In addition to all relevant provisions of other local, state
and federal laws, no use shall be established, maintained, altered,
moved, expanded or continued unless said use complies to the maximum
extent practicable with the following standards:
A.
Noise. No noise shall exceed intensity, as measured from the boundaries
of the lot on which such use is situated, which exceeds levels normally
associated with activities allowed within the applicable zoning district.
In determining acceptable noise levels, the Planning Board shall rely
on local and county regulation, as well as criteria established by
the U.S. Federal Highway Administration, the U.S. Environmental Protection
Agency and the U.S. Department of Housing and Urban Development.
B.
Atmospheric effluence. No unreasonable dust, dirt, smoke, noxious
odor or noxious gases shall be disseminated beyond the boundaries
of the lot on which such use is located.
C.
Heat. No unreasonable heat shall be produced that is perceptible
beyond the boundaries of the lot on which such use is situated.
D.
Industrial wastes. No solid or liquid wastes shall be discharged
into any public sewer, private sewage disposal system, stream, or
on or into the ground, unless in strict accordance with the standards
approved by the Dutchess County Department of Health or other duly
empowered agency.
E.
Radioactivity or electromagnetic disturbance. No activities shall
be permitted which emit dangerous radioactivity beyond the building
in which such activity is located or electrical disturbance adversely
affecting the operation of any equipment other than that of the creator
of such disturbance.
F.
Fire and explosion hazards. All activities involving, and all storage
of, flammable and explosive materials shall be provided with adequate
safety devices against the hazard of fire and explosion and with adequate
fire-fighting and fire-suppression equipment and devices standard
in the industry. All burning of such waste materials in open fires
is prohibited.
G.
Vibration. No vibration shall be produced which is transmitted through
the ground and is discernible without the aid of instruments at or
beyond the lot line; nor shall any vibration produced exceed 0.002
g peak at up to 50 cps frequency, measured at or beyond the lot line
using either seismic or electronic vibration-measuring equipment.
Vibrations associated with construction activities may exceed these
measurements only where the Planning Board has authorized said exceedances
in conjunction with special use, site plan and/or subdivision plan
approval and only in accordance with a blasting protocol approved
by same.
I.
Underground storage tanks. The installation, construction, or placement
of new underground storage tanks or containers of 1,100 gallons or
less for petroleum products, including their pipelines, or underground
storage tanks, pipelines, or containers for any other toxic chemical
is prohibited in connection with all uses, including home fuel storage
tanks for residential purposes. This subsection is intended to be
consistent with the requirements of the New York State Petroleum Bulk
Storage Code found in 6 NYCRR 613, which regulates storage tanks holding
1,100 gallons or more.[2]
J.
Mining material restriction. The importation, processing and/or stockpiling
of materials from off-site sources, including but not limited to other
mining operations within or outside of the Town of Pine Plains, shall
be prohibited unless said activities are associated with bona fide
construction activities on site conducted in accordance with an approved
building permit, site plan, subdivision plan or special use permit.
The Town of Pine Plains is a designated Greenway Compact Community.
During review of any subdivision, site plan, special permit, zone
amendment or petition or use variance application, the reviewing agency
shall consider an application's consistency with the principles set
forth in "Greenway Connections" in its decisionmaking process.
A.
General. All areas of a lot not left in a natural state and not developed
with buildings, driveways, or other impervious surfaces shall be maintained
continuously in a dust-free condition by installing suitable landscaping,
including trees, shrubs, grass or other ground cover, or by providing
a stable pervious surface such as gravel, crushed rock or similar
material. Yards shall be landscaped and maintained in a manner consistent
with the general character of the neighborhood in which the property
is situated. Landscape treatments shall minimize soil erosion and
stormwater runoff, and provide necessary screening as set forth herein.
B.
Landscaping standards. The Planning Board may require submission
of a landscape plan in conjunction with any site plan or special use
permit application. The following standards shall be met:
(1)
Landscaping shall be appropriate to the project and the natural vegetative
cover shall be preserved to the maximum extent practicable. All landscaping
plans shall be prepared by a landscape architect or other NYS-licensed
qualified professional.
(2)
A landscape plan shall include plant selection suitable to the conditions
of the site. Plant specimens native to the region are to be used wherever
possible.
(3)
Within the area of proposed disturbance, the location of trees with
a diameter of 12 inches or greater measured at chest height (dbh)
shall be indicated on the plan. The tree specimen and its conditions
shall be noted on the plan. Healthy trees of twelve-inch dbh shall
be preserved to the maximum extent practicable.
(4)
Construction practice and planting specifications should follow ANSI
Z60.1, American Standards for Nursery Stock.
(5)
Natural vegetation shall be preserved by appropriate construction
practices and site layout.
(6)
All planting shown on an approved plan shall be maintained throughout
the duration of the use, and plants not so maintained shall be replaced
in accordance with the specifications of the approved plan.
C.
Screening.
[Amended 5-21-2015 by L.L. No. 2-2015]
(1)
As a condition of site plan or special use permit approval, the Planning
Board may require that a screen be established to minimize views of
facilities, buildings, and parking areas associated with nonresidential
uses from adjoining residences or the public right-of-way.
(3)
Method of screening.
(a)
Plant materials shall be no less than four feet in height when planted and shall be spaced to form a continuous, solid screen at maturity. Plant materials shall be spaced at distances no greater than 10 feet on center. Screening surrounding dumpsters shall be in accordance with § 275-19H of this chapter.[2]
(b)
A wall, fence (finished side out), or earthen berm may be substituted
for, or required in conjunction with, planting materials. The Planning
Board shall establish conditions on the location, height, and design
of same.
D.
Modifications. Where existing topography or vegetation warrant exceptions
to the strict application of standards in this section, the Planning
Board may modify the planting or screening requirements set forth
in this section.
A.
Purpose and applicability.
(1)
It
is the purpose of this section to minimize light pollution in the
Town of Pine Plains by:
(a)
Using fixtures with optical controls that distribute light in
the most effective and efficient manner;
(b)
Using shielded outdoor light fixtures where required and wherever
feasible;
(c)
Assuring that the light generated by outdoor fixtures does not
extend beyond the property line of the property from which it emanates
at levels exceeding the requirements of this section; and
(d)
Requiring that certain outdoor fixtures be extinguished during
nighttime hours as shall be determined by the Planning Board during
site plan, special use permit, and subdivision plan review.
(2)
This section shall not apply to single-family detached dwellings.
B.
Lighting plan. The Planning Board may require submission of a lighting
plan and supporting data as part of any site plan, special use permit
or subdivision plan application. Said plan and data shall illustrate
proposed fixture locations, lighting levels measured in footcandles,
illustrations of proposed fixtures, glare-control devices, lamps,
mounting heights, and a description of hours of operation and proposed
maintenance. The Planning Board may require illumination intensities
to be plotted on a ten-foot-by-ten-foot grid.
C.
Standards. Lighting shall conform to the following standards:
(1)
All lighting, including sign lighting, shall be designed and arranged
so as to minimize glare and reflection on adjacent properties.
(2)
The style of the light, light standard, pole and fixture shall be
consistent with the architectural style of the building and its surroundings.
(3)
Pole-mounted lighting located within any existing or proposed public
right-of-way within a Hamlet District shall be Halophane Granville
Series Postlite, with rib and band hinged lunar optic top and cross
finial, mounted on a Wadsworth series tapered fluted post or approved
equal.
(4)
The maximum height of a light fixture shall not exceed 20 feet.
(5)
The source of the light shall be fully shielded with full ninety-degree
cut-off luminaires or located such that it shall not be visible beyond
the property boundary on which it is situated.
(6)
All outdoor lighting shall be of such type and location to provide
a minimum illumination of one footcandle in publicly accessible areas
and shall be shielded so as prevent the source of the light from being
a visual nuisance to any adjoining residential property.
(7)
Illumination from light fixtures shall not exceed 0.1 footcandle
on adjacent residential property, or 0.5 footcandle on adjacent business
property, as measured along the shared property boundary.
(8)
The Planning Board, as a condition of any approval, may impose limits
on the hours of operation. To effectuate this objective, the Planning
Board may require that lights be controlled by automatic timing devices.
The Planning Board shall consider the need to provide security in
determining the hours of operation.
(9)
Light control shall be accomplished primarily through the proper
selection and layout of lighting fixtures. The installation of landscaping,
fences, walls or similar screening devices may also be considered
by the Planning Board.
(10)
Mercury vapor lights and quartz lamps are prohibited light sources.
(11)
Luminance and uniformity. Light levels shall be designed not
to exceed the latest recommended levels for outdoor lighting set by
the Illuminating Engineering Society of North America (IESNA) for
the type of activity/area being lighted, except light levels for ATM
machines shall be in accordance with the New York State ATM Safety
Act.[1] Where no standard is available from the IESNA, the applicable
standard shall be determined taking into account the levels for the
closest IESNA activity.
[1]
Editor's Note: See Banking Law Article 2-AA, § 75-A
et seq.
All requirements, procedures, and standards of Chapter 160, Flood Damage Prevention, of the Town Code shall be met for all areas identified by the Federal Emergency Management Agency on Flood Insurance Rate Maps.
A.
Any building permit application that proposes activities that would
disturb any area regulated by the U.S. Army Corps of Engineers or
the New York State Department of Environmental Conservation (NYSDEC)
as freshwater wetlands shall comply with Article 24 and Title 23 of
Article 71 of the Environmental Conservation Law and/or the federal
Section 404 law. Freshwater wetland boundaries shall be flagged and
verified by the NYSDEC or the U.S. Army Corps of Engineers.
B.
Any wetland boundary, and in the case of NYSDEC wetlands, a one-hundred-foot
regulated area, shall be illustrated on any site plan or subdivision
plan. For NYSDEC-regulated wetlands, the plan showing the wetland
boundary shall bear the signature of a DEC officer who has approved
such field flagging.
C.
No building permit shall be issued for any disturbance requiring
a permit prior to issuance of said permit by the NYSDEC or the U.S.
Army Corps of Engineers.
Any activity requiring site plan, special use permit, or subdivision
plan approval that is proposed within 100 feet of a stream or its
banks shall be reviewed and approved by the Planning Board. No alteration,
whether by excavation, filling, grading, clearing, draining or similar
disturbance, shall be made that will negatively impact a stream. The
Planning Board, in its discretion, and based on a consideration of
the extent and type of disturbance to the stream and/or the adjoining
one-hundred-foot regulated area, may require submission of analyses
to determine how said disturbances affect the water level and flow,
recharge, drainage patterns, water quality, and aquatic ecosystems
associated with said stream. The Planning Board shall ensure that
any activity is conducted in a manner that minimizes potential environmental
impacts to the stream. Where the applicant must obtain a stream disturbance
or discharge permit from the NYSDEC, Planning Board approval shall
be conditioned on the agency's approval.
A.
Findings.
(1)
Land development activities and associated increases in site impervious
cover often alter the hydrologic response of local watersheds and
increase stormwater runoff rates and volumes, flooding, stream channel
erosion, or sediment transport and deposition;
(2)
Stormwater runoff contributes to increased quantities of water-borne
pollutants, including siltation of aquatic habitat for fish and other
desirable species;
(3)
Clearing and grading during construction may increase soil erosion
and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat;
(4)
Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff, thereby increasing
stream bank erosion and sedimentation;
(5)
Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream base flow;
(6)
Substantial economic losses can result from these adverse impacts
on the waters of the municipality;
(7)
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from land development activities;
(8)
The regulation of stormwater runoff discharges from land development
activities in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion, stream channel erosion, and
nonpoint source pollution associated with stormwater runoff is in
the public interest and will minimize threats to public health and
safety; and
(9)
Regulation of land development activities by means of performance
standards governing stormwater management and site design will produce
development compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse impacts
of erosion and sedimentation from development.
B.
Purposes. The purpose of this section is to establish minimum stormwater management practices to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction, to protect water quality, maintain habitat, and prevent stream bank and lakeshore erosion in the Town's water resources, and to address the findings of Subsection A hereof. This section seeks to meet those purposes by achieving the following objectives:
(1)
Require land development activities to conform to the substantive
requirements of the NYS Department of Environmental Conservation State
Pollutant Discharge Elimination System (SPDES) General Permit for
Construction Activities GP-0-08-001 or as amended or revised;
(2)
Minimize increases in stormwater runoff from land development activities
in order to reduce flooding, siltation, increases in stream temperature,
and stream bank erosion and maintain the integrity of stream channels;
(3)
Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality;
(4)
Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable; and
(5)
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint
source pollution, wherever possible, through stormwater management
practices and to ensure that these management practices are properly
maintained and eliminate threats to public safety.
C.
Applicability.
(1)
This section shall be applicable to all commercial development projects
proposing equal to or greater than one acre of disturbance and all
residential development projects proposing equal to or greater than
five acres of disturbance. This section shall also be applicable to
all projects that are proposed to be constructed in phases.
(2)
The municipality shall designate the Zoning Enforcement Officer to
accept all erosion and sediment control plans (E&SC) and stormwater
pollution prevention plans (SWPPP) and shall forward such plans to
the Town Engineer. The Town Engineer may review the plans, specifications
and related documents at a cost not to exceed a fee schedule established
by the Town Board, and may accept the certification of a licensed
professional that the plans conform to the requirements of this section.
(3)
Any site plan, subdivision, or special use permit application resulting
in a disturbance of greater than one acre shall be reviewed and approved
by the Planning Board subject to the standards set forth in this section.
(4)
Activities not subject to review as stated in section C(3) shall
be required to submit a SWPPP to the Zoning Enforcement Officer, who
shall approve the SWPPP if it complies with the requirements of this
section.
D.
Exemptions. The following activities are exempt from review under
this section:
(1)
Agricultural uses.
(2)
Forestry activity, except that landing areas and log haul roads are
subject to this section.
(3)
Routine maintenance activities that disturb fewer than five acres
and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
(4)
Repairs to any stormwater management practice or facility deemed
necessary by the Zoning Enforcement Officer and/or the Town Engineer.
(5)
Cemetery graves.
(6)
Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles.
(7)
Emergency activity immediately necessary to protect life, property
or natural resources.
(8)
Activities of an individual engaging in home gardening by growing
flowers, vegetables and other plants primarily for use by that person
and his or her family.
(9)
Landscaping and horticultural activities in connection with an existing
structure.
E.
Stormwater pollution prevention plan.
(1)
Stormwater pollution prevention plan required. No application shall
be deemed complete until the Planning Board or Zoning Enforcement
Officer has received a stormwater pollution prevention plan (SWPPP)
prepared in accordance with the specifications below.
(2)
Contents of stormwater pollution prevention plan. All SWPPPs shall
provide the following, unless waived by the Planning Board or Zoning
Enforcement Officer:
(a)
Information regarding the scope of the project, including location,
type and size;
(b)
Site map/construction drawing(s) for the project, including
a general location map. At a minimum, the site map should show the
total site area; all improvements; areas of disturbance; areas that
will not be disturbed; existing vegetation; on-site and adjacent off-site
surface water(s); wetlands and drainage patterns that could be affected
by the construction activity; existing and final slopes; locations
of off-site material, waste, borrow or equipment storage areas; location(s)
of the stormwater discharge(s) at a scale no smaller than one inch
equals 100 feet;
(c)
Description of the soil(s) present at the site;
(d)
Construction phasing plan describing the intended sequence of
construction activities, including clearing and grubbing, excavation
and grading, utility and infrastructure installation and any other
activity at the site that results in soil disturbance. Consistent
with the New York Standards and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP;
(e)
Description of the measures that will be used to control litter,
construction chemicals and construction debris from becoming a pollutant
source in stormwater runoff;
(f)
Description of construction and waste materials expected to
be stored on-site with updates as appropriate, and a description of
controls to reduce pollutants from these materials, including storage
practices to minimize exposure of the materials to stormwater, and
spill prevention and response;
(g)
Temporary and permanent structural and vegetative measures to
be used for soil stabilization, runoff control and sediment control
for each stage of the project, from initial land clearing and grubbing
to project close-out;
(h)
A site map/construction drawing(s) specifying the location(s),
size(s) and length(s) of each erosion and sediment control practice;
(i)
Dimensions, material specifications and installation details
for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment basins;
(j)
Temporary practices that will be converted to permanent control
measures;
(k)
Implementation schedule for staging temporary erosion and sediment
control practices, including the timing of initial placement and duration
that each practice should remain in place;
(l)
Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice;
(m)
Name and water quality classification of any receiving water;
(n)
Delineation of SWPPP implementation responsibilities for each
part of the site;
(o)
Description of structural practices designed to divert flows
from exposed soils, store flows, or otherwise limit runoff and the
discharge of pollutants from exposed areas of the site to the degree
attainable; and
(p)
Any existing data that describes the stormwater runoff at the
site.
(3)
Additional requirements.
(a)
Activities meeting Condition A, B or C below shall also include
water quantity and water quality controls (post-construction stormwater
runoff controls) as part of the SWPPP submission and as set forth
below:
[1]
Condition A: stormwater runoff from land development activities
discharging a pollutant of concern to either an impaired water body
identified on the New York State Department of Environmental Conservation's
303(d) list of impaired waters or a total maximum daily load (TMDL)
designated watershed for which pollutants in stormwater have been
identified as a source of the impairment.
[2]
Condition B: stormwater runoff from land development activities
disturbing five or more acres.
[3]
Condition C: stormwater runoff from land development activity
disturbing between one acre and five acres of land during the course
of the project, exclusive of the construction of a single-family residence.
(b)
Additional material to be submitted:
[1]
Description of each post-construction stormwater management
practice;
[2]
Site map/construction drawings showing the specific location(s)
and size(s) of each post-construction stormwater management practice;
[3]
Hydrologic and hydraulic analysis for all structural components
of the stormwater management system for the applicable design storms;
[4]
Comparison of post-development stormwater runoff conditions
with pre-development conditions;
[5]
Dimensions, material specifications and installation details
for each post-construction stormwater management practice;
[6]
Maintenance schedule to ensure continuous and effective operation
of each post-construction stormwater management practice;
[7]
Maintenance easements to ensure access to all stormwater management
practices at the site for the purpose of inspection and repair. Easements
shall be recorded on the plan and shall remain in effect with transfer
of title to the property;
[8]
Inspection and maintenance agreement binding on all subsequent
landowners served by the on-site stormwater management measures as
per the requirements of this section.
(4)
Plan certification. The SWPPP shall be prepared by a landscape architect,
certified professional or professional engineer and must be signed
by the preparer, who shall certify that the design of all stormwater
management practices meets the requirements of this section.
(5)
Other environmental permits. The applicant shall assure that all
other applicable environmental permits have been or will be acquired
for the land development activity prior to approval of the final stormwater
design plan.
(6)
Contractor certification.
(a)
Each contractor and subcontractor identified in the SWPPP who
will be involved in soil disturbance and/or stormwater management
practice installation shall sign and date a copy of the following
certification statement before undertaking any land development activity:
"I certify under penalty of law that I understand and agree to comply
with the terms and conditions of the Stormwater Pollution Prevention
Plan. I also understand that it is unlawful for any person to cause
or contribute to a violation of water quality standards."
(b)
The certification must include the name and title of the person
providing the signature, address and telephone number of the contracting
firm; the address (or other identifying description) of the site;
and the date the certification is made.
(c)
The certification statement(s) shall become part of the SWPPP
for the land development activity.
(7)
Copies of SWPPP. A copy of the SWPPP shall be retained at the site
of the land development activity during construction from the date
of initiation of construction activities to the date of final site
stabilization.
F.
Performance and design criteria. Stormwater management practices
that are designed and constructed in accordance with the following
documents and specifications shall be presumed to meet the standards
imposed by this section:
(1)
The New York State Stormwater Management Design Manual (New York
State Department of Environmental Conservation, most current version
or its successor).
(2)
New York Standards and Specifications for Erosion and Sediment Control
(Empire State Chapter of the Soil and Water Conservation Society,
2004, most current version or its successor).
(3)
The Instruction Manual for Stormwater Construction Permit (New York
State Department of Environmental Conservation, most current version
or its successor).
(4)
No land development activity shall cause an increase in turbidity
that will result in substantial visible contrast to natural conditions
in surface waters of the State of New York.
G.
Maintenance and repair of stormwater facilities.
(1)
Maintenance during construction.
(a)
The applicant or developer shall at all times properly operate
and maintain all facilities and systems of treatment and control (and
related appurtenances) which are installed or used to achieve compliance
with the conditions of the SWPPP. Sediment shall be removed from sediment
traps or sediment ponds whenever their design capacity has been reduced
by 50%.
(b)
The applicant or developer or a designated representative shall
be on site at all times when construction or grading activity takes
place and shall inspect and document the effectiveness of all erosion
and sediment control practices. Inspection reports shall be completed
every seven days and within 24 hours of any storm event producing
0.5 inch of precipitation or more. The reports shall be delivered
to the Zoning Enforcement Officer and also copied to the site log
book.
(2)
Maintenance easement. Prior to the issuance of any approval that
has a stormwater management facility as one of the requirements, the
applicant or developer shall execute a maintenance easement agreement
that shall be binding on all subsequent landowners served by the stormwater
management facility. The easement shall provide for access to the
facility at reasonable times for periodic inspection by the Town of
Pine Plains to ensure that the facility is maintained in proper working
condition to meet design standards and any other provisions established
by this section. The easement shall be recorded by the grantor in
the office of the County Clerk after review and approval by the Town
Attorney.
(3)
Maintenance after construction. The owner or operator of permanent
stormwater management practices installed in accordance with this
section shall operate and maintain the stormwater management practices
(SMPs) to achieve the objectives of this section. Proper operation
and maintenance also includes, as a minimum, the following:
(a)
A preventive/corrective maintenance program for all critical
facilities and systems of treatment and control (or related appurtenances)
which are installed or used by the owner or operator to achieve the
objectives set forth herein.
(b)
Written procedures for operation and maintenance and training
new maintenance personnel.
(c)
Discharges from the SMPs shall not exceed design criteria or
cause or contribute to water quality standard violations as set forth
in this section.
(4)
Maintenance agreements. Where a maintenance agreement is required,
the Town of Pine Plains shall approve same, which shall be binding
on all subsequent landowners and recorded in the office of the County
Clerk as a deed restriction on the property prior to any final approval.
The maintenance agreement shall be in a form acceptable to the Town
Attorney. The Town of Pine Plains, in lieu of a maintenance agreement,
at its sole discretion may accept dedication of any existing or future
stormwater management facility, provided such facility meets all the
requirements of this section and includes adequate and perpetual access
and sufficient area, by easement or otherwise, for inspection and
regular maintenance. The agreement shall incorporate the following
requirements:
(a)
The agreement will bind the Town of Pine Plains and the facility
owner, its successors and assigns to the maintenance provisions depicted
in the approved plans, which shall be attached to the agreement.
(b)
The facility owner shall maintain, clean, repair, replace and
continue the stormwater control measures as necessary to ensure performance
of the measures to design specifications. Stormwater control measures
may include, but are not limited to, the following: drainage ditches,
swales, dry wells, infiltrators, drop inlets, pipes, culverts, soil
absorption devices and retention ponds.
(c)
The facility owner shall be responsible for all expenses related
to the maintenance of the stormwater control measures and shall establish
a means for the collection and distribution of expenses among parties
for any commonly owned facilities.
(d)
The facility owner shall provide for the periodic inspection
of the stormwater control measures, not less than once in every five-year
period, to determine the condition and integrity of the measures.
Such inspection shall be performed by a professional engineer licensed
by the State of New York. The inspecting engineer shall prepare and
submit to the Town Engineer, within 30 days of the inspection, a written
report of the findings, including recommendations for those actions
necessary for the continuation of the stormwater control measures.
(e)
The facility owner shall not authorize, undertake or permit
alteration, abandonment, modification or discontinuation of the stormwater
control measures except in accordance with written approval of the
Town Engineer.
(f)
The facility owner shall undertake necessary repairs and replacement
of the stormwater control measures at the direction of the Town Engineer.
(g)
The facility owner shall provide to the Town, within 30 days
of the date of the agreement, a security for the maintenance and continuation
of the stormwater control measures in the form of a bond, letter of
credit or escrow account, based on the recommendations of the Town
Engineer and in a form acceptable to the Town Attorney.
(h)
The agreement shall be recorded in the office of the County
Clerk, County of Dutchess, together with the deed for the common property
and shall be included in the offering plan and/or prospectus approved.
(i)
The agreement shall include a condition that where the Town
Engineer determines that the facility owner has failed to construct
or maintain the stormwater control measures in accordance with approved
plan or has failed to undertake any corrective action, the Town Engineer
is authorized to undertake such steps as reasonably necessary for
the preservation, continuation or maintenance of the stormwater control
measures and to affix the expenses thereof as a lien against the property.
(j)
The agreement shall include a requirement that the landowner
grant to the Town of Pine Plains the right to enter the property at
reasonable times and in a reasonable manner for the purpose of inspection.
H.
Administration and enforcement.
(1)
Erosion and sediment control inspection.
(a)
The Zoning Enforcement Officer may require such inspections
as necessary to determine compliance with this section and may either
approve that portion of the work completed or notify the applicant
wherein the work fails to comply with the requirements of the SWPPP.
The applicant shall notify the Zoning Enforcement officer at least
two working days before any of the following:
[1]
Start of construction.
[2]
Installation of sediment and erosion control measures.
[3]
Completion of site clearing.
[4]
Completion of rough grading.
[5]
Completion of final grading.
[6]
Close of the construction season.
[7]
Completion of final landscaping.
[8]
Successful establishment of landscaping in public areas.
(b)
If any violations are found, the applicant and developer shall
be notified in writing of the nature of the violation and the required
corrective actions. No further work shall be conducted except for
site stabilization until any violations are corrected and all work
previously completed has received approval by the Town Engineer.
(2)
Stormwater management practice inspections. The Town Engineer and/or
Zoning Enforcement Officer is responsible for conducting inspections
of stormwater management practices (SMPs). The Town may retain the
services of a registered professional engineer to conduct inspections,
and prepare related inspection reports at a cost not to exceed a fee
schedule established by the Town Board. All applicants are required
to submit "as built" plans for any stormwater management practices
located on-site after final construction is completed. The plan must
show the final design specifications for all stormwater management
facilities and must be certified by a professional engineer.
(3)
Inspection of stormwater facilities after project completion. Inspection
programs shall be established on any reasonable basis, including,
but not limited to: routine inspections; random inspections; inspections
based upon complaints or other notice of possible violations; inspection
of drainage basins or areas identified as higher-than-typical sources
of sediment or other contaminants or pollutants; inspections of businesses
or industries of a type associated with higher-than-usual discharges
of contaminants or pollutants or with discharges of a type which are
more likely than the typical discharge to cause violations of state
or federal water or sediment quality standards or the SPDES stormwater
permit; and joint inspections with other agencies inspecting under
environmental or safety laws. Inspections may include, but are not
limited to: reviewing maintenance and repair records; sampling discharges,
surface water, groundwater, and material or water in drainage control
facilities; and evaluating the condition of drainage control facilities
and other stormwater management practices.
(4)
Submission of reports. The Town of Pine Plains Zoning Enforcement
Officer may require the submission of monitoring reports to ensure
compliance with this section.
I.
Performance guarantee.
(1)
Construction completion guarantee. In order to ensure the full and
faithful completion of all activities related to compliance with all
conditions set forth by the Town of Pine Plains in its approval of
the SWPPP, the Town may require the applicant or developer to provide,
prior to construction, a performance bond, cash escrow, or irrevocable
letter of credit, in a form acceptable to the Town Attorney, from
an appropriate financial or surety institution which guarantees satisfactory
completion of the project and names the Town of Pine Plains as the
beneficiary. The security shall be in an amount to be determined by
the Town Board based on submission of final design plans, with reference
to actual construction and landscaping costs. The performance guarantee
shall remain in force until the surety is released from liability
by the Town, provided that such period shall not be less than one
year from the date of final acceptance or such other certification
that the facility has been constructed in accordance with the approved
plans and specifications and that a one-year inspection has been conducted
and the facilities have been found to be acceptable to the Zoning
Enforcement Officer.
(2)
Maintenance guarantee. Where stormwater management and erosion and
sediment control facilities are to be operated and maintained by the
developer or by a corporation that owns or manages a commercial or
industrial facility, the developer, prior to construction, may be
required to provide the Town of Pine Plains with an irrevocable letter
of credit from an approved financial institution or surety to ensure
proper operation and maintenance of all stormwater management and
erosion control facilities both during and after construction, and
until the facilities are removed from operation. If the developer
or landowner fails to properly operate and maintain stormwater management
and erosion and sediment control facilities, the Town of Pine Plains
may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs.
(3)
Recordkeeping. The Town of Pine Plains may require entities subject
to this section to maintain records demonstrating compliance with
this section.
J.
Enforcement and penalties.
(1)
Notice of violation. When the Zoning Enforcement Officer determines that an activity is not being carried out in accordance with the requirements of this section, it may issue a written notice of violation, a stop-work order, and abate the violation with fines, penalties, and by withholding a certificate of occupancy pursuant to Article XIV of this Zoning Law.
(2)
Restoration of lands. Any violator may be required to restore land
to its undisturbed condition. In the event that restoration is not
undertaken within a reasonable time after notice, the Town of Pine
Plains may take necessary corrective action, the cost of which shall
become a lien upon the property until paid.
K.
Fees for services. The Town of Pine Plains may require any person
undertaking activities regulated by this section to pay reasonable
costs at prevailing rates for review of SWPPPs, inspections, or SMP
maintenance performed by the Town of Pine Plains or performed by a
third party for the Town of Pine Plains.
A.
Applicability. The design standards for Hamlet Districts shall apply in the H-BUS, H-MS, H-CR, H-R, H-PC and H-B Districts as further described in Appendix A, Subsection D, included as an attachment to this Zoning Law. Design standards applicable to the R and WP Districts are described in Appendix A, Subsection E, included as an attachment to this Zoning Law. The regulations established herein are not intended as a substitute for other district provisions but are additional standards to be met by the applicant or developer for actions described in Subsection B below. If there should be a conflict between the provisions of this section and other provisions of this Zoning Law, the more restrictive shall apply.
B.
Regulated actions. The actions that shall be subject to the design
standards in Appendix A are those that require site plan, subdivision
plan, or special use permit approval by the Town of Pine Plains Planning
Board.
C.
Review procedures.
(1)
No separate application for approval under this section is required.
(2)
In addition to data and plans required to be submitted for subdivision,
site plan approval or special use permit approval, every applicant
shall also submit the additional data or plans necessary to comply
with the guidelines set forth in Appendix A.
(3)
Prior to any approval, the Planning Board shall make a determination
that the proposed action complies with the design standards set forth
in Appendix A to this Zoning Law and set forth such finding in its
resolution of approval. Where the Planning Board determines to waive
any design standards, the Planning Board shall note the reason for
said waiver in written findings.
D.
Findings by the Planning Board.
(1)
During its review of an application for site plan, subdivision plan or special use permit approval, the Planning Board shall consider the design standards in addition to other applicable standards and requirements of this Chapter 275, Zoning.
(2)
To assist in the review of applications subject to these design standards,
the Planning Board may solicit assistance from design professionals,
including but not limited to the services of a professional architect,
landscape architect or planner, at the applicant's expense.
(3)
Following complete and thorough review of all documentation, the
Planning Board shall, in addition to all other required actions, make
a determination that the proposed action complies, subject to certain
modifications, or does not comply with these design standards. If
it is determined that a proposed action does not comply with the design
standards, the Planning Board shall set forth the basis for such determination
and shall deny the application.
(4)
The Planning Board is authorized to consider and approve additional
variations to the design standards, at the request of the applicant,
if it determines that the proposed variations are due to specific
unique circumstances of the applicant's property, are particularly
innovative and of extremely high-quality design, will contribute to
the aesthetic character of the surrounding area and will further the
objectives of the design standards.
(5)
If the Planning Board finds that one or more alternatives subject
to special conditions are appropriate for approval, it shall set forth
the basis for such a determination, including the specific measures
which shall be required as a condition of approval.
(6)
Approvals, determinations and conditions rendered under this section
shall have the same effect and shall be administered and enforced
in the same manner as any other approvals, determinations or conditions
rendered by the Planning Board regarding the site plan, subdivision,
or special use permit for which approval has been sought.
