The attached Schedule of District Use Regulations is hereby
incorporated into and made part of these zoning regulations and shall
be referred to as the "Use Schedule."[1] No structure or land shall be used except as provided
in the use schedule. Uses which are not permitted are prohibited,
unless specifically stated elsewhere by this chapter.
[1]
Editor's Note: The Schedule of District Use Regulations is included at the end of this chapter.
A.
Automobile dealerships and gasoline service stations in the Gateway
Overlay District.
(1)
In the Gateway Overlay District, no automobile dealership shall be
located on a site, lot, or parcel within 1,200 feet of any other site,
lot, or parcel occupied by another automobile dealership, with such
distance measured along and/or across one or more public highway rights-of-way.
(2)
In the Gateway Overlay District, no gasoline service station shall
be located on a site, lot, or parcel within 1,200 feet of any other
site, lot, or parcel occupied by another gasoline service station,
with such distance measured along and/or across one or more public
highway rights-of-way.
B.
Gasoline service stations. In any district where permitted, an automotive
service or gasoline- and/or diesel-fuel-filling station shall be subject
to the following:
(1)
No fuel pump shall be located closer than 20 feet from any side lot
line nor closer than 35 feet from any street line, as measured from
the outside edge of the fuel island.
(2)
Entrance and exit driveways shall not be less than 15 feet and not
more 30 feet in width and shall be laid out so as to avoid the necessity
of any vehicle backing out onto any street.
(3)
No entrance or exit driveway shall be within 200 feet of and on the
same side of the street as an elementary school, library, hospital,
church or other place of worship, fire station, park, playground or
other public gathering place, unless a street of 50 feet or more in
right-of-way or parcel width separates such uses from such a service
or filling station.
C.
Animal specialties, veterinary and animal services. No fenced enclosure,
pen, run or similar unenclosed area for animals shall be located within
50 feet of any property line.
D.
Mining and quarrying of nonmetallic and nonfuel minerals. No mining
activities shall take place in any lands located within a Sensitive
Area Overlay District.
E.
Country general stores, convenience stores, antique shops, and bait
and tackle shops.
F.
Junkyards. Junkyards shall comply with all standards and requirements
set forth in § 136 of General Municipal Law.
G.
Eating and drinking places, resorts, bed-and-breakfasts, and inns.
[Amended 7-13-2022 by L.L. No. 3-2022]
(1)
Outdoor lighting, except that necessary for security purposes, shall
be extinguished by 11:00 p.m. or completely shielded from the view
of adjacent properties.
(2)
Outdoor loudspeakers or sound systems shall only be used between
the hours of 8:00 a.m. and 10:00 p.m.
(3)
A landscaped buffer at least 40 feet in width shall be provided adjacent
to all property lines except the street line, where such buffer shall
be 20 feet. This requirement shall not apply to bed-and-breakfast
inns.
H.
Cemeteries and crematories.
(1)
No burial or memorial plots or buildings shall be located closer
than 50 feet to any residential lot line, except that when a dense
evergreen hedge or a wall or landscaped strip of at least six feet
in height providing complete visual screening from all adjacent residential
property is provided burial or memorial plots less than six feet in
height may be located no closer than 20 feet from any residential
lot line.
(2)
Crematories for human remains shall be located only in cemeteries.
(3)
Crematories for animal remains shall be subject to the following:
I.
Lodges (maximum 50 units), camps and recreational vehicle parks.
In reviewing special use permit applications for lodges (maximum 50
units), camps and recreational vehicle parks, the Planning Board shall
consider the following:
(1)
Facilities shall not be located closer than 50 feet to any residential
lot line,
(2)
Adequacy of parcel size so as not to induce overcrowding,
(3)
The extent to which noise or light interferes with the use and enjoyment
of surrounding properties and appropriate hours of operation to limit
such impacts.
J.
Pleasure and houseboat rentals, lifeguard services, privately operated
fishing piers. These facilities shall be located on waterfront property
only and shall have access to county or state roads.
K.
Amusement and recreation services, not elsewhere classified but not
including pleasure and houseboat rental, lifeguard services, privately
operated fishing piers, ski areas and skating rinks. These facilities
shall have access to county or state roads.
L.
Boat and yacht clubs. These facilities shall be located only on properties
with waterfront access.
M.
Country clubs, golf clubs and public golf courses. The Planning Board
shall require water and well yield studies to determine whether there
are any impacts to area wells.
N.
Building construction - general contractors and operative builders,
construction other than building construction - general contractors,
and construction - special trade contractors. These facilities shall
be substantially buffered and/or screened to limit their visibility
from roads and adjoining residential properties.
P.
Commercial telecommunications facilities.
(1)
No commercial telecommunications facility (CTF) shall hereafter be
used, erected, moved, reconstructed, changed or altered nor shall
any existing structure be modified to serve as a commercial telecommunications
facility unless in conformity with the standards, regulations and
procedures set forth below.
(2)
Purpose.
(a)
Preserve the character and appearance of the Town while simultaneously
allowing adequate commercial telecommunications services to be developed,
and provide a sufficient number of locations to accommodate the needs
of telecommunications service providers;
(b)
Protect the scenic, historic, environmental, and natural or
man-made resources of the community;
(c)
Provide standards and requirements for regulation, placement,
construction, monitoring, design, modification, and removal of commercial
telecommunications facilities;
(d)
Establish a systematic review process that ensures action within
a reasonable period of time for requests for authorization to place,
construct, operate, or modify commercial telecommunications facilities;
(e)
Preserve property values;
(f)
Minimize the total number and height of facilities throughout
the community while providing adequate coverage for the Town of Saugerties;
(g)
Locate CTFs so that they do not have negative impacts, such
as, but not limited to, attractive nuisance, noise and falling objects,
on the general safety, welfare, and quality of life of the community;
(h)
Require owners or sponsors of CTFs to configure them so as to
minimize and mitigate the adverse visual impact of the facilities;
and
(i)
Provide opportunities for the location of emergency service
telecommunications systems on commercial facilities and to encourage
commercial facilities to expedite such co-location.
(3)
Application for a special use permit required.
(a)
An applicant shall be required to submit an application for a special use permit in accordance with the requirements of § 245-34 of this chapter.
(c)
The cost of any reviews by outside experts deemed necessary
by the Planning Board to fulfill any of its responsibilities hereunder
shall be at the applicant's expense. Such experts may include but
not be limited to civil engineers, professional planners, attorneys
and radio frequency engineers.
(4)
Design standards.
(a)
Policies. The standards set forth below are intended to implement
the following policies regarding location and design of CTFs:
[1]
The visibility of a facility shall be limited to the absolute
minimum necessary to provide adequate service.
[2]
Visibility shall be kept to a minimum by use of a combination
of appropriate techniques, including height limits, color and texture
of material, camouflage or "stealth" design, size, scale and shape
of equipment.
[3]
Limited visibility is most important when a CTF is located within
or visible from significant viewsheds, open spaces or historic sites.
[4]
Co-location of facilities is preferred to new facilities only
when such co-location does not increase the height or visibility of
the CTF.
[5]
Several small facilities which have minimal visibility are preferred
to one facility which has significant visibility.
(b)
Priority of facility types. In accord with the policies set forth in Subsection P(4)(a) above, the Town of Saugerties shall give preference to the location and design of CTFs in the following descending order:
|
Type 1: Facilities that are incorporated into the design of
new or existing structures such as church steeples, farm silos, flag
poles, light poles, water towers, etc., in such a way that the commercial
telecommunications facility is indistinguishable from the structure
itself.
| |
|
Type 2: Facilities that are attached to or mounted on existing
tall structures but do not increase the height of such structure by
more than 10 feet or facilities which simulate a tree or other natural
feature.
| |
|
Type 3: Facilities that are co-located on existing commercial
telecommunications towers that have previously been approved under
this section.
| |
|
Type 4: New commercial telecommunications towers located on
the same site as a similar tower previously approved under this section.
| |
|
Type 5: New commercial telecommunications towers on new sites.
|
(c)
Detailed design standards.
[1]
Type 2 facilities located on existing utility poles or similar
structures shall be of a size, color and profile to minimize visibility.
[2]
Type 3 facilities (co-located) shall be designed so that the
height of the tower is not increased and the existing design elements
are maintained.
[3]
Type 3, 4 and 5 facilities shall be subject to the following
standards:
[a]
The facility shall not be sited in an open field,
meadow or similar unwooded area.
[b]
The height of any new tower shall be below that
which would require the need for artificial lighting.
[c]
No facility shall be silhouetted against the sky
as seen from any viewpoint located 1,000 feet or more from the base
of the facility.
[d]
Unless specifically required by other regulations,
all facilities shall have a neutral, earth-tone or similar painted
finish that will minimize the degree of visual impact that a new facility
may have.
[e]
Alternate designs shall be considered for new towers,
including lattice and single-pole structures and facilities that simulate
natural features or indigenous structures (steeples, silos, etc.).
[4]
Antennas should be designed with a minimum of protruding elements
and shall be as close to the supporting building, pole or tower as
possible.
[5]
Equipment shelters and similar accessory structures shall be
of the minimum size necessary and shall either be concealed in existing
structures or utilize materials, colors, shapes and textures that
blend with the immediate surroundings or be buried underground.
[6]
No new antenna or ground equipment shall be placed on any existing
facility or at any existing facility site which is nonconforming with
respect to the height or setback standards set forth herein.
[7]
Except as required by law, no tower, antenna or ground equipment
shall be lighted in such a way that the light source or any illumination
is visible beyond the boundaries of the property.
[8]
The Planning Board shall require a review by a qualified structural
engineer or other expert of the height and structural design of any
new tower.
[9]
All proposed Type 4 or 5 commercial telecommunications towers
and accessory structures shall be set back from abutting residential
parcels, public property or street lines a distance sufficient to
contain on site substantially all ice-fall or debris from tower failure
and preserve the privacy of adjoining residential properties.
[a]
All tower bases must be located at a minimum setback
of 1.5 times the tower height from any property line. However, no
facility shall be located within 1,500 feet of a district or structure
listed or eligible for listing on the National or State Register of
Historic Places.
[b]
Accessory structures and repeaters must comply
with the minimum setback requirements in the underlying district.
(5)
Site planning standards.
(a)
Existing vegetation. Existing on-site vegetation shall be preserved
to the maximum extent possible, and no cutting of trees exceeding
eight inches in diameter (measured at a height of four feet off the
ground) shall take place prior to approval of the special use permit.
Clear-cutting of all trees in a single contiguous area exceeding 20,000
square feet shall be prohibited.
(b)
Screening. Deciduous or evergreen tree plantings shall be required
where deemed necessary to screen portions of the facility and accessory
structures from nearby residential properties as well as from public
sites known to include important views or vistas. Where the site abuts
residential or public property, including streets, the following vegetative
screening shall be required: For all towers, at least one row of native
evergreen shrubs or trees capable of forming a continuous hedge at
least 10 feet in height within two years of planting shall be provided
to effectively screen the tower base and accessory facilities. In
the case of poor soil conditions, planting may be required on soil
berms to assure plant survival. Plant height in these cases shall
include the height of any berm.
(c)
Access. Adequate emergency and service access shall be provided.
Maximum use of existing roads, public or private, shall be made. Road
construction shall at all times minimize ground disturbance and vegetation
cutting to within the toe of fill, the top of cuts or no more than
10 feet beyond the edge of any pavement. Road grades shall closely
follow natural contours to assure minimal visual disturbance and reduce
soil erosion potential. Straight roads perpendicular to the prevailing
grade shall be avoided to the maximum extent possible.
(d)
Parking. No parking space shall be located in any required setback.
(e)
Fencing. Sites of proposed new towers and sites where modifications
to existing towers are proposed shall be adequately enclosed by a
fence, unless the applicant demonstrates to the Planning Board that
such measures are unnecessary to ensure the security of the facility.
The applicant shall be wholly responsible for ensuring that the telecommunications
facility site and all structures situate thereon are safe and secure
for all purposes, uses and activities.
(6)
Location and co-location of CTFs.
(a)
Location. CTFs shall only be located, upon issuance of a special
use permit, in accord with the following standards:
(b)
Type 3, shared use of existing facilities. At all times, shared
use of existing facilities shall be preferred to the construction
of new facilities, provided any additional equipment does not increase
the height or visibility of the existing facility. An applicant shall
be required to present an adequate report inventorying existing facilities
and other facilities within reasonable distance of the proposed site
and outlining opportunities for shared use of existing facilities
as an alternative to a proposed new tower.
[1]
An applicant proposing to share use of an existing tower shall
be required to document intent from an existing tower owner to allow
shared use.
[2]
The Planning Board may consider a new commercial telecommunications
tower where the applicant demonstrates that shared usage of an existing
tower is impractical. The applicant shall be required to submit a
report demonstrating good faith efforts to secure shared use from
existing facilities as well as documentation of the physical and/or
financial reasons why shared usage is not practical. Written requests
and response for shared use shall be provided.
(c)
Type 4, shared usage of site with new tower. Where shared usage of an existing tower is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Subsection P(6)(b) above.
(d)
Type 5, new tower at a new location. The Planning Board may consider a new commercial telecommunications tower on a site not previously developed with an existing tower when the applicant demonstrates that shared usage of an existing tower site is impractical and submits a report as described in Subsection P(6)(b) above.
(e)
Future shared usage of new facilities. The applicant shall design
any proposed new commercial telecommunications tower to accommodate
future demand for new facilities and shall provide written commitment
to allow such future co-location of facilities for other CTF service
providers. The scope of this analysis shall be determined by the Planning
Board. This requirement may be waived only if the applicant demonstrates
that provisions of future shared usage of the facility are not feasible
and an unnecessary burden, based upon:
[1]
The number of Federal Communications Commission (FCC) licenses
foreseeably available for the area;
[2]
The kind of tower site and structure proposed;
[3]
The number of existing and potential licenses without tower
spaces;
[4]
Available spaces on existing and approved facilities; and
[5]
Potential adverse visual impact by a tower designed for shared
usage.
(7)
Supporting documentation. In addition to the application for a special
use permit, the applicant shall also submit the following:
(a)
Visual impact report. For any facility Type 3, 4 or 5, as described in Subsection P(4)(b) above, a "zone of visibility" map showing all land area within five miles of the proposed facility from which the proposed facility will be visible. In addition, a brightly colored balloon with a five-foot diameter shall be suspended at the maximum height of the proposed facility for at least four hours at a time and date specified by the Planning Board. The applicant shall place an advertisement announcing such test in the Town's official paper at least seven and no more than 10 days prior to the test.
(b)
Visual impact assessment. Based on the results of the zone of
visibility map and balloon test, the Planning Board may require submission
of additional data, including, but not limited to, a visual simulation
of the proposed facility from specific viewpoints. Construction of
a new tower or modification of an existing tower shall be subject
to the relevant guidelines and criteria below that are determined
by the Planning Board at the presubmission conference to be appropriate:
[1]
Assessment of "before and after" views from key viewpoints both
inside and outside of the Town, including state highways and other
major roads, state and local parks, and other public lands from any
privately owned preserves and historic sites normally open to the
public and from any other location where the site is visible to a
large number of visitors or travelers. In its review of the visual
impact assessment, the Planning Board shall consider, among other
impacts, the visibility of the facility above nearby ridgelines, its
height in relation to the tree crown in the surrounding area, its
color and materials in relation to those of nearby structures and
other factors which contribute to or detract from the harmony of the
visual environment. A photo simulation to evaluate such impacts may
be required.
[2]
Assessment of alternative tower designs and color schemes.
[3]
Assessment of the visual impact of the tower base, guy wires,
accessory buildings and overhead utility lines from abutting properties
and streets.
(c)
Site selection report.
[1]
Inventory of existing sites. The site selection report shall
include an inventory of existing wireless telecommunications facilities,
towers, and antenna sites within a reasonable distance (at least two
miles in all directions) from the proposed site, outlining opportunities
for shared use as an alternative to the proposed site. The applicant
must demonstrate that the proposed tower, facility or antenna cannot
be accommodated on an existing tower, building or structure. The documentation
of existing sites shall include, but not be limited to, location (address
and latitude and longitude), ground elevation, type of structure,
antenna height, type of service, and name of owner or service provider.
[2]
Siting criteria. A description of the siting criteria and the
process by which other possibilities were considered and eliminated,
including but not limited to real estate search areas, accessibility
to roads and utilities, distances and bearings to other system sites,
acceptable radio signal levels and radio coverage areas, and/or microwave
interconnection path requirements. The applicant shall support this
statement with the submission of a study comparing all potential host
sites within an approximate two-mile radius of the subject site. This
study should include a description of the surrounding sites and a
discussion of the ability or inability to host a facility.
[3]
Radio coverage analysis. Radio coverage maps and/or overlays
shall be provided that show the existing service coverage in the vicinity
of the proposed site and the predicted service coverage from the proposed
site at the requested antenna height. These maps shall demonstrate
how the proposed facility works with existing facilities in the area
to fill coverage gaps and/or holes in service. Measured data or "drive
testing" results may be requested to demonstrate the accuracy of computer-generated
simulations of radio coverage.
[4]
Radio frequency effect. Federal law currently provides that
local municipal regulation of cellular communication and PCS towers
based upon the environmental effect of radio-frequency emissions is
preempted and prohibited as long as those emissions comply with FCC
standards. The applicant shall provide sufficient evidence that the
telecommunications facility will comply with Federal Communications
Commission (FCC) radio frequency emission standards (FCC OET Bulletin
65).
(d)
Build-out plan. With any carrier's first application for a commercial
telecommunications facility following the date of passage of this
chapter, a build-out plan shall be submitted which depicts the general
location, height and design of all other facilities which are deemed
necessary within the Town to accomplish the applicant's coverage objectives
and capacity requirements. Such build-out plan shall be based on the
height, location and output of the initial proposed facility and shall
include predicted coverage propagation plots indicating the signal
level depicted, showing all existing and future facilities within
the Town and within a five-mile radius of the Town's boundaries. The
build-out plan shall include a narrative which explains the basis
for selecting or eliminating sites.
(e)
Alternative build-out plans. If the applicant is proposing a Type 3, 4 or 5 facility, as defined in Subsection P(4)(b) above, the build-out plan described above shall be accompanied by an alternative plan(s) utilizing a combination of Type 1 or 2 facilities or an analysis demonstrating that such an alternative is not feasible.
(8)
Maintenance and removal of facilities.
(a)
Maintenance and/or performance bond. The Planning Board shall
require the applicant and/or owner to post and file with the Town
Clerk of the Town of Saugerties, prior to approval of any application
and/or license, a maintenance and/or performance bond in an amount
sufficient to cover the cost of installation, maintenance and/or construction
of said facility during its lifetime, including all screening, landscaping
and accessory structures. The amount required shall be determined
in the sole discretion of the Planning Board, based upon the unique
characteristics of the tower and site. In furtherance of the foregoing,
the applicant and/or owner shall cooperate with the Planning Board
in supplying all necessary construction and maintenance data to the
Board prior to approval of any application and/or license to accomplish
the foregoing.
(b)
Structural inspection.
[1]
The CTF owner shall establish an escrow account with the Town
of Saugerties to pay for an independent licensed structural engineer
hired by the Town of Saugerties to conduct inspections of the facility's
structural integrity and overall safety every two years. A written
report of the inspection results shall be prepared by the licensed
structural engineer and submitted to the Building Inspector for review
and action thereon.
[2]
Should the inspection of any CTF reveal any defect or change
which the Building Inspector determines renders the facility or portion
thereof unsafe, the Building Inspector shall notify the facility owner
of the unsafe conditions and thereafter take necessary actions under
law to have the unsafe conditions remedied.
[3]
Any modification of any existing CTF shall require a structural
analysis, which shall be submitted to the Building Inspector for review.
For the purposes of this paragraph, "modification" is defined as any
alteration, change or proposed change in structure or dimension of
an existing facility, number of antennas, change in antenna type or
model and repositioning of any antenna.
(c)
Removal of facilities.
[1]
Any CTF which ceases to operate for a period in excess of six
months shall be wholly removed from the site. "Cease to operate" is
defined as not performing all normal functions associated with operation
of the CTF and its equipment on a continuous basis for a period in
excess of six months.
[2]
Prior to special use permit approval being granted by the Planning
Board, the CTF applicant, sponsor, lessee, contract vendee or owner,
their successors and assigns, shall obtain a financial surety, bond
or similar undertaking sufficient to cover the entire cost of removal
of the commercial telecommunications facility and related facilities
such as power lines, transformers, etc. and the reclamation of the
affected landscape to substantially the same condition as prior to
the facility's construction. Said financial surety, bond or similar
undertaking shall be in an amount acceptable to the Planning Board
and substantiated by a qualified and independent engineering expert
as designated by the Planning Board. The amount of financial surety
shall be reviewed every three years and, if necessary, increased to
reflect current costs of facility removal and site reclamation.
[3]
As part of the application process, the applicant shall submit
to the Planning Board a letter of commitment which shall commit the
CTF owner and its successors and assigns to notify the Building Inspector,
in writing, within 30 days of the discontinuance of use of the facility.
Failure to notify and thereafter remove the facility and all appurtenances
within a period not to exceed six months from the giving of said written
notice shall be deemed a violation punishable under applicable provisions
of this chapter. Notwithstanding this provision, the Building Inspector
shall have the right to independently investigate any discontinuance
of the facility and render a written determination setting forth the
extent, duration and facts evidencing the violation and the discontinuance
of the facility. Upon rendering said written determination, written
notice of the determination shall be provided to the owner and the
lessees of the facility and the owners of the real property upon which
the facility is situate by certified mail, return receipt requested.
Upon proven receipt of the notice of the determination by the facility
owner, any lessee of the facility and the owners of the real property
said facility is situate thereon, the Building Inspector and the Town
of Saugerties may commence legal proceedings to levy upon the financial
surety, bond or similar undertaking and have the facility removed
from the site in accordance with all applicable law.
[4]
Upon recommendation of the Planning Board, the Town Board may
waive or defer the requirement that a commercial communications tower
be removed if it determines that retention of such tower is in the
best interest of the Town.
(9)
Approval and conditions.
(a)
Criteria for approval. Not withstanding any other findings which
it may make, the Planning Board shall specifically make all of the
following findings before granting the special use permit:
[1]
That the applicant is not already providing adequate coverage
and/or adequate capacity to the Town of Saugerties;
[2]
That the applicant is not able to use existing facilities or
sites to provide adequate coverage and/or adequate capacity to the
Town of Saugerties;
[3]
That the applicant has agreed to rent or lease available space
on the facility, under the terms of a fair-market lease, without discrimination
to other telecommunications providers;
[4]
That the proposed CTF does not exceed the minimum height required
to provide adequate service and will not have a significant adverse
impact on historic resources, scenic views, residential property values,
natural or man-made resources; and
(b)
Authority to impose conditions.
[1]
The Planning Board shall have the authority pursuant to special use
permit review to impose such reasonable conditions as are directly
related to and incidental to the proposed CTF, including that the
special use permit may require periodic renewal.
[2]
The Planning Board shall act and render any special use permit final
decision upon an application for a CTF in conformance within 47 U.S.C.
§ 332(7) of the Telecommunications Act of 1996, as promulgated
and amended. In addition to the definition set forth in this chapter,
the term "commercial telecommunications facility" shall be deemed
to encompass and regulate "personal wireless service facilities" as
said facilities are defined at 47 U.S.C. § 332(7)(c)(i-iii).
(10)
Monitoring and evaluation of compliance.
(a)
Pre testing. After the granting of a special use permit and
before the facility begins transmission, the applicant shall retain
an independent consultant, at the applicant's expense, to monitor
the background levels of EMF radiation around the proposed facility
site and/or any repeater locations to be utilized for the applicant's
facility. The independent consultant shall use a monitoring protocol
consistent with accepted engineering practice. A report of the monitoring
results shall be prepared by the independent consultant and submitted
to the Planning Board.
(b)
Post testing. Within 30 days after transmission begins, the
owner(s) of any facility located on any facility site shall retain
an independent consultant to conduct testing and monitoring of EMF
radiation emitted from said site and report results of said monitoring
to the Building Inspector within 15 days. The independent consultant
shall use actual field measurement of radiation, utilizing a monitoring
protocol consistent with accepted engineering practice, to measure
levels of EMF radiation from the facility site's primary antennas
as well as from repeaters (if any).
[1]
CT facility owner(s) shall provide the Building Inspector with
copies of the annual report on emission compliance, certified by a
licensed engineer, which is submitted to the FCC.
[2]
Any modification of an existing CT facility, or the activation
of any additional permitted channels, shall require new monitoring.
(c)
Excessive emissions. Should the monitoring of a facility site reveal that the site exceeds the FCC OET-65 standard, then the owner(s) of all facilities utilizing that site shall be so notified. The owner(s) shall take all necessary measures to reduce emission within 30 days of initial notification of noncompliance. Failure to accomplish this reduction of emission to comply with the FCC OET-65 standard within 30 days of initial notification of noncompliance shall be a violation of the special use permit and be subject to penalties, fines and enforcement as specified in Article XII of this chapter. Such fines shall be payable by the owner(s) of the facilities with antennas on the facility site until compliance is achieved.
(d)
All structural and nonstructural elements of the site, including
towers, accessory structures, landscaping and "stealth" design features,
shall be maintained in the condition on which the original special
use permit was based.
Q.
Boardinghouses and/or rooming houses.
(1)
At the time of issuance of such special use permit and at all times
when said premises are used as a rooming house or boardinghouse, the
owner thereof shall maintain his primary residence in and shall actually
reside in said premises.
(2)
Off-street parking must be provided on the premises at the rate of
one space per occupant, based on maximum possible occupancy, plus
one space for each employee.
(3)
Said use shall conform and be maintained in harmony with the overall
character and appearance of the surrounding neighborhood.
(4)
Special use permit shall be reviewed on an annual basis. Such review
shall include inspection by the Town and/or by the appropriate governing
agencies (i.e., Town, county, and state agencies).
(5)
The special use applicant shall be the owner of such premises.
R.
Large-scale solar energy facilities. Any large-scale solar energy facility permitted by special use permit in § 245-15, Schedule of Use Regulations, shall be subject to the following standards:
[Added 7-13-2016 by L.L.
No. 2-2016; amended 10-20-2021 by L.L. No. 5-2021]
(1)
The site for such facility shall be at least the minimum area required
in the zoning district, and the total area covered by the facility
and all related appurtenances shall not exceed 70% of the gross area
of the site.
(2)
Any generating equipment facilities or accessory uses shall be set
back at least 50 feet from all property lines and streets. A continuous
wildlife-friendly fence, at least six feet high, shall enclose all
equipment and facilities and shall be set back at least 25 feet from
all street and property lines. A wildlife-friendly fence shall have
five-inch-by-twelve-inch openings at ground level spaced no more than
100 feet apart to allow unencumbered travel by small animals.
(3)
A buffer strip of natural vegetation or landscaping with a minimum
dimension of at least 50 feet shall be located within the minimum
setback.
(4)
No generating equipment, facilities or other structures shall exceed
a height of 25 feet above existing grade except when utility engineering
standards require that utility poles or towers to connect the solar
energy facility to the utility distribution grid be of greater height.
(5)
No light, noise, vibration, glare or similar effect beyond that normally
generated by other uses permitted in the district shall be discernable
at or beyond the property boundary.
(6)
The siting of such facilities must take into consideration, where
applicable:
(7)
Solar energy facilities shall be considered to be buildings for purposes
of site plan review.
(8)
Decommissioning. The following conditions shall be attached to the
special use permit:
(a)
If the applicant ceases operations of the solar energy facility
or begins, but does not complete, construction of the facility, the
applicant shall restore the site according to a plan approved by the
Planning Board. Said plan shall provide that the owner and/or facility
operator shall provide financial security in a form and amount acceptable
to the Town attorney to secure the expense of dismantling said facility
in its entirety.
(b)
The solar energy facility owner shall notify the Code Enforcement
Officer, in writing, immediately upon cessation of operations or abandonment
of the facility and shall be responsible for removal of the facility
within six months of such notification or cessation of operations
or abandonment of the facility, whichever first occurs.
S.
Riding academies and stables.
[Added 6-14-2017 by L.L.
No. 3-2017]
(1)
Lot size. The lot or property on which a riding academy is situated
shall have a minimum area of 10 acres.
(2)
Setbacks. All new buildings shall be set back from properties or
streets in residential districts a minimum distance of 50 feet. In
other districts, the basic required setbacks shall apply. A buffer
area with a width of at least 25 feet, comprised of either landscaping
or naturally growing vegetation, shall be provided adjacent to properties
in residential districts.
(3)
Parking. A reasonable and appropriate number of parking spaces shall
be provided, as determined by the Planning Board, based on the parking
needs generated by the specific development plan.
(4)
Management plan. A management plan must be submitted with the application
for a special use permit which includes maps and/or narrative descriptions
of:
T.
Organic
composting facilities.
[Added 7-13-2022 by L.L. No. 3-2022]
(1)
The processing of animal carcasses or biosolids shall not be permitted
in organic composting facilities unless a permit is received from
the NYS DEC.
(2)
In addition to the requirements set forth in Article VII for Site Plan and Special Use Permit review, and 6 NYCRR 361-3.2, Organic Composting Facilities, the following additional information shall be provided with the application and standards met:
(a)
The source and type of source separated organics (SSO) being
processed on site, i.e., commercial restaurant, institutional school,
residential compost, yard waste etc.;
(b)
The amount of SSO to be accepted on site, in pounds or cubic
yards, per week or month;
(c)
Preprocessing and post-processing methods shall be described.
Equipment used to identify and remove nonprocessable materials and
a description of the storage and disposal location for nonprocessable
materials shall be provided;
(d)
The site plan shall show windrow location and dimensions including
width, length, and height, if proposed;
(e)
Treated lumber shall not be used as a wood source as an amendment
or bulking agent;
(f)
The facility must provide a stormwater run-on and run-off plan
that outlines the methods to prevent run-on from entering and run-off
from leaving the site and minimizing the movement of organic matter
into the soil;
(g)
The surface of the facility shall be constructed of impervious
materials such as concrete. The control of run-off must be effectively
demonstrated;
(h)
The use of mulch, organic material or other material acceptable
to the Planning Board shall be used to absorb any leachate from piles
or windrows;
(i)
The facility should be situated at least 200 feet from the nearest
surface water body, potable water well and state-regulated wetland,
unless barriers and other methods are installed to prevent leachate
from leaving the boundaries of the site in a manner acceptable to
the Planning Board;
(j)
Facilities that require registration with the NYS DEC pursuant
to 6 NYCRR 361-3.2 must be 200 feet from the nearest residence or
place of business in existence at the time submission of the application
occurs;
(k)
The facility must not produce odors that unreasonably impact
sensitive receptors. The applicant shall submit information to the
Board demonstrating how odors shall be managed;
(l)
Preference is given to aerated static pile (ASP) composting
methods over manual turning methods;
(m)
Other than leaves or packaged products, all bulk organic waste
must be processed or amended within 24 hours of receipt. If the organics
are received in closed containers (e.g., toters, etc.), the waste
can be stored up to 36 hours.
(3)
Transport and hauling. The transportation and hauling of source separated
organics (SSO) is regulated by the NYS DEC pursuant to 6 NYCRR Part
364. An organic composting facility which proposes to transport SSO
must provide the Planning Board with the following additional information:
(a)
The weight and frequency of shipments to and from the site;
(b)
The size and type of shipping vehicle;
(c)
The source and type of SSO being collected, i.e., commercial
restaurant, institutional school, residential compost, yard waste,
or other organics;
(d)
The method of containing SSO during transportation so that all
wastes are properly contained to prevent any type of discharge to
the environment; and
(e)
The location and method of any on-site vehicle storage.
(4)
Issuance of any registration or permit required pursuant to 6 NYCRR
361-3.2 shall be a condition of any approval. Correspondence from
the NYS DEC may be requested by the Planning Board prior to approval.
U.
In the
General Business and Highway Business districts, the wholesale trade
of used motor vehicle parts and scrap or waste materials is prohibited.
[Added 7-13-2022 by L.L. No. 3-2022]
V.
Cannabis
establishments.
[Added 7-13-2022 by L.L. No. 3-2022]
(1)
A cannabis establishment is defined as any person or business who
sells at retail or provides space for the on-site consumption of any
cannabis product requiring a license through the Cannabis Control
Board (CCB) of the State of New York.
(2)
Cannabis establishments are permitted upon issuance of a special
use permit in the GB, HB, I and OLI district, only upon the adoption
of a local law allowing cannabis retail dispensaries and/or on-site
consumption businesses, as recognized by the NYS Office of Cannabis
Management. Cannabis establishments are further subject to the following
standards:
(a)
Cannabis establishments shall be licensed through the Marijuana
Regulation and Taxation Act of New York State (MRTA).
(b)
All activities associated with a cannabis establishment as defined
shall be conducted indoors.
(c)
Sufficient measures and means of preventing smoke, odors, debris,
dust, fluids and other substances must be provided at all times.
(d)
No opening or means of entrance or passage for person or things
between the premises and any other room or place in the building shall
be permitted (unless restricted to employees, agents, or other method
approved by the CCB).
(e)
The lot on which a cannabis establishment is located shall not be located within 500 feet of the lot line of any educational services, social services, job training and vocational rehabilitation services or day care services, as defined in Article XIII of this chapter.
(f)
The lot on which a cannabis establishment is located shall not be located within 1/2 mile of the lot line of any religious organization or institution, as defined in Article XIII of this Zoning Chapter.
(g)
The lot on which a cannabis establishment is located shall not
be located within one mile of the lot line of another cannabis establishment.
Applications will be reviewed by the Planning Board in the order in
which complete applications are submitted to the Building Department.
(h)
The Planning Board shall consider the need for additional landscaping
or other suitable screening from adjacent properties. Lighting and
hours of operation shall also be considered by the Board consistent
with the surrounding land use and other applicable requirements of
this chapter.
W.
Lumber
and wood processing.
[Added 1-18-2023 by L.L. No. 1-2023]
(1)
Lumber and wood processing uses enumerated in the Table of Use Regulations shall be defined pursuant to § 245-56, Definitions of the Saugerties Zoning Code.
(2)
Lumber and wood processing facilities proposed after the date of the adoption of this section shall conform to the requirements herein. Facilities existing as of the date of the adoption of this section, and which do not meet the requirements of this section, shall refer to Article IX, Nonconforming Uses and Structures.
(3)
These regulations apply to all operations involving the processing
of timber from off-site locations, not constituting a "timber operation"
as defined in § 301, Subdivision 14 of the NYS Agriculture
and Markets Law.
(4)
Requirements specific to the Low- and Moderate-Density Residential
(LDR, MDR) Zoning Districts and the Office/Light Industrial (OLI)
District.
(a)
The minimum lot size for a lumber and wood processing facility
in the LDR, MDR and OLI districts shall be no less than five net acres,
calculated as the area of constrained land subtracted from the gross
area.
(b)
Lumber and wood processing shall be limited to untreated wood
products in the LDR, MDR and OLI districts.
(c)
All aspects of the lumber and wood processing operation, except
for access drives, shall be set back no less than 100 feet from the
front and rear of the property and 100 feet from the side property
lines and 500 feet from any existing residential dwelling, church,
school, library or daycare center.
(d)
The Planning Board shall have the discretion to require greater
front, rear and side setbacks and/or to require a berm, landscaping
or other appropriate noise barriers where circumstances require to
prevent an unreasonable disturbance to neighboring properties.
(e)
No processing activity or materials storage shall be located
within 100 feet from the edge of any stream or wetland as defined
in the Town of Saugerties Code.
(f)
Hours of operation shall be limited to 7:00 a.m. to 6:00 p.m.,
Monday through Friday and Saturday 7:00 a.m. to 12:00 noon. Operation
of the lumber and wood processing business shall not occur on holidays
in which Town Hall is closed.
(g)
Lumber and wood processing facility operations shall not be
visible from a public roadway.
(5)
Requirements for lumber and wood processing in all districts.
(a)
Lumber and wood processing facilities shall adhere to all applicable
New York State Laws regarding the processing and sale of firewood,
including 6 NYCRR 192.5, protecting trees and forests from the spread
of invasive species.
(b)
The Planning Board may require a visual screen comprised of
landscaping or attractive fencing along any site boundary line that
abuts one or more residential lots or a public right-of-way.
(c)
All lumber and wood processing by-products shall be disposed
of on a regular basis The storage of materials shall not pile higher
than 20 feet in height.
(d)
No storage of logs, lumber, sawdust, bark, scrap wood or equipment
of any kind shall be permitted within any yard setback area at any
time.
(e)
The Planning Board may require sound mitigation measures as
it deems appropriate which could include building insulation, vegetation,
buffering along the property lines, equipment silencers, etc.
(f)
The open burning of by-product and refuse materials shall not
be permitted.
