A.
Wetlands in lot area calculations. In computing minimum lot sizes
pursuant to the Dimensional Table,[1] the area of wetlands shall be subtracted from total acreage in the lot area calculation. This shall not apply to lots created before the adoption of this Subsection A.
[1]
Editor's Note: The Dimensional Table is included at the end of this chapter.
B.
Corner lots and through lots. Wherever a side or rear yard is adjacent
to a street, the front setback shall apply to such side or rear yard.
Corner lots shall be deemed to have two front yards, two side yards,
and no rear yard.
C.
Projections into required yards.
D.
Driveways. Driveways on lots with 100 feet or more of road frontage
shall be set back at least 10 feet from side lot lines, except that
common driveways may occupy any part of a side yard adjoining the
lot of another user of the common driveway. On lots with less than
100 feet of frontage, no side yard setback shall be required.
E.
Height exceptions.
(1)
The height limitations in the Dimensional Table shall not apply to
any flagpole, radio or television receiving antenna, spire or cupola,
chimney, elevator or stair bulkhead, parapet, or railing, water tank,
or any similar nonhabitable structure, provided that such structure
is firmly attached to the roof or side of a building and covers no
more than 10% of the roof area.
(2)
Barns, silos, solar energy systems, telecommunication towers, and wind energy conversion systems may exceed height limits in the Dimensional Table, provided that they comply with applicable sections of this Article VII and provided that for every one foot by which such structures exceed the height limit, the minimum setback requirements are increased by one foot.
F.
Setbacks for accessory structures and uses.
(1)
Any accessory structure attached to a principal building, and any
detached barn, garage, stable, tennis court, or swimming pool, shall
comply with the minimum setback requirements of this chapter applicable
to the principal building. Other detached accessory structures or
uses may encroach into required setback areas, provided that they:
(a)
Are not used for human habitation;
(b)
Have a footprint no larger than 200 square feet;
(c)
Do not exceed 16 feet in height;
(d)
Do not occupy more than 10% of a rear setback area;
(e)
Are set back at least 10 feet from side or rear lot lines.
(f)
Are not located closer to the street than the front yard setback
required for a principal building, except for fences, gates, mailboxes,
newspaper receptacles, signs, sand storage bins, bus shelters, and
similar roadside structures with less than 100 square feet of footprint,
as well as ornamental structures such as entry pillars and statues;
(g)
Are not used for housing animals.
(2)
For corner lots, the setback from all streets shall be the same for
accessory structures as for principal buildings.
G.
Setbacks involving irregular buildings and lot lines. Where structures
or lot lines are irregular or unusual in configuration, all points
on the structure shall satisfy the minimum setback requirements from
that point on the lot line which is the shortest distance from the
structure.
H.
Fences (including hedges) and walls.
(1)
The setback requirements of this chapter shall not apply to retaining
walls of any height or to fences less than six feet high in any side
or rear yard, except where corner clearances are required for traffic
safety.
(2)
The setback requirements of this chapter shall not apply to any front
yard fences or walls less than four feet high, except that customary
agricultural wire, board, or split rail fencing which does not obstruct
visibility may be higher.
I.
Corner clearance/visibility at intersections. Where necessary to
provide visibility for traffic safety, the Highway Superintendent
or the Planning Board may require all or a portion of any corner lot
which is within a sight triangle 50 feet from the corner, as shown
shaded in Sketch A, to be cleared of all growth (except isolated trees)
and other obstructions that block visibility of traffic on an intersecting
street. The Planning Board may require excavation to achieve visibility.
This provision shall not apply to intersections with traffic signals
or four-way stop signs or to intersections in hamlets where this requirement
would conflict with the need to maintain a consistent build-to line
to enclose the street.
|
Sketch A
| |
|---|---|
 |
J.
Reduction in lot area. No conforming lot shall be reduced in area
in a manner that violates the dimensional requirements of this chapter.
The following guidelines shall apply to the extent practical
to the siting of nonresidential uses that are subject to site plan
or special permit approval and to the siting of residences in new
subdivisions or other developments. They are recommended but not required
for the siting of individual residences on existing lots.
A.
Wherever feasible, retain and reuse existing old farm roads and lanes
rather than constructing new roads or driveways. This minimizes clearing
and disruption of the landscape and takes advantage of the attractive
way that old lanes are often lined with trees and stone walls. (This
is not appropriate where reuse of a road would require widening in
a manner that destroys trees or stone walls.)
B.
Preserve stone walls and hedgerows. These traditional landscape features
define outdoor areas in a natural way and create corridors useful
for wildlife. Using these features as property lines is often appropriate,
as long as setback requirements do not result in constructing buildings
in the middle of fields.
C.
Avoid placing buildings in the middle of open fields. Place them
either at the edges of fields or in wooded areas. Septic systems and
leach fields may be located in fields, however.
D.
Use existing vegetation and topography to buffer and screen new buildings
if possible, unless they are designed and located close to the road
in the manner historically found in the Town. Group buildings in clusters
or tuck them behind treelines or knolls rather than spreading them
out across the landscape in a "sprawl" pattern.
E.
Minimize clearing of vegetation at the edge of the road, clearing
only as much as is necessary to create a driveway entrance with adequate
sight distance. Use curves in the driveway to increase the screening
of buildings.
F.
Site buildings so that they do not protrude above treetops and crestlines
of hills as seen from public places and roads. Use vegetation as a
backdrop to reduce the prominence of the structure. Wherever possible,
open up views by selective cutting of small trees and pruning lower
branches of large trees, rather than by clearing large areas or removing
mature trees.
G.
Minimize crossing of steep slopes with roads and driveways. When
building on slopes, take advantage of the topography by building multilevel
structures with entrances on more than one level (e.g., walk-out basements,
garages under buildings), rather than grading the entire site flat.
Use the flattest portions of the site for subsurface sewage disposal
systems and parking areas.
In order to ensure that land will be developed with a minimum
amount of soil erosion and sedimentation, for any site plan, special
permit, or subdivision application, the Planning Board shall require
that an applicant submit a plan demonstrating compliance with the
following control practices:
A.
The applicant shall provide effective sediment control measures for
planning and construction of proposed developments. The following
principles shall be applied as deemed appropriate:
(1)
The smallest practical area of land shall be exposed at any one time
during the development.
(2)
When land is exposed during development, the exposure shall be kept
to the shortest practical period of time.
(3)
Temporary vegetation and other protective measures shall be used
to protect critical areas exposed during development.
(4)
Sediment basins or debris basins (silting basins or silt traps) shall
be installed and maintained to remove sediment from runoff waters
on lands undergoing development.
(5)
Provision shall be made to effectively accommodate the increased
runoff caused by changing soils and surface conditions during and
after development.
(6)
Permanent final vegetation and structures shall be installed as soon
as practical in the development process.
(7)
The development plan shall be fitted to the type of topography and
soils to minimize erosion potential.
(8)
Wherever feasible, natural vegetation shall be retained and protected.
C.
Design standards. Design standards and specifications for erosion
and sedimentation control shall be as specified in the Empire State
Chapter Soil and Water Conservation Society, New York Guidelines for
Urban Erosion and Sediment Control.
D.
All erosion and sedimentation control measures shall be installed
prior to beginning any other land disturbances. Such devices shall
not be removed until the disturbed land areas are permanently stabilized.
E.
All erosion and sediment control measures shall be periodically inspected
by the Town and shall be maintained by the developer or his successors
in conformance with an approved schedule, so as to ensure effective
operating conditions until such time as they are removed.
F.
Erosion and sediment control measures shall comply with all applicable
regulations and permit requirements of the New York State Department
of Environmental Conservation. For any construction activity covering
more than one acre, the applicant shall file with the DEC, with a
copy to the Town Clerk, a notice of intent form 60 days prior to commencing
excavation or grading in order to comply with the State Pollution
Discharge Elimination System (SPDES) General Permit (GP) No. 02-01.
A.
Sanitary disposal. No person shall construct any structure in the
Town without meeting applicable requirements of the Town, the Dutchess
County and New York State Departments of Health, the New York State
Department of Environmental Conservation, and other governmental authorities
that regulate water supply and sewage disposal systems. Issuance of
a certificate of occupancy shall be subject to sanitary system inspection
and certification by the Dutchess County Department of Health, and
compliance with all conditions imposed by any other governmental authority.
B.
Water supply. The Planning Board may require an applicant for any subdivision, special permit, or site plan approval to provide evidence of water availability and may require test wells and professional hydrological studies sufficient to establish that a proposed development will have adequate supplies of potable water and will not adversely affect any aquifer resource or the supply or quality of drinking water in the surrounding area. (See § 121-15.)
A.
Excavation and grading necessary for the construction of a structure
for which a building permit has been issued shall be permitted, provided
that it does not adversely affect natural drainage or structural safety
of buildings or lands, cause erosion or sedimentation, or create any
noxious conditions or hazard to public health or safety.
B.
In the event that construction of a structure is stopped prior to
completion and the building permit expires, the premises shall be
promptly cleared of any rubbish or building materials by the property
owner, and any open excavation with a depth greater than two feet
below existing grade shall either be promptly filled in and the topsoil
replaced or shall be entirely surrounded by a fence at least six feet
high that will effectively block access to the area of the excavation.
C.
The Planning Board may, in connection with a major project site plan
or major subdivision, require an applicant to furnish an irrevocable
letter of credit, certified check, or other form of security to guarantee
reclamation of areas to be excavated or graded if a project is abandoned.
Such security shall be for an amount reasonably related to the potential
cost of such reclamation and shall be in a form deemed acceptable
by the Town Attorney.
E.
No excavation or grading and no clear-cutting of 10,000 square feet
or more in preparation for site development shall be undertaken prior
to the grant of any special permit, site plan, or subdivision approval
required for such development.
F.
Excavation or grading of any area exceeding 2,000 square feet, removal from a property of surface rocks in an area of up to five acres at a time, and/or the clear-cutting of any area exceeding three acres shall require a zoning permit from the Code Enforcement Official, unless such excavation, rock removal, or clear-cutting is performed pursuant to an approved site plan, special permit, subdivision, or building permit or as a normal and customary activity in conjunction with commercial logging or a farm operation (as defined in Article XII).
G.
Excavation, rock removal, and grading activities shall comply with applicable requirements for erosion and sediment control in § 121-32.
H.
No person, firm or corporation shall strip, excavate or otherwise
remove topsoil for sale, or for use other than on the premises from
which it is taken, except in connection with the construction or alteration
of a building on such premises and excavation or grading incidental
thereto.
I.
A zoning permit application for surface rock removal or agricultural
soil mining shall comply with the following requirements:
(1)
Surface rock removal and agricultural minor project soil mining shall
be permitted only in the RA, RR, OC and M Districts and shall not
be permitted on marble knolls and calcareous crests as identified
on the Map of Significant Habitats in Amenia.
(2)
A map of the property shall be submitted with relevant information
from Town GIS layers, including the Map of Significant Habitats in
Amenia, identifying the specific habitat types. The map shall also
include boundaries, streams and wetlands, ten-foot contour lines,
geological features such as rock outcrops, and types of vegetation.
The map shall indicate locations where mining and rock removal activities
would occur and the location of existing and proposed access roads
and landings.
(3)
The habitat and natural resource maps and application shall be reviewed
by the Building Inspector and Zoning Administrator, and the Zoning
Administrator shall issue the zoning permit if the application complies
with the requirements of this subsection. The Zoning Administrator
may seek expert guidance from a biologist or ecologist, or require
the submission of a biologist's report, if any significant habitats
will be affected by the proposed operation. The Zoning Administrator
may deny or place conditions on the permit to ensure that there will
be no disturbance of significant habitats.
(4)
Access roads and landings shall meet or exceed the requirements of
the DEC for logging roads and landings. Reference shall be made to
the Timber Harvest Guidelines of the NYSDEC, available on the DEC
website.
(5)
Exposed topsoil areas exceeding 1,000 square feet on slopes exceeding
15% (other than access roads and gravel pits) shall be, at a minimum,
hydroseeded and mulched. Silt fences and hay bales to prevent erosion
shall be used where practical, and the operation shall expose the
minimum area necessary and revegetate as quickly as practicable.
(6)
The Town Building Inspector, Zoning Administrator or Environmental
Officer shall inspect the site no less than twice a year at the permittee's
expense.
(7)
Operations shall be conducted on weekdays only and shall not exceed
10 daylight hours.
(8)
If the operation is a commercial enterprise engaged in selling surface rocks, a performance guarantee of $5,000 per acre of disturbance, with a minimum of $5,000, shall be deposited with the Town in order to assure that the land is revegetated and access points to public roads maintained and repaired. See § 121-68B.
The Town finds that protection of its wetlands and watercourses helps to maintain water quality and the health of natural ecosystems, reduces flooding, erosion, and sedimentation, and protects important wildlife habitat areas. The Town also recognizes that both the state and federal governments regulate wetlands and desires to avoid duplicating regulatory programs while cooperating with state and federal agencies. To ensure that development minimizes damage to wetlands and watercourses, the Town establishes the following requirements in addition to the Stream Corridor Overlay District provisions of § 121-14.
A.
State and federal wetland permit coordination. All applicants for
any Town permit or approval that might result in disturbance to a
wetland or watercourse shall, as early as possible in the application
process, apply to the New York State Department of Environmental Conservation
(DEC) and/or the U.S. Army Corps of Engineers (ACOE), as appropriate,
for any applicable permits. The applicant shall submit copies to the
Town of any application to or correspondence with ACOE and DEC concerning
required wetland permits for the project.
B.
Required watercourse and wetland mapping and delineation. Any site plan, plot plan, building permit or zoning permit application, variance application, subdivision plat, preliminary subdivision plat, or other plan submitted to a Town regulatory board or official shall show the location and stream classification of all watercourses, the location of any land or water identified as significant habitat in a Biodiversity Map adopted by the Town Board, and the location of any wetlands shown on the National Wetlands Inventory and DEC-regulated wetlands and wetland buffers on the parcel, as determined by a DEC field delineation, if available, or from current DEC wetland maps. If the proposal requires that a wetland delineation be performed for the ACOE, the applicant shall submit a copy of such delineation to the reviewing board or official. The applicant and reviewing board shall consult the report "Significant Habitats in the Town of Amenia, Dutchess County, New York" by Hudsonia Ltd. (2006) (hereinafter cited as the "Hudsonia Report") and use the recommended methodologies for study and protection of wetland habitats identified in that publication. A wetland delineation may also be required if necessary to determine allowable maximum density for a conservation subdivision pursuant to § 121-20.
C.
Imposition of conditions to protect wetlands and watercourses. The
reviewing board or official shall ensure that applicants comply with
the requirements of DEC and ACOE and shall impose additional appropriate
conditions as necessary to minimize damage to wetlands and watercourses
based upon studies of wetlands as recommended in the Hudsonia Report.
Such conditions may include modifications in the size and scope of
a proposed project, as well as changes in the location of structures
or other improvements on the parcel. The reviewing board or official
shall not be limited by the regulations of the DEC and ACOE but may
impose protections on wetlands and related upland habitat areas that
are more stringent than required by these agencies, provided that
such conditions are reasonable and are based upon the advice of a
qualified expert. The Hudsonia Report shall be consulted in connection
with this requirement.
D.
For projects in the RDO for which a draft environmental impact statement
has been submitted prior to the adoption of this section, the environmental
analysis set forth therein for "water resources", "vegetation" and
"wildlife" shall serve as a substitute for the provisions of this
section applicable to the Town's review and regulation of wetlands
and watercourses, provided that all field investigations, studies,
data and other work supporting such environmental analysis have been
performed to the satisfaction of the Town's retained biodiversity
expert for environmental review of such a project.
The Town finds that the alteration of steep slope areas poses potential risks of erosion, sedimentation, landslides, and the degradation of scenic views. Accordingly, the following requirements are hereby imposed in areas with slopes exceeding 15%. Where a soil erosion and stormwater control plan is required by § 121-32, such plan shall provide the information needed to comply with this § 121-36.
A.
For any subdivision, special permit, site plan, building permit,
zoning permit, or variance that involves the disturbance of slopes
greater than 15%, conditions shall be attached to ensure that:
(1)
Adequate erosion control and drainage measures will be in place so
that erosion and sedimentation does not occur during or after construction.
(2)
Cutting of trees, shrubs, and other natural vegetation will be minimized,
except in conjunction with logging operations performed pursuant to
applicable guidelines of the New York State Department of Environmental
Conservation.
(3)
Safety hazards will not be created due to excessive road or driveway
grades or due to potential subsidence, road washouts, landslides,
flooding, or avalanches.
(4)
Proper engineering review of plans and construction activities will
be conducted by the Town to ensure compliance with this section, paid
for by escrow deposits paid by the applicant.
(5)
No certificate of occupancy will be granted until all erosion control
and drainage measures required pursuant to this section have been
satisfactorily completed.
B.
No disturbance, including cutting of vegetation or construction of
driveways, shall be permitted on any slope of 30% or greater, except
in any of the following circumstances:
(1)
As may be needed for stream bank stabilization, foot trails and utility
lines.
(2)
In conjunction with timber harvesting operations performed pursuant
to applicable guidelines of the New York State Department of Environmental
Conservation.
(3)
In conjunction with activities of a farm operation protected by an exemption under § 121-37E below.
(4)
In conjunction with the establishment or maintenance of golf course
fairways.
(6)
Where an applicant can demonstrate that there is no feasible alternative
and that the impacts of any land disturbance will be fully mitigated
by the best available engineering, erosion control, and visual impact
mitigation practices.
(7)
Where an applicant can demonstrate that the impacts of disturbing
slopes do not negatively impact visual resources, that the areas impacted
are part of a broader plan for a site that weighs and balances the
full range of environmental issues, and that such disturbance is fully
mitigated by engineering and soil erosion control practices.
C.
Slope determinations shall be made based upon the topographic information
required for a particular approval, along with such other topographic
information as the reviewing board or official shall reasonably require
or the applicant shall offer. In cases of uncertainty or dispute,
a qualified professional retained by the Town, at the applicant's
expense, shall determine the location of regulated slopes.
D.
For purposes of determining the location of steep slope areas, only
contiguous slopes containing at least 5,000 square feet of steep slopes,
as defined above, shall be considered. Within the HM and HR Districts,
contiguous slopes containing at least 1,500 square feet shall be considered.
A.
Agricultural buffers. Wherever agricultural uses and other uses unrelated
to the agricultural operations abut, the applicant for the nonagricultural
use shall provide buffers to reduce the exposure of these abutting
uses to odors, noise, and other potential nuisances associated with
the agricultural operation. Such buffers may consist of vegetative
screening, woodlands, vegetated berms, fences, or natural topographic
features, at the discretion of the Planning Board.
B.
Required disclosure. In the case of any proposed residential development
that abuts agricultural uses, the Planning Board shall require the
applicant to issue a disclosure to potential purchasers of lots or
dwelling units as follows: "This property adjoins land used for agricultural
purposes. Farmers have the right to apply approved chemical and organic
fertilizers, pesticides, and herbicides and to engage in farm practices
which may generate dust, odor, smoke, noise and vibration." This disclosure
shall be required as a note on a subdivision plat or site plan, and
may also be required to be made through other means reasonably calculated
to inform a prospective purchaser, such as by posting, distribution
of handbills, inclusion in an offering plan or real estate listing
information sheet, or letter of notification. This section may also
be applied to any commercial development at the discretion of the
Planning Board.
C.
Agricultural data statement. Any application for a special permit, site plan approval, use variance, or subdivision approval requiring municipal review and approval by the Town Board, Planning Board, or Zoning Board of Appeals that would occur on property within an agricultural district containing a farm operation, or on property with boundaries within 500 feet of a farm operation located in an agricultural district, shall include an agricultural data statement as defined in § 121-74. The reviewing board shall evaluate and consider the agricultural data statement in its review of the possible impacts of the proposed project upon the functioning of farm operations within the agricultural district.
E.
Agricultural zoning exemptions. Within an agricultural district as
defined in Article 25-AA of the New York State Agriculture and Markets
Law, adopted by the county and certified by the state, the following
exemptions from provisions of this chapter shall apply to land and
buildings on farm operations:
(1)
There shall be no height limits on agricultural structures, including
but not limited to barns, silos, grain bins, and fences, as well as
equipment related to such structures, as long as they are being used
in a manner that is part of the farm operation.
(2)
There shall be no lot line setback restrictions on agricultural structures,
except setbacks from lots that are either not within the agricultural
district or lots that have existing residential uses. Agricultural
structures containing animals, animal feed, or animal waste shall
be set back at least 200 feet from watercourses and from lots that
have existing residential uses, whether or not such residential lots
are within an agricultural district. This setback requirement shall
not apply to preexisting nonconforming structures.
A.
Off-street parking.
(1)
Purpose. The Town finds that large and highly visible parking areas
represent one of the most objectionable aspects of commercial development.
Such parking lots damage the historic layout and architectural fabric
of hamlet areas, harm the natural environment and visual character
of the community, interfere with pedestrian safety and accessibility,
and reduce the quality of life in developed areas. However, the Town
also recognizes that inadequate parking can diminish quality of life
by creating traffic congestion, safety hazards, and inconvenience.
The Town therefore seeks to balance the need for adequate parking
with the need to minimize harm resulting from the provision of parking
and to avoid the negative impacts of excessive parking lot construction.
(2)
Minimum parking required for residential uses.
[Amended 3-16-2023 by L.L. No. 4-2023]
(a)
For single-family or two-family dwelling: two spaces per dwelling
unit.
(b)
For multifamily dwelling: 1 1/2 spaces per dwelling unit.
(d)
The Planning Board may reduce these requirements for dwelling
units with less than 1,000 square feet of floor space, age-restricted
housing, mixed-use development, or other appropriate circumstances.
Appropriate circumstances include, without limitation, if alternate
parking exists, or where a substantial portion of the development
is located within walking distance of necessary services or public
transportation corridor.
(3)
Parking requirements for nonresidential uses. The number and layout of parking spaces for nonresidential uses shall be based on the need to protect public safety and convenience while minimizing harm to the character of the community and to environmental, historic, and scenic resources. Since nonresidential uses vary widely in their need for off-street parking; parking requirements shall be based on the specific operational characteristics of the proposed uses. The provisional parking standards in Subsection A(3)(a) below shall be applied and may be varied by the Planning Board according to the criteria in Subsection A(3)(b) below.
(a)
Provisional parking standards.
[1]
Retail or service business uses: four spaces per 1,000 square
feet of enclosed floor space, excluding space used for storage.
[2]
Industrial/warehouse uses: two spaces per 1,000 square feet
of enclosed floor space or one space per employee.
[3]
Office uses: three spaces per 1,000 square feet of floor space.
[4]
Lodging facility: one space for each bedroom plus one space
for each nonresident employee and one space for every 200 square feet
of floor space for meetings and functions.
[5]
Restaurants, theaters, and other places of public assembly:
one space for every three seats.
[6]
Uses not listed above: as appropriate to the circumstances.
(b)
Criteria for applying provisional standards. In applying or
modifying the provisional parking standards for any proposed use,
the Planning Board shall consider:
[1]
The maximum number of vehicles that would actually be parked
at the use at times of peak usage. Parking spaces shall be sufficient
to satisfy 85% of the anticipated peak demand. The likelihood of people
walking, bicycling, or carpooling to the proposed use shall be taken
into consideration.
[2]
The size of the structure(s) and the site.
[3]
The environmental, scenic, or historic sensitivity of the site
(including applicable limitations on impervious surfaces). In cases
where sufficient area for parking cannot be created on the site without
disturbance to these resource values, the Planning Board may require
a reduction in the size of the structure so that the available parking
will be sufficient.
[4]
The availability of safely usable on-street parking.
[5]
The availability of off-site off-street parking within 400 feet
that is open to the public, owned or controlled by the applicant,
or available on a shared-use basis, provided that the applicant dedicates
such off-site land for public parking or demonstrates a legal right
to shared use.
[6]
The requirements for parking for the disabled as prescribed
by the Americans with Disabilities Act.
(c)
Set-aside for future parking. The Planning Board may, as a condition
of reducing the provisional parking standards, require an applicant
to set aside land to meet potential future parking needs. Such land
may remain in its natural state or be attractively landscaped but
may not be used in a manner that would prevent it from being developed
for parking in the future.
(d)
Parking lot as accessory use to residential dwelling. Parking
spaces may be made available for nonresidential uses on residential
lots in the HM District by special permit. Such spaces shall be screened
from adjoining properties and roads and shall not exceed five spaces
per lot.
(e)
Fee in lieu of parking space. Where the required spaces cannot
be provided on site and are not currently available on the street
and/or in municipal parking lots, the applicant shall pay a fee in
lieu of one or more required spaces, in an amount established by the
Town Board sufficient to cover the estimated cost of providing additional
public parking spaces. Such fee shall be kept in a dedicated fund
for municipal parking purposes and shall be used for such purposes
within three years or returned to the applicant (or the applicant's
successor).
(4)
Design, layout, and construction of parking areas for nonresidential
and multifamily residential uses.
(a)
Location and screening.
[1]
All off-street parking shall be located behind or to the side of the principal building, except as provided in Subsection A(4)(a)[2] and [3] below. The Planning Board may modify or waive this requirement on lots that are located in the OC, M and HC Districts only, where unusual lot configurations such as corner lots or through lots make compliance with this requirement impractical or impossible, or where the predominant character of surrounding development is such that compliance with this requirement would serve no useful purpose, provided that the applicant minimizes the visual impacts of such parking areas. Parking spaces located in a side yard shall, if possible, be screened from public view. Adjoining parking areas shall be connected directly to one another or to a service road or alley wherever feasible to reduce turning movements onto roads.
[2]
Within any district, parking may be located anywhere on the
site if it is screened from public roads and adjoining properties
or if it is part of a commercial development which is not visible
from any public road, public recreation area, public building, or
residential property.
[3]
Within the HC District only, a maximum of one row of on-site
parallel, perpendicular, or diagonal parking may be located in front
of the principal building, but not within the required front yard.
If any parking spaces are located in front of the principal building,
the minimum front yard setback shall be increased by 30 feet and shall
be planted with alternating double rows of trees or, if wooded, left
in its natural state.
[4]
If a parking lot containing 10 or more spaces lies within or
borders the SR, RA, or RR District, a buffer zone at least 50 feet
wide shall be planted with trees or dense vegetation to provide screening
along all boundary lines, unless the adjoining properties are in the
HC, OC, or M District or contain a nonresidential use.
(b)
Construction of parking areas. Parking areas shall be surfaced
with a suitable durable surface appropriate for the use of the land,
with adequate drainage. Surfacing, grading, and drainage shall facilitate
groundwater recharge by minimizing impervious pavement and runoff.
Overflow or peak period parking surfaces shall be permeable. Oil traps
may be required for larger paved parking lots. Parking areas shall
comply with all applicable requirements of the Americans with Disabilities
Act.
(c)
Landscaping. Parking areas shall be designed and landscaped
to avoid long, uninterrupted rows of vehicles by breaking them into
separate parking lots divided by tree lines, alleys, pedestrian areas,
or buildings. Parking lots containing more than 40 spaces shall be
divided into smaller areas by landscaped islands at least 15 feet
wide located no more than 120 feet apart. All islands shall be planted
with three-inch minimum caliper shade trees at a density of at least
one tree for every 20 linear feet of island. Parking lots containing
less than 40 spaces shall provide at least one three-inch minimum
caliper shade tree per eight spaces.
(d)
Lighting. Lighting within parking lots shall be on low poles
of 12 feet to 15 feet maximum height, with color-corrected lamps and
cutoff luminaires designed to minimize glare and light pollution.
Design of poles and luminaries shall be compatible with the style
of the architecture and adjoining streetscape treatment. Sidewalks
leading from parking lots shall be lit with bollard lighting and indirect
illumination of buildings and vegetation.
B.
Off-street loading.
(1)
General requirement. Loading docks and service access areas shall
be located in a manner that minimizes visual intrusion on public spaces
and ensures pedestrian and automobile safety by separating truck traffic
and loading operations from pedestrian and automobile circulation.
Where appropriate, loading docks shall be screened by walls extending
from a building face or placed within arcades or other architectural
features designed to blend them with the architecture of the building.
Adjacent buildings shall be sited to allow shared access to loading
docks through the use of common loading zones or service alleys.
(2)
Exception for Hamlet Mixed-Use District. The need to maintain the traditional layout and historic character of the Town's hamlets may preclude the establishment of modern loading facilities in some older buildings in the HM District. In such situations, the requirements of Subsection B(1) above shall not apply, and on-street loading shall be permitted.
A.
Purpose. The purpose of this section is to control the location,
size, quantity, character, and lighting of signs in order to maintain
the attractive appearance of the Town and avoid conditions of clutter
and unsightliness. Through these regulations the Town seeks to:
(1)
Protect public health and safety by ensuring that signs do not create
dangerous conditions, obstruct vision necessary for traffic safety,
or confuse, distract, or mislead motorists, bicyclists, or pedestrians;
and
(2)
Promote the general welfare by creating a more attractive visual
environment that preserves the Town's historic and rural character,
protects property values, encourages economic growth, enables businesses
and other establishments to identify themselves, and minimizes negative
impacts of signs on adjoining properties.
B.
Exempt signs. The following types of signs may be erected and maintained without zoning permits, board review, or fees, provided that these signs comply with the general regulations in § 121-39D and with all other requirements of this chapter. As used in this Subsection B, the term "residential uses" shall include mixed-use lots on which at least 50% of the floor space is residential.
(1)
Permanent signs.
(a)
Signs not exceeding one square foot in area and bearing only
property numbers, postal route box numbers, or names of occupants
of premises.
(b)
One sign, not exceeding 32 square feet in area, designating
a farm.
(c)
Flags and insignia of any government, except when displayed
in connection with commercial promotion.
(d)
Noncommercial information signs. Signs providing noncommercial
information to the public, including community service information
signs, public utility information signs, safety signs, danger signs,
no trespassing signs, signs indicating scenic or historic points of
interest, traffic control signs, directional parking signs, and all
signs erected by a public officer in the performance of a public duty.
(e)
One on-premises sign, either freestanding or attached, in connection
with any residential building, for permitted home occupations, not
exceeding three square feet and set back at least 10 feet from the
traveled way or at the right-of-way, whichever is greater. Such signs
shall state name and occupation only and shall not be illuminated.
(2)
Temporary signs.
(a)
Temporary nonilluminated "For Sale" or "For Rent" real estate
signs and signs of similar nature, concerning the premises upon which
the sign is located. For residential uses, one sign per lot, not exceeding
six square feet per side. For nonresidential uses, one sign per lot,
not exceeding 12 square feet, set back at least 15 feet from all property
lines. All such signs shall be removed within three days after closing
of the sale, lease, or rental of the premises.
(b)
Temporary nonilluminated window signs and posters not exceeding
25% of each window surface. (Such signs are normally used to advertise
specific products or sales and are removed or replaced on a regular
basis.)
(c)
Two temporary signs for a roadside stand selling agricultural
produce grown on the premises in season, provided that such signs
do not exceed 32 square feet each, are set back at least five feet
from the public right-of-way, and are removed at the end of the selling
season.
(d)
On-premises signs for garage sales and auctions, not exceeding
four square feet, for a period not exceeding seven days.
(e)
Posters, banners, and signs, not exceeding six square feet on
residential uses or 16 square feet on nonresidential uses, for a period
not exceeding 60 days.
(f)
One sign, not exceeding six square feet on residential uses
or 16 square feet on nonresidential uses, listing the architect, engineer,
contractor and/or owner, on premises where construction, renovation,
or repair is in progress, limited to the duration of the construction
period.
(g)
Signs, portable or otherwise, advertising special events for
nonprofit organizations, such as firemen's field days, church bazaars,
bake sales, etc. Such signs shall not exceed 24 square feet in area
and shall not be displayed for more than 30 days.
(h)
Signs required to be posted in connection with hearings on development applications, as provided in § 121-62F(3).
(i)
Signs marking areas of highway or utility construction, repair,
or maintenance.
C.
Prohibited signs.
(1)
No off-premises commercial signs shall be allowed, except that signs
not exceeding four square feet directing the public to specific establishments
may be allowed with site plan approval by the Planning Board.
(2)
No exterior sign shall be illuminated internally, and no sign shall
contain flashing, intermittent, rotating, or moving lights, except
that one neon sign not exceeding three square feet may be allowed
inside the window of a business establishment.
(3)
Portable signs that are mounted on wheels, including motor vehicles
or trailers parked in one location for more than 30 days in any calendar
year and functioning primarily as signs, shall be prohibited.
(4)
No permanent sign or any part thereof shall contain or consist of
any moving, rotating, or revolving device.
D.
General sign regulations. All signs that are not prohibited by Subsection C above are regulated by this section. Signs that are not exempt under Subsection B shall require building permits. However, if signs are proposed in connection with any special permit or site plan application, such signs shall be reviewed and approved under applicable criteria for the principal uses and shall not require a separate building permit if constructed pursuant to an approved plan.
(1)
Permit applications. Applications for new signs or proposed changes
in existing signs shall include a scaled drawing showing the type
of lettering, sign dimensions, colors, materials, and method of illumination,
if any, and a plan showing the location of the sign on the building
or property. A building permit shall be required for any change in
the size, shape, lighting, materials, or location of an existing sign.
No building permit shall be required if only the words or images on
the sign are changed.
(2)
Location and maintenance.
(a)
Signs shall be erected, constructed, and maintained in a manner
that does not obstruct traffic movement or visibility or cause any
hazard to public safety.
(b)
No signs shall be placed, painted, or drawn on utility poles,
bridges, culverts, or other road or utility structures or signposts,
or on trees, rocks, or other natural features, except that signs not
exceeding one square foot posting property boundaries may be placed
on trees. No signs shall be placed on municipally owned property without
permission of the Town Board.
(c)
All signs shall be kept in good repair. Painted surfaces shall
be kept neatly painted at all times.
(3)
Sign area and height.
(a)
Freestanding signs. Individual freestanding signs shall not
exceed 16 square feet in area nor 10 feet in height. Freestanding
signs that are grouped together on one sign structure shall not exceed
a cumulative total of 50 square feet per structure, and the individual
components of such groupings shall be large enough to be read safely
by passing motorists traveling at the speed limit.
(b)
Projecting signs. Projecting signs shall not exceed 12 square
feet in area and shall not project more than four feet from the side
of the building. The bottom of such signs shall be no lower than 10
feet and no higher than 15 feet above the finished grade.
(c)
Wall-mounted signs. Wall-mounted signs shall not exceed 32 square
feet, extend more than one foot from the surface of the wall, cover
more than 10% of the front surface of a building, cover a window,
obscure architectural detailing, interrupt a roofline, or be placed
on the roof of a structure.
(d)
Window signs. Signs placed in windows shall not cover more than
25% of the window area.
(e)
Awning signs. The valance portion of an awning may be used as
a sign, with a maximum of 12 square feet of sign area. The bottom
of the awning shall be at least eight feet above the finished grade.
(f)
Sign area bonuses. To encourage design excellence, the maximum
sizes for individual signs specified above may be increased if the
criteria below are satisfied. Sign bonuses shall not apply to exempt
signs or to freestanding signs that exceed six feet in height. Although
a separate increase is granted for compliance with each of the criteria
and the total is cumulative, each percentage increase is based on
the original sign size limitation. Maximum sign sizes shall be allowed
to increase as follows:
[1]
Fifteen percent when the sign is made of wood.
[2]
Fifteen percent if the sign is designed to contain only the
identification of the establishment without advertising any products
sold on the premises.
[3]
Twenty percent if the sign is the only sign identifying the
establishment or its principal product.
[4]
Twenty percent if the sign is not designed or used with illumination.
[5]
Thirty percent if the Planning Board finds that the sign has special aesthetic merit or that additional size is necessary or appropriate due to such circumstances as the sign's distance from the road, the design speed of the road, or the size of the building on which the sign is placed. In order to take advantage of this Subsection D(3)(f)[5], an applicant not otherwise subject to site plan or special permit review may file a site plan application with the Planning Board. The content and review of such application shall be limited to consideration of signs.
(g)
Maximum cumulative sign area per lot. The maximum amount of
total sign area per lot shall be one square foot of total sign area
for every two linear feet of lot frontage on a public street.
(h)
Maximum area per sign. Notwithstanding any provision of this
section to the contrary, no sign or grouping of signs shall be greater
than 100 square feet in size.
(4)
Illumination. No illuminated sign or lighting device shall be placed
or directed so that its light is directed or beamed:
(5)
Sign design manual. The Town Board may adopt a sign design manual
developed specifically for the Town of Amenia or published for the
general public or for another municipality. If such a sign design
manual is adopted, it shall be incorporated by reference into this
chapter.
(6)
Nonconforming signs. Signs that do not conform with this § 121-39 and that were legally in existence prior to the adoption of this section (July 19, 2007) shall be permitted to continue for an amortization period that terminates July 1, 2012, at which time they must either be replaced by conforming signs that have valid permits or be removed. Such signs may be altered only if the alterations increase their conformity with this section. This five-year amortization period may be extended by a temporary variance granted by the Zoning Board of Appeals, provided that the applicant demonstrates that the five-year amortization period is confiscatory as applied to the specific sign. The period of the variance shall be the minimum reasonably necessary to avoid confiscation. Signs that were not in compliance with the sign regulations of the Town of Amenia existing prior to the enactment of this § 121-39 shall not be considered protected nonconforming structures and shall be treated as violations.
E.
Removal of signs.
(1)
Signs advertising an establishment or institution that has permanently
closed shall be removed within one month of such closure.
(2)
The Code Enforcement Official shall notify in writing the owner of
any sign which no longer serves the purpose for which it was erected,
or which poses a safety hazard to the public or is otherwise in violation
of this section. The Code Enforcement Official shall order such owner
to remove or correct the unsatisfactory condition of such sign within
20 days from the date of such notice.
(3)
Upon failure to comply with such notice within the prescribed time,
the Code Enforcement Official is hereby authorized to secure, repair,
remove, or cause the removal of such sign. All costs of securing,
repairing, or removing such sign, including related legal fees and
expenses, shall be assessed against the land on which the sign is
located and shall be levied and collected in the same manner as provided
in the Town Law for the levy and collection of a special ad valorem
levy.
(4)
Where it reasonably appears that there is imminent danger to life, safety, or health or imminent damage to property unless a sign is immediately repaired, secured, or demolished and removed, the Town Board may, by resolution, authorize the Code Enforcement Official to immediately cause the repair, securing, or demolition of such unsafe sign. The expense of such remedial actions shall be a charge against the land on which the sign is located and shall be assessed, levied, and collected as provided in Subsection E(3) above.
A.
Compliance with performance standards. No use shall hereafter be established, altered, moved or expanded unless it complies with the performance standards set forth in this section. Continued conformance with such standards, once applicable, shall be a requirement for the continuance of any certificate of occupancy. This § 121-40 shall not apply to farm operations engaged in customary agricultural practices, except where necessary to protect public health and safety.
B.
Purpose of performance standards. Consistent with the general purposes
of this chapter, performance standards shall set specific controls
on potentially objectionable external aspects of all uses in order
to:
(1)
Reduce to a reasonable minimum the dissemination of smoke, gas, dust,
odor or other atmospheric pollutants outside the building in which
the use is conducted.
(2)
Control noise and light perceptible beyond the boundaries of the
site of the use.
(3)
Limit the discharge of treated wastes and prohibit the discharge
of untreated wastes into any watercourse.
(4)
Limit the dissemination of vibration, heat or electromagnetic interference
beyond the immediate site on which the use is located.
(5)
Limit physical hazard by reason of fire, explosion, radiation or
any similar cause.
(6)
Regulate and control the generation and flow of vehicular traffic
in order to prevent hazardous conditions, traffic congestion and excessive
noise in the streets.
C.
Noise. No noises shall be emitted in violation of Chapter 80 of the Amenia Town Code. In addition, the following specific standards apply to noise.
(1)
Sound levels shall be determined at the property line of the lot
from which the noise is emitted. Sound measurements shall be accomplished
through a sound-level meter having an A-weighted filter and constructed
in accordance with specifications of the American National Standards
Institute or other generally accepted standard for the measurement
of sound.
(2)
No person, firm or corporation shall allow the emission of sound
which, as measured at the property lines, has a sound level in excess
of:
(3)
Sounds emitted at levels lower than those prohibited by Subsection C(2) above shall not be permitted if, because of the type or frequency of the noise emitted, such sounds are offensive, disruptive or in continual disharmony with the character of an adjoining or nearby residential neighborhood.
(4)
Exemptions. The following shall be exempt from the noise level regulations:
(a)
Noises not directly under the control of the property user.
(b)
Noises emanating from construction and maintenance activities
between 8:00 a.m. and sunset, Monday through Friday.
(c)
The noises of safety signals, warning devices, emergency pressure-relief
valves or other emergency warning signals.
(d)
Bells or chimes from a church or other place of worship.
D.
Vibration.
(1)
Method of measurement. For the purpose of measuring vibration, a
three-component measuring system approved by the Town Engineer shall
be employed.
(2)
Maximum permitted steady-state and impact vibration displacement.
No activity shall cause or create a steady-state or impact vibration
displacement by frequency bands in excess of that indicated in the
following table:
|
Vibration Displacement
| |||
|---|---|---|---|
|
Frequency
(cycles per second)
|
Steady State
(inches)
|
Impact
(inches)
| |
|
Under 10
|
0.0005
|
0.0010
| |
|
10 to 19
|
0.0004
|
0.0008
| |
|
20 to 29
|
0.0003
|
0.0006
| |
|
30 to 39
|
0.0002
|
0.0004
| |
|
40 and over
|
0.0001
|
0.0002
| |
E.
Smoke, dust and other atmospheric pollutants.
(1)
General control. The emission of smoke and other particulate matter
shall not be permitted in violation of applicable regulations of the
New York State Department of Environmental Conservation (DEC), including
but not limited to 6 NYCRR Part 201. Pollutants that are not regulated
by the DEC shall not be emitted if they pose a substantial risk to
public health, safety, or welfare.
(2)
Method of measurement of smoke. For the purpose of grading the density
of smoke, the Ringelmann Smoke Chart or EPA Methods 9 or 22 shall
be used to determine the total smoke emitted. Where the Ringelmann
method is used, a reading shall be taken every minute for an hour
or, if less than an hour, until the total smoke emitted exceeds that
allowed by these regulations. Each reading shall be multiplied by
the number of minutes during which it was observed and the product
added.
(3)
Maximum permitted emission of smoke. There shall be no measurable
emission of smoke, gas or other atmospheric pollutant, except as authorized
by a permit granted pursuant to applicable state and federal regulations.
The emission of one smoke unit per hour and smoke with discernible
density of No. 1 on the Ringelmann Smoke Chart shall be prohibited.
(4)
Maximum permitted emission of dust.
(a)
The emission of dust related to combustion for indirect heating
from any source shall not exceed 0.30 pounds of dust per thousand
pounds of flue gas adjusted to fifty-percent excess air for combustion.
(b)
There shall be no measurable emission of dust or other particulate
matter not related to combustion for indirect heating.
(c)
Properties shall be suitably improved and maintained with appropriate
landscaping, paving, or other materials to minimize windblown dust
and other particulate matter.
F.
Odor. No land use shall be permitted which emits any discernible
obnoxious odor outside the lot on which the use is conducted.
G.
Toxic or noxious matter. No use shall be permitted which will cause
the release of toxic or noxious fumes or other matter outside the
building in which the use is conducted.
H.
Radiation. The handling, storage or disposal of radioactive materials
or waste by-products shall be conducted strictly in accordance with
applicable federal and state standards.
I.
Electromagnetic interference. No operation shall be permitted which
produces any perceptible electromagnetic interference with normal
radio or television reception in any area, unless federal or state
regulation requires such operation to be permitted.
J.
Fire and explosion hazard. All activities involving the use or storage
of flammable or explosive materials shall be provided with adequate
safety devices against the hazard of fire and explosion, with adequate
fire-fighting and fire-suppression equipment and devices standard
in the industry. Such activities shall comply with all applicable
requirements of the New York State Uniform Fire Prevention and Building
Code, DEC regulations, and the National Fire Protective Association
(NFPA) Code. Copies of SARA forms filed with the Dutchess County Emergency
Response Agency shall also be filed with the Code Enforcement Official.
K.
Heat. There shall be no emission of heat which would cause an air
temperature increase in excess of 1° F. along any adjoining lot
line.
L.
Exterior illumination and glare. No use shall produce glare so as
to cause illumination beyond the boundaries of the property on which
it is located in excess of 0.5 footcandle. All exterior lighting,
including security lighting, in connection with all buildings, signs
or other uses shall be shielded and directed downward and away from
adjoining streets and properties. The Planning Board may require special
efforts to reduce the impacts of exterior lighting, such as limiting
hours of lighting, planting screening vegetation, or installing light
shields to alleviate the impact of objectionable or offensive light
and glare on neighboring residential properties and public thoroughfares.
M.
Liquid and solid wastes. The discharge of any or all wastes shall
be permitted only if in complete accordance with all standards, laws
and regulations of the Dutchess County Health Department, New York
State Department of Environmental Conservation or any other regulatory
agency having jurisdiction. Facilities for the storage of solid waste
shall be so located and designed as to be screened from the street
or from any adjoining property and so as to discourage the breeding
of rodents or insects.
N.
Traffic. For the purpose of preventing congestion in the streets,
promoting the safe and efficient use of public transportation, protecting
air quality, promoting fuel conservation, and otherwise protecting
the public health, safety and welfare, the following specific traffic
standards are hereby established to serve as a guide for Town officials
and agencies in the review of applications for development approvals:
(1)
The proponent of any development shall provide the Planning Board
with information pertaining to potential traffic generation. If the
Planning Board determines that it is necessary, the Planning Board
may require the submission of a traffic impact study (TIS) prepared
by a qualified traffic engineer.
(a)
The TIS shall evaluate potential impacts to roadway and intersection
operating conditions at locations and peak hours to be determined
by the reviewing agency.
(b)
The latest available version of the Highway Capacity Manual
and/or software based on the Highway Capacity Manual shall be used
to conduct the TIS.
(c)
The TIS shall be based on traffic volume data not more than
three years old.
(d)
Significant adverse traffic impacts requiring project mitigation
shall be defined as any of the following occurring within the first
year of operation of full build-out of the proposed project or, in
the case of phased construction, during the first year of operation
of each phase for which approval is sought:
[1]
Any reduction in level of service (LOS) to less than LOS D at
a street intersection that operates at LOS D or better without the
proposed project.
[2]
Any increase in delay times for intersections operating at LOS
E or below.
[3]
Introduction of new traffic volumes that will cause the overall
volume of the roadway to exceed the design capacity of the mainline
(nonintersection) highway sections within the TIS study area.
(e)
If the outcomes listed in Subsection N(1)(d) above would occur in any case due to other planned projects or background growth in the area that would affect that intersection or roadway segment, then the proposed project may be approved, provided that adequate mitigation plans are made to ensure safe and efficient operating conditions at the affected intersection(s).
(2)
Any development application for which a TIS is not submitted shall
provide sufficient information to ensure safe entering and exiting
conditions (e.g., sight distance, driveway width and grade) at all
proposed ingress and egress points.
(3)
In projecting future levels of service and the capacity of mainline
highway sections, accepted traffic engineering procedures, as determined
satisfactory by the Planning Board, shall be utilized, using the following
requirements as a guide:
(a)
Base-year traffic conditions, including peak-hour traffic volumes
and turning movements, must be documented either through direct field
surveys or from other available current data sources.
(b)
Projected volumes must include estimated traffic generation
from the proposed development during peak hours of on-site traffic
activity as well as peak hours of street system activity.
(c)
Daily trip generation estimates must be provided. Information
published by the Institute of Transportation Engineers (ITE) will
generally be relied upon as a basis for estimating trip generation,
although the Planning Board may allow or require a departure from
the use of specific ITE averages where the Board determines that such
departure is warranted by unique characteristics which may be present
in the proposed project.
(d)
Allowance shall also be made for traffic which is expected to
be generated by other projects already approved or under construction
within the Town or within neighboring communities, as well as an additional
allowance for general regional traffic volume changes.
(e)
Estimated traffic generation must be distributed throughout
the access network in accordance with clearly stated distribution
assumptions determined acceptable by the Planning Board.
(f)
The capacity analysis of the intersections or mainline highway
section roadway system shall be calculated both with and without site-generated
traffic. In analyzing such capacity, the applicant shall use methods
generally recognized by national authorities, such as the Transportation
Research Board of the National Academy of Sciences, and/or methods
accepted by the New York State Department of Transportation. Traffic
capacity estimates may take into account improvements planned by the
applicant or by others, provided that, in either case, a specific
commitment to construct such improvements has been made.
(g)
In determining overall intersection level of service at signalized
intersections, optimum practical signal timing may be assumed. Overall
intersection level of service shall be determined, for both signalized
and unsignalized intersections, based upon a volume-weighted average
of each intersection approach level of service.
O.
Review procedures. As a part of site plan review of an application
for the establishment of a use which, in the Planning Board's judgment,
could have potentially objectionable external aspects and therefore
be subject to these performance standards, the Planning Board may
require the applicant, at his or her own expense, to provide such
evidence as it deems necessary to determine whether the proposed use
will comply with these standards.
A.
Purpose and intent. The conduct of small-scale low-impact business
and professional uses on residential properties shall be permitted
under the provisions of this section. It is the intent of this section
to:
(1)
Ensure the compatibility of home occupations with other uses;
(2)
Maintain and preserve the rural and historic character of the Town;
and
(3)
Allow residents to engage in gainful employment on their properties
while avoiding excessive noise, traffic, nuisance, fire hazard, and
other possible adverse effects of nonresidential uses.
B.
Criteria and standards.
(1)
Home occupation as use permitted by right. Home occupations shall
be permitted uses if they are in compliance with the following criteria
and standards:
(a)
The home occupation may be conducted only by residents of the
dwelling unit plus no more than two nonresident assistants or employees
at any one time. A home occupation may be conducted within a dwelling
unit and/or within accessory structures. An area no larger than 30%
of the floor space of the primary dwelling unit may be occupied by
the home occupation, up to a maximum of 1,000 square feet.
(b)
A home occupation shall be incidental and secondary to the use
of a dwelling unit for residential purposes. It shall be conducted
in a manner which does not give the outward appearance of a business,
does not infringe on the right of neighboring residents to enjoy the
peaceful occupancy of their dwelling units, and does not alter the
character of the neighborhood.
(c)
Signs used in conjunction with a home occupation shall not be
animated or illuminated and shall not exceed three square feet.
(d)
Parking shall be adequate for nonresident employees and customers
or clients. No business vehicle larger than 12,000 pounds gross vehicle
weight may be parked regularly in a location visible from a public
road or neighboring properties.
(e)
Automobile and truck traffic generated shall not be greater
than the volume of traffic that would normally be generated by a residential
use, unless the residence is located on New York State Routes 22,
44, or 343.
(f)
There shall be no exterior storage of materials, equipment,
vehicles, or other supplies used in conjunction with a home occupation,
unless screened from the road and from other properties.
(g)
No offensive appearance, noise, vibration, smoke, electrical
interference, dust, odors, or heat shall occur. The use of substances
in a manner which may endanger public health or safety or which pollute
the air or water shall be prohibited.
(h)
More than one home occupation may be conducted on a lot, provided
that the combined impact of all home occupations satisfies these criteria
and standards.
(2)
Home occupation by special permit.
(a)
A home occupation occupying an area greater than that permitted in Subsection B(1)(a) above or employing more than two nonresident employees may be allowed by special permit, provided that it satisfies all criteria for the granting of special permits as well as the criteria and standards in Subsection B(1)(a) through (h) above. Such criteria shall become standard conditions of the special permit. In no case shall the area occupied by a home occupation allowed by special permit exceed the lesser of 40% of the floor space of the primary dwelling unit or 2,000 square feet.
(b)
A special permit granted for a home occupation shall include
a condition requiring the operator to obtain an annual operating permit
from the Code Enforcement Official at a cost of $75 per year beginning
in the second year of operation. Such operating permit shall be granted
after the Code Enforcement Official inspects the premises and finds
the home occupation to be in compliance with all conditions of the
special permit.
[Amended 8-28-2014 by L.L. No. 2-2014; 3-16-2023 by L.L. No. 4-2023]
In any development in which workforce housing is provided in order to obtain a density bonus [see § 121-20C(5)] or where workforce housing is mandated by any other provisions of this chapter (see §§ 121-16 and 121-42P) or by the Subdivision Law,[1] such housing shall comply with the requirements set forth in § 121-42. Prior to any approval by the Planning Board, all development applications subject to the requirements of this section shall be referred to the Housing Board for review and recommendations in accordance with the requirements and standards set forth in § 121-42 and pursuant the Housing Board authority provided therein. The Housing Board shall be required to provide a report and recommendation to the Planning Board within 45 days of receipt of the referral.
A.
Purpose and intent. The Town Board of the Town of Amenia recognizes
the local housing shortage and that people with moderate incomes lack
opportunity to find housing that is affordable to them within the
Town. The Town Board further recognizes that there is a need to encourage
the construction of housing units in the Town of Amenia that will
be affordable to moderate-income residents and to ensure that these
units remain affordable in perpetuity for the benefit of the current
and future workforce and residents of Amenia.
B.
Definition of "workforce housing unit." As used throughout this section,
the term "workforce housing unit" refers to a single or multifamily
housing unit or lot in a residential subdivision approved for construction
of a single or multifamily housing unit that is owned or rented by
an income-eligible household, as defined herein.
C.
Development standards.
(1)
Physical integration. All workforce housing units must be physically
integrated into the design of the development and constructed with
the same quality building materials as the market rate units. The
exterior finishes for workforce housing units shall be indistinguishable
from all other units. The developer may, however, substitute different
appliances and interior hardware or other interior finishes where
such substitutions would not adversely impact the livability of the
unit. All electrical appliances shall bear the "ENERGY STAR®" rating. The workforce housing units shall be
integrated with the market rate units to the extent practical. The
Planning Board may waive this requirement where an applicant proposes
to build workforce housing units off-site.
(2)
Dwelling unit type and size. Workforce housing units may be located
in multifamily, single-family attached, or single-family detached
dwellings and may be studio, one-, two-, three-, or four-bedroom units.
(3)
Minimum floor area. The gross floor area per workforce housing unit
shall be no less than the minimum required by the Building Codes of
the State of New York.
(4)
Phasing.
(a)
For any project that will be built in phases, the following
schedule shall apply for all workforce housing units:
|
Phase
|
Percentage of Workforce Units Receiving Certificates of Occupancy
|
Percentage of Market Rate Units Receiving Certificates of Occupancy
|
|---|---|---|
|
1
|
At least 25%
|
Up to 25%
|
|
2
|
At least 50%
|
Up to 50%
|
|
3
|
At least 75%
|
Up to 75%
|
|
4
|
100%
|
100%
|
(b)
Certificates of occupancy shall only be issued for market rate
units when the required percentage of workforce housing units for
the respective phase has been completed and a certificate of occupancy
has been issued for the workforce housing units or the corresponding
fee in lieu of building workforce housing has been paid.
(5)
Waiver of recreation fee and other requirements. When a recreation
fee is calculated in lieu of an approved reservation of recreation
lands, the Planning Board may calculate such fee based on the total
number of dwelling units exclusive of those which are workforce housing
units.
D.
Determining applicant eligibility.
(1)
Income limits. To be eligible to purchase a workforce housing unit,
the household's annual income shall not exceed 80% of the area
median income (AMI) for Dutchess County as defined annually by the
U.S. Department of Housing and Urban Development (HUD) and for which
the annual housing cost of a unit including common charges, principal,
interest, taxes and insurance (PITI) does not exceed 30% of 80% AMI,
adjusted for family size. To be eligible to rent a workforce housing
unit, the household's annual income shall not exceed 60% Dutchess
County AMI and for which the annual housing cost of the unit, defined
as rent plus any tenant-paid utilities, does not exceed 30% of 60%
AMI adjusted for family size.
(2)
Other assets.
(a)
Any household with net assets exceeding 50% of the for-sale
cost of a two-bedroom workforce housing unit shall be ineligible to
own or rent a workforce housing unit.
(b)
Any non-income-producing assets may be assigned an income producing
value and included as income by the reviewing agency when determining
eligibility.
E.
Occupancy requirements.
(1)
Standards. To prevent overcrowding of workforce housing units, at
the time of purchase or rent, the following schedule of occupancy
shall apply:
|
Number of Bedrooms
|
Maximum Number of Persons
|
|---|---|
|
0 (studio)
|
2
|
|
1
|
3
|
|
2
|
4
|
|
3
|
6
|
|
4
|
8
|
(2)
Residency. All workforce housing units shall be the primary residence
of the owners or renters. Owners may not rent their unit to others,
and renters may not sublet their unit, except that one-year subleases
shall be permitted if the household is required to move temporarily
for reasons of employment, health, or family emergency, not to exceed
a total of two years. These restrictions shall not apply to the developer
of the workforce housing units.
F.
Initial sale and resale of workforce housing units.
(1)
Calculation of initial sales price. The initial sales price of a unit shall be calculated such that the annual cost of the sum of principal, interest, taxes and insurance (PITI) and common charges, as applicable, shall not exceed 30% of the maximum family income allowed for such unit under § 121-42D(1) above.
(2)
Resale of workforce housing units.
(a)
Workforce housing units shall only be resold to eligible moderate-
income households of similar size.
(b)
The owner of a workforce housing unit shall notify the owner
or designate manager of the property of his or her intent to sell
prior to contact with any realtor or purchaser.
(c)
The maximum base purchase price shall be calculated to include
the purchase price of the workforce housing unit adjusted for the
increase in the consumer price index (CPI to be recommended by the
Dutchess County Department of Planning and Development) during the
period of ownership. In addition to the base purchase price, the maximum
permitted resale price shall also include the cost of permanent fixed
improvements made by the homeowner (not to exceed 5% of the home's
value per year of ownership) and necessary resale expenses.
(d)
The original deed and any subsequent deeds or instruments used
to transfer title to a workforce housing unit shall include a provision
indicating that the housing unit is a workforce housing unit subject
to perpetual restrictions on occupancy and resale. The following paragraph
must be included in all deeds and other transfer instruments: "This
dwelling has been constructed for use by moderate-income families
pursuant to a special workforce housing program established under
the Amenia Town Code. All future sales, resale or rental of this dwelling
in perpetuity must be to a person who is determined to be eligible
pursuant to the criteria set forth in the Amenia Town Code and at
a price determined in accordance with the Town's workforce housing
program."
G.
Initial lease and renewals of workforce housing rental units.
(1)
Calculating permissible rent. Maximum monthly rent, including utilities
(heat, hot water and electric), shall not exceed 30% of the maximum
family income allowed for such unit. Maximum rent shall be set in
such a manner that the eligible households will have sufficient income
to qualify to rent such units.
(2)
Lease terms and renewal. Applicants for workforce housing rental
units shall, if eligible and selected for occupancy, sign leases for
an initial term of one year. As long as the household remains eligible
and has complied with the terms of the lease, the household shall
be offered a one-year renewal every year. If at the time of renewal
the household's annual gross income exceeds the maximum income
limit as established by the Amenia Town Code, such household shall
be offered a market rate rental unit in the development, if available.
If no such unit is available at a rental price that the household
can afford, the household may renew the lease at the workforce housing
rental rate for one more year, subject to the condition that should
a market rate unit become available, the household shall be required
to move to such unit. At the end of the lease for such additional
year, the household shall have no further right to reside in the workforce
housing unit at the restricted workforce housing rent. At that time,
the landlord shall have the option of increasing the rent of the unit
to a market rate, provided that the landlord makes a comparable unit
available to another eligible household at the restricted workforce
housing rental rate.
(3)
Housing Board review. All lease terms shall be reviewed and approved
periodically by the Housing Board or an appropriate department or
qualified third-party consultant to the Town as designated by the
Housing Board.
H.
Maintenance, upkeep and repairs.
(1)
All
workforce housing units shall be maintained in a satisfactory manner
as prescribed by the Building Inspector/Code Enforcement Officer,
Housing Board, or by an appropriate department as may be designated
by the Town Board. Neither owners nor renters of workforce housing
units shall make any improvements that require a building permit without
prior written permission from the owner/managing company.
(2)
All workforce housing units shall be maintained at least at the original
builder's specification level. At the time of resale, the owner/managing
agent may determine that the unit has not been properly maintained
and shall be authorized to impose such assessments as necessary to
reasonably return the unit to its original condition. Said assessment
shall be deducted from that portion of the selling price reverting
to the seller of the unit.
I.
Tax assessment. The Town Assessor shall consider the limited resale
value of workforce housing units when determining the appropriate
assessment on such units.
J.
Process. Any special permit, site plan, subdivision, or other application involving the creation of workforce housing under this § 121-42 shall be referred to the Housing Board for a report and recommendation. The Housing Board shall be required to provide a report and recommendation within 45 days of receipt of the referral. Workforce housing requirements for Planning Board review:
(1)
Any application involving the creation of workforce housing shall include the plans, descriptive information, and other documents sufficient to clearly portray the intentions of the applicant with respect to workforce housing and demonstrate compliance with the development standards required by Subsection C of § 121-42 and shall include such other information as the Housing Board deems necessary to conduct an informed review. Such information shall include:
(a)
Management company required. A private developer proposing to
build workforce housing units shall retain by contract a qualified
management company approved by the Housing Board that specializes
in income-restricted housing, or the developer may enter into a contract
with Dutchess County to manage the income-restricted units in accordance
with the terms of this section. The developer's application shall
include the qualifications of the management company shall demonstrate
its capacity to fulfill the following responsibilities:
[1]
Screening the residents and managing the workforce housing units
for each project for which it has been retained.
[2]
Managing the sale, resale, and rental of all housing units and
monitor the same for compliance with Town Code and applicable New
York State laws.
[3]
Accepting and processing all resident applications.
[4]
Filing annual reports with the Housing Board. Such reports shall
be due to the Housing Board on June 15 of each year, or as specified
by the Housing Board.
[5]
Certifying tenant/purchaser eligibility pursuant to this chapter.
[6]
Certifying that the workforce housing units are being maintained
in accordance with this section and the New York State Building Code.
[8]
Such other requirements as promulgated by the Housing Board.
(2)
Incorporation of conditions of approval. Any special permit, site plan, or subdivision approval involving the creation of workforce housing under this § 121-42 shall include specific conditions referencing the requirements of this section, which shall also be noted on any approved site plan or subdivision plat and incorporated in any deeds, as required by this section. In any phased development, such conditions shall also establish a phasing schedule to ensure that any required workforce housing units are built or fees in lieu of building such units are paid on a pro rata basis as the development is built out.
K.
Administrative and monitoring agency. The Town Board shall appoint
a Housing Board, which shall promote, administer and monitor the workforce
housing program. The Town Board, in consultation with the Housing
Board, may retain a qualified administrative entity to facilitate
the administration and monitoring of the workforce housing program
including workforce housing built and/or owned by the Town. The Housing
Board would have direct oversight of the administrative entity, which
could be a not-for-profit organization, government agency, private
consultant, staff, or other entity qualified to perform the responsibilities
specified in this section as delegated by the Housing Board, or by
contract with Dutchess County. The following list identifies the responsibilities
and duties of the Housing Board:
(1)
Oversee the administration and monitoring of the workforce housing
program. Administrative items, which the Housing Board may delegate
to the administrative entity, include:
(a)
Accept and review applications.
(b)
Maintain eligibility list, annually certify and recertify applicants.
(c)
Review certification from owners and lessors of rental units
certifying that units are occupied by eligible families.
(d)
Maintain list of all workforce housing units in the Town.
(e)
Review all deed restrictions for workforce housing units.
(f)
Review all lease terms for workforce housing units.
(2)
Assist the Town Board/Planning Board in determining and reviewing
applications to build workforce housing units.
(3)
Recommend annual maximum income limits; rental prices; resale values.
(4)
Recommend rules and regulations as necessary.
(5)
Review annual reports from management companies.
(6)
Seek public-private partnerships to develop workforce housing.
(7)
Assess and report on the Town's workforce housing needs.
L.
Appeals. Any person aggrieved by a decision of the management company
may appeal such decision to the Housing Board.
M.
Fee in lieu of providing workforce housing.
(1)
Purpose and intent. The Town Board hereby implements § 121-42N by establishing a fee to be paid into a dedicated Workforce Housing Trust Fund as an alternative to the construction of workforce housing where such housing is either mandated or available as a condition of a density bonus and by authorizing the creation of a Town Workforce Housing Trust Fund for the purpose of receiving funds from payments and/or fees and/or gifts collected or received by the Town pursuant to the Town's Workforce Housing Law and this section.
(2)
Workforce Housing Trust Fund.
(a)
The Workforce Housing Trust Fund receives funds from payments
and/or fees collected by the Town pursuant to this section, which
establishes a fee to be paid in lieu of providing workforce housing
and allows funds from gifts of property or grants for the purpose
of providing workforce housing. Deposits into the Workforce Housing
Trust Fund shall include all revenues from payments collected by the
Town pursuant to the Town's Workforce Housing Law and this section
and any gifts for the purpose of providing workforce housing.
(b)
The Workforce Housing Trust Fund shall be a segregated municipal fund administered by the Town Board. The Workforce Housing Trust Fund shall be used exclusively to provide for the purchase, planning, development, construction, improvement, rehabilitation, sale or resale, rental, subsidy, support, or other legal means of creating or supporting workforce housing for income-qualified households. Funds in the Workforce Housing Trust Fund may also be allocated toward capital improvements to water and/or sewer infrastructure, provided that the Town Board, after consultation with the Housing Board, determines that such contribution to such infrastructure substantially advances the Town's goal of increasing the availability of workforce housing for the persons who are the intended beneficiaries of the workforce housing program as described in § 121-42.
(c)
Interest earned or accrued on moneys deposited in the Workforce
Housing Trust Fund shall be credited to and become part of said fund.
Pending expenditures from such Workforce Housing Trust Fund, moneys
therein may be invested in the manner provided by law.
(d)
Except as previously set forth herein, in no event shall moneys deposited in the Workforce Housing Trust Fund be transferred to any other account unless such transfer shall be determined by the Town Board, after consultation with the Housing Board, to be in furtherance of the workforce housing goals of the Town as set forth in § 121-42.
(e)
Costs of administering the Workforce Housing Trust Fund as it
is applied toward advancing the workforce housing program shall not
exceed 10% of the average fund balance for each calendar year.
(3)
Fee. The Town Board hereby establishes a fee to be paid into the
Workforce Housing Trust Fund as an alternative to the construction
of workforce housing where such housing is either mandated or available
as a condition of a density bonus. Fees paid as an alternative to
the construction of workforce housing shall be paid to and deposited
into the Workforce Housing Trust Fund.
(a)
After review and consideration of the provisions of § 121-42, consultation with the Housing Board, review and consideration of an economic analysis performed at the request of the Town Board, and the standard of practice that workforce housing units be of the same or similar quality and size as the market rate units, the Town Board establishes a fee to be paid into the Workforce Housing Trust Fund in lieu of providing workforce housing as follows:
[1]
For each workforce housing unit that would be required to be built pursuant to § 121-42, the per-unit fee, regardless of unit size (bedroom count), shall be 1.25 times (l.25X) the U.S. Housing and Urban Development (HUD) Dutchess County area median income (AMI) for a household of four for the year in which the project is approved.
(b)
Where an applicant for a phased development elects to pay a fee in lieu of constructing workforce housing ("the fee in lieu") in accordance with a phasing schedule as described in § 121-42C(4), the applicant shall be obligated to pay the fee in lieu before any certificates of occupancy for market rate units are issued in that respective phase. The fee in lieu shall be based on the rates in effect at the time payment is made into the Workforce Housing Trust Fund. The applicant may elect to pay the fee in lieu at an earlier time in accordance with the fee in lieu schedule in effect at the earlier time of payment.
(4)
Financial guarantee or security. The Town Board has the right to
require the posting of a financial guarantee and/or security to ensure
timely payments required as an alternative to the construction of
workforce housing.
N.
Mandatory workforce housing.
(1)
In any development of 10 or more dwelling units, or a subdivision of 10 or more lots, at least 10% of the units/lots shall be developed as workforce housing under this § 121-42. In computing this number, fractional units of 0.5 or more shall be rounded up. The workforce housing units shall be added to the allowable unit count established under this chapter. For example, if an applicant is permitted to build 25 dwelling units under this chapter, the applicant shall be required to build at least three workforce housing units in addition, bringing the total allowable unit count to 28.
(2)
The applicant may, instead of building the workforce units on-site, substitute one or more of the following alternative measures, if such measures are consistent with the Town of Amenia Comprehensive Plan and the purposes of this§ 121-42:
(a)
Pay a fee in lieu of constructing the workforce housing units as provided in Subsection M above.
(b)
Construct the required workforce housing units in another location
approved by the Planning Board.
(c)
Make a substantial contribution toward the cost of providing
public water and/or sewer infrastructure. In order to allow this contribution
to substitute for satisfying the workforce housing requirement, the
Planning Board in consultation with the Town Board and Housing Board
must find that:
[1]
The contribution substantially advances the Town's goal
of providing such infrastructure; and
O.
Fees. New workforce housing units shall be exempt from site plan,
recreation, and building permit fee requirements that would otherwise
apply. Where the new workforce housing units are part of an application
that includes non-workforce housing components the fee shall be calculated
for the total development and a proportional share deducted for the
workforce housing units. Accessory dwelling units shall be exempt
from recreation fees.
A.
New driveway entrances (including the conversion of farm roads into
residential or commercial driveway entrances) shall require permission
from the Town Superintendent of Highways for Town roads, the Dutchess
County Department of Public Works for county roads, or the New York
State Department of Transportation for state roads.
B.
Drive-up windows shall require site plan review. Street access points
and queueing areas shall be sited in a manner that does not create
safety hazards to pedestrians or motorists and that does not increase
traffic congestion on existing streets.
C.
Drive-up windows shall be permitted only in the HC District.
D.
Restaurant drive-up or drive-through windows shall be prohibited.
A.
Mobile home parks.
(1)
New mobile home parks shall be permitted only within mapped MHO districts.
(2)
Within
the Mobile Home Park Overlay District all of the underlying land use
district regulations shall remain in effect, except those that are
modified by this section or the Overlay District Use Table included
at the end of this chapter.
[Added 11-20-2019 by L.L. No. 2-2019[1]]
(3)
Existing mobile home parks not located in an MHO district may be continued as provided in Article VI, and new mobile homes may be installed pursuant to plans approved before the enactment of this § 121-44. The expansion of an existing mobile home park shall be allowed by special permit, provided that the mobile home park is included in a mapped MHO district.
(4)
New mobile home parks may be permitted in the MHO District provided
that they obtain a special permit from the Planning Board and fully
comply with all standards for conservation subdivisions, except as
follows:
(a)
The number of permitted homes in any mobile home park shall be determined as provided by the formula in § 121-20B, using three dwelling units per acre as the maximum allowable density.
(b)
The minimum protected open space shall be 30%.
(c)
The development shall provide playground and recreational facilities
for the use of residents.
(d)
The maximum number of mobile homes in any mobile home park shall
be 60.
(e)
The minimum parcel size shall be 10 acres.
(f)
All mobile homes shall be screened from view from public roads
and other publicly accessible land.
(g)
All mobile homes shall be set back at least 100 feet from property
lines.
(5)
All new mobile home parks and expansions of existing mobile home parks shall be required to comply with all applicable state and federal regulations and all applicable special permit and site plan review standards and criteria in this chapter. If the mobile home park will involve the creation of separate lots, the Town of Amenia Subdivision Law (Chapter 105) shall apply.
B.
Individual mobile homes outside of mobile home parks.
(1)
Individual mobile homes permanently located outside of mobile home parks shall be prohibited, except in connection with farm operations as provided in Subsection E.
(2)
Nonconforming mobile homes may be replaced by mobile homes that comply
with currently applicable federal and state building standards.
C.
Temporary mobile homes. An owner of land located within the Town
of Amenia and who intends in good faith to construct a dwelling thereon
for his own occupancy may be granted a permit to place a mobile home
on such land during the construction of the dwelling not to exceed
a period of one year. A mobile home may also be temporarily placed
on any lot for a period not to exceed one year in the event of major
damage to or destruction of a dwelling located on such lot. To the
extent practicable, such temporary mobile homes shall comply with
the provisions of this section, except that such homes may be installed
without permanent footings. After one year, the Code Enforcement Official
shall send notice to remove the temporary mobile home or to apply
for an extension not to exceed one additional year in the event that
construction, repair, or reconstruction of the residence has not been
completed. No further extension shall be granted, unless the Planning
Board, after an examination of the facts and after providing the applicant
an opportunity to be heard, may, upon finding a hardship or extenuating
circumstances, grant a further extension of the permit if denial would
work a hardship.
D.
Construction trailers. Construction trailers may be placed temporarily
(without permanent footings) on construction sites for a period not
to exceed the construction period, if allowed pursuant to a special
permit, site plan, variance, or subdivision approval. Such trailers
may be used for office, storage, or workshop space, and shall not
be used for residential purposes.
E.
Farm operations. Mobile homes shall be permitted by right on farm
operations, provided that they comply with all state and federal standards
and satisfy all applicable health regulations. Such mobile homes shall
be located within the boundaries of the farm parcel operated by the
applicant farm operator, subject to the following conditions:
(1)
The mobile home shall be used exclusively for the housing of a farm
employees and the immediate family of such employees.
(2)
Such employees shall be employed full-time in the occupation of the
applicant farmer and derive the majority of their annual income from
employment in agricultural operations on the farm.
(3)
The mobile home(s) shall be placed in such a manner and/or position
or location that observation by adjoining property owners will be
minimized.
The number of tents, trailers, houseboats, recreational vehicles, or other portable shelters in a camp shall not exceed the number of single-family dwellings which could be erected on such premises in a conservation subdivision. Camp structures shall be set back at least 250 feet from property lines, unless the property line is the shoreline of a stream, in which case the setback requirements of § 121-14D shall apply.
No telecommunications tower shall be constructed, maintained
or used unless in conformity with this section. No telecommunications
tower shall hereafter be erected, moved, reconstructed, expanded,
changed or structurally altered unless in conformity with this section.
The construction, maintenance, use, erection, movement, reconstruction,
expansion, change or structural alteration of telecommunications towers
shall be governed by this section, and any provisions of this chapter
which are inconsistent with this section shall be superseded by the
terms of this section. Nothing herein shall be construed to apply
to, prohibit, regulate or otherwise affect the erection, maintenance
or utilization of antennas or support structures by those licensed
by the Federal Communications Commission pursuant to 47 CFR Part 97
to operate amateur radio stations.
A.
Purpose. The purpose of this section is to promote the health, safety
and general welfare of the residents of the Town of Amenia ("Town");
to preserve the scenic, historic, natural and man-made character and
appearance of the Town, while simultaneously providing standards for
the safe provision, monitoring and removal of wireless telecommunications
towers and facilities consistent with applicable federal and state
regulations; to minimize the total number of telecommunications towers
in the community by encouraging shared use of existing and future
towers and the use of existing tall buildings and other high structures;
to minimize adverse visual effects from telecommunications towers
by requiring careful siting and configuration, visual impact assessment
and appropriate landscaping to provide a procedural basis for action
within a reasonable period of time for requests for authorization
to place, construct, operate or modify telecommunications towers;
and to encourage camouflaging of telecommunications towers.
B.
Use regulations. Telecommunications towers and facilities, if permitted by the Use Table in § 121-10,[1] shall require one of the following: a building permit only [see Subsection B(1) below]; a building permit and site plan approval of the Planning Board [see Subsection B(1)(a)[5] below]; or a building permit, site plan approval of the Planning Board and special permit approval of the Zoning Board of Appeals, as provided in the remainder of this § 121-46.
(1)
Location or co-location.
(a)
The location or co-location of communication equipment on an
approved communications tower or a tall structure is a permitted use
subject to the issuance of a building permit, provided that the Code
Enforcement Official determines that the location or co-location does
not:
[1]
Increase the original approved height of the supporting structure
by more than 15%;
[2]
Cause the original approved number of antennas to be exceeded
by more than 50%;
[3]
Increase the original approved square footage of accessory buildings
by more than 200 square feet;
[4]
Add new or additional microwave antenna dishes; and
[5]
Expand the footprint of said support structure or cause adverse impacts
on the existing support structure or the surrounding area.
(b)
If the Code Enforcement Official cannot make these findings,
site plan approval will be required from the Planning Board, and the
Code Enforcement Official shall refer the matter to the Planning Board.
(2)
New telecommunications tower construction, or modification, reconstruction or enlargement of such towers, is subject to obtaining a special permit from the Zoning Board of Appeals pursuant to Article IX of this chapter, as well as the standards and requirements hereafter established in this section. Applications for a special permit under the subsection shall be a Type I action under the State Environmental Quality Review Act.
(3)
Construction of telecommunications towers shall comply with the Code
of Federal Regulations pertaining to objects affecting navigable airspace
as delineated with Federal Aviation Regulation (FAR) Part 77. Additionally,
no application for construction of a telecommunications tower will
be approved if the proposed tower violates the criteria for obstructions
to air navigation as established by FAR Part 77.
(4)
Pending applications. Applications to construct, or co-locate on,
a communications tower pending before any Board of the Town at the
time of initial adoption of this section shall continue to be processed
to minimize delay and expense to the applicant as much as possible.
Information already on file with the reviewing Board shall be used
to the extent applicable to satisfy submission requirements under
this section. Any additional information required by this section
shall be specified, upon request of the applicant, by the reviewing
Board within 45 days after request. All pending applications shall
be decided under the provisions of this section. If a public hearing
has already been held on the application, no further public hearing
shall be required except as may be required in the discretion of the
reviewing board or agency. If a public hearing has not been held,
then a public hearing shall be held as required under the terms of
this section.
[1]
Editor's Note: The Use Table is included at the end of this chapter.
C.
Requirements for co-location proposals. At all times, shared use
of tall structures and existing or approved communications towers
shall be preferred to the construction of new telecommunications towers.
(1)
Applications pursuant to Subsection B(1) shall be made to the Code Enforcement Official and shall include the following:
(a)
A completed application for a building permit.
(b)
Documentation of consent from the owner of the existing facility
to allow shared use.
(c)
A New York State licensed engineer's report certifying that
the proposed shared use will not diminish the structural integrity
and safety of the tall structure and explaining what modifications,
if any, will be required in order to certify to the above.
(d)
A copy of applicable Federal Communications Commission license.
(e)
A statement, certified by a New York State licensed engineer,
that the installation of the proposed antenna will not interfere with
the radio, television or other wireless services enjoyed by residential
and nonresidential properties or with public safety communications
in proximity to the site.
(2)
Applicants that do not meet the requirements of Subsection B(1)(a)[1] through [5] shall provide, in addition to the requirements of Subsection B(1)(a)[1] through [5], a site plan which shall show all existing and proposed structures and improvements, including antennas, roads, buildings, guy wires and anchors, parking and landscaping, grading plans for new facilities and roads, and such other information as the Planning Board deems appropriate in its review of the application. Any methods used to conceal the modifications of the existing facility shall be indicated on the site plan.
D.
Requirements for new telecommunications towers.
(1)
The Zoning Board of Appeals may consider a special use permit request
to locate a new telecommunications tower if the applicant can demonstrate
that shared use of existing tall structures and existing or approved
communications towers or communications tower sites are undesirable
due to structural deficiencies; provide documented evidence that a
site is unavailable because the owner is not willing to participate
in a lease or ownership agreement; provide documented evidence that
the site will not work from a technological aspect; or demonstrate
that the applicant's proposed location or co-location on the site
would have an adverse impact on the surrounding area. An applicant
for a new telecommunications tower shall also obtain site plan approval
from the Planning Board and shall submit a completed full environmental
assessment form (EAF) and a completed visual EAF addendum to the Planning
Board and Zoning Board of Appeals. An applicant shall be required
to present an adequate report with an inventory of all existing tall
structures and existing or approved communications towers within a
two-mile radius of the proposed site. The site inventory shall include
a map showing the exact location of each site inventoried, including
latitude and longitude (degrees, minutes, seconds); ground elevation
above sea level; and height of the structure and/or tower and accessory
buildings on the site of the inventoried location. The report shall
outline opportunities for shared use of these facilities as an alternative
to a proposed new communications tower. The report shall demonstrate
good faith efforts to secure shared use from the owner of each potential
existing tall structure and existing or approved communications tower,
as well as documentation of the physical, technical and/or financial
reasons why shared usage is not practical in each case. Written requests
and responses for shared use shall be provided. The report shall include
the following information to permit the Town to evaluate the need
for the new telecommunications tower site:
(a)
Information establishing the present need for the proposed tower.
Special use permits are to be based on actual need and not on speculation
of future needs.
(b)
RF signal coverage plots depicting the anticipated radio frequency
coverage for the proposed site.
(c)
RF coverage plots depicting evidence that the proposed area
to be provided coverage by the proposed new tower is currently deficient
in radio frequency coverage.
(d)
The frequency spectrum (output frequency) to be used at the
proposed site (cellular, personal communications systems, broadcast
frequency, analog or digital, etc.). A copy of a current FCC license
that authorizes the applicant to provide the specific service is required.
(e)
The type, manufacturer, model number of the proposed tower.
(f)
The height of the proposed tower, including the height of any
antenna structure above the supporting structure of the tower.
(g)
The number of proposed antennas, type, manufacturer, model number,
dB gain, size and orientation on the proposed tower.
(h)
Such other information as may be deemed necessary by the Board(s)
so as to make a thorough evaluation of the applicant's proposal.
(2)
Applicants shall design proposed new telecommunications towers to
accommodate future demand for reception and transmitting facilities.
Applications for new telecommunications towers shall include an agreement
committing the owner of the proposed new telecommunications tower,
and its successors in interest, to negotiate in good faith for shared
use of said tower by other providers of communications in the future.
This agreement shall be filed with the Code Enforcement Official prior
to issuance of a building permit. Failure to abide by the conditions
outlined in the agreement shall be grounds for the revocation of a
special use permit. The agreement shall commit the telecommunications
tower owner and lessee and their successors in interest to:
(a)
Respond within 45 days to a request for information from a potential
shared-use applicant.
(b)
Negotiate in good faith concerning future requests for shared
use of the telecommunications tower by other providers of communications.
(c)
Allow shared use of the telecommunications tower if another
provider of communications agrees in writing to pay reasonable and
customary charges in the prevailing market. The charges may include,
for instance, a pro rata share of the cost of site selection, planning,
project administration, land costs, site design, construction and
maintenance financing, return on equity and depreciation, and all
of the costs of adapting the tower or equipment to accommodate shared
use without causing electromagnetic interference.
E.
Special permit review submission requirements.
(1)
Applications to the Zoning Board of Appeals for a special permit shall be made in accordance with Article IX and shall also include the following:
(b)
Information and documentation indicating and identifying areas
within the Town where communications coverage by the applicant remains
unsatisfactory. Applicants may be required to provide sufficient information
to the Town so as to clearly identify and describe the applicant's
communications coverage master plan or siting and/or communications
coverage plan.
(c)
A qualified New York State licensed engineer's report regarding
nonionizing electromagnetic radiation for the proposed site. Such
report will provide sufficient information to detail the amount of
radio frequency radiation expected from the proposed site. Additionally,
the engineer's report will comply with FCC reporting criteria, as
amended, for a cumulative report, reporting levels of anticipated
exposure from all users on the site. The report must indicate whether
or not the proposed telecommunications tower will comply with FCC
emission standards.
(d)
A completed full environmental assessment form (EAF) and a completed
visual EAF addendum.
(e)
Existing or before-condition color photographs (minimum size
eight inches by 10 inches) of views of the site from key viewpoints
both inside and outside of the Town, including but not limited to
state highways and other major roads, state and local parks, other
public lands, preserves and historic sites normally open to the public,
scenic roads and scenic views identified in the Amenia Comprehensive
Plan and from any other location where the site is visible to a large
number of residents or visitors. The Zoning Board of Appeals shall
determine the appropriate key viewpoints from which the site shall
be photographed.
(f)
Proposed or after-condition simulations. Each of the existing
condition photographs shall have the proposed wireless telecommunications
facility superimposed upon it to show what would be seen from the
key viewpoints if the proposed facility is built.
(2)
Within 21 days of filing an application for a special use permit,
the applicant shall arrange for a balloon or crane test at the proposed
site to illustrate the height of the proposed facility. The date,
time and location of such test shall be advertised in a newspaper
of general circulation in the Town at least 14 days, but not more
than 21 days, prior to the test.
F.
Special requirements for new telecommunications towers. Any special
permit proposal for a new telecommunications tower shall be subject
to the following standards:
(1)
Setbacks. Each proposed telecommunications tower and telecommunications
facilities structure shall be located on a single lot and shall comply
with applicable setback requirements. In addition, the following setback
shall be observed: The minimum distance from the base of any new tower
to any property line, road, dwelling, business or institutional use
or public recreation area shall be the height of the tower, including
any antennas or appurtenances, in order to preserve a safe "fall zone,"
which is the area on the ground within a radius from the base of a
tower where there is a potential hazard from falling debris (such
as ice) or collapsing material.
(2)
Camouflage. New telecommunications towers shall be camouflaged as
follows:
(a)
Camouflage by buffers of existing dense tree growth and understory
vegetation in all directions to create an effective year-round visual
buffer of sufficient height and depth to effectively screen the entire
facility. Where the bulk of the facility is screened but portions
remain unscreened, the Zoning Board of Appeals shall determine the
types of trees and plant materials to be provided and depth of the
needed increased buffer based on site conditions.
(b)
To the extent that any tower extends above the height of immediately
surrounding vegetation, it shall be constructed to resemble or mimic
a native coniferous species of tree so as to minimize the adverse
visual and aesthetic impact, unless otherwise required by the Zoning
Board of Appeals. Towers may also be camouflaged by other means such
as new construction of a silo, flagpole, clock tower, bell tower,
cross tower, steeple, or other innovative replication of a structure
that would be consistent with the character of the community as determined
by the Zoning Board of Appeals.
(3)
Tower design and height. Alternative designs shall be considered
for new telecommunications towers, including lattice and single-pole
structures. The design of a proposed new telecommunications tower
shall comply with the following:
(a)
Any new telecommunications tower shall be designed to accommodate
future shared use by other providers of communications.
(b)
Unless specifically required by other regulations, a telecommunications
tower shall have a finish (either painted or unpainted) that minimizes
its degree of visual impact.
(c)
Notwithstanding the height restrictions listed elsewhere in
this chapter, the maximum height of any new telecommunications tower
shall not exceed that which shall permit operation without artificial
lighting of any kind or nature, in accordance with municipal, state
and/or federal law and/or regulations.
(d)
The maximum height of a telecommunications tower in HC, OC,
and M Districts shall be 120 feet above natural ground level, and
in all other districts the maximum height shall be 70 feet above natural
ground level.
(e)
The Zoning Board of Appeals may request a review of the application
at the applicant's expense by a qualified New York State licensed
engineer and/or consultant in order to evaluate the application. Fees
for the review of the application by such engineer and/or consultant
are in addition to the application fee and shall be the sole responsibility
of the applicant.
(f)
Accessory structures shall maximize the use of building materials,
colors and textures designed to blend with the natural surroundings.
Accessory structures shall be limited to equipment shelters only and
shall be designed to be architecturally similar and compatible with
each other and shall be no more than 12 feet high. The buildings shall
be used only for housing of equipment related to the particular site.
Whenever possible, the buildings shall be joined or clustered so as
to appear as one building. Equipment shelters shall be camouflaged
behind an effective year-round landscape buffer equal to the height
of the proposed building. The Planning Board shall determine the types
of plant materials and the depth of the needed buffer based on site
conditions.
(g)
No portion of any telecommunications tower or accessory structure
shall be used for a sign or other advertising purpose, including but
not limited to company name, phone numbers, banners and streamers,
except for the following: A sign of no greater than two square feet
indicating the name of the facility owner(s) and twenty-four-hour
emergency telephone number shall be posted adjacent to any entry gate.
In addition, "No Trespassing" or other warning signs may be posted
on the fence. All signs shall conform to the sign requirements of
the Town.
(h)
Towers must be placed to minimize visual impacts. Applicants
shall place towers on the side slope of terrain so that, as much as
possible, the top of the tower does not protrude over the ridgeline,
as seen from public ways. Alternative designs shall be considered
for new telecommunications towers, including lattice and single-pole
structures.
(i)
Wireless telecommunications towers and facilities shall be designed
by a New York State licensed engineer to withstand overturning and
failure. In the event of failure, towers and facilities shall be designed
so that they will fall within the setback area of the site and/or
away from adjacent residential properties. The Zoning Board of Appeals
shall require a foundation design and certificate of safety from the
carrier to document structural soundness.
(4)
Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible. No cutting of trees shall take place on a site connected with an application made under this section prior to the approval of the special use permit. Exceptions to tree cutting may be made on a case-by-case basis prior to approval of the special use permit for visual assessment activities specified in Subsection E, but such activity does not commit the respective board to approve the application.
(5)
Screening. Deciduous or evergreen tree plantings may be required
to screen portions of the telecommunications tower and accessory structures
from nearby residential property as well as from public sites known
to include important views or vistas. Where a site adjoins a residential
property or public property, including streets, screening suitable
in type, size and quantity shall be required by the Planning Board.
(6)
Noise. The applicant shall demonstrate to the approving board that
adequate measures have been taken to screen and abate site noises
such as heating and ventilating units, air conditioners and emergency
power generators. Telecommunications towers and facilities shall comply
with all applicable sections of the Town Code as it pertains to noise
control and abatement.
(7)
Lighting. No exterior lighting of accessory buildings or accessways
shall spill from the site in an unnecessary manner.
(8)
Access. Adequate emergency and service access shall be provided and
maintained. Maximum use of existing roads, public or private, shall
be made. Road construction shall, at all times, minimize ground disturbance
and vegetation cutting to the toe of fill, the top of cuts, or not
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. To the extent feasible, all network
interconnections to and from the telecommunications site and all power
to the site shall be installed underground. At the initial construction
of the access road to the site, sufficient conduit shall be laid to
accommodate the maximum possible number of telecommunications providers
that might use the facility.
(9)
Parking. Sufficient parking shall be provided to assure adequate
emergency and service access. The Zoning Board of Appeals shall determine
the number of required spaces, but in no case shall the number of
parking spaces be less than two spaces.
(10)
Fencing. The telecommunications tower and any accessory structure
shall be adequately enclosed by a fence, the design of which shall
be approved by the Zoning Board of Appeals. This requirement may be
relieved by the Zoning Board of Appeals if the applicant demonstrates
that such measures are unnecessary to ensure the security of the facility.
(11)
Removal. Telecommunications towers and telecommunications facilities, including mounts, antennas, equipment shelters and security barriers, shall be dismantled and removed by the applicant or the owner of the subject premises when they are no longer used or needed for their original purpose or if a special use permit expires as provided in Subsection G. All applications for approval of new telecommunications towers shall be accompanied by a plan covering reclamation of the site after removal of the tower. No approvals shall be given under this article until all owners of the subject premises give the Town, in a form suitable to the Town Attorney, a recordable instrument, running with the land, granting the Town the right to enter upon the premises to dismantle and to remove the tower or facilities in the event of the owners' failure to comply within three months with a lawful written directive to do so by the Code Enforcement Official; and giving the Town the right, after fair notice and opportunity to be heard before the Town Board by the owner(s) of the premises, to charge the actual costs associated with disassembly or demolition and of removal, including any necessary and reasonable engineering or attorneys' fees incurred to carry out its rights hereunder, by adding that charge to and making it a part of the next annual real property assessment roll of the Town of Amenia to be levied and collected in the same manner and at the same time as Town-assessed real property taxes. The giving of such an agreement to the Town shall not preclude the Town from pursuing the alternative enforcement actions of seeking an injunction from a court of competent jurisdiction to compel removal, or seeking judgment to recover the costs, together with reasonable and necessary engineering and attorneys' fees, of dismantling and removal by the Town. The Town may secure removal of towers or facilities hereunder by requiring the applicant and/or the owner(s) of the premises to provide an undertaking and a continuing letter of credit covering the projected costs of dismantling and removal.
(12)
Proof of insurance. The applicant and the owner of the property
where the communications tower is to be located shall provide the
Town Clerk with proof of liability insurance in an amount not less
than $3,000,000 to cover potential personal injury and property damage
associated with construction and subsequent operation and maintenance,
and the policies of insurance shall name the Town as an additional
insured.
(13)
The applicant shall maintain the telecommunications facility
in good condition, including, but not limited to, structural integrity
of the mount and security barrier; painting; maintenance of stealth
technology camouflaging; and maintenance of the buffer areas and landscaping.
Telecommunications towers over 100 feet in height shall be inspected
annually by a professional engineer licensed in New York State and
a copy of the inspection report submitted to the Town of Amenia Code
Enforcement Official.
G.
Term of special use permits. Special use permits issued under this
section shall expire 10 years after approval unless reissued by the
Zoning Board of Appeals prior to said expiration date.
[Added 2-16-2012 by L.L. No. 1-2012]
A.
AIRCRAFT
AIRFIELD
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A device which is used for the transportation of one or more
persons or goods through the air, including, but not limited to, airplanes,
blimps, dirigibles, helicopters, and gliders. However, "aircraft"
does not include balloons or parachutes.
An area for the landing, touchdown, or takeoff of an aircraft,
including, but not limited to, an airport, airstrip, field, helipad,
heliport, and helistop. Any use of an aircraft for landing, touchdown,
or takeoff on private or public land in the Town of Amenia, except
for emergency purposes, is covered by this definition.
B.
Airfields prohibited.
(1)
Airfields are not a permitted use in any of the zoning districts
in the Town of Amenia.
(2)
Emergency use exception. The landing, touchdown, or takeoff
of an aircraft for emergency purposes, such as police, law enforcement,
medical, fire, or natural disasters, shall be permitted in all zoning
districts in the Town of Amenia. The Building Inspector is permitted
to investigate any circumstances to verify such emergency use.
C.
Existing airfields. An existing airfield may continue to be used
after the effective date of this section if:
(1)
The airfield use commenced more than 15 years prior to the effective
date of this section; and
(2)
Prior to December 31, 2002, the Town Board issued an airfield
permit authorizing the continued operation of the airfield pursuant
to Town of Amenia Local Law No. 5 of 2001; and
(3)
The airfield use has been continuously operated without abandonment
since the issuance of the airfield permit by the Town Board and approval
by the Commissioner of Transportation pursuant to § 249
of the General Business Law; and
D.
Permit term; renewals.
(1)
An airfield permit issued pursuant to this section shall have
a term of no more than five years.
(2)
An owner may apply to the Town Board for renewals of an airfield
permit up to six months prior to the expiration of the prior permit.
The airfield permit shall be renewed by the Town Board, provided that
the owner has operated the airfield in compliance with the applicable
rules and regulations of the Town and any regulatory body having jurisdiction
over the operation of such an airfield.
(3)
The Town's permit to operate an airfield shall expire within
three months of the transfer of ownership of the property on which
the airport is situated unless the new owner shall have applied to
the Town Board for a permit to continue operation.
(4)
Failure to timely submit an application for an airfield permit
or a renewal airfield permit shall constitute an abandonment of any
nonconforming use status afforded such airfield.
Timber harvesting shall be permitted by right subject to site
plan review in all districts. The site plan submission requirements
may be satisfied by presenting a forest management plan from a qualified
professional forester, which shall be reviewed by a consulting forester
retained by the Town at the applicant's expense. All timber harvesting
plans shall comply with best management practices established by the
New York State Department of Environmental Conservation and with the
Scenic Protection Overlay District, if applicable. The Planning Board
shall waive all site plan application and approval requirements that
are not relevant to forest management and timber harvesting. The Planning
Board shall not waive the requirement of performance guarantees necessary
to ensure proper erosion control, stormwater management, reforestation,
maintenance of on-site roads, and protection of off-site roads from
damage resulting from timber harvesting, stormwater runoff, and trucking
of timber.
The Town of Amenia finds that adult uses, as defined in Article XII, may have negative impacts upon the neighborhood and surrounding area where they are located. Such impacts include physical deterioration, disinvestment, and increased crime. Adult uses shall be allowed by special permit in the M District only. In addition to all applicable special permit and site plan criteria in Article IX, such uses shall satisfy the following additional standards:
A.
No adult use shall be located within 1,000 feet of any single-family,
two-family, or multifamily residence or of any school, day-care center,
library, religious institution, park or other public recreation area,
or recreational business.
B.
No adult use shall be located within 1,000 feet of any other adult
use.
C.
No more than one freestanding sign, not exceeding 12 square feet, shall be permitted for an adult use in a location visible from a public street. Such sign shall be limited to the name and address of the business. One wall-mounted sign, not exceeding 12 square feet, shall be permitted on the building, provided that it complies with Subsection D.
D.
Adult uses shall be set back at least 200 feet from all public rights-of-way
and shall be screened from view by a buffer at least 50 feet wide
consisting of trees and shrubs.
A.
Maintenance of livestock on residential properties. Animals kept
on residential properties, not as part of a farm operation as defined
in this chapter, shall be limited as follows:
(1)
The land area required for keeping large animals shall be one acre,
allocated to the residence, plus one acre per "large livestock unit"
(LLU). One cow, horse, bison, pig, or similar large animal shall be
considered one LLU. The following shall be considered as fractional
LLUs:
(2)
The maintenance of small animals, such as raccoons, mink, rabbits,
birds, snakes, geese, ducks, chickens, monkeys, dogs, cats, etc.,
shall not exceed 10 on a lot of less than two acres or 10 per additional
acre on lots of more than two acres. Pens for such animals shall not
exceed 5,000 square feet or 10% of the lot area, whichever is greater.
These requirements may be modified by the Planning Board by special
permit as provided below.
(3)
All animals shall be kept in secure pens or otherwise be under the
continuous control of their owners to prevent them from straying off
of the property on which they are kept.
(4)
The Planning Board may issue a special permit for maintenance of
animals in greater numbers or larger pens than the maximum set forth
above, provided that the applicant meets all conditions and satisfies
applicable special permit criteria, that the Planning Board finds
that adequate open space and facilities for the proper care of such
animals are available and will be established, and that maintenance
of such animals will not interfere with the reasonable use and enjoyment
of the property of others.
(5)
Buildings, pens, or other structures housing animals shall be located
20 feet from any lot line and 35 feet from any road or highway. No
manure may be stored within 250 feet of any property boundary line
or watercourse.
(6)
In maintaining animals on a property, no person shall knowingly interfere
with the reasonable use and enjoyment of the property of others.
A.
Limitations on solid waste management facilities. Solid waste management
facilities, as defined in Environmental Conservation Law § 27-0701
and 6 NYCRR 360-1.2(b)(158), with the sole exception of municipally
owned and operated facilities, shall be prohibited in the Town of
Amenia.
B.
Standards and enforcement. All industrial uses and municipal solid
waste management facilities shall satisfy the following requirements.
Nonconforming solid waste management facilities shall comply with
these standards to the extent practicable.
(1)
All operations, including loading and unloading, shall occur within
fully enclosed buildings with an impervious floor system. Any leachate
shall be collected in an impervious collection system and hauled off
site for disposal as required by applicable laws. There shall be no
outdoor storage of hazardous materials or of materials regulated under
6 NYCRR Part 360 in a manner that could allow them to become airborne,
leach into the ground, or flow into any watercourse.
(2)
No materials shall be disposed of into the ground, into the air,
or into any watercourse, except pursuant to applicable permits and
approvals issued by state and county health and environmental agencies.
(3)
Procedures shall be in place to inspect all materials upon arrival
at the facility to ensure that they are appropriate to the permitted
operation and to ensure that deliveries of materials that cannot be
safely handled and processed at the facility are not accepted.
(5)
The applicant may be required to furnish an irrevocable letter of credit, certified check, bond, or other form of security guaranteeing to the Town of Amenia compliance with the standards in this Subsection B as well as any other standards, requirements, or conditions of any permit issued by federal, state, county, or local government agencies. The amount of such performance guarantee shall be based upon the potential cost of remediation in case of a violation.
A.
Outdoor storage of junk. See Chapter 82 of the Code of the Town of Amenia for provisions on outdoor storage of junk.
B.
Outdoor storage of personal property.
(1)
Boats, trailers, and seasonal or other recreational vehicles may be stored, maintained, or parked only in side or rear yards, unless vehicular access to such yards is not feasible. Construction equipment and other heavy equipment may not be stored, maintained, or parked in any location visible from adjoining properties or public roads, except for purposes of loading and unloading. The restrictions of this Subsection B shall not apply in the M, HC, and OC Districts.
(2)
Unless authorized by a special permit or site plan approved in connection
with a business use, no commercial vehicle exceeding 10,000 pounds
gross vehicle weight or 20 feet in box length shall be parked overnight
in a residential district where it is visible from adjoining properties
or public roads. The Planning Board may allow larger vehicles by special
permit. This provision shall not apply to trucks used in connection
with commercial agriculture, provided that parked trucks are set back
at least 100 feet from property lines of adjacent landowners.
[Added 7-12-2012 by L.L. No. 3-2012]
A.
Every person owning or having charge or control of any real property
on which there exists a building or structure which is vacant shall
maintain such building or structure in conformance with this section.
B.
ABANDONED PROPERTY
(1)
(2)
(3)
(4)
(5)
(6)
(7)
CODE ENFORCEMENT OFFICIAL
DAYS
EVIDENCE OF VACANCY
FORECLOSURE
MORTGAGEE
NOTICE OF DEFAULT
OWNER
OWNER OF RECORD
PROPERTY
TOWN
VACANT PROPERTY
Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
Any real property located in the Town which contains a building
or structure which is vacant and any one or more of the following
conditions exist:
There are unpaid real property taxes or water and sewer charges
against the property for a period of one year or more.
Junk or debris has accumulated on the property or in the building
or structure on the property.
The building or structure has unsecured openings.
There is evidence of insect, vermin or rodent infestation.
The Code Enforcement Official has determined that the building
or structure has a negative visual impact on the surrounding neighborhood
and/or caused a substantial depreciation in property values in the
immediate neighborhood.
The Code Enforcement Official has determined that the building
or structure contains one or more violations of any state or local
law, ordinance, rule or regulation, and the owner has failed to correct
such violations within six months of the date written notice of such
violation is sent by regular first-class mail from the Code Enforcement
Official to the owner.
The Code Enforcement Official has given written notice of the requirement to register pursuant to § 121-51.1C and the owner has failed to register the property within 30 days of such written notice.
The definition of this term shall be the same as that contained in § 121-74.
Consecutive calendar days.
Any condition that, on its own or combined with other conditions
present, would lead a reasonable person to believe that the property
is vacant. Such conditions may include but not be limited to 1) overgrown
and/or dead vegetation; 2) the accumulation of rubbish, garbage or
debris on the property; 3) statements by neighbors, passersby, delivery
agents or government agents that the property is unoccupied, among
other evidence that the property is vacant.
The legal proceeding by which real property is sold at a
judicial sale to satisfy the debt on a loan secured by such real property.
The creditor, including but not limited to service companies,
lenders in a mortgage agreement and any agent, servant, or employee
of the mortgagee, or any successor in interest and/or assignee of
the mortgagee's rights, interests or obligations under a mortgage
loan agreement.
A written notice that a default has occurred under a mortgage
and that the mortgagee intends to proceed with a foreclosure sale.
Any person, copartnership, association, corporation, entity,
or fiduciary having a legal or equitable title or any interest in
real property.
The person having title to the property according to the
records of the Dutchess County Clerk.
Any improved residential real property, or portion thereof,
situated in the Town of Amenia, and includes all the buildings or
structures located on the property.
The Town of Amenia.
Any property that is not legally occupied.
C.
Registration. Whenever the Code Enforcement Official provides written
notice to the owner of record, by registered or certified mail, of
the existence of a vacant property, the owner of record shall, within
10 days of such notice, register said vacant property with the Town
Building Department. This registration must be renewed every six months
that the property remains vacant. The Town Board, by resolution, shall
establish a fee schedule for the registering of such vacant property.
D.
Form. The registration shall be submitted on forms provided by the
Building Department and shall include the following information supplied
by the owner or the mortgagee if the mortgagee has served a notice
of default:
(1)
A description of the property, including the street address,
the number and type of buildings or structures on the property and
the Dutchess County tax parcel number.
(2)
The names and addresses of the owner or owners and the name
and address of the mortgagee.
(3)
If the owner does not reside in Dutchess County, the name and
address of any third party with whom the owner has entered into a
contract or agreement for property management.
(4)
The names and addresses of all known lienholders and all other
parties with an ownership interest in the property.
(5)
A telephone number where a responsible party can be reached
at all times during business and nonbusiness hours.
E.
Vacant property plan. At the time a vacant property is registered as required above, the owner or mortgagee shall submit to the Town Building Department a vacant property plan and obtain a vacant property permit pursuant to § 121-51.1I. The vacant property plan shall include the following information:
(1)
The length of time the owner, or mortgagee, expects the vacancy
to continue.
(2)
The proposed rehabilitation or improvement to be made to the
property so as to make the property suitable for its last use of record.
(3)
A form on which the owner, or mortgagee, grants permission to
the Code Enforcement Official to enter and inspect the property.
(4)
A description of what will be done to secure the property and
any buildings or structures thereon from becoming open to the general
public.
F.
Failure to file a vacant property plan and/or register. Should the owner or the mortgagee fail to 1) register the vacant property, 2) submit a vacant property plan or 3) comply with such vacant property plan after it has been submitted and approved by the Building Department, the property shall be deemed to be an abandoned property pursuant to § 121-51.1K, and the owner, or the mortgagee, shall be in violation of this section and subject to the violations and enforcement provisions contained in § 121-57.
G.
Maintenance of vacant property. All vacant property shall at all
times be properly maintained. Vacant property shall be considered
properly maintained if all of the following conditions are satisfied:
(1)
All doors and windows and other openings of the buildings or
structures on the property are weathertight and secured against entry
by the general public as well as animals; and
(2)
All roof and roof flashings on the buildings or structures on
the property shall be sound and tight such that no rain will penetrate
the buildings or structures and appropriate drainage will be provided
so as to prevent deterioration of the interior walls or other interior
portions of the buildings or structures; and
(3)
The property must be maintained in good repair, free from rubbish,
garbage, and other debris, and all buildings or structures thereon
must be structurally sound; and
(4)
Structural members of the building shall be capable of bearing
both live and dead loads, and the foundation walls likewise shall
be capable of supporting an appropriate load; and
(5)
The exterior of the buildings or structures shall be free of
loose or rotten materials as well as holes. Any exposed metal, wood
or other surface shall be protected from the elements by appropriate
weather-coating materials (paint or similar treatment); and
(6)
Any balconies, canopies, signs, metal awnings, stairways, fire
escapes or other overhanging extensions shall be in good repair and
appropriately anchored. The exposed metal and wood surface of such
overhanging extensions shall also be protected from the elements against
rust or decay by appropriate application of paint or similar weather
coating; and
(7)
Any accessories or appurtenant structures, including but not
limited to garages, sheds and other storage facilities, shall meet
the same standards as those for buildings or structures contained
in this section; and
(8)
All bushes, trees and grass must be neatly trimmed and an unobstructed
view of the front of the house from the public roadway shall be maintained;
and
(9)
The maintenance requirements contained in § 1307 of
the New York Real Property Actions and Proceedings Law shall be complied
with.
I.
Vacant property permit. The Code Enforcement Official will issue a vacant property permit upon being satisfied that the property is properly registered pursuant to § 121-51.1C and properly maintained pursuant to § 121-51.1G. This permit shall be valid for a period of six months, at the end of which the inspection process must again be carried out by the Code Enforcement Official.
J.
Mortgagee's requirement to register. Any mortgagee who holds a mortgage on real property located within the Town shall perform an inspection of the property which provides the security for the mortgage, upon default by the mortgagor, within 10 days of the issuance of a notice of default. If the property is found by the mortgagee to be vacant or to exhibit any evidence of vacancy, it shall be deemed an abandoned property, and the mortgagee shall, within 10 days of the inspection, register the property in accordance with § 121-51.1C above, submit a vacant property plan in accordance with § 121-51.1E above and obtain a vacant property permit in accordance with § 121-51.1I above.
(1)
If the property is occupied but remains in default, it shall
be inspected by the mortgagee or the mortgagee's designee on a monthly
basis until:
(a)
The mortgagor or other party remedies the default; or
(b)
The mortgagee discovers the property is vacant or exhibits evidence of vacancy, at which time it will be deemed an abandoned property, and the mortgagee shall, within 10 days of the inspection which results in the discovery of vacancy or evidence of vacancy, register the property in accordance with § 121-51.1C above, submit a vacant property plan in accordance with § 121-51.1E above and obtain a vacant property permit in accordance with § 121-51.1I above.
K.
Certification of abandonment. Upon the Code Enforcement Official
or his/her designee determining that a property is an abandoned property,
he/she shall cause a certification of abandonment to be filed with
the Building Department, and such certification of abandonment shall
be served upon the owner of the property, and the mortgagee if the
mortgagee has served the owner with a notice of default, either personally
or by posting a copy of the certification of abandonment in a conspicuous
place on the property and by mailing a copy by registered or certified
mail to the owner's (owners') last known address and to the address
of the mortgagee.
(1)
Upon the Code Enforcement Official filing a certification of abandonment, the Code Enforcement Official may, without further notice to the owner, take necessary steps to ensure the property and/or any structures thereon are properly maintained pursuant to § 121-51.1G. The owner, or the mortgagee if the mortgagee has served the owner with a notice of default, shall be responsible for any costs incurred by the Town under this section, and the Town shall be entitled to recover such costs from an owner or mortgagee by any means authorized by law.
(2)
The owner of an abandoned property may petition the Building
Department to remove the certification of abandonment by providing
proof to the Code Enforcement Official that the basis of the Certificate
of Abandonment no longer exists and the owner is in compliance with
this section.
L.
Establishment of list. The Code Enforcement Official is hereby directed
to compile and maintain a list of all abandoned properties.
In addition to generally applicable special permit and site
plan review requirements, the applicant shall comply with the following:
A.
Supervision. Every residential care facility shall provide qualified
supervisory personnel on the premises 24 hours a day, seven days a
week. Such personnel shall have sufficient education and experience
and shall be present in sufficient numbers to meet all standards of
any agency responsible for the licensing or regulation of the residential
care facility. Where no standards exist, the applicant shall present
evidence establishing the minimum qualifications and number of personnel
necessary for the operation of the residential care facility, and
the Planning Board shall specifically establish minimum standards.
B.
Other required approvals. An applicant for a residential care facility
shall demonstrate compliance with all applicable regulations, standards,
and licensing requirements of public or private agencies.
C.
Required information for application. An application for a special permit for a residential care facility shall satisfy the submission requirements of Article IX and shall also include the following:
(1)
A list of all agencies which must license or otherwise approve the
establishment of operation of the facility.
(2)
A list of regulations established by the public or private agencies listed in Subsection C(1) above.
(3)
Copies of applications submitted to the agencies.
(4)
A written statement explaining the status of such applications stating
any facts known to the applicant which might result in the denial
or delay of any required approval.
(5)
A written statement addressing the requirements of Subsection A above and demonstrating that the facility will comply with applicable regulations of licensing agencies and state law relating to minimum required floor area, bathroom facilities, and open space.
(6)
A map identifying the location of all other residential care facilities
in the Town of Amenia at the time of the special permit application.
D.
Findings. In making its determination upon a special permit for a residential care facility, the Planning Board shall, in addition to making the findings required by § 121-63, make the following specific findings:
(1)
That the proposed facility, given its unique nature, will not have
a substantial or undue adverse effect upon adjacent property, the
character of the neighborhood, parking, utility facilities, and other
matters affecting public health, safety, and general welfare.
(2)
That the proposed facility will be provided with or have ready access
to facilities and services necessary and appropriate to the needs
of its residents for active and passive recreation, medical care,
education, cultural and religious activities, and public transportation.
(3)
That the proposed facility will not generate a level of traffic which
would be burdensome to the neighborhood, considering the number of
visitors its residents may expect, truck delivery and loading requirements,
and the availability and nature of public or private transportation.
(4)
That the proposed facility will not result in an undue concentration
of residential care facilities in the Town of Amenia or in the neighborhood
of the proposed facility. This requirement shall not apply within
the MCO Overlay District.
(5)
That the decision made by the Planning Board represents a reasonable
accommodation to the needs of persons protected under the Federal
Fair Housing Act, if applicable.
[Added 11-20-2019 by L.L.
No. 2-2019]
A.
Purpose. Because it is in the public interest to provide for and encourage renewable energy systems and a sustainable quality of life, the purpose of this section is to facilitate the development and operation of renewable energy systems based on solar energy. Solar energy systems are therefore permitted as an accessory use in zoning districts as indicated in the Use Table included at the end of this chapter and subject to any Overlay District Regulations set forth in Article IV. However, measures must be taken, as provided in this chapter, to minimize adverse impacts on neighboring properties; to protect the environment, including agricultural soils, vegetation, and tree cover; and to protect the general public health, safety and welfare.
B.
Applicability.
(1)
This section shall apply to all solar energy systems installed
after its effective date. Modifications to an existing solar energy
system or changes to the solar panel type (e.g., photovoltaic to solar
thermal) shall be subject to this section to insure compliance with
standards set forth in the New York State Uniform Code, the National
Fire Protection Association (NFPA) and the National Electric Code
(NEC), including all safety standards applicable to structural integrity
and fire access.
(2)
Solar energy systems for which a valid building permit or certificate
of completion or occupancy has been issued prior to the effective
date of this section are not subject to the requirements of this section
but shall be maintained in good working order and are subject to the
New York State Uniform Code[1] and other applicable laws, rules and regulations.
(3)
Any solar energy system that produces 25 MW or more shall be
regulated under Article 10 of the New York State Public Service Law.
C.
BUILDING-INTEGRATED PHOTOVOLTAIC PRODUCT (BIPV)
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM
GROUND-MOUNTED SYSTEM
LEGALLY PERMITTED STRUCTURES
ROOF-MOUNTED SYSTEM
SOLAR CANOPY
SOLAR ENERGY EQUIPMENT
SOLAR ENERGY SYSTEM
SOLAR FIELD SYSTEM
SOLAR PANEL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A building product that incorporates photovoltaic modules
and functions as a component of the building envelope, which includes
photovoltaic siding, photovoltaic canopies and awnings, photovoltaic
shingles and other photovoltaic roof coverings.
A solar energy system that uses building integrated photovoltaic
products.
A solar energy system that is anchored to the ground and attached to a pole, frame or similar mounting system, detached from any other structure. Ground-mounted solar energy systems, where the surface area of the solar panels measures less than 50% of the footprint of the primary structure are permitted as accessory structures as set forth in Subsection H, Ground-mounted systems.
Legally permitted structures are principal and accessory structures permitted under the current Zoning Code for which a certificate of occupancy or a certificate of compliance has been issued and structures created before building permits were required or that otherwise do not require a certificate of occupancy or certificate of compliance. Per § 121-27 of the Zoning Code, alteration of these structures may require site plan approval from the Planning Board. The Zoning/Code Enforcement Officer shall determine the requirement for site plan approval and the subsequent issuance of a certificate of occupancy or certificate of compliance.
A photovoltaic panel system installed on or above the roof
covering of a legally permitted structure. Roof-mounted systems are
comprised of photovoltaic panels that are either fixed and flush-mounted
parallel to the roof, or rack-supported systems that may be articulated
and tiltedr a combination of the two. A roof-mounted photovoltaic
system does not include building-integrated photovoltaic products
like photovoltaic roof coverings.
An elevated structure that incorporates rooftop solar panels,
leaving the land underneath useable for other purposes such as a parking
lot. These structures provide shade, protection from the elements
and energy production. Solar canopies are regulated as building-integrated
photovoltaic systems.
Energy storage devices, material, hardware, or electrical
equipment and conduit associated with the production of electrical
energy, not including solar panels.
An electrical generating system composed of a combination
of both solar panels and solar energy equipment that produces electricity
for on-site and/or off-site consumption.
Solar field systems are ground-mounted solar energy systems where the surface area of the solar panels are greater than 50% of the footprint of the primary structure. A ground-mounted solar energy system that is the only use or structure on a lot is considered a solar field system. Solar field systems are principal uses and regulated as set forth in Subsection I, Solar field systems.
A device capable of collecting and converting solar energy
into electrical or solar thermal energy.
D.
Safety requirements.
(1)
All solar energy systems shall comply with the New York State
Uniform Fire Prevention and Building Code and the New York State Energy
Conservation Construction Code established pursuant to New York Executive
Law § 381(2) ("NYS Uniform Code") to insure compliance with
all safety standards, including fire access.
(2)
In the event that the New York Uniform Code contains more restrictive
regulations covering solar energy systems than those noted in this
subsection and the regulations conflict, then the NYS Uniform Code
regulations shall prevail.
E.
Installation requirements for all solar energy systems.
(1)
A building permit shall be required for the installation of
all solar energy systems.
(2)
All solar energy system installations must be performed in accordance
with applicable electrical and building codes, the manufacturer's
installation requirements, and industry standards. Prior to operation,
the electrical connections must be inspected by the Zoning/Code Enforcement
Officer and by an appropriate electrical inspection person or agency,
as approved by the Town, funding for which shall be paid for by the
applicant. Letters of inspection must be provided to the Zoning/Code
Enforcement Officer prior to the issuance of a certificate of occupancy,
certificate of compliance or building permit. In addition, any connection
to the public utility grid must be inspected by the appropriate public
utility and documentation certifying this inspection must be provided
to the Zoning/Code Enforcement Office prior to the issuance of a certificate
of occupancy, certificate of compliance or building permit.
(3)
Infrastructure required for the installation of any solar energy
system, including all solar panels, integrated monitoring systems,
performance measuring equipment, batteries and any screening, must
be contained within the boundary lines of the property owner and outside
of any utility/public right-of-way.
(4)
Infrastructure required, by the utility, for utility interconnection
located in the utility/public right-of-way and upgrades to an existing
overhead utility service drop is permitted.
(5)
When solar storage batteries are included as part of the solar
energy system, they must be placed in a secure container or enclosure
meeting the requirements of the New York State Uniform Code when in
use and when no longer used shall be disposed of in accordance with
the laws and regulations of Dutchess County and other applicable laws
and regulations.
(6)
All warning signs, equipment markings and installations of solar
energy systems shall be in accordance with the New York State Uniform
Code, the National Electric Code (NEC) and the National Fire Protection
Association (NFPA).
F.
Building-integrated photovoltaic (BIPV) systems.
(1)
BIPV systems integrated into existing buildings and structures are permitted accessory uses in zoning districts as indicated in the Use Table included at the end of this chapter and subject to any overlay district regulations set forth in Article IV.
(2)
BIPV systems integrated into newbuildings and structures, are
subject to site plan or special permit approval in accordance with
the underlying zoning and overlay district regulations.
G.
Roof-mounted systems. Roof-mounted solar energy systems (RMSES) are permitted as an accessory use in zoning districts as indicated in the Use Table included at the end of this chapter, and subject to any overlay district regulations set forth in Article IV, when attached to a legally permitted structure, as defined herein and subject to the requirements set forth in this section.
(1)
Height: RMSES shall not exceed maximum height restrictions within the underlying zoning district and zoning overlay district and shall comply with the exceptions defined in § 121-30E(2).
(2)
Setback: Where RMSES are proposed for a principal or accessory
structure that does not meet the setback requirement of the underlying
zoning district and zoning overlay district, an application shall
be made to the Zoning Board of Appeals for an area variance for the
noncompliance to ensure there is no adverse impact to neighboring
properties.
(3)
RMSES installations shall incorporate the following design requirements:
(a)
Marking of electrical equipment and installations of solar energy
systems shall be in accordance with the New York State Uniform Code,
the National Electric Code (NEC), National Fire Protection Association
(NFPA) and all other applicable Codes.
(b)
Roof-mounted solar panels shall be mounted where the maximum
distance between the roof and the highest edge of any panel does not
exceed 12 inches.
(c)
Solar panels affixed to a flat roof shall be placed below the
line of sight from a public right of way. If topography makes this
requirement impractical then the Zoning/Code Enforcement Officer shall
make the determination relating to the enforcement of this provision
when reviewing the New York State unified residential solar photovoltaic
permit application and all the required materials submitted therewith.
(d)
All solar panels shall be constructed of a dark-colored (usually
blue or black material) and designed with an anti-reflective coating.
(e)
All stormwater runoff shall be managed on the subject property
as required by the New York State Department of Environmental Conservation.
(4)
The applicant, prior to the installation of any RMSES, shall
complete and provide to the Zoning/Code Enforcement Officer for review,
approval and issuance of a building permit, the following:
(a)
The New York State unified residential solar photovoltaic permit
application.
(b)
All associated required documents, including specifications
and construction documents referenced in the above application; and
(c)
Payment of all required fees, including the application fee
which shall be set by Town Board resolution.
H.
Ground-mounted systems. Ground-mounted solar energy systems (GMSES) are permitted as an accessory structure in zoning districts as indicated in the Use Table included at the end of this chapter and subject to any overlay district regulations set forth in Article IV. Installations of GMSES will be treated as accessory structures to legally permitted structures, subject to the requirements set forth in this section. It is the strong preference of the Town of Amenia that the installation of GMSES not require the removal of mature trees or forests. Therefore, where practicable, GMSES shall be located on portions of properties that are currently free of trees.
(1)
Setback: GMSES are subject to setback requirements of the underlying
zoning district, provided, however, that in zoning districts, and
zoning overlay districts, which have a minimum lot size of five acres,
a minimum setback of 100 feet from any property line is required.
(2)
Height: GMSES are restricted to a height of 12 feet from the
ground under the solar panel to the highest point of the solar panel
or racking structure whichever is greater.
(3)
Lot coverage: The total surface area of GMSES shall be included
in lot coverage calculations and impervious coverage calculations.
Lot coverage for GMSES shall comply with maximum impervious surface
coverage of the underlying zoning district and zoning overlay district
as set forth in the Dimensional Table included at the end of this
chapter.
(4)
Screening: Any GMSES visible during leaf-off conditions, when
viewed from the edge of an applicants property line shall be screened
from adjacent properties and public rights-of-way by fencing; a landscape
buffer, such as evergreen or deciduous plantings; or a combination
thereof to minimize visual impact from the system to either public
roads or neighboring properties. The screening shall be maintained
at all times and shall be replaced as soon as practicable if damaged
or destroyed for any reason. The Planning Board has the authority
to take the physical characteristics of the site into consideration
as it relates to view-shed and screening requirements.
(5)
Verification of utility notification: Each applicant shall submit
a copy of their application to the public electrical utility. Foreseeable
infrastructure upgrades shall be documented and submitted, and all
materials shall be submitted to the Planning Board concurrent with
application materials for site plan approval. All materials shall
be subject to approval by the Planning Board. No building permit will
be issued for a GMSES until such time as the electrical utility has
verified its approval. Off-grid systems and systems designed to produce
energy only for the site it is installed on, are exempt from this
requirement.
(6)
GMSES shall be placed in such a way to balance the benefit to
the property owner with adverse impacts to neighboring properties.
The Planning Board has authority to increase the setback requirements
where there is an adverse impact to neighboring properties.
(7)
All GMSES in residential and commercial districts shall be installed
in the side yard or rear yard.
(8)
The application to the Town of Amenia Planning Board for site plan approval shall include all items set forth in § 121-65B of the Town of Amenia Zoning Code and the New York State unified residential solar photovoltaic permit application. All applications shall also include plans, acceptable to the consulting engineer for the Planning Board, showing the layout of the solar energy system. All equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems and inverters that are to be installed.
I.
Solar field systems. Due to the potential for negative impacts to neighborhood character and to other environmental resources, solar field systems are strictly prohibited in all residential zoning districts in the Town. Solar field systems will be permitted, subject to special permit and site plan approval by the Planning Board, in the following zoning districts: Highway Commercial (HC), Office Commercial (OC), Industrial Manufacturing (IM) and Mixed-Use Institutional Conversion Overlay District (MCO). It is the strong preference of the Town of Amenia that the installation of solar field systems do not require the removal of mature trees and forests. Therefore, where practicable, solar field system equipment shall be located on portions of properties that are currently free of trees. Only in such circumstances where there is no practical alternative to clearing mature trees and forests, shall the Town of Amenia consider siting for solar field systems. Solar field systems must also comply with all regulations as set forth in Article IV of the Town of Amenia Code and shall also be subject to the following requirements:
(1)
Setback:
(a)
Solar field systems shall adhere to the setback requirements
of the underlying zoning district and zoning overlay district. Additional
restrictions and setback requirements may be imposed during the Planning
Board site plan and special permit approval process at the sole discretion
of the Planning Board. The Planning Board may take into consideration
where the solar field system is located such as adjacent to the Historical
Preservation Overlay (HPO) District and the Scenic Preservation Overlay
(SPO) District.
(2)
Height:
(a)
The maximum height for solar field systems shall not exceed
12 feet in height above the ground measured from the ground under
the solar panel to the highest point of the solar panel or racking
system, whichever is greater.
(4)
Lot coverage:
(a)
Solar field systems shall be subject to lot coverage and maximum
impervious surface coverage regulations in all districts where permitted.
(5)
Fencing:
(6)
Screening:
(a)
All solar field systems shall be screened with a perimeter landscape
buffer, consisting of a combination of evergreen or deciduous plantings,
in a manner to minimize the visual impact of the solar field system
upon neighboring properties, public roads and public areas. The Planning
Board has the authority to take the physical characteristics of the
site into consideration as it relates to view-shed and screening requirements.
(b)
The screening shall be maintained at all times and shall be
replaced as soon as practicable if damaged or destroyed for any reason.
(7)
Tree removal plan:
(a)
A tree removal plan is required and must include an inventory
of existing trees, showing type, location, size and condition. The
inventory shall include specimen and protected trees, trees or groupings
of trees deemed significant.
(b)
For each tree proposed to be removed, another tree must be planted
either on the same site, same property or at another designated location
at the discretion of the Planning Board.
(8)
Stormwater pollution prevention control plan (SWPPP):
(a)
A SWPPP shall be required for a solar field with one acre or
more of soil disturbance. The SWPPP shall be prepared in accordance
with Department of Environmental Conservation regulations and approved
by the Town Engineer.
(9)
Property operation and maintenance plan:
(a)
A property operation and maintenance plan is required, describing
continuing photovoltaic maintenance and property upkeep, such as mowing,
trimming, fence inspection and any needed repairs, etc.
(10)
Design standards:
(a)
Ground cover under and between the rows of solar panels shall
be low-maintenance, drought-resistant natural flora.
(b)
Any new roadways within the site shall be constructed of pervious
materials and shall be designed to minimize the extent of roadway,
construction and soil compaction.
(c)
All on-site utility and transmission lines, shall, to the extent
feasible, be placed underground.
(d)
All solar panels shall be constructed of a material designed
to minimize glare and designed and located in order to prevent reflective
glare toward any inhabited building, adjacent properties or public
roads in such a manner as to balance the amount of glare with the
optimal performance of the solar panel.
(e)
All mechanical equipment of solar field systems, including any
structure for batteries or storage cells, shall be completely enclosed
by a minimum six-foot-high fence with a self-locking gate and provided
with landscape screening in accordance with the landscaping provisions
of this chapter.
(11)
Signs:
(a)
Warning signs with the owners contact information shall be placed
on the entrance and perimeter of the fencing.
(b)
A sign not to exceed eight square feet shall be attached to
the fence adjacent to the main access gate and shall list the facility
name, owner and phone number.
(c)
A clearly visible warning sign must be placed at the base of
all pad-mounted transformers and substations clearly marked "Danger"
and list voltages present.
(12)
Abandonment:
(a)
All applications for solar field systems shall be accompanied
by a decommissioning plan to be implemented upon abandonment, or cessation
of activity, or in conjunction with removal of the structure.
(b)
The decommissioning plan must ensure the site will be restored
to a useful, nonhazardous condition without delay, and must include
at a minimum, the following:
[1]
Equipment dismantling and removal plan including,
removal of aboveground and below-ground equipment structures and foundation.
[2]
Measures to be taken to mitigate environmental
effects during decommissioning.
[3]
A site restoration plan, including:
[4]
A procedure for management and disposal of materials
and waste.
[5]
An accounting of all anticipated costs associated
with decommissioning.
[6]
A decommissioning fund. Prior to issuance of a
building permit, the owner or operator of the facility or structure
shall post a performance bond or other suitable guarantee in a face
amount of not less than 150% of the estimated decommissioning cost,
or other approved method of addressing the solar system's end of life,
as determined by the Town Engineer, to ensure removal of the solar
energy system or facility or structure in accordance with the decommissioning
plan described below. The form and amount of the guarantee must be
reviewed and approved by the Town Board in conjunction with the Town
Engineer and Town Attorney. The guarantee must remain in effect until
the system is removed. Review of the guarantee by the Town Engineer
and/or Town Attorney shall be paid from an escrow established by the
applicant.
[7]
Prior to removal of a solar energy system production
facility or structure, a demolition permit for removal activities
shall be obtained from the Town.
[8]
The Planning Board, in its sole discretion, may
require the applicant and the property owner to execute documents
necessary to effectuate the decommissioning plan, including any license
agreements to enter the property or documentation for releasing funds
from the decommission funds to cover the costs of any Town led decommissioning.
(c)
If the applicant ceases operation of the solar field system
for a period of 12 months, the Town Board may notify the owner and/or
operator to implement the decommissioning plan. The decommissioning
plan must be completed within 180 days of notification from the Town.
(d)
In the event that construction of the solar field system has
not been completed and functioning within 12 months of the issuance
of the final site plan approval and issuance of a special permit,
the Zoning/Code Enforcement Officer will notify the operator and require
that construction and installation of the facility be completed within
180 days of notice. If the owner and/or operator fails to perform,
the Town Board may notify the owner and/or operator to implement the
decommissioning plan. The decommissioning plan must be completed within
180 days of notification by the Town.
(e)
If the owner and/or operator fails to fully implement the decommissioning
plan within 180 days of receiving notice from the Town Board, and
fails to fully restore the site as required, the Town Board may draw
from the decommissioning fund to provide for the restoration of the
site in accordance with the decommissioning plan and in accordance
with the law. The Town Board may recover all expenses incurred for
such activities from the defaulted owner and/or operator. Any cost
incurred by the Town shall be assessed against the property, shall
become a lien and tax upon said property, shall be added to and become
a part of the taxes to be levied and assessed thereon, and enforced
and collected with interest by the same officer and in the same manner
as other taxes.
(13)
In addition to the above restrictions, the following requirements
shall apply:
(a)
Verification of utility notification.
[1]
The applicant shall submit a copy of the electrical
utility's application with initial application materials submitted
to the Planning Board. Required utility infrastructure upgrades shall
be documented and submitted and shall be deemed part of the site plan
approval required by the Planning Board. No building permit will be
issued until such time that the electrical utility has verified its
approval. Utility equipment in the right-of-way is exempt from this
provision. A solar field system to be connected to the utility grid
shall provide to the Planning Board a proof of concept letter from
the local utility company acknowledging the solar field system will
be interconnected to the utility grid in order to sell electricity
to the public utility entity.
(b)
The applicant shall submit the name, address, and contact information
of the applicant, property owner(s), and agent submitting the proposed
project.
(c)
If the property of the proposed project is to be leased, legal
consent between all parties, specifying the use(s) of the land for
the duration of the projects, including easements and other agreements,
shall be submitted.
(d)
Site plan approval and a special permit issued by the Planning
Board are required. All required applications materials for site plan
and special permit shall be submitted to the Planning Board.
(e)
Plans of the solar installation showing the layout of the system,
which are acceptable to the engineering consultant to the Planning
Board shall be submitted.
(f)
The equipment specification sheets shall be documented and submitted
for all photovoltaic panels, significant components, mounting systems,
and inverters that are to be installed.
J.
Solar energy systems on farm operations in certified agricultural
districts.
(1)
No solar energy systems may be installed on a farm operation
in a certified agricultural district without the issuance of a building
permit as required by the Uniform Code.
(2)
Roof-mounted solar energy systems are permitted accessory uses
on farm operations in certified agricultural districts subject to
the issuance of a building permit as required by the Uniform Code.
(3)
Ground-mounted solar energy systems that are considered to be
on farm equipment in accordance with the guidance of the NYS Department
of Agriculture and Markets are permitted with a limited site plan
review. For purposes of this review the applicant shall provide:
(a)
Copies of any plans, drawings and specifications of the ground-mounted
solar energy system required by the Uniform Code;
(b)
Sketch plan on an approved site survey completed by a licensed
surveyor of the parcel showing boundaries and dimensions of the parcel
of land involved and identifying contiguous properties and any known
easements or rights-of-way and roadways, and zoning district and zoning
overlay district boundaries. Show the existing features of the site
including land and water areas, wetlands and regulated wetland buffers,
special flood hazard areas and the approximate location of all existing
structures on or immediately adjacent to the site. Show the proposed
location of the GMSES as well as any access roadways and utility connections;
(c)
The Planning Board, as part of its limited site plan review,
shall consider the location, siting, screening, tree removal/clearing,
neighborhood or view-shed impacts, stormwater run-off and other environmental
impacts. In addition, the Planning Board shall consider a tree removal
plan for the subject lot, a visual impact assessment, the location
of residences on all adjoining properties and stormwater pollution
prevention control plans (SWPPP). Negative environmental impacts,
including clearing of existing trees, shall be avoided, to the extent
possible, in the siting.
(d)
Authorization of the owner if the applicant is not the owner
of the property; and
(e)
Application form and fee.
(4)
Ground-mounted solar energy systems on farms that generate annual total amounts of electrical energy that exceed the annual electrical needs of the farm by 110% are not "on farm equipment" and are considered solar field systems to be regulated under Subsection I above.
(5)
Solar energy systems in certified agricultural districts should
be located in such a manner to minimize impacts to the most productive
agricultural soils on the property.
