Town of Schodack, NY
Rensselaer County
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Table of Contents
Table of Contents
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:
(1) 
Public denominational or private schools, including playgrounds and accessory uses required for their operation.
(a) 
No building should be erected closer than 50 feet to any street or lot line.
(b) 
The maximum building coverage should not exceed 20% of the lot area.
(2) 
Public parks, libraries and museums.
(a) 
No building should be erected closer than 50 feet to any street or lot line.
(b) 
The maximum building coverage should not exceed 20% of the lot area.
(3) 
Places of worship, including related parish houses, seminaries, convents, dormitories and other accessory uses.
(a) 
No building should be erected closer than 50 feet to any street or lot line.
(b) 
The maximum building coverage should not exceed 20% of the lot area.
(4) 
Veterinarian's hospitals and animal hospital.
(a) 
There shall be no outside kennels or similar animal housing.
(b) 
Structures for such uses shall be located no nearer than 50 feet to any lot line.
(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.
(e) 
All camp owners (Type I and Type II) shall be required to apply for and receive a license from the Town Board, issued in accordance with the requirements and procedures of Article VIII, Mobile Homes, §§ 219-57, 219-58 and 219-59A and B of this chapter.
(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.
(a) 
There shall be compliance with all applicable provisions of the New York State Mined Land Reclamation Law[1] and other federal regulations.
[1]
Editor's Note: See § 23-2701 et seq. of the Environmental Conservation Law.
(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.
(11) 
Storage of construction and related vehicles.
(a) 
Storage or parking shall not be closer than any building setback line.
(b) 
No more than five vehicles shall be permitted.
(12) 
Raising and keeping of animals for laboratory purposes.
(a) 
The minimum lot area shall be 10 acres.
(b) 
No building or enclosure housing such animals shall be less than 150 feet from any property line.
(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]
[2]
Editor's Note: See Subsection A(16) of this section.
(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.
(e) 
A delivery area shall be provided and so located as to avoid conflict with customer parking areas and shall be designed in accordance with the standards required in § 219-26, Off-street loading.
(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:
[a] 
The maximum lot coverage shall be 35%.
[b] 
No commercial sale of gasoline shall be permitted, nor shall any pump be located in a front or side yard.
[c] 
The sale of used cars shall be conducted only as accessory to new car sales.
(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.
[3]
Editor's Note: See Article X, Special Permit Uses.
(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.
(b) 
Conditions to be considered when hearing a request for a kennel special use permit:
[1] 
The closeness to adjacent properties [minimum of 500 feet].
[2] 
The maximum number of animals to be maintained.
[3] 
The effect on character of neighborhood.
[4] 
Existing or proposed natural or man-made buffers.
(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.
(24) 
Roadside stand.
(a) 
General roadside stand: Permitted by special use permit.
(b) 
Limited roadside stand: Permitted by right as long as safe entry and exit and off-street parking are provided.
(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.
(e) 
The proposed two-family dwelling shall be architecturally consistent with existing residences in the general location of the dwelling with respect to, but not limited to, the following:
[1] 
Building facade design.
[2] 
Single front entrance.
[3] 
Garage design and location.
[4] 
Landscape plantings.
(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.
(f) 
Approval is granted in accordance with the provisions of this Article, and Article XI, Site Plan Review. [NOTE: The sale of used vehicles shall not be permitted as a use independent of the sale of new vehicles but as an accessory use thereto as provided herein.]
(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.