buffered from any potential adverse impacts associated with adult uses, including excessive noise, lighting or other visual impacts, and traffic; and
[d] 
The applicant's plan to avoid the deleterious secondary impacts associated with adult uses is adequate.
(d) 
Standards for adult businesses.
[1] 
Adult bookstores are permitted only in the B-2 District with frontage on Route 32, upon issuance of a special permit, subject to the following standards and all other relevant requirements of this Zoning Law:
[a] 
Such use shall not be located within 100 feet of a residential zoning district.
[b] 
Such use shall not be located within 500 feet of a school, library, religious institution, day-care facility, hospital, community center or public park.
[c] 
Such use shall not be located within 500 feet of another adult business.
[d] 
Such use shall not be located in any building or on any lot of which any portion is used for residential purposes.
[2] 
Adult businesses other than adult bookstores are permitted only in the I-1 District, upon issuance of a special permit, subject to the following standards and all other requirements of this Zoning Law.
[a] 
Such uses shall not be located on a lot within 100 feet of the boundary of any residential district.
[b] 
Such uses shall not be located within 1,000 feet of a school, library, religious institution, day-care facility, hospital, community center or public park.
[c] 
Such uses shall not be located within 500 feet of a similar use.
[d] 
Such uses shall not be located in any building or on any lot of which any portion is used for residential purposes.
[e] 
Such use shall have direct vehicular access from a state or county road.
[3] 
No adult business shall be conducted outside the walls of a fully enclosed structure or in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from the exterior of the building in which the use is located. This provision shall apply to any display, decoration, sign, show window, screen or other opening.
[4] 
Loudspeakers or similar audio equipment used to describe or discuss specified anatomical areas or sexual activities shall not be audible from the exterior of the building in which it is located.
(e) 
Annual review and renewal of special permit.
[1] 
Annual report. The Building Inspector or his/her designee shall be responsible for conducting an annual review of adult uses operating under special use permits, no later than one month before the anniversary of permit expiration, and shall report his/her findings to both the owner and the Planning Board. In conducting such review, the following issues shall be considered:
[a] 
Compliance with the approved special use permit, site plan, and operating standards; and
[b] 
Nature and frequency of emergency calls and neighbor complaints, if any; and
[c] 
Compliance with other regulating authorities, including, but not limited to, State Liquor Authority and the Ulster County Board of Health. The fee for annual review shall be determined by resolution of the Town Board. Upon receipt of such fee, the Building Inspector or his/her designee shall certify to the Planning Board in writing that the adult use is in compliance with the approved site plan and operating standards for the special use permit.
[2] 
Noncompliance. If the Building Inspector determines that the adult business is not in compliance with the conditions and operating standards of the special use permit, the Building Inspector shall direct the owner/operator to bring the operation into compliance. If the operation is not brought into compliance within 30 days, the Building Inspector shall commence proceedings to terminate the special permit. If the Building Inspector determines that there is an immediate danger to the health, safety and welfare of the area due to such noncompliance, the Building Inspector may suspend the special permit without notice.
[3] 
Special use permit renewal.
[a] 
Special use permits issued for adult uses shall be subject to annual renewal as provided under this Subsection D(16). The application for renewal of the special use permit shall be submitted, with any required fee, to the Building Inspector at least one month prior to the expiration of the permit, in which case the expiration date of the permit shall be extended until the date of the Planning Board's action on the application for renewal. Failure to submit such renewal application may be grounds for termination of the special use permit for noncompliance.
[b] 
Upon receipt of an application for renewal, the Building Inspector shall conduct an inspection and prepare a report to the Planning Board as to the applicant's compliance with the Town Code and with the conditions and operating standards of the special use permit. The Planning Board shall consider reports of the Building Inspector, Town Engineer and any other Town departments. In the event that noncompliance issues or violations are discovered, the Planning Board shall provide notice to the special use permit holder, prior to any action to terminate or renew the special permit. An application for renewal shall be approved when the Planning Board determines that the management and operation of the adult use has conformed with the requirements of the Town Code, the conditions of the special use permit and with site plan approval. In the event that the Planning Board approves the renewal application with modifications or denies approval, it shall make specific findings as to the grounds for its action. The Planning Board Clerk shall file a copy of the Planning Board determination, together with any conditions of approval with the Town Clerk and the Building Inspector, and mail a copy to the applicant within five business days of filing with the Town Clerk.
(f) 
Distance measurements. For the purposes of this chapter, distance measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest part of the portion of the building or structure used as an adult business establishment to the nearest property line of the premises of a church, school, public park or public recreation area or to the nearest boundary of a residential zoning district.
(g) 
Exclusions. The provisions of this Subsection D(16) shall not apply to licensed or accredited schools or museums, or to private artists' studios or galleries not open to the general public, or to activities in a private residence by the occupants thereof.
(h) 
Preexisting adult businesses. Any adult business existing as of the effective date of this Subsection D(16) shall be deemed a nonconforming use and shall be subject to all conditions and provisions relating to nonconforming uses in the Town of Rosendale as set forth in Article VI of the Code of the Town of Rosendale.
(i) 
Validity. The validity of any provision of this Subsection D(16) shall not affect the validity of any other provision of this Subsection D(16) which can be given effect without such invalid provision.
(j) 
When effective. This Subsection D(16) shall take effect immediately upon filing with the Secretary of State as provided in § 27 of Municipal Home Rule Law of the State of New York.
E. 
Additional conditions. In issuing a special use permit, the Planning Board may require any walks, fences or landscaping or attach such condition which it deems necessary to protect the value of adjacent properties or to prevent any hindering of the appropriate use of adjacent land.

§ 75-28.1 Stormwater control. [1]

[Added 12-13-2006 by L.L. No. 8-2006]
A. 
Definitions. The terms used in this section and Chapter 74, Stormwater Management, or in documents prepared or reviewed under this section and Chapter 74, Stormwater Management, shall have the meaning as set forth in this subsection:
AGRICULTURAL ACTIVITY
The activity of an active farm, including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not include the operation of a dude ranch or similar operation, or the construction of new structures associated with agricultural activities.
APPLICANT
A property owner or agent of a property owner who has filed an application for a land development activity.
BUILDING
Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area.
CHANNEL
A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
CLEARING
Any activity that removes the vegetative surface cover.
DEDICATION
The deliberate appropriation of property by its owner for general public use.
DEPARTMENT
The New York State Department of Environmental Conservation.
DESIGN MANUAL
The New York State Stormwater Management Design Manual, most recent version, including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.
DEVELOPER
A person who undertakes land development activities.
EROSION CONTROL MANUAL
The most recent version of the New York Standards and Specifications for Erosion and Sediment Control manual, commonly known as the "Blue Book."
GRADING
Excavation or fill of material, including the resulting conditions thereof.
IMPERVIOUS COVER
Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snowmelts and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
INDUSTRIAL STORMWATER PERMIT
A State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.
INFILTRATION
The process of percolating stormwater into the subsoil.
JURISDICTIONAL WETLAND
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."
LAND DEVELOPMENT ACTIVITY
Construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.
LANDOWNER
The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.
LICENSED PROFESSIONAL
A person currently licensed to practice engineering in New York State, a registered landscape architect or a certified professional in erosion and sediment control (CPESC).
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
NONPOINT SOURCE POLLUTION
Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
PHASING
Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
POLLUTANT OF CONCERN
Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.
PROJECT
Land development activity.
RECHARGE
The replenishment of underground water reserves.
SEDIMENT CONTROL
Measures that prevent eroded sediment from leaving the site.
SENSITIVE AREAS
Cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs and habitats for threatened, endangered or special concern species.
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA-established water quality standards and/or to specify stormwater control standards.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STOP-WORK ORDER
An order issued which requires that all construction activity on a site be stopped.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER HOTSPOT
A land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.
STORMWATER MANAGEMENT
The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.
STORMWATER MANAGEMENT FACILITY
One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
STORMWATER MANAGEMENT OFFICER
An employee or officer designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices.
STORMWATER MANAGEMENT PRACTICES (SMPS)
Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
STORMWATER RUNOFF
Flow on the surface of the ground, resulting from precipitation.
SURFACE WATERS OF THE STATE OF NEW YORK
Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition, are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.
WATERCOURSE
A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
WATERWAY
A channel that directs surface runoff to a watercourse or to the public storm drain.
B. 
Stormwater pollution prevention plans.
(1) 
Stormwater pollution prevention plan requirement. No application for approval of a land development activity (land disturbance of equal to or greater than one acre) shall be reviewed until the Planning Board has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this section.
(2) 
Contents of stormwater pollution prevention plans.
(a) 
All SWPPPs shall provide the following background information and erosion and sediment controls:
[1] 
Background information about the scope of the project, including location, type and size of project.
[2] 
Site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent offsite surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharges;
[3] 
Description of the soil(s) present at the site;
[4] 
Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP.
[5] 
Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff;
[6] 
Description of construction and waste materials expected to be stored on-site with updates as appropriate, and a description of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater, and spill prevention and response;
[7] 
Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project close-out;
[8] 
A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice;
[9] 
Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;
[10] 
Temporary practices that will be converted to permanent control measures;
[11] 
Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place;
[12] 
Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;
[13] 
Name(s) of the receiving water(s);
[14] 
Delineation of SWPPP implementation responsibilities for each part of the site;
[15] 
Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable; and
[16] 
Any existing data that describes the stormwater runoff at the site.
[17] 
Provide GPS (Global Positioning System) reference data for stormwater outfalls and permanent structures built in accordance with the New York State Stormwater Management Design Manual.
[Added 12-12-2007 by L.L. No. 5-2007]
(b) 
Land development activities as defined in Subsection A of this section and meeting Condition "A," "B" or "C" below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Subsection B(2)(c) below as applicable:
[1] 
Condition A: stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the Department's 303(d) list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment.
[2] 
Condition B: stormwater runoff from land development activities disturbing five or more acres.
[3] 
Condition C: stormwater runoff from land development activity disturbing between one acre and five acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties.
(c) 
SWPPP requirements for Conditions A, B and C:
[1] 
All information in Subsection B(2)(a) of this section.
[2] 
Description of each postconstruction stormwater management practice.
[3] 
Site map/construction drawing(s) showing the specific location(s) and size(s) of each postconstruction stormwater management practice.
[4] 
Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms.
[5] 
Comparison of postdevelopment stormwater runoff conditions with predevelopment conditions.
[6] 
Dimensions, material specifications and installation details for each postconstruction stormwater management practice.
[7] 
Maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management practice.
[8] 
Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property.
[9] 
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with Subsection D of this section.
(3) 
Plan certification. The SWPPP shall be prepared by a licensed professional or the property owner and must be signed by the property owner, who shall certify that the design of all stormwater management practices meet the requirements and technical standards in this section and Chapter 74, Stormwater Management. If the plan does not meet the technical standards listed in Subsection C, then a licensed professional must certify the plan. The licensed professional can be either a licensed engineer in New York, a registered landscape architect or a certified professional in erosion and sediment control (CPESC). The licensed professional and property owner must sign the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that false statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the Penal law."
(4) 
Other environmental permits. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan.
(5) 
Contractor certification.
(a) 
Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the Stormwater Pollution Prevention Plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards."
(b) 
The certification must include the name and title of the person providing the signature, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.
(c) 
The certification statement(s) shall become part of the SWPPP for the land development activity.
(6) 
A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.
C. 
Performance and design criteria for stormwater management and erosion and sediment control. All land development activities shall be subject to the following performance and design criteria:
(1) 
Technical standards. For the purpose of this section and Chapter 74, Stormwater Management, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this section and Chapter 74, Stormwater Management:
(a) 
The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the "Design Manual".
(b) 
New York Standards and Specifications for Erosion and Sediment Control (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the “Erosion Control Manual.”
(2) 
Water quality standards. Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York. Schedule A provides a list of Stormwater Management Practices Acceptable for Water Quality.[2]
[2]
Editor's Note: Schedule A is included at the end of this chapter.
D. 
Maintenance and repair of stormwater facilities.
(1) 
Maintenance during construction.
(a) 
The applicant or developer of the land development activity shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this section and Chapter 74, Stormwater Management. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
(b) 
The applicant or developer or his or her representative shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. Inspection reports shall be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. The reports shall be delivered to the Stormwater Management Officer and also copied to the site logbook.
(2) 
Maintenance easement(s). Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town of Rosendale to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this section and Chapter 74, Stormwater Management. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Town of Rosendale.
(3) 
Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this section and Chapter 74, Stormwater Management, shall operate and maintain the stormwater management practices to achieve the goals of this section and Chapter 74, Stormwater Management. Proper operation and maintenance also includes, as a minimum, the following:
(a) 
A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this section and Chapter 74, Stormwater Management.
(b) 
Written procedures for operation and maintenance and training new maintenance personnel.
(c) 
Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with Subsection C(2).
(4) 
Maintenance agreements. The Town of Rosendale shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of this section, entitled "Sample Stormwater Control Facility Maintenance Agreement."[3] The Town of Rosendale, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this section and Chapter 74, Stormwater Management, and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
[3]
Editor's Note: Schedule B is included at the end of this chapter.
[1]
Editor's Notes: See also Ch. 74, Stormwater Management.

§ 75-28.2 Economic Enterprise Overlay Zone.

[Added 4-1-2015 by L.L. No. 1-2015]
A. 
Purpose and objectives.
(1) 
Purpose. The purpose of an Economic Enterprise Overlay (EEO) Zone is to foster economic development, diversification of land uses and employment generation through the reuse and/or redevelopment of underutilized properties. Development is encouraged to follow a mixed-use, compact pattern that is sensitive to the environmental characteristics of the land and adheres to the goals and objectives contained in the Town's Comprehensive Plan and follows the Route 32 Corridor Commercial/Industrial Design Guidelines. It is the intent of the EEO to promote flexibility in the development process while integrating a diversity of land uses within close proximity to each other.
(2) 
The EEO permits a broad range of uses that work in harmony to accomplish the following objectives:
(a) 
Active utilization and reinvestment in underutilized properties, including adaptive reuse;
(b) 
Enhance the variety and availability of employment, service, retail, residential and civic facilities;
(c) 
Ensure development operates in harmony within the surrounding neighborhood and/or hamlet;
(d) 
Ensure valued natural features and undisturbed areas are protected and incorporated into the open space of the development;
(e) 
Develop well-configured public spaces that are woven into the pattern of the development and dedicated to the social interaction, recreation and visual enjoyment of residents;
(f) 
Design civic buildings, open spaces, and other visual features to act as landmarks, symbols and focal points for community identity;
(g) 
Foster the compatibility of buildings and other improvements through their arrangement, bulk, form, character, and landscaping;
(h) 
Design the public and private realms using architecture, landscaping and other elements that respond to the unique character of the region;
(i) 
Adaptively reuse structures and associated lands to protect against abandonment and general vacancy of structures.
B. 
Regulations and procedures.
(1) 
Application and approval procedure.
(a) 
The application for and approval of an EEO shall be treated as a legislative act and an amendment to the Town of Rosendale Code Chapter 75, Zoning.
(b) 
The application for and approval of an EEO shall follow the procedures for zoning amendment outlined in Article IX of this chapter, as well as the procedures required under the New York State Environmental Quality Review Act (SEQRA).
(c) 
A complete application pursuant to Subsection B(2) of this section shall be submitted prior to consideration by the Town Board.
(d) 
The Town Board reserves the right to consider or not consider any petition submitted under this section.
(e) 
The adaptive reuse of structures and associated lands containing said structures shall be permitted under this section.
(f) 
Upon approval of an EEO by the Town Board, the applicant shall be required to apply to the Town of Rosendale Planning Board for site plan approval. This submission shall include all documents, plans and items required under conformance with § 75-40C of this Code. The Planning Board shall review said application pursuant to this chapter and by New York State Town Law § 274-a.
(2) 
Information to be provided.
(a) 
Applications for the establishment of an Economic Enterprise Overlay Zone by amendment to the Zoning Map shall be made in writing to the Town Board, by the owner(s) of the land proposed to be included in such district or by a person who possesses written contract or option rights to purchase such lands. In the event that the application is made by a person holding contract or option rights to purchase the lands, the application shall be accompanied by a statement signed by the owner(s) granting authority on the part of the applicant to make the application.
(b) 
The application shall include:
[1] 
A description of the existing economic and land use opportunities for the property as currently zoned and/or developed;
[2] 
An explanation of why and/or how currently permitted uses and/or regulations restrict the highest and best use of the property;
[3] 
A description of how the proposed project and land uses are in conformance with the Town of Rosendale Comprehensive Plan;
[4] 
A description of how the proposed project and land uses are compatible with adjacent existing land uses and those reasonably anticipated in the future;
[5] 
The selection of an EEO district type;
[6] 
A full environmental assessment form;
[7] 
A conceptual development plan of sufficient detail as shall be determined by the Town Board. The conceptual development plan shall consist, at a minimum, of the following:
[a] 
A metes and bounds description of the proposed district;
[b] 
A survey of the land prepared and certified to the Town of Rosendale by a licensed land surveyor;
[c] 
A map drawn to scale showing existing conditions of the parcel, including:
[i] 
The name and address of the owner of record, and the name and address of the applicant, if not the owner of record;
[ii] 
The name of the person or firm preparing the plan;
[iii] 
The date, North arrow and scale of the plan;
[iv] 
The acreage of the parcel and the tax map number(s) of the parcel;
[v] 
The location and width of existing and proposed state, county or Town highways or streets and rights-of-way abutting the parcel;
[vi] 
The approximate location and outline of existing structures both on the parcel and within 100 feet of the property line;
[vii] 
The location of any existing storm or sanitary sewers, culverts, waterlines, hydrants, catch basins, manholes and other visible infrastructure as well as other utilities within or adjacent to the parcel;
[viii] 
The existing zoning of the parcel;
[ix] 
The approximate location and outline of existing water bodies, streams, marshes or wetland areas and their respective classification as determined by the appropriate governmental regulatory body;
[x] 
The approximate boundaries of any areas subject to flooding or stormwater overflows;
[xi] 
The location and outline of existing vegetation clusters (for a distance of 50 feet onto 'adjoining property);
[xii] 
The identification of any other significant features.
[d] 
The conceptual, development plan, drawn approximately to scale, shall clearly show the following:
[i] 
The approximate location and dimensions of proposed principal and accessory buildings on the site and their relationship to one another, and to other structures in the vicinity;
[ii] 
The approximate location and dimensions of vehicular traffic circulation features of the site, including proposed roadways, internal driveways, parking and loading areas and proposed access to the site;
[iii] 
The proposed source of water supply and method of delivery to the site;
[iv] 
A general plan for the collection and disposal of sanitary waste from the site;
[v] 
A general plan of proposed stormwater management facilities;
[vi] 
Preliminary identification of areas which will be disturbed and areas which will remain undisturbed by project implementation.
(3) 
Town Board review.
(a) 
In its review of the application, the Town Board may suggest such changes in the conceptual plan as are found necessary or desirable by the Town Board in order to meet the requirements of this section. The Town Board may notify the applicant of such changes and may discuss such changes with the applicant. The suggestion of changes by the Town Board shall not constitute a waiver of its legislative discretion to reject or deny the rezoning application.
(b) 
Discretion to reject application or hold public hearing.
[1] 
The Town Board shall have the discretion to reject the application or to hold a public hearing with regard to the rezoning application.
[2] 
If the Town Board decides to hold a public hearing to consider the rezoning of a property, the application shall be referred to the Town of Rosendale Stormwater Officer and the Town of Rosendale Building Inspector who shall each make a recommendation to the Town Board within 30 days of receipt of the application, and to the Town of Rosendale Planning Board and the Ulster County Planning Board for recommendations as provided in this chapter and General Municipal Law.
[3] 
If the Town Board elects to hold a public hearing, the Town Clerk shall provide notice of said hearing to the owners of all parcels located within 500 feet of the subject property, and shall publish proper legal notice of the time and place of the public hearing.
[4] 
Following the public hearing the Town Board may, in its sole legislative discretion, act to approve, approve with modification or conditions, or disapprove the rezoning application. Approval shall result in amendment to the Zoning Map.
(c) 
In determining whether to approve the application for an EEO District the Town Board shall consider the public health and welfare of the surrounding area, together with the following criteria, and the intent and objectives of this section:
[1] 
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to the nearby properties will be created by the creation of a district on the property;
[2] 
Whether the site is located in an area suitable for the proposed elimination of nonconformity or readaptation of buildings and site development so as to be reasonably free of objectionable conditions such as odors, noise, dust, air and light pollution; traffic volumes beyond the capacity of the existing road systems or proposed road improvements, and other environmental constraints;
[3] 
Whether the site will have adequate water and sewer facilities;
[4] 
The recommendation of the Town Stormwater Officer;
[5] 
Whether the site is located in a manner that allows access to the site from a public street with adequate site distances and that meets current engineering standards of the Town;
[6] 
Whether the readaptation or modification of the site shall produce undue adverse effects on the surrounding neighborhood.
(4) 
Planning Board review.
(a) 
Following a zoning amendment to create an EEO District, site plan review and approval by the Planning Board shall be required prior to the issuance of a building permit for any readaptation or modification of development of the property.
(b) 
The Planning Board shall not approve any site plan or special use permit within an EEO District unless such Board finds that the plan is in substantial conformance with the conceptual development plan that was submitted to the Town Board and that served as the basis for the zone change to the EEO District.
(5) 
Regulations.
(a) 
Location and underlying zoning.
[1] 
Lands bordering the NYS Route 32 from the Town boundary line with the Town of Esopus to the Town boundary line with the Town of Ulster and all school buildings and churches no longer being used for educational or religious purposes, regardless of location or zoning district, may apply to use the EEO option.
(b) 
District size limitations.
[1] 
An EEO shall include parcels in their entirety and the perimeter of EEO districts shall be coterminous with the platted property lines of those parcels included in said district. In the event that an applicant wishes to use multiple parcels in its application, said parcels must be combined prior to the Zoning Map being amended.
[2] 
The amount of land allocated to particular land use categories excludes streets, alleys, open spaces, drainage controls and stormwater/water quality controls.
[3] 
No land shall be designated for an EEO if in the opinion of the Town Board it is too small, too narrow in width, too irregular in shape or with topography too excessive to be planned and developed in a manner consistent with the purpose and objectives of the EEO.
[4] 
The Town Board may set lot size requirements to assure that the proposed development is in accord with the Town's Comprehensive Plan and in concert with the character of the neighborhood.
(6) 
Modifications.
(a) 
Any further proposed change in use of a property that does not comply with the underlying zoning for the property shall be required to go back before the Town Board for review pursuant to the provisions of this section.
(b) 
Following initial construction and occupancy, any changes other than use changes shall be considered as a request for a site plan amendment under § 75-40C(3)(h) of this chapter.
(c) 
Modifications to the zoning of properties within an approved EEO Overlay District require application and approval by the Town in accordance with this § 75-28.2.
C. 
Districts, land use allocation and permitted uses.
(1) 
Overlay district types and requirements.
(a) 
The EEO District shall permit Economic Development and Community Development Overlays to provide enhanced flexibility while permitting the mixing of compatible uses within the community.
(b) 
No property may be located in greater than one (1) EEO overlay.
(c) 
Each lot within an EEO shall be allocated to a specific district and land use category at the time of application.
(d) 
The Town Board may modify the following land use allocations to achieve the purpose and objectives of the EEO and the Town's Comprehensive Plan.
(e) 
Adaptive reuse of existing structures and associated lands shall be permitted subject to the review criteria set forth within these EEO regulations.
(f) 
The following uses are prohibited in the EEO districts:
[1] 
Storage units and/or facilities.
[2] 
Gas stations.
[3] 
Mining.
[4] 
New or used car sales.
[5] 
Heavy industry.
(2) 
Economic Development District.
(a) 
Purpose.
[1] 
Economic development (ED) overlays are intended to promote expanded employment opportunities and capital investments within the commercial, residential and light industrial sectors of the economy, including agricultural industries. ED overlays may be granted for lands bordering New York State Route 32.
(b) 
Land use allocation.
[1] 
An EEO-ED may consist of commercial, residential, civic, agricultural and light industrial land use categories.
(c) 
Density requirements.
[1] 
Development density requirements may be waived or modified at the discretion of the Planning Board during site plan review.
(3) 
Community Development District.
(a) 
Purpose.
[1] 
Community development (CD) overlays are intended to promote economic development while improving the diversity and quality of the commercial, civic and residential sectors servicing the Rosendale community. CD overlays may be granted in any zoning district, at any location, for the adaptive reuse of school and church buildings.
(b) 
Land use allocation.
[1] 
An EEO-CD may consist of a mix of commercial, residential, agricultural and civic land use categories or may consist of a single land use.
(c) 
Density requirements.
[1] 
Development density requirements may be waived or modified at the discretion of the Planning Board during site plan review.
D. 
Design requirements.
(1) 
Bulk and use table.
(a) 
Former school and church buildings may reuse the existing footprints of buildings but cannot increase the height of the buildings. Former school and church buildings can be modified to add additional stories where the existing height of the building allows for such modification.
(b) 
Development may take place on the existing development footprint regardless of such footprint's location. Expansion of development beyond the existing development footprint, or relocation of a development footprint, of any qualifying property shall be allowed if such expansion or relocation is approved by the Town Board based on the layout and limitations of the site, and additionally; any such expansion must be approved by the Planning Board in the site plan review process. The Planning Board shall not be obligated to grant such expansion if it determines that the proposed expansion is inappropriate for the site.
(c) 
The Town Board and the Planning Board may grant waivers of density and bulk requirements for the property, if deemed appropriate for the redevelopment of the property.
(d) 
Density of existing structures may be maximized in accordance with existing New York State building codes.
(2) 
Design standards.
(a) 
The Route 32 Corridor Commercial/Industrial Design Guidelines shall be utilized for all commercial and industrial land uses as indicated in this chapter.
(b) 
Where conflicts or ambiguity exist between requirements of this section, the Route 32 Corridor Commercial/Industrial Design Guidelines and/or other sections of this chapter, the more stringent, constraining and/or proscriptive shall be utilized to the extent practicable as determined by the Town Board. Notwithstanding the above, the guidelines and chapter sections may be waived where deemed appropriate by the Town Board in review of the projects for redevelopment of preexisting structures.
(c) 
Access, circulation and parking.
[1] 
Required off-street parking spaces shall be determined by the Town Board with consideration of recommendations made by the Planning Board and in general conformance with § 75-19.
[2] 
Parking requirements shall be within the range of 50% to 150% of that required pursuant to § 75-19.
E. 
Time limit on validity of zoning. Any zoning permitted by this section shall be null and void and the zoning of the parcel shall revert back to its original zoning classification, unless actual construction, pursuant to an approved site plan and a valid building permit, is commenced within two (2) years from the date of adoption by the Planning Board of a resolution of site plan approval following the rezoning.
F. 
Fees.
(1) 
Fees. An application shall be accompanied by an application fee as prescribed, from time to time, by resolution of the Town Board.
(2) 
If professional review of the application is required by a designated private planning, engineering, legal or other consultants or, if other extraordinary expense to review documents or conduct special studies in connection with the proposed application is incurred, reasonable fees shall be paid for by the applicant, through an escrow account established by the applicant and the Town. An escrow agreement shall be signed by the applicant and a payment shall be made to the Town prior to the review of any application materials by the Town's consultant(s).
(3) 
Applicant will be responsible for payment of all fees associated with the application, including, but not limited to, mailing and publication fees.