All special permit uses specified in the Use Schedule in Article IV of this chapter[1] shall be subject to review and approval by the Planning
Board in accordance with the standards and procedures included in
this Article. In all cases where this chapter requires such special
permit authorization by the Planning Board, no building permit shall
be issued by the building inspector except upon authorization of and
in full conformity with plans approved by the Planning Board.
[1]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
In approving or disapproving any special permit
use, the Planning Board shall take into consideration the public health,
safety and general welfare, the comfort and convenience of the public
in general and that of the residents of the immediate neighborhood
in particular. The Planning Board may attach such reasonable conditions
and safeguards as it deems appropriate as part of its approval. The
Board shall take into account the special conditions set forth in
this Article for any use requiring Planning Board authorization in
addition to the following general objectives:
A.
The location and size of the use, the nature and intensity
of the operations involved, the size of the site in relation to the
use and the location of the site with respect to the existing or future
streets providing access shall be in harmony with the orderly development
of the district.
B.
The location, nature and height of buildings, walls
and fences will not discourage the appropriate development and use
of adjacent land and buildings or impair the value thereof.
C.
All proposed traffic accessways shall be adequate
but not excessive in number; adequate in width, grade, alignment and
visibility; not located too near street corners or other places of
public assembly; and meet similar safety considerations.
D.
Adequate off-street parking and loading spaces shall
be provided to prevent parking in public streets of vehicles of persons
connected with or visiting the use and the interior circulation system
shall be adequate to provide safe accessibility to all required off-street
parking and loading.
E.
All parking and service areas shall be reasonably
screened at all seasons of the year from the view of adjacent residential
lots and streets, and the general landscaping of the site shall be
in character with that generally prevailing in the neighborhood. Such
landscaping shall include the preservation of existing trees to the
maximum extent possible.
F.
The character and appearance of the proposed use,
buildings, structures and/or outdoor signs shall be in general harmony
with the character and appearance of the surrounding neighborhood,
shall not be more objectionable to nearby properties by reason of
noise, fumes, vibration or flashing lights than would be the operations
of any permitted use and shall not adversely affect the general welfare
of the inhabitants of the Town of Schodack.
G.
All proposed buildings, structures, equipment and/or
material shall be readily accessible for fire and police protection.
[Amended 10-12-1990 by L.L. No. 4-1990]
A.
In addition to the general standards stated above,
the following specific standards shall be complied with for the special
permit uses cited below:
(5)
Conversion of an existing one-family dwelling to a
two-family dwelling.
(a)
Such two-family dwelling shall contain at least
600 square feet of floor area for the first family plus 600 square
feet of similar area for the second family.
(6)
Hospitals and sanitariums for general medical care,
nursing homes and senior citizen housing.
(a)
The maximum building coverage shall not exceed
20% of the lot area.
(7)
Membership clubs providing public and private recreational
facilities, other than for a one- or two-family dwelling, including
playgrounds, swimming facilities, golf courses and hunting and fishing
clubs with accessory building for administration, operation and clubhouse
purposes.
(a)
The minimum lot area shall be five acres.
(b)
No building shall be located closer than 50
feet to any street or lot line.
(c)
Plans for all public address systems and lighting
for outdoor recreational facilities shall be submitted to and approved
by the Planning Board.
(d)
Parking shall not be permitted within any yard
setback.
(8)
Summer colonies, including cabins and cottages available
for rent during the nonwinter months.
(a)
The minimum lot area shall be 20 acres.
(b)
Such cabins or cottages shall be designed for
one family only, with not more than four such dwelling units permitted
per gross acre.
(c)
All such dwelling units shall be serviced by
central water supply and sewage disposal.
(d)
No building or recreational facility shall be
located less than 200 feet from any lot line and shall be effectively
screened from adjacent properties.
(9)
Camps, including Type I and Type II camps, may be
permitted in those districts where designated, provided that:
(a)
In any district where permitted, Type I and
Type II camps shall provide a perimeter buffer, for the purposes of
establishing visual screening and noise abatement, of deciduous and
evergreen plantings or the maintenance of existing natural vegetation,
if such exists, or of a distance not less than 250 feet from any street
or property line.
(b)
Primary access for any Type I or Type II camp
shall be constructed to town highway standards for a minimum distance
of 250 feet from any street or highway for the purpose of providing
emergency vehicular access.
(c)
The area of the site, parcel or tract of land
to be used shall contain not less than 20 acres and shall have frontage
of not less than 200 feet abutting a public highway.
(d)
The density of sites for individual use of any
Type I use within such a camp shall not exceed an average of 10 sites
per acre of the developed portion of the entire camp area, inclusive
of service roads, toilet facilities and service buildings. Each site
for individual use, excluding parking spaces, shall provide a minimum
of 1,500 square feet of area and shall provide a minimum of one vehicle
parking space which will not interfere with the convenient and safe
movement of vehicular and pedestrian traffic.
(f)
All camps shall provide on-site at all times
during its operation a duly authorized attendant or caretaker who
shall be in charge at all times of keeping the camp in a clean, orderly
and sanitary condition. The attendant or caretaker shall be answerable,
with the licensee, for the violation of any provisions of this chapter
to which the licensee is subject.
(g)
There shall be not more than four cottages per
gross acre.
(h)
Appropriate facilities shall be provided for
water supply and disposal of wastes.
(10)
Mining and excavation, including the loading,
hauling and/or processing of sand, gravel, soil, shale, topsoil or
any aggregate material.
(b)
A time schedule for completion of either the
entire operation or, if excavation is to occur in stages, of each
stage of the operation shall be submitted for approval.
(c)
An operations plan, including the number and
types of trucks and other machinery to be used on the site, shall
be submitted for approval.
(d)
A restoration and rehabilitation plan, showing
both existing contours and proposed final contours after operations
are completed shall be submitted for approval.
(e)
A performance bond to assure rehabilitation
shall be posted in an amount satisfactory to the Planning Board.
(f)
A buffered area of not less than 200 feet shall
be established between the operation and the nearest property line.
(g)
In general, such special use permit shall be
restricted to an active working area not to exceed 10 acres and to
a time not to exceed five years.
(13)
Convenience food stores may be permitted in
those districts where designated, provided that:
(a)
Required parking shall be on the basis of one
space for each 150 square feet of gross building area.
(b)
Where fuel sales are an integral part of the
use, it shall be so designated and located as to not conflict with
the vehicular access, circulation and parking required for the primary
food store use. In addition, standards required for motor vehicle
service stations, as provided herein, shall apply.[2]
(c)
Aboveground fuel storage tanks, such as for
propane, shall be so located as to be isolated from any customer parking
or maneuvering space or any accessway and shall be protected and screened
from public view.
(d)
Underground fuel storage tanks shall be so located
that, when being filled by tank trucks, access to the site and parking
areas will not be blocked.
(14)
Row or attached housing, consisting of a series
of attached one-family dwelling units.
(a)
The site proposed for such row or attached housing
shall contain at least 60,000 square feet.
(b)
No group shall have more than eight units, and
the minimum average distance between any two groups shall be 50 feet.
(c)
There shall be located within the site a suitable
recreation area containing at least 600 square feet of area for each
one-family dwelling unit, with the ownership and maintenance of such
recreation area acceptable to the Planning Board.
(d)
In each group, two dwelling units may be built
to a building height of three stories, but building height is otherwise
limited as provided below.
(e)
The site shall be served by central water and
sewer.
(f)
The following lot and building standards shall
apply:
[1]
Minimum lot area, per unit: 3,500 square feet.
[2]
Minimum lot width, per unit: 20 feet.
[3]
Minimum lot depth, per unit: 150 feet.
[4]
Minimum floor area, per dwelling unit: 600 square
feet.
[5]
Minimum off-street parking spaces per dwelling
unit: two spaces.
[6]
Minimum distance between building and any property
line: 50 feet.
[7]
Maximum building height: 2.5 stories or 35 feet.
[8]
Maximum percentage of parcel covered by structures:
30%.
(15)
Multifamily apartments.
(a)
The site proposed for such multifamily apartments
shall contain at least 120,000 square feet. There shall be no more
than 12 living units per building.
(b)
The minimum distance between principal buildings
shall be 60 feet, and between a principal building and a permitted
accessory building, the distance shall be 20 feet.
(c)
The minimum distance between any principal building
and the nearest property line shall be 50 feet.
(d)
Any inner court must have a minimum dimension
of 60 feet and any outer court a minimum width of 20 feet, with the
depth of such court not exceeding its width.
(e)
There shall be on the same lot or within the
same development a suitable recreation area containing at least 600
square feet of area for each dwelling unit, with the ownership and
maintenance of such recreation area acceptable to the Planning Board.
(f)
The site shall be served with central water
and sewer.
(g)
The following lot and building standards shall
apply:
[1]
Minimum lot area, per unit: 3,000 square feet.
[2]
Minimum lot depth: 150 feet.
[3]
Minimum lot width: 150 feet.
[4]
Minimum livable floor area per dwelling unit:
600 square feet.
[5]
Minimum off-street parking spaces per dwelling
unit: 2.0 spaces.
[6]
Maximum percentage of parcel covered by structure:
30%.
(16)
Motor vehicle service stations.
(a)
The minimum lot area shall be 15,000 feet, and
the minimum frontage shall be 100 feet.
(b)
No building shall be erected closer than 20
feet to any street or lot line.
(c)
Entrance and exit driveways shall have an unrestricted
width of not less than 12 feet, with maximum to be approved by the
Planning Board, after review and recommendation by the Planning Board's
engineering consultant. The maximum width should be the minimum width
necessary for public safety purposes. The location of such driveways
shall be determined by the Planning Board, but in no event shall they
be located closer than 10 feet to any lot line.
[Amended 5-11-2006 by L.L. No. 3-2006]
(d)
No entrance or exit driveway or parking space
shall be located so as to require the backing of any vehicle into
a public right-of-way.
(e)
All vehicle lifts, dismantled automobiles, parts
or supplies, goods, materials, refuse, garbage or debris shall be
located within a building enclosed on all sides.
(f)
All services or repair of motor vehicles shall
be conducted in a building enclosed on all sides; however, this requirement
is not to be construed as meaning that the doors to any repair shop
must be kept closed at all times.
(g)
Gasoline or flammable oils in bulk shall be
stored fully underground and not closer than 10 feet to any street
line or 35 feet to any lot line.
(h)
No gasoline pumps shall be located closer than
25 feet to any street line.
(i)
There shall be at least two parking spaces for
each service bay plus one space for each employee, with no parking
area closer than 10 feet to any lot line.
(j)
The overnight, outdoor parking of vehicles shall
be prohibited, except when such vehicle is properly registered and
is undergoing active repair.
(k)
No such establishment shall be located within
a distance of 200 feet of any school, church, hospital or other place
of assembly designed for occupancy by more than 50 persons, said distance
to be measured in a straight line between the nearest point of each
of the lots or premises, regardless of the zoning district in which
either premises is located.
(17)
Hotels or motels.
(a)
The minimum lot area for the zoning district
in which the hotel or motel is proposed to be located shall be increased
by 1,500 square feet for each guest room provided.
(18)
Shopping centers.
(a)
Establishments comprising said shopping center
shall provide for the sale of goods and services and may include one
or more of the following uses:
[1]
Stores and shops for the conduct of any business.
[2]
Fully enclosed service establishments, not including
car washes, gas stations and automobile body repair and painting shops.
[3]
Fully enclosed restaurant and drinking establishments.
[4]
Fully enclosed bowling alleys and theaters and
banks with or without drive-in facilities.
[5]
Business, professional and governmental offices.
[6]
Dry-cleaning establishments utilizing not more
than 100 horsepower and not over 100 pounds per square inch of steam
pressure.
[7]
Motor vehicle sales establishment with accessory facilities in a building completely detached from any other. Said motor vehicle sales establishments shall conform to all applicable standards set forth in Subsection A(16) herein relating to motor vehicle service stations and the following additional requirements:
(b)
The minimum lot area shall be 80,000 square
feet, except that for every motor vehicle sales establishment added
to any other use, the area of the lot shall be increased by 80,000
square feet.
(c)
No building shall be erected closer than 50
feet to any street or property line.
(d)
There shall be no unenclosed storage of goods,
materials, equipment, refuse, garbage or debris.
(19)
Bus, truck or railroad freight terminals.
(a)
No storage or repair of vehicles shall be located
less than 500 feet from the boundary of a residential district.
(b)
All shipping and receiving docks shall have
adequate access to and from a public street without using said street
for maneuvering purposes, with such docks located not less than 500
feet from the boundary of a residential district.
(20)
Outdoor storage of building supplies, raw materials,
fuels, finished products, machinery and equipment.
(a)
Such storage area shall be screened by an eight-foot
solid wall or fence uniform in finish and appearance and in a state
of proper and continuing maintenance.
(b)
Materials shall not be stored so as to exceed
the height of such wall or fence or be visible from either the public
right-of-way or boundaries of the lot.
(21)
Motor vehicle and other junkyards.
(a)
The entire activity shall be contained within
an eight-foot solid wall or fence, uniform in finish and appearance
and in a state of public and continuing maintenance.
(b)
The entire activity shall be set back at least
100 feet from any public right-of-way or lot line.
(c)
All storage shall occur so that materials do
not exceed the height of such wall or fence and are not visible from
either the public right-of-way or boundaries of the lot.
(d)
No burning or incineration or materials shall
take place.
(e)
The entire site shall be kept in such condition
as not to attract or harbor pests, rodents or other vermin.
(f)
There shall be no display or storage of materials
outside the wall or fence.
(22)
Clothing bins. Clothing bins for the collection
of used clothing for charitable purposes may be allowed in the business
district in the town only upon the grant of a special permit. In addition
to the standards set forth in those sections,[3] the applicant must also submit evidence to the Planning
Board regarding the following:
(a)
The location, size and construction of the clothing
bin proposed.
(b)
The charitable use for the clothing to be collected.
(c)
Plans of the applicant for pickup and unloading
of the clothing in any proposed bin.
(d)
Plans of the applicant for cleanliness of the
bin area and the surrounding parking area.
(e)
Plans of the applicant for traffic flow in and
about the proposed storage bin area.
(f)
Plans of the applicant for repair and maintenance
of any proposed storage bin.
(23)
Kennels.
(a)
Purpose. In order to promote the general welfare
of the town, new kennels shall be allowed only by special use permit.
The application shall include a diagram, to scale, which displays
the kennel building(s) and all other inhabited dwellings in the vicinity,
information on buffers, number and type of animals and any other information
deemed appropriate.
(c)
Preexisting kennels. Kennels in existence prior
to the passage of this chapter shall be subject to and conform to
the standards of any existing local law in force at the time the kennel
was established. However, if an existing kennel becomes a nuisance,
any of the above conditions can be imposed after public hearing.
(25)
Hospitals, nursing homes and rest homes.
(a)
The lot area shall have a minimum of five acres
and a minimum frontage of 400 feet along a major or secondary road.
(b)
All buildings and structures shall be at least
200 feet from any property line. Other uses shall be a minimum of
20 feet from any property line.
(c)
Lot coverage shall not exceed 20%.
(26)
Nursery schools and day-care centers.
(a)
Such use shall comply with all licensing, site
area and dimensional requirements established for such establishments
by the New York State Department of Social Services.
(b)
If located in a residential district, the minimum
lot area and all yard setbacks for such use shall be equal to twice
those required in the district.
(c)
If located in a residential district, such use
shall have frontage on a collector road as defined this chapter.
(d)
A buffer area of at least 20 feet in width,
containing evergreen landscaping and/or fencing as, in the judgment
of the Board, will be adequate to screen the use from the neighboring
residential area may be required along all adjoining residential property
boundaries or across the street from residential properties, except
where driveway access is required.
(27)
Religious and educational uses.
(a)
A church, synogogue or similar place of worship,
parish house, parochial school, college or private school giving regular
instruction at least five days a week for seven months or more in
each year and having a curriculum approved by the Board of Regents
or the New York State Education Department (but not including a dormitory
or a school or college giving special or limited instruction, e.g.,
such as business, art, music, dancing, automobile or riding school)
is permitted as a special permit use exception by the Planning Board,
provided that it finds:
[1]
It is a bona fide religious or educational use.
[2]
The proposed structure meets all of the state
requirements for a place of public assembly, including fire prevention
codes.
[3]
In residential districts, such use shall be
located on a lot which contains at least twice the minimum lot size
required for one-family detached dwellings in the district in which
it is located and which meets all other dimensional requirements of
said district.
(b)
In addition to the requirements for site plan
submission, a floor plan of any existing or proposed building or structure
shall be submitted along with the maximum occupancy requested for
each building, structure or facility.
(c)
The Planning Board, insofar as practicable,
may impose such restrictions and regulations which would avoid or
minimize traffic hazards, impairment of the use, enjoyment or value
of property in the surrounding area, as well as deterioration of the
appearance of the surrounding area.
(28)
Automatic vehicle washers. These vehicle washers
are those where the vehicle is either slowly driven through or pulled
through by automatic chain mechanism and a vehicle wash in which the
vehicle operator does not perform any of the washing function other
than to drive the vehicle, where necessary.
(a)
The vehicle washing facility and customary uses
or operations associated with the facility shall not be located closer
than 100 feet from a residential district or from a residential use.
(b)
All vehicle washing facilities shall be soundproofed,
arranged and the operations shall be so conducted that the noise emanating
from the facility, as measured from any point on adjacent property,
shall be no more audible than the noise emanating from the ordinary
street traffic and from other commercial or industrial uses as measured
at the same point on said adjacent property.
(c)
The comparison between noise emanating from
the vehicle washing facility and from the street and commercial or
industrial uses shall be made at the same time of the day. The decibel
readings shall be the power averages from several readings.
(d)
All vehicle washing facilities shall be connected
to a public sewer or shall utilize an on-site wastewater recycling
facility as may be approved by the Rensselaer County Department of
Health.
(e)
All vehicle washing facilities shall be within
a completely enclosed building which shall be designed in keeping
with the facades of adjacent land uses.
(29)
Coin-operated vehicle washes. These washes are
those where the vehicle operator washes the vehicle by using a hose
which is geared to a coin-operated, timed mechanism.
(a)
Vehicle washing facilities or customary uses
or operations associated with the facility shall be located no closer
than 100 feet to any residential district or another nonresidential
use, or meet both requirements as the case may be.
(b)
All vehicle washing facilities shall be within
a completely enclosed building which shall be designed in keeping
with the facades of adjacent land uses.
(c)
Vacuuming facilities may be outside the building
but shall not be in the front yard and shall meet the respective setback
requirements. Such area may be buffered or screened as deemed necessary.
(d)
Off-street parking shall be provided on the property in the ratio of not less than four parking spaces entering each washing stall, three parking spaces at the exit from each stall and one space per employee. Each space shall meet the minimum requirements for a parking space as required in Article V herein.
(e)
All off-street parking areas shall be hard surfaced
and dust free.
(f)
Any lights used to illuminate the area shall
be directed away from adjacent properties.
(g)
The use shall close operations at a reasonable
hour as determined by the Planning Board.
(h)
All vehicle wash facilities shall be connected
to a public sewer or shall utilize an on-site wastewater recycling
facility as may be approved by the Rensselaer County Department of
Health.
(30)
Games arcades, games and amusement devices.
(a)
It shall be unlawful for any person to own,
lease, store, possess, use, operate or maintain more than three games
or amusement devices as a principal business in or upon any premises
within the town, or to so own, lease, store, possess, use, operate
or maintain any such games or amusement devices, except in conformity
with the provisions of this Article and unless licenses and permits
have previously been obtained therefor.
(b)
It shall be unlawful to operate a games arcade
within any of the following restricted locations or premises:
[1]
Any area of the town which is zoned for a use
classification other than business or commercial.
[2]
Any area within a five-hundred-foot radius of
any school, nursery, day-care center, church, synagogue, public park
or playground, library, hospital or clinic, public building or community
center or nursing home.
[3]
Any open area, open court or other mandatory
open portion on any lot, plot or premises.
[4]
Any area within a two-hundred-fifty-foot radius
of any place or premises, other than a bar or bar-restaurant, in which
any game or amusement device is currently and lawfully used, stored,
owned, leased, possessed, operated or maintained under a valid license
or permit issued pursuant to this Article.
[5]
Within or upon any place, premises or building,
other than a bar or bar-restaurant, in which any type of food, beverage,
liquor or alcoholic beverage is or may be sold, offered for sale,
purchased, dispensed, served or consumed or in which the same is permitted
to be brought into or possessed in or upon any part or portion of
such place, premises or building.
[6]
Within or upon any place, premises or building,
any part or portion of which is designed, constructed, altered, intended,
used or maintained as or for a residential dwelling or apartment,
whether or not the same shall be segregated from the remainder of
such premises and whether or not the same shall be located on the
same or a different floor of such building or premises as the remaining
portion thereof.
(31)
Accessory apartments.
[Amended 9-13-2012 by L.L. No. 2-2012]
(a)
An accessory apartment may be established in those districts
where permitted by special use permit, if the Planning Board finds
that:
[1]
In the RA, R40, and R20 zones, the principal use is a single-family
owner-occupied dwelling.
[2]
In the RA, R40, and R20 zones, an existing single-family dwelling
may be converted to include an accessory apartment but there shall
be no exterior changes which alter the existing foundation.
[3]
The accessory apartment is self-contained, with separate cooking,
sleeping and sanitary facilities for use by the occupant(s).
[4]
In the RA, R40, and R20 zones, the principal use shall have
only one exterior front entrance, with any additional entrances being
located at the side or rear of the structure.
[5]
The accessory apartment is subordinate to the principal use
and in the RA, R40, and R20 zones shall contain no greater than 35%
of the total habitable space of the principal use and in the HC zone
shall contain no more than two accessory apartment units. "Habitable
space" shall be that as defined in Article 3, Part 711.1, of the New
York State Uniform Fire Prevention and Building Code, as amended.
[6]
The conversion of any existing principal use or construction of a new principal use to accommodate an accessory apartment, as defined herein and in § 219-5, is limited to one accessory apartment per principal single-family dwelling unit and in the HC zone is limited to two accessory apartments with no more than two bedrooms per apartment per parcel.
[7]
Each principal use and accessory apartment is, at the time of conversion or if new construction, on a single lot with lot area setbacks of no less than the minimum specified in Article IV, Use, Area and Bulk Regulations. (NOTE: The above lot area requirement is a minimum; however, due to site conditions (soils, topography, etc.), additional lot area may be required by the Rensselaer County Health Department.)
[8]
Parking has been provided for the accessory apartment(s) and the principal use as set forth in § 219-25, and such parking is designed and located to be convenient without encroaching on any yard or setback area at time of site plan.
[9]
Approval has been granted by the Rensselaer County Health Department
for any required on-site sanitary or water supply system.
[10]
In the HC zone, approval has been granted by the
Town of Schodack for connection to the public water supply.
(b)
Approval by the Planning Board shall be required for any accessory apartment in accordance with the provisions of this article and Article XI, Site Plan Review.
(c)
Approval procedure. Applications for approval of an accessory
apartment shall be in accordance with this article and shall be filed
with the Planning Board. In considering such application, the Planning
Board shall consider the impact that any accessory apartment may have
on the adjoining properties and general neighborhood where the accessory
apartment is proposed to be located.
(d)
Change of ownership.
[1]
Within 60 days after the transfer of title to premises for which
a special permit has been granted for an accessory apartment, the
Building Inspector shall inspect the premises to determine that the
unit is in compliance with the special permit.
[2]
If an owner refuses permission to the Building Inspector to
inspect the principal use and the additional accessory apartment(s)
contained therein, or if the Building Inspector determines that any
of the applicable provisions of the special permit have not been complied
with, the Building Inspector shall serve a written notice upon the
owner setting forth the conditions found to be in violation and allowing
a reasonable time for the owner to comply. If the owner fails to comply
within the time allowed, the Planning Board shall revoke the special
use permit and direct that the accessory apartment(s) created pursuant
to this subsection be vacated.
(32)
Two-family dwellings.
(a)
Such two-family dwelling shall contain at least
600 square feet of floor area for each dwelling unit.
(b)
Such two-family dwelling shall meet the requirements for lot area and setbacks as stated in Article IV, Use, Area and Bulk Regulations.[4]
[4]
Editor's Note: The Schedule of Area and Bulk Requirements is included at the end of this chapter.
(c)
Parking, as required [two spaces per dwelling
unit], shall be on-site and designed and located so as to be convenient
without encroaching on any yard or setback areas.
(d)
Approval shall have been granted by the Rensselaer
County Health Department for any required on-site sanitary or water
supply system.
(33)
Motor vehicle sales establishments, new and
used. Motor vehicle sales establishments, with accessory facilities,
may be permitted in the HC Highway Commercial District, provided that:
(a)
The maximum lot coverage shall be no greater
than 35%.
(b)
No commercial sale of gasoline shall be permitted
nor shall any pump be located in a front or side yard.
(c)
No structure shall be erected closer than 50
feet to any street or property line.
(d)
No parking or vehicle display shall be closer
than 35 feet to a front property line or street line or closer than
10 feet to a side or rear property line.
(e)
The sale of used vehicles shall be conducted
only as an accessory use to the sale of new vehicles.
(34)
Personal wireless telecommunications service
facilities.
[Added 10-10-1996 by L.L. No. 7-1996]
(a)
Co-location. New telecommunications facilities
shall be sited on existing telecommunications facilities or in areas
already in use for telecommunications and/or utility distribution
lines in order to preserve the aesthetic and scenic value of the town,
unless the applicant demonstrates unequivocally that co-location is
not possible.
(b)
Applicants for a special permit to place, construct
or modify personal wireless telecommunications facilities within the
Town of Schodack shall submit the following information to the Planning
Board for its referral to a professional engineer or consultant for
review and recommendation:
[1]
Visual environmental assessment form (Visual
EAF), landscaping plan and visual assessment report, including appropriate
modelling and photography assessing the visibility from key viewpoints
identified in the Visual EAF, existing treelines, and proposed elevations.
[2]
Preliminary report prepared by a licensed professional
engineer describing:
[a]
Feasibility of co-location on existing
structures and telecommunications facilities.
[b]
Applicant's full map and grid coverage
in the town.
[c]
Surrounding topography and relation
to line of sight transmission.
[d]
Available road access, electric
power and land-based telephone lines and/or microwave link capability.
[e]
Required improvements or construction
activities, including those within the public right-of-way or lands
owned or controlled by the Town of Schodack.
[f]
Identity of location, ownership
and usage of currently existing telecommunications facilities within
the town.
[g]
Plans for construction of telecommunications
accessory equipment building or structure and landscaping plan.
[h]
Proposed mitigation measures for
visual impacts.
[i]
Proposed safety measures.
[j]
Compatibility with existing telecommunications
networks, NYS Thruway Authority telecommunications network work and
public safety and emergency networks, such as fire, ambulance, police
and 911.
[3]
In the case of an application for a telecommunications
tower, additional information shall be provided describing: the telecommunications
tower height and design, including a cross section of the structure;
the telecommunications tower's compliance with applicable structural
standards; the telecommunications tower's capacity, including the
number and type of telecommunications antennas it can accommodate
and the basis of calculation of capacity.
[4]
In the case of a telecommunications antenna
mounted on an existing structure, additional information shall be
provided indicating: the existing structure's suitability to accept
the telecommunications antenna; the proposed method of affixing the
telecommunications antenna to the structure; and complete details
of all fixtures and couplings, and the precise point of attachment
shall be indicated.
[5]
Demonstration of need for proposed telecommunications
facility showing the impracticality of upgrading or expanding an existing
site.
[6]
Demonstration that the proposed site is the
most appropriate available site within the immediate area for the
location of the cellular telephone facility.
[7]
Inventory of existing telecommunications facilities
within the town outlining opportunities for shared use as an alternative
to the proposed use. The applicant must demonstrate that the proposed
telecommunications tower or telecommunications antenna cannot be accommodated
on an existing approved telecommunications tower or facility.
[8]
Description of the applicant's long-range plans
which project market demand and long-range facility expansion needs
within the town.
[9]
Proof of certified mail announcements to all
other telecommunications providers in the area declaring the applicant's
sharing capabilities and/or siting needs.
[10]
A map showing the location of
the premises for which the permit is sought and sketch plan showing
all features of the facility necessary for providing road access,
electrical service, land-based telephone line connection and/or microwave
link capability within the property boundaries of the proposed location.
[11]
In the case of an application
for a telecommunications antenna or tower to be located on private
lands owned by a party other than the applicant or the town, a copy
of the lease agreement with the property owner shall be provided to
the Planning Board.
[12]
Such other information as may
be required by the Planning Board or its engineer.
(c)
Special permits issued for personal wireless
telecommunications service facilities shall be subject to the following
general conditions:
[1]
Separation distance. Telecommunications facilities
shall be separated from all residential dwellings by a distance of
250 feet or 1 1/2 times the height of the tower, whichever is
greater.
[2]
All telecommunications accessory structures
shall comply with zoning setback regulations in the affected zone.
In any event, a telecommunications tower shall be set back a distance
at least equal to its height. Additional setbacks may be required
by the Planning Board in order to provide for the public safety.
[3]
Minimal visual impacts. All telecommunications
towers and telecommunications antennas shall be sited to have the
least possible practical visual effect on the environment.
[4]
Lighting. Telecommunications towers shall not
be artificially lighted unless otherwise required by the Federal Aviation
Administration or other federal, state or local authority.
[5]
Material and paint. Telecommunications towers
and telecommunications antennas shall be of a galvanized finish, or
painted gray above the surrounding treeline, and gray or green below
the treeline; the mountings of telecommunications antennas shall be
nonreflective and of the appropriate color to blend with their background.
[6]
Screening.
[a]
Vegetative screening.
[i]
Where a cellular telephone facility
abuts residential or public property, the following vegetative screening
shall be provided: one row of native evergreen shrubs or trees capable
of forming a continuous hedge at least five feet in height within
two years of planting shall be provided to effectively screen the
telecommunications tower base and accessory facilities.
[ii]
Additional screening may be required
by the Planning Board to screen portions of the telecommunications
tower from nearby residential property or important views.
[b]
Architectural screening. Creative
design measures to camouflage facilities by integrating them with
existing buildings and among other existing uses is preferred.
[7]
Height. The size of telecommunications sites
shall be limited to the minimum required to provide the proposed telecommunications
services.
[8]
Access roads. Existing roadways shall be used
for access to the site whenever possible.
[9]
Telecommunications accessory structures. Telecommunications
support facilities such as vaults and equipment rooms, utilities and
other support structures shall be screened, placed underground, depressed,
earth bermed or sited below the ridgeline to the greatest extent feasible,
particularly in areas of high visibility.
[10]
Telecommunications antennas. Due
to their high visibility, dish and parabolic telecommunications antennas
shall be located at as low an elevation as possible without compromising
the function of the device, preferably on the sides of buildings or
ground mounted on slopes below the ridgeline wherever possible, rather
than elevated on telecommunications towers. Microwave and satellite
dishes shall be of mesh construction wherever possible.
[11]
Utility service. Electrical and
land-based telephone utilities extended to serve telecommunications
sites shall be undergrounded.
[12]
Security provisions. Each site
shall have a security program including physical features such as
fencing, anti-climbing devices or elevating ladders on the telecommunications
towers and/or monitoring, either by staff or electronic devices, to
prevent unauthorized access and vandalism.
[13]
Safe zone. Telecommunications
towers shall be designed so that in the event of failure they will
fall within the setback area of the site and/or away from adjacent
development.
[14]
Noise. Noise-producing equipment
shall be sited and/or insulated to minimize noise impacts on adjacent
properties.
[15]
Annual inspection and report.
Telecommunications towers over 100 feet in height, including towers
existing on the effective date hereof, shall be inspected annually
by a licensed professional engineer, or at any other time upon a determination
by the town's building inspector that the telecommunications tower
may have sustained structural damage, and a copy of the inspection
report submitted to the Town Building Inspector.
[16]
Removal. All telecommunications
facilities, including but not limited to antennas, towers and accessory
structures, shall be dismantled and removed from the site when they
have been inoperative or abandoned for two years. Applicants shall
post a bond or other suitable undertaking as a condition of the use
permit in order to guarantee removal of abandoned structures.
[17]
Post-installation field report.
A post-installation field report identifying the facility's coverage
area, the telecommunications tower's maximum capacity, committed capacity
and unused capacity, if any, and co-located users of the telecommunications
tower shall be submitted to the town.
[18]
Lease agreement. In the case of
an application for a telecommunications antenna or tower to be located
on private lands owned by a party other than the applicant or the
town, a copy of the lease agreement with the property owner, together
with any modifications thereof, shall be filed in the office of the
Town Clerk.
[19]
Proof of insurance. The applicant
and the owner of the property where the telecommunications tower and/or
antenna are to be located shall provide the Town Clerk with proof
of insurance in a sufficient dollar amount to cover potential personal
and property damage associated with construction and operation thereof.
[20]
Special permit term. Special permits
granted pursuant to this section shall be issued for a term of 10
years or the period of time requested by the applicant, whichever
is less.
(d)
The Planning Board may grant the special permit,
deny the special permit or grant the special permit with written stated
conditions. Denial of the special permit shall be by written decision
based upon substantial evidence submitted to the Board.
(e)
If a special permit is granted or granted with
stated conditions, the applicant must use the best available means
to mitigate visual and aesthetic impacts within the Town of Schodack.
This shall be a continuing requirement.
[Amended 10-12-1990 by L.L. No. 4-1990]
All uses proposed within the Flood-Fringe Overlay District (FF-O) shall be considered special permit uses, subject to review by the Planning Board for compliance with Chapter 118, Flood Damage Prevention, as certified to by a registered architect or licensed professional engineer.
The Planning Board shall act on all special
permit uses in accordance with the procedure specified herein:
A.
Application and fee.
(1)
All appeals and applications made to the Planning Board shall be in writing on forms prescribed by the Board and shall be accompanied by a fee as established by the Town Board. Each such application shall be accompanied by a sketch site plan as required in § 219-79 of this chapter.
(2)
The Planning Board may require an applicant for any
review, permit or approval to deposit in escrow an amount established
by the Planning Board to pay for the fees and/or costs of any engineer,
consultant or attorney designated by the Planning Board to review
such application. The fees and/or costs charged by such engineer,
consultant or attorney in connection with such review will be charged
against the sum deposited in escrow. Any amount remaining shall be
returned to the applicant within 45 days of final action on the application.
[Added 4-12-1990 by L.L. No. 1-1990]
B.
Public notice and hearing. The Board shall fix a time and place for a public hearing on any such special use permit application and shall provide notice and execute required referrals as specified in § 219-111C for an application to the Zoning Board of Appeals, with said public notice appearing at least five days prior to the public hearing in the official newspaper of the town.
C.
Decisions. Every decision of the Planning Board with
respect to a special use permit application shall be by resolution,
fully stating the decision, including any conditions attached thereto.
Each such decision shall be filed in the office of the building inspector.
A.
No building permit shall be issued for any structure
covered by this article until such special use permit has received
Planning Board approval and a copy of a resolution to the effect has
been presented to the building inspector.
B.
No certificate of occupancy shall be issued for any
structure or use of land covered by this article until the structure
is completed or the land developed in strict accordance with the Planning
Board resolution and applicable requirements of this chapter.
C.
Any use for which a special use permit may be granted
shall be deemed to be a conforming use in the district in which it
is located, provided that such permit shall be deemed to affect only
the lot or portion thereof for which such permit has been granted.
D.
The Planning Board may require in its resolution of
approval that a special use permit be renewed periodically. Such renewal
may be withheld only after public hearing and upon determination by
the Planning Board that such conditions as may have been prescribed
in conjunction with the issuance of the original permit have not been
or are being no longer complied with. In such case, a period of 60
days shall be granted for full compliance by the applicant prior to
revocation of the special use permit. New conditions may be imposed
by the Planning Board in its review of a previously issued special
use permit.
E.
The granting of a special use permit in a FF-O District
shall not be held to constitute a representation, guaranty or warranty
of any kind by the Town of Schodack or by an official or employee
thereof for the practicability or safety of any structure or use or
the proper functioning of the proposed facilities and plans and shall
not be held to create a liability upon or cause of action against
such public body, official or employee for any damage that may result
pursuant thereto.
A special use permit shall be deemed to authorize
only one particular special use and shall expire if the special use
permit is not commenced and diligently pursued within six months of
the date of special use permit issuance or ceases for more than six
months for any reason.
No permit shall be issued for a special permit
use for a property where there is an existing violation of this chapter.
