A.
In all cases where this chapter requires authorization and approval
of plans by the Planning Board, no building permit shall be issued
by the Building Inspector except upon authorization of, and in conformity
with the plans approved by, the Planning Board. All uses other than
one-family detached dwellings and agricultural uses shall require
site plan approval by the Planning Board.
B.
Pre-submission conference. Site plan applications may, at the discretion
of the Code Enforcement staff and the Planning Board, have an optional
pre-submission conference.
(1)
The purpose of such conference shall be to give both the Town and
the applicant an opportunity to gain a better perspective on the ramifications
of the proposal. This conference does not constitute a formal submission
of an application. The applicant may prepare a sketch plan and narrative
description of the project and provide copies as requested by Code
Enforcement staff and members of the Planning Board prior to the presubmission
conference.
(2)
The Code Enforcement staff and members of the Planning Board may
provide project direction and feedback on the sketch plan to the applicant,
based on the professional expertise of Code Enforcement staff and
members of the Planning Board, the Town's current planning documents
and the design guidelines and other requirements of this chapter.
C.
Change of use or conversion.
(1)
In cases of changes of use of an existing use or structure to a use permitted in the district, the Planning Board is hereby authorized to waive all or part of the requirements of Subsection D and § 250-57 where the Board determines the same are not applicable under the facts and circumstances of a particular application.
(2)
In cases of a change of use of an existing structure or use to a conditional use, the Planning Board may waive all or part of the requirements of § 250-57 where they do not apply, or their requirement would not provide the Planning Board with additional information necessary to make a judgment on the specific use.
(3)
A change of ownership of a given use in and of itself shall not constitute
a change of use for the purpose of these regulations, so long as there
is no change in the use itself.
D.
Public hearings. The Planning Board shall, except as provided herein and above, fix a time for the conduct of a public hearing on the matter of a site plan application within 62 days from the date the application is received. The Planning Board shall mail notice of said hearing to the applicant at least 10 days prior to the hearing. Public notice of said hearing shall be printed in the official newspaper of the Town at least five days prior to the date thereof. The Planning Board shall decide upon the application within 62 days after the conclusion of the final hearing. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board. The decision of the Board on the application after conclusion of the public hearing shall be filed in the office of the Town Clerk within five business days after the day such decision is rendered, and a copy thereof mailed to the applicant. Notification of other municipalities and agencies shall be made in accordance with § 274-a of Town Law and §§ 239-l and 239-m of General Municipal Law and as spelled out in § 250-82B below for variances. Notification of property owners shall be in accordance with § 283-a of the Town Law in regard to farm operations in agricultural districts.
E.
The Planning Board may, at its sole discretion, engage the services
of such experts and/or consultants, including but not limited to engineers
or other analysts, as it determines shall be required in order to
properly evaluate a site plan application pursuant to this chapter.
The costs for such expert consultation shall be limited to that necessary
for proper consideration of said application, and shall be paid for
by the applicant.
F.
The Town Board of the Town of Mount Hope shall be responsible for
appointing an attorney or attorneys to represent the Planning Board
and to make all appropriations necessary for the attorney.
Submitted applications shall include a description of all proposed
uses, a State Environmental Quality Review (SEQRA) short or long environmental
assessment form, as determined by the Planning Board, and a site plan.
The site plan shall show the subject lot and all structures on adjacent
properties within 100 feet of the lot lines of subject lot, plans
and elevations of all proposed outdoor signs, floor plans and plans
for exterior alterations of all existing and proposed structures and
any other such building plans and elevations as the Planning Board
may require. Site plans shall indicate the following:
A.
Location of all existing and proposed structures and outdoor signs.
B.
Location of all uses not requiring a structure.
C.
Location of driveways, parking and loading areas with the number
of stalls provided therewith.
D.
Existing and proposed storm drainage facilities.
E.
Location of buffer strips and screening where necessary.
F.
Where the applicant wishes to develop in stages, a site plan indicating
ultimate development shall be presented for approval.
G.
In the case of uses requiring approval of the New York State Department
of Health, the approval of said Department.
H.
Names of all other agencies whose approval is needed for the proposed
use.
I.
All easements, restrictions, covenants and other matters of record
affecting the subject premises shall also be shown on the plan. Written
copies of said restrictions shall be provided, if requested.
J.
All farm operations in accordance with the New York State Agriculture
and Markets Law within 500 feet of the property.
K.
All existing or proposed wells and septic systems.
L.
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Article XII of this chapter shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article XII of this chapter. The approved site plan shall be consistent with the provisions of Article XII of this chapter.
In authorizing any use, the Planning Board shall take into consideration
the public health, safety and general welfare, and comfort and convenience
of the public in general and of the residents of the immediate neighborhood
in particular, and may attach reasonable conditions and safeguards
as a precondition to its approval. The Board shall consider the special
conditions set forth for any use requiring Planning Board authorization
and the following general objectives:
A.
That all proposed structures, equipment or material shall be readily
accessible for fire and police protection.
B.
That the proposed use shall be of such location, size and character
that, in general, it will be in harmony with the appropriate and orderly
development of the district in which it is proposed to be situated
and will not be detrimental to the orderly development of adjacent
properties in accordance with the zoning classification of such properties.
C.
That, in addition to the above, in the case of any use located in,
or directly adjacent to, a residential district:
(1)
The location and size of such use, the nature and intensity of operations
involved in or conducted in connection therewith, its site layout
and its relation to access streets shall be such that both pedestrian
and vehicular traffic to and from the use and the assembly of persons
in connection therein will not be hazardous or inconvenient to, or
incongruous with, said residential district or conflict with the normal
traffic of the neighborhood; and
(2)
The location and height of buildings, the location, nature and height
of walls and fences, and the nature and extent of landscaping on the
site shall be such that the use will not hinder or discourage the
appropriate development and use of adjacent land and buildings or
impair the value thereof.
In approving the plans for a particular use, the Planning Board
shall give specific consideration to the design of the following:
A.
Traffic access. That all proposed traffic accessways are adequate
but not excessive in number; adequate in width, grade, alignment and
visibility; not located too near street corners or other places of
public assembly; and other similar safety considerations.
B.
Circulation and parking. That adequate off-street parking and loading
spaces are provided to prevent parking in public streets of vehicles
of any persons connected with or visiting the use and that the interior
circulation system is adequate to provide safe accessibility to all
required off-street parking.
C.
Landscaping and screening. That all playground, parking and service
areas are reasonably screened at all seasons of the year from the
view of adjacent residential lots and streets and that the general
landscaping of the site is in character with that generally prevailing
in the neighborhood. Preservation of existing trees over 12 inches
in diameter to the maximum extent possible shall be provided.
D.
Character and appearance. That the character and appearance of the
proposed use, buildings, and/or outdoor signs shall be in general
harmony with the character and appearance of the surrounding neighborhood
and that of the Town of Mount Hope and will not adversely affect the
general welfare of the inhabitants of the Town of Mount Hope. Such
considerations shall not include the architectural period or style
of any proposed building.
On application, and after public notice and hearing, the Planning Board may authorize the issuance of special permits for conditional uses. All applications for special permits and/or conditional use require site plan approval. In authorizing the issuance of special permits, the Board shall take into consideration the public health, safety and welfare and shall prescribe appropriate conditions and safeguards to insure the accomplishments of the objectives of site plan approval as described in § 250-58 above and of this chapter and the conditions peculiar to the specific use proposed as found in § 250-61 below.
A.
In authorizing the issuance of a special permit, it shall be the
duty of the Board to attach such conditions and safeguards as may
be required in order that the result of its action may, to the maximum
extent possible, further the general objectives of this chapter.
B.
The Board may require that special permits be periodically renewed.
Such renewal shall be granted following due public notice and meeting,
and the Planning Board shall conduct a public hearing. The Planning
Board, in determining whether to grant renewal of such special permits,
shall determine the same following receipt of a report of the Building
Inspector as to whether such conditions have been complied with as
may have been previously issued and/or prescribed by the Board in
conjunction with the issuance of the original permit. In the event
such conditions have not or are not being complied with, a period
of 60 days shall be granted the applicant for full compliance prior
to the revocation of the permit.
C.
All conditional uses shall require site plan approval in addition to special permit for conditional use. The procedure for a special permit for a conditional use shall be identical to and may be made simultaneous with the procedure, notifications and hearings for site plan approval as defined in §§ 250-56 and 250-57 above.
A.
Accessory apartments. A special permit may be granted by the Building
Department to permit accessory apartments. It is the specific purpose
and intent of this provision to provide the opportunity for the development
of small, rental dwelling units designed, in particular, to meet the
special housing needs of single persons and couples of low and moderate
income, both young and old, and of relatives of families presently
living in the Town. Furthermore, it is the purpose and intent of this
section to allow the more efficient use of the Town's existing stock
of dwellings to provide economic support for present resident families
of limited income, to protect and preserve property values and to
maintain the single family character of the residential districts
of the Town of Mount Hope without the over-utilization of the land.
[Amended 2-3-2020 by L.L.
No. 2-2020]
(1)
To help achieve the vision and goals of the Town's Comprehensive
Plan, a special permit is required to create a single apartment within
a one-family dwelling, subject to the following provisions:
(a)
Owner occupancy required. The owner(s) of the one-family lot
upon which the accessory apartment is located shall occupy at least
one of the dwelling units on the premises.
(b)
Only one apartment is allowed, and it shall be clearly subordinate
to the one-family dwelling.
(c)
The number of bedrooms in the apartment shall not be more than
two.
(d)
The floor area of the apartment shall be greater than 400 square
feet.
(e)
The floor area devoted to the apartment shall not exceed 35%
of the entire floor area of the one-family dwelling.
(f)
The apartment and one-family dwelling must have safe and proper
means of entrance, clearly marked for the purpose of emergency services.
(g)
If the water supply is from a private source, the applicant
shall certify that the water supply is potable and of adequate flow.
The applicant shall furnish an engineer's report and obtain certification
of well and septic adequacy from the Orange County Health Department.
Failure to correct promptly any water quality problems shall result
in the revocation of the special permit.
(h)
The applicant shall maintain a proper sewage disposal system
adequate for the two dwelling units. The applicant shall furnish an
engineer's report and obtain certification of well and septic adequacy
from the Orange County Health Department. Failure to correct promptly
any sewage system problem shall result in revocation of the special
permit.
(i)
Stairways leading to any floor or story above the first floor
shall be located within the walls of the building wherever practicable.
Stairways and fire escapes shall be located on the rear wall in preference
to either side wall. In no instance shall an exterior stairway or
fire escape be located on any wall fronting on a street.
(j)
Off-street parking shall be in accordance with § 250-15 and shall be on the parcel on which the accessory apartment is located.
(k)
Continued compliance with all of these regulations is required.
Failure to do so will result in a revocation of the special permit.
(2)
A special permit is required to create an apartment which requires an addition to a one-family dwelling. If an addition is requested, it must comply with provisions in § 250-61A(1) above as well as the following:
(3)
A special permit is required to create a detached accessory apartment
in gatehouses, garages, barns or similar accessory structures, subject
to the following provisions:
(a)
No new construction shall be permitted to enlarge existing accessory
buildings in order to accommodate apartments unless they conform to
zoning density requirements.
(b)
Construction associated with adaptation of buildings should
be performed in a way that retains the character of the structure.
The design and construction of the adaptation of the building must
be compatible with the parent structure.
(d)
The number of dwelling units permitted on the lot shall not
exceed that which is normally permitted in the zone, except for structures
which are in existence at the time of the adoption of this amendment.
(e)
Accessory apartments are prohibited in accessory buildings when
an accessory apartment already exists within the one-family residence.
(4)
A special permit is required for preexisting accessory apartments,
subject to the following provisions:
(a)
Owners of accessory apartments in existence as of the effective
date of this section shall have 12 months from the date of enactment
to apply for a special permit for an accessory apartment and to meet
the requirements of this section wherever practicable.
(b)
Any such property owner who is not in the process of or completed
meeting these requirements within the required 12 months shall be
found in violation if the apartment is occupied.
(5)
Term of permit.
(a)
The special permit shall be issued to the owners of the property.
Should there be a change in ownership or a change in the residence
of the owner, the special permit and the certificate of occupancy
for the accessory apartment shall become null and void. Thereafter,
should the new owner decide to live in the structure and desire to
continue the use of the accessory apartment, within 90 days of the
change of ownership, he or she shall apply to the Planning Board for
a special permit. Should the new owner decide not to live in the structure
or desire not to continue the use of the accessory apartment, the
tenant shall have 90 days to relocate, the owner shall remove the
kitchen of the accessory apartment within 60 days after the tenant
leaves and the premises shall revert to a single-dwelling unit.
(b)
The special permit shall remain valid so long as the applicable
provisions of this section are complied with. Failure to do so will
result in a revocation of the special permit.
C.
Boardinghouse/bed-and-breakfast residence.
(1)
Boardinghouse. Renting of rooms by a resident family in the dwelling
for rooming or boarding purposes only, for the accommodation of not
more than two persons per dwelling.
(2)
Bed-and-breakfast residence. Accessory to a resident single-family
detached dwelling, renting of up to four bedrooms of the dwelling
for transient purposes (not more than 14 consecutive days), with food
service limited to those renting rooms.
(3)
Such uses shall not alter the character and appearance of the structure
as a single-family residence. Sufficient parking of one space per
rental room with full turnaround (in addition to the residence requirement)
shall be provided for rental rooms, with provision of adequate water
supply and sanitary facilities.
D.
Campgrounds. Campgrounds are regulated by the Town Board of the Town
of Mount Hope as described below in order to provide municipal supervision
for the public welfare and benefit in relation to construction, maintenance,
sanitary facilities and general orderliness and conduct of such campgrounds.[1]
(1)
Regulations.
(a)
Each campground shall be provided with safe and convenient access
for the ingress and egress of traffic from the public highway.
(b)
All service roads shall be constructed at a minimum width of
12 feet for one-way and 20 feet for two-way traffic, to permit safe
and convenient movement of traffic and shall be maintained in a proper
state of repair.
(c)
All campsites shall be set back at least 100 feet from any public
road and 100 feet from an adjoining property line.
(d)
Suitable parking for campers shall be provided which does not
interfere with access and service road traffic.
(e)
Campsites in a campground shall not exceed an average of 20
campsites per acre inclusive of service roads, toilet buildings, other
buildings and recreation and service facilities.
(f)
Each campsite, including parking space, shall provide a minimum
of 1,500 square feet of space per tent site and 2,500 square feet
of space for travel trailer and/or recreational vehicle site.
(g)
Each campsite shall be well-drained and laid out in such a manner
as to provide sufficient open and graded space for the accommodation
of camping units and shall provide parking space for an automobile
which will not interfere with the convenient and safe movement of
traffic.
(h)
Consistent with these requirements, trees for the provision
of shade shall be disturbed as little as possible, and, whenever practicable,
trees, underbrush, large rocks and other natural features should be
left intact at the edges of the adjoining campsites to insure privacy.
Natural vegetative cover shall also be retained, protected and maintained
within the campground wherever possible so as to facilitate drainage,
prevent erosion or gullying and preserve the scenic attributes of
the area.
(i)
Occupancy.
[1]
Occupancy, other than by the owner/caretaker, of the campground
between December 15 and March 15 by the same person or persons shall
not be permitted to exceed 15 days.
[2]
Occupancy of any campsite shall not be permitted to be used
for the purpose of establishing residency, for example; withholding
taxes, voting, schooling, licenses, etc.; and under no circumstances
shall the occupancy of any campsite by an individual or any individuals
in any form of permitted temporary, movable, or portable shelter be
used as a home for any children while they are attending regular school
sessions.
[3]
During the period of November 1 through April 1, unoccupied
camping units and equipment shall not be permitted to remain on any
campsite if the camping units are unoccupied for more than seven days.
[4]
Between December 15 and March 15, unoccupied camping units shall
not be permitted to remain on any campsite.
[5]
Any unoccupied camping units and equipment must be stored at
a designated storage area on the campground.
(j)
Fireplaces, if provided, shall be located in a safe and convenient
location where they will not constitute a fire hazard to vegetation,
undergrowth, trees and camping units.
(k)
An adequate supply of potable water shall be provided within
200 feet of all campsites. One water spigot with soakage pit or other
disposal facilities shall be provided for each 10 campsites without
water facilities capable of providing a minimum of 500 gallons of
water per day at a minimum pressure of 20 pounds per square inch.
Where spigots and sewer hookups are provided at each site, a minimum
volume of 150 gallons of water per site per day at a minimum pressure
of 20 pounds per square inch shall be provided.
(l)
Only water from a source approved by the local Board of Health
shall be provided at a campground. Individual point or driven wells,
dug wells, springs, and other sources of supply may be used if approved
by the Orange County Department of Health. Such source of supply shall
be properly located, constructed and maintained to avoid contamination
of the water therefrom.
(m)
Toilets and urinals shall be provided at one or more locations
in every campground and shall be convenient for access. Separate toilet
facilities shall be provided for males and females and shall be clearly
marked. Each toilet shall be in a separate compartment and a door
shall be provided for privacy. Toilets and urinals shall be maintained
in a clean condition.
(n)
The owner of a campground shall provide for the collection of
refuse and garbage daily and shall also conveniently locate refuse
containers at each campsite. Refuse containers shall be cleaned and
maintained as often as may be necessary to promote a wholesome and
nonodorous condition to prevent the breeding of insects.
(o)
The owner of a campground shall adopt control measures for insect,
rodent and weed control and shall keep the campgrounds free of refuse,
stagnant water areas, and other articles which may provide temporary
breeding places for insects and rodents.
(p)
No owner of a campground shall cause or permit any discontinuance
or unnecessary interruption of any services, facilities, equipment
or utilities on the campground.
(q)
Every campground shall be under the supervision of the owner
or caretaker to maintain order and to insure compliance with the regulations
herein.
(r)
Every camper, during the period of his occupancy of any campsite,
shall be responsible for the conduct of the members of his party and
shall be responsible for the maintenance of his campsite in clean
and wholesome conditions, shall see that his campsite is not littered
with debris and refuse, shall maintain all pets under control so as
not to create a public health or noise menace, shall not leave a dog
unleashed and unattended at a campsite, shall not leave fires unattended
at a campsite, and shall not permit undue noise at any time.
(s)
Whenever a camper has terminated his stay at a campground, he
shall not leave the campsite without clearing the same of litter and
debris and leaving it in a clean and wholesome condition. All fires
shall be extinguished and all possessions of the camper and his party
removed.
(t)
Each camper, upon arriving at a campground, shall register,
leaving his name, address, car registration, and number of persons
in his party with the owner or caretaker of said campground.
(u)
It shall be the responsibility of the owner of the campground
to maintain accurate records for the dates campers check in and check
out, campsites assigned, etc. The owner of the campground will provide
documentation concerning compliance with this chapter with respect
to camping to the Town Clerk's office as requested.
(v)
Sanitary facilities.
[1]
Every campground shall have a minimum of three toilets for male
persons, and a minimum of three toilets for female persons. If there
be over 20 campsites in a campground there shall be an additional
toilet for both male and female persons for every 10 campsites. In
no case shall toilets be located more than 300 feet from any campsite
or 500 feet from sites with water and sewer hookups. Urinals shall
be provided. Up to 1/2 the male toilets may be urinals.
[2]
If drinking fountains are provided, they shall be constructed
of impervious material and have an angle jet with a nozzle above the
overflow rim of the bowl. The nozzle shall be protected by a nonoxidizing
guard. The bowl shall be of easily cleanable design and be equipped
with a strainer.
[3]
If showers are provided, there shall be separate showers for
males and females clearly marked. Shower stalls and dressing compartments
shall be maintained in clean condition. Showers must be served with
hot and cold or tempered water between 90° F. and 110° F.
and be available at a ratio of two showers for each 50 sites for each
sex.
[4]
If a holding tank emptying station for camping vehicles is provided,
each station shall be convenient for access, shall be at least 50
feet from any campsite, and shall be equipped with means of flushing
the camping vehicle holding tank. Such station shall be posted to
warn against unreasonable access.
[5]
Lavatories or other hand-washing facilities shall be provided
at a ratio of one for each 15 sites (minimum of two for each sex).
Utility sinks shall be provided. The sinks shall be near the door
if located within a building where they can be utilized for the disposal
of dishwater brought in buckets.
[6]
At least one toilet, lavatory and shower for each sex; at least
one water fountain and access to utility and recreation areas and
building shall be so construed as to accommodate the physically handicapped.
(2)
Permits.
(a)
No person shall construct, expand and/or operate a campground
without a permit.
(b)
Any person desiring to construct, expand and/or operate a campground
shall make application therefor in writing to the Town Board. Such
application shall include:
[1]
The applicant's full name, residence, post office address and
whether the applicant is an individual, firm or corporation.
[2]
If a partnership, the names and addresses of the officers of
the corporation.
[3]
A diagrammatic sketch plan of the proposed campground or expansion
showing the location, dimensions of the area, proposed service roads,
campsites, water supplies, sanitary conveniences, sewage disposal
facilities, storage areas, and auxiliary buildings.
[4]
Distances from adjoining public highways and adjoining owners.
[5]
Approval of the Board of Health shall be attached in relation
to sanitary and sewage disposal facilities.
(c)
The Town Board, upon approval of such application, shall authorize
the Town Clerk to issue a permit, and such permit shall be conspicuously
posted on the campground premises.
(d)
A fee for an initial permit is hereby fixed in the sum of $250
and shall be valid from the date of its issuance until the last day
of the year of issuance, and shall be renewed annually. The renewal
fee shall be $75 per annum.
(3)
Inspection. The Town Police, Building Inspector or the Town Board
or any of its representatives or designated agents shall be granted
access to the area of such campground at all reasonable hours to inspect
the same for compliance herewith.
(4)
Revocation and suspension of permits.
(a)
A permit may be revoked by the Town Board after a public hearing
thereon at which the licensee shall have an opportunity to be heard.
(b)
Upon complaint filed with the Town Board in writing or upon
the Town Board's own initiative, a permit may be suspended or revoked
for a violation of this chapter or for failure to conform to any rules
and regulations of the Department of Health, or any other state or
local agency.
E.
Conversion of an existing one-family detached dwelling to a two-family
detached dwelling structure, provided that all of the following criteria
are met by the applicant and structure.
(1)
Such dwelling contains at least 1,000 square feet of habitable floor
area as defined in the New York State Building Code for the first
dwelling plus at least 600 square feet of similar area for the second
dwelling.
(2)
In order to be eligible for conversion, the original structure shall
have been constructed no later than 1960. Evidence of age satisfactory
to the Planning Board shall be submitted along with the application.
(3)
Direct egress to the exterior of the structure must be provided for
each unit.
(5)
No office or retail or service commercial uses shall be permitted
within the structure.
(6)
The front yard and side yard facing a street shall be properly landscaped
prior to the issuance of a certificate of occupancy, or a cash performance
bond to insure completion of said landscaping may be required to be
posted with the Town Board in an amount to be determined by the Planning
Board at its discretion and upon the advice of the Town Engineer.
(7)
The structure's final appearance shall be in keeping with the character
of the immediate neighborhood within 300 feet of the side and front
lot lines. Only one entrance shall be permitted for each facade of
the structure per floor or story.
(8)
Each dwelling unit shall contain its own separate and private bathroom
and kitchen facilities wholly within each dwelling unit.
(9)
Each structure proposed for conversion shall have one dwelling unit
occupied by the property owner, and said property owner shall have
been a resident of the premises for at least four consecutive years
preceding the application for conversion. Should the owner have a
place of permanent residence other than the premises for a period
of more than six consecutive months, the conditional use shall become
null and void and the premises shall revert to its original permitted
use which existed immediately prior to the issuance of a permit.
(10)
The location of the existing well and septic system shall be
shown on the site plan. Expansion of the septic system and/or a new
well may be required if there is evidence that their capacity is not
adequate for the units proposed, based upon current engineering and
health standards of the Town, county or state. A professional engineer
shall certify that the existing septic system is adequate for both
units or that modification is needed.
(11)
A new owner shall apply for a new permit for an existing accessory
apartment within two months of taking of title to the property. Such
application shall be made directly to the Building Inspector. The
Building Inspector shall issue said permit, if after inspection the
premises are in the condition approved in the original application,
and the application was made within two months of the initial ownership.
If these conditions have not been met, the application shall be rejected
and the applicant shall reapply to the Planning Board.
(12)
The permit shall terminate upon the sale and/or conveyance of
the property by the owner(s) or by the death of the owner or survivor,
or by the owner(s) no longer occupying the premises as their primary
residence.
(13)
All new and existing units for which a conversion has been approved
shall be brought up to current Building Code requirements as a condition
of approval. Such condition shall be noted on the plans and the Building
Inspector shall determine such changes have been made prior to the
issuance of a certificate of occupancy.
F.
Home occupations are permitted, provided that:
G.
Hotels/motels.
(1)
The actual floor area of accessory restaurant, conference, or banquet
facilities shall be subtracted from the site area available for motel
or hotel use.
(2)
The entire property occupied by a hotel, motel, and related accessory
restaurant structures shall be maintained in common ownership and
control throughout the life of the development.
(3)
Access conditions shall be adequate for the estimated traffic to
and from the site to assure the public safety and to avoid traffic
congestion in the surrounding neighborhood.
(4)
Vehicular entrances and exits shall be clearly visible from the street
with adequate sight distances along the main street.
(5)
All parking areas, lots or garages shall be adequately screened from
neighboring residential properties.
(6)
Units shall not contain kitchen facilities or be used as apartments
for transient tenants. Each unit shall be at least 200 square feet
and have bath or shower facility, toilet and sink.
(7)
The minimum lot size shall be 20,000 square feet plus 1,500 square
feet per guest room.
H.
Kennels not associated with a veterinarian's office are defined as
any use involving the keeping of more than six adult dogs. The minimum
lot size shall be five acres. No dog runs or pens shall be located
within 100 feet of any property line.
I.
Machinery repair or service station and repair garage, convenience store with conditions as noted in Subsection M below.
J.
Mining, loading, hauling and/or processing of sand, gravel, shale, topsoil or other aggregate provided under the jurisdiction of the New York State Department of Environmental Conservation (NYSDEC). All other mining activities shall be subject to § 250-61K below.
(1)
All applications to the Planning Board for plan approval shall present
to the Board proof of application for a mining permit to the NYSDEC
and copy of the mining plan. In addition, the following shall also
be submitted and/or approved:
(a)
The location of site ingress and egress points to roads controlled
by the Town of Mount Hope.
(b)
The routes to be taken by mineral transport vehicles on roads
controlled by the Town of Mount Hope.
(c)
The requirements and conditions as specified in the permit issued by the NYSDEC under Part 420 of Title 6 of the New York Code of Rules and Regulations (NYCRR), when such requirements or conditions are established, concerning setback from property boundaries and public thoroughfare rights-of-way, natural or man-made barriers to restrict access, dust control, hours of operation and enforcement of reclamation requirements. The Town has the right to regulate these areas of concern and can make certain they all meet local requirements of this chapter. Section 250-61K below shall be used as the basis for these criteria.
K.
Mining, loading, hauling and/or processing of sand, gravel, shale,
topsoil or other aggregate not under the jurisdiction of the NYSDEC.
(1)
All applications to the Planning Board for plan approval shall include plan requirements contained in Article XI of this chapter as well as the following:
(2)
All excavations shall conform to the following rules and regulations:
(a)
The proposed operation shall not adversely affect soil fertility,
drainage, and lateral support of abutting land or other properties
nor shall it contribute to soil erosion by water or wind.
(b)
Within 1,000 feet of any residence, there shall be no operation
on Sundays or legal holidays, nor between 7:00 p.m. and 7:00 a.m.
on Monday through Saturday.
(c)
Where any open excavation will have a depth of 10 feet or more
and a slope of more than 30°, there shall be a substantial fence
approved by the Planning Board, with suitable gates where necessary,
effectively blocking access to the area in which such excavation is
located. Such fence shall be located 50 feet or more from the edge
of the excavation. All operations shall be screened from nearby residential
uses as required by the Planning Board.
(d)
There shall be adequate access to and from a public street without
using said access for processing and loading purposes and shall not
be located nearer than 200 feet of a lot line; such access road shall
be provided with a dustless surface.
(e)
The top of the natural slope in cut for any excavation and any
mechanical equipment shall not be less than 50 feet from any lot line.
(f)
Where any excavation or part of any excavation is within 200
feet of any abutting public road and results in a depth below the
level of such abutting road, such excavation or part of such excavation
shall be restored to the elevation of such abutting road or to the
highest elevation of the land which existed prior to the excavation.
(g)
After any such operation, the site shall be made reusable for
a use permitted in the district. Where topsoil is removed, sufficient
arable soil shall be set aside for retention on the premises and shall
be respread over the premises after the operation. The area shall
be brought to final grade by a layer of earth two feet or original
thickness, whichever is less, capable of supporting vegetation. Fill
shall be of suitable material approved by the Planning Board.
(h)
At all stages of operations, proper drainage shall be provided
to prevent the collection and stagnation of water and to prevent harmful
effects on surrounding properties.
(i)
In granting site plan approval, the Planning Board may require
that the owner or his agent post a bond in the amount to be determined
by the Town Engineer sufficient to secure the rehabilitation of the
site in accordance with the approved site plan. Such bond shall be
approved by the Town Board as to form, sufficiency and manner of execution,
and shall run for the same term as the term of the site plan approval.
In the event the owner or his agent does not fulfill the conditions
of the bond, the Town shall, after due notice to the owner or his
agent and to his bonding or surety company upon their failure to comply
with the terms of the site plan approval, proceed to rehabilitate
the premises in accordance with the plan described above, either with
its own forces or by contract, and shall charge the costs to the owner,
his agent, or the bonding or surety company.
L.
Mobile home park in the LB-2 District, provided that:
(1)
The lot area shall be not less than five acres, and a proposed site
development plan for the entire site, prepared by a licensed professional
engineer, shall be submitted for approval. The initial development
shall cover at least two acres and subsequent additions shall not
be less than one acre.
(2)
The park shall have a street system providing either a thirty-foot-wide
paved roadway in the event that on-street parking is permitted; or,
where on-street parking is prohibited, a twenty-foot-wide paved roadway
provided with common off-street parking areas distributed around said
park in approved locations. Said roadway(s) shall be provided with
curbs and gutters and shall have a fifty-foot-wide right-of-way reserved
for the same regardless of the pavement width option that is chosen.
Said street system shall provide access to all mobile home spaces
and shall provide at least two access drives to and from the public
street. Except that, the requirement for provision of two or more
access drives to and from the public street may be waived by the Planning
Board based upon the establishment of alternative requirements that
are acceptable to the Planning Board, including but not limited to
the establishment of a boulevard (or double-wide divided road) access
drive connecting to the public street, as well as parking restrictions
as needed.
(3)
Mobile home spaces shall have a minimum area of 5,000 square feet
for single units, and 8,000 square feet for double-wide units and
have a maximum density of six units per acre. The average width of
all spaces shall not be less than 50 feet. Drainage easements and
all other easements that prohibit development shall not be included
in the minimum lot area or dimensions. Each space shall provide:
(4)
All mobile homes and their accessory structures shall be at least
30 feet apart from all other mobile homes and accessory uses. There
shall be a fifty-foot setback for all mobile homes from the right-of-way
of any public street or highway, a twenty-five-foot setback from the
outside edge of mobile home park street rights-of-way, and a thirty-foot
setback from all property lines.
(5)
The park shall have an on-site stormwater drainage system, including
provisions for well-drained mobile home spaces, interior private streets
and other public areas, as well as consideration for natural watercourses.
(6)
The park shall have a central water and sewer system approved by
the New York State Department of Health and/or New York State Department
of Environmental Conservation.
(7)
The park shall have a complete electrical system in conformance with
municipal Electrical Code provisions, including outdoor lighting along
all interior streets, entrances and exits and in public open spaces,
with light illumination for these spaces to be determined by the Town
Engineer.
(8)
The park shall be served with garbage and trash collection points
so located that no mobile home is more than 150 feet from such point,
which point shall be equipped with an adequate number of garbage cans
with tight-fitting covers or dumpsters appropriately screened from
view.
(9)
The park shall, at the discretion of the Planning Board, provide:
(a)
Appropriate community facilities such as a meeting hall.
(b)
A recreation facility with an area that is not less than one
acre for the first 50 units or increment thereof, and one additional
acre for each additional 50 units or increment thereof.
(c)
A walkway system of paved or stabilized gravel all-weather paths
along interior streets and leading to public open spaces.
(10)
All mobile homes, accessory structures and appurtenances shall comply with applicable provisions of Article IX in this chapter, other provisions of this chapter, the New York State Building Code, Energy Code and such other codes, ordinances and regulations as shall apply and a new certificate of occupancy is required for any new mobile home located at the site.
M.
Motor vehicle sales, gasoline service station and repair garage,
with or without convenience stores, provided:
(1)
No entrance or exit driveway shall be located closer than 10 feet
to any property line and shall be laid out so as to avoid the necessity
of any vehicle backing out across any public right-of-way.
(2)
No gasoline pump shall be located closer than 25 feet to any street
line.
(3)
Minimum street frontage shall be 150 feet.
(4)
Parking shall be provided for all uses proposed and the pump area
shall be counted as parking spaces, provided at least five other spaces
are available away from the gasoline pumps.
N.
Nonnuisance industry. Any industry which is not detrimental to the
environment in which it is located by reason of the emission of smoke,
noise, odor, dust, vibration or excessive light, beyond the limits
of its lot, or by reason of generating excessive traffic with attendant
hazards and which does not include any outdoor processing of materials,
or open accessory storage yard unless completely enclosed by a solid
wall or fence not less than six feet in height.
O.
Outdoor storage of goods. Outdoor storage of goods shall be screened
from view of adjacent streets and properties with a solid fence or
evergreen plantings or a combination of both satisfactory to the Planning
Board.
P.
Printing and publishing plants (subject to requirements in § 250-617).
Q.
Public communications utility towers/antennas. The construction or
erection of new radio antennas, radio towers and other public communications
utility towers and equipment mounted thereon, and/or the reconstruction,
addition or alteration to existing such towers, antennas and equipment
mounted thereon used to send, receive, and relay transmissions, shall
constitute a conditional use subject to special permit in the LB,
LB-2, B-1, and RP-2 Districts only, subject to the restrictions and
requirements of this section. The Town of Mount Hope desires to preserve
the visual and community character of the bulk of its residentially
zoned areas, and, in particular, desires to preserve the unique scenic
and visual qualities of the Shawangunk Ridge and its viewshed, with
the objective of limiting the visibility of communications towers
above the skyline and mountain ridge tree line, so as to reduce or
avoid visual impacts connected therewith. The Town notes the visual
incompatibilities of tall and highly visible structures such as public
utility communications towers and devices mounted thereon with the
Town's residential areas in general. The Town particularly notes the
visual incompatibilities with locating such structures on the easterly
slopes of the Shawangunk Ridge, which are open, more gently sloped
and less wooded, and therefore on which such towers and devices are
more prominent and more visually intrusive to greater land areas.
The Town further recognizes that the placement of such structures
and access drives thereto may be needed within selected areas of the
Town, notwithstanding their undesirable prominence and the general
visual incompatibility of such towers and utility structures with
the primarily residential character of the Town, in order to provide
vital utility services within the Town and/or its surrounding region.
Accordingly, the Town Board has provided for the needs of public utility
communications within the Town of Mount Hope in the following way:
(1)
The utility requesting to site a public utility communications device
shall constitute a genuine public utility providing commercial communications
services to the public. Any public utility communications device to
be located within the Town of Mount Hope shall fully conform to the
Federal Communications Commission's (FCC's) current regulations and
requirements concerning radio frequency emissions, as the same may
be amended from time to time.
(2)
Public utility communications towers and devices shall be a conditional
use in the B-1 LB, and LB-2 Districts, subject to the procedures and
special permit requirements listed herein below and the requirements
of site plan approval.
(a)
In the event that, due to technical reasons, the necessary service
cannot be provided by siting such facility in the B-1, LB, and/or
LB-2 Districts, the utility requesting such use shall make application
to the Town of Mount Hope Planning Board and shall demonstrate this
factually to the satisfaction of said Planning Board. Said utility
shall then endeavor to locate the proposed communications device(s)
on existing communications or other existing towers within the RP-1
District of the Town of Mount Hope, subject to the requirements of
site plan approval and the requirements listed herein below.
(b)
In the event that the necessary service cannot be provided by
locating such device(s) on existing communications or other existing
towers in the RP-1 District, the utility requesting such use shall
demonstrate same factually to the Town of Mount Hope Planning Board,
and shall then endeavor to locate said communications device within
the RP-2 District, subject to the requirements of site plan approval
and the requirements of this section. The Planning Board may require
a good faith demonstration that the owner(s) of such structure(s)
were contacted and either denied permission for such shared use, required
economically infeasible lease or rental provisions, or in the alternative,
the applicant may demonstrate factually to the satisfaction of the
Planning Board that the necessary service cannot be provided by use
of such locations.
(3)
Lot size and setbacks. The lot size and setback requirements for
a public communications utility tower/antenna shall be related to
the height of said tower/antenna. Pursuant to the requirements of
this chapter, said structure shall be located in the center of a lot,
which lot shall measure not less than 1/2 the height of said tower
in all directions, so that in the event said tower should collapse
or fail, no structure or persons on any adjoining properties will
be placed at risk.
(4)
Accessories.
(a)
Any antenna or other communications device that is accessory to and attached to a building located in the LB, LB-2, or B-1 Districts which does not exceed the height limitation for buildings in said districts by more than 10 feet shall be considered a permitted accessory thereto. Such device shall not require further review pursuant to this section, except pursuant to Subsection Q(5) and (7) of this section, to the extent that they apply. Such accessory communications devices shall be camouflaged by making it resemble a structural or architectural element of the building to which it is accessory to the extent possible.
(b)
Other utility structures, such as storage buildings necessary
to the operation of said tower/antenna may be located on the same
lot if such location is necessary for the operation of said facility,
subject to site plan approval by the Planning Board as to color, location,
visual screening, access control and/or other valid site plan review
considerations.
(5)
Visual impacts. All public utility communications structures shall
be sited to create the least practicable adverse visual impact on
the surrounding community. Any applicant pursuant to this section
shall provide visual impact assessment information as reasonably required
to evaluate the visual effects of a proposed communications tower/antenna
or device pursuant to this section, with particular attention to key
vantage points or viewshed areas both within the Town of Mount Hope
and in other municipalities as may also be affected during both daytime
and nighttime conditions. To the extent practicable, reasonable screening
shall be provided from scenic vantage points, and/or other means of
minimizing the visual effects of said facility, including but not
limited to the color of the tower and appurtenances, which shall be
light grey or have a galvanized finish above the tree line, and a
grey, green, or black finish below the tree line, to the extent that
such color is not preemptively regulated by the Federal Aviation Administration
(FAA). The Planning Board may permit the use of vegetation, either
alone or in combination with topography, fences, walls or other features
to achieve sufficient screening. If vegetative plantings are proposed
for screening purposes, the Planning Board shall require planting
and replacement specifications to ensure that the intended effect
is achieved and maintained. Siting of such facilities shall where
possible avoid the need for compliance with FAA lighting and painting
requirements.
(6)
Access and parking. The Planning Board shall review the means of access to the public communications utility tower/antenna site and shall consider its sufficiency with regard to relevant factors including but not limited to width, surfacing, slope, side slopes, drainage and erosion control, access control device(s) restricting unauthorized entry, as appropriate to the utility and any emergency vehicles needed to access the site. Adequate parking and turnaround area shall be provided for the site. Care shall be taken to minimize the visual impacts of such means of access, parking and turnaround area as seen from key vantage points, and the visual impacts of the same shall be evaluated and mitigated as set forth in Subsection Q(5) of this section.
(7)
Public safety. The applicant shall demonstrate that the proposed
communications utility tower/antenna and/or appurtenant device(s)
will not pose a threat to public health and safety as a result of
falling or blowing ice and/or other debris, that public access to
the same has been restricted so as to prevent climbing or other trespass
on the structure itself, and/or any other relevant health and safety
concern under the jurisdiction of this chapter.
(8)
Nothing herein shall be construed as preventing the continued existence
of any public communications tower/antennas that are lawfully in existence
at the date of enactment of this chapter. Further, nothing herein
shall be construed as preventing the maintenance and continued operation
of such preexisting facilities, including the utilization of "state
of the art" equipment for the facility in order to maintain its existing
level of service consistent with current technology. However, any
increases in tower/antenna height or visibility for the purpose of
increasing the service area or population shall be considered a new
application and shall conform to the locational and other requirements
set forth in this section.
(9)
Inspection. The Town Building Inspector or any authorized agent for
the Town shall have the right to enter upon any area with existing
or proposed towers in order to inspect the same for any lawful purpose,
including but not limited to safety, structural integrity, visual
impacts, conformance to approved plans and the requirements of this
chapter and any other applicable statutes, rules and/or regulations.
R.
Recreational facilities providing for permitted recreational uses
as follows:
(1)
Permitted recreational uses. Permitted recreational uses for a recreational facility include but are not limited to uses such as indoor and outdoor tennis courts; indoor and outdoor public swimming pools; "health club" as defined in this chapter; batting cages; shuffleboard courts; golf (including miniature golf); jogging trails, hiking trails, horse trails, or ski trails; indoor shooting ranges; indoor or outdoor ice-skating rinks, indoor roller-skating rinks, indoor or outdoor skateboard facilities, and the like. (See § 250-4, Definitions.)
(2)
The Planning Board shall consider the plan and layout of permitted
recreational uses with respect to factors, including, but not limited
to, the noise generated by the recreational use itself and the noise
generated by any spectators or participants; lighting; any outdoor
public address or sound system; hours of operation; parking; access;
waste generation and handling; and may impose such conditions as it
deems reasonably necessary to minimize any potential impacts on current
or future surrounding land uses and community character and the public
health, safety, and welfare.
(3)
Prohibited recreational uses. Prohibited recreational uses for a
recreational facility include but are not limited to uses such as
outdoor shooting ranges (whether or not involving the use of live
ammunition, and involving any type of ammunition and method of propulsion);
bungee-jumping facilities; carnival rides such as roller coasters,
Ferris wheels and the like except by temporary special permit of the
Town Board; automotive race tracks; motorcycle, motorbike, or other
automotive vehicle tracks including all-terrain vehicle tracks or
trails; and the like. Other uses which may create an objectionable
nuisance by reason of their inherent generation of noise or unreasonably
large crowds, excessive off-sight visual impacts, or other nuisance
factors as determined by the Planning Board shall be deemed to be
prohibited recreational uses.
T.
Restaurants/eating and drinking places.
(1)
The entire lot except for areas covered by buildings, parking lot
or loading areas shall have a landscape plan approved by the Planning
Board and be properly maintained.
(2)
Exterior lighting shall be restricted to that essential for safety
and convenience of the users of the premises; and the source of such
illumination shall be shielded from the view of all surrounding streets
and lots.
U.
Senior housing developments.
(1)
No overall dimension of any building with one habitable floor shall
exceed 250 feet in length. No building with more than one habitable
floor shall exceed 160 feet in length, and, in addition, any such
building shall be provided with a minimum five-foot offset at a maximum
of every 40 feet of any such building. The aforesaid offset shall
include the rooflines and extend a minimum of one unit width or a
maximum of 40 feet.
(2)
The design and layout of the site, all buildings and all improvements
shall be planned for the convenience of the senior citizens and in
accordance with applicable federal, state and local codes, rules and
regulations.
(3)
Handicapped access to all buildings and all floors, units and rooms
therein within said buildings shall be provided. Installation of ramps
and elevators shall be in accordance with all applicable codes and
regulations.
(4)
The minimum distance between facing elevations of principal dwelling
buildings shall be 35 feet.
(5)
Any inner court shall have a minimum dimension of 60 feet. Any outer
court shall have a minimum dimension of 20 feet, and its depth shall
not exceed its width.
(6)
The development shall provide adequate on-site active and passive
recreational facilities such as recreation and social gathering areas,
sitting areas, gardens and usable open space, which shall be fixed
by the Planning Board.
(7)
Off-street parking shall meet the following requirements:
(a)
One space per habitable room;
(b)
Provisions shall be made for handicap parking spaces as required
by law;
(c)
Every attempt shall be made to design the development such that
no off-street parking areas are located within the minimum yard setbacks;
(d)
Access to and from the street shall be a minimum 24 feet in
width;
(e)
All access and parking areas shall be properly drained, paved
and striped;
(f)
Parking areas shall meet all other requirements of § 250-15D.
(8)
The development shall have central water and sewer systems which
shall be commonly owned by the developer and/or owner of this project,
shall be approved by the New York State Department of Health and/or
New York State Department of Environmental Conservation.
(9)
A paved walkway system shall be provided leading from all units to
parking areas and public streets.
(10)
The allowable number of dwelling units shall be determined utilizing
the following minimum required square footages per dwelling unit:
|
Number of Habitable Rooms
|
Minimum Lot Area/Unit
(square feet)
|
|---|---|
|
1
|
3,900
|
|
2
|
4,800
|
|
3
|
7,200
|
(a)
To derive the acreage used in computing the allowable number
of dwelling units on a given property, use the gross acreage minus
the area allotted to bodies of water, areas subject to flooding, ponding
or officially designated freshwater wetlands, areas which have slopes
in excess of 20% and existing rights-of-way and easements.
(b)
For the purpose of this section, an efficiency unit contains
one habitable room, a one-bedroom unit contains two habitable rooms
and a two-bedroom unit contains three habitable rooms.
(11)
minimum livable floor area and occupancy standards for all units
shall be as follows:
|
Number of Habitable Rooms
|
Minimum Livable Floor Area/Unit
(square feet)
|
Maximum Number of Persons
|
|---|---|---|
|
1
|
450
|
1
|
|
2
|
700
|
2
|
|
3
|
850
|
4
|
(12)
The development shall be adequately landscaped throughout the
site and provide adequate vegetative screening along all property
lines to provide a privacy and noise barrier, as may be deemed appropriate
and in the discretion of the Planning Board. A landscape plan shall
be submitted to the Planning Board for its review.
(13)
Architectural renderings shall be submitted to the Planning
Board for the purpose of evaluating aesthetic impact of the development
on the community. The renderings shall be complete, including, but
not limited to, color schemes, architectural details, material, landscaping
and any other information requested by the Planning Board.
V.
Utility building (public), plant, office structure or storage yard:
(1)
The Planning Board may require that such use be enclosed by protective
fencing with a gate and have controlled access to such use.
(2)
The installation shall be so designed, enclosed, painted and screened
with evergreens that it will be harmonious with the area in which
it is located. The property shall be suitably landscaped and maintained
in reasonable conformity with the surrounding neighborhood.
(3)
In appropriate cases, satisfactory evidence shall be submitted establishing
that there will be no interference with radio and television reception
on adjoining property.
W.
Utility structures (public), buildings, and rights-of-way necessary
to serve areas within the Town but excluding building offices, repair
or storage of equipment. Also included in this category are structures
such as transformers, telephone and utility pads, pump stations, etc.,
but specifically excluded are antennas, radio and other communications
towers, etc. or additions thereto.
Y.
Warehouse.
(1)
The entire lot except for the area covered by buildings, parking
lot or loading areas shall have a landscape plan approved by the Planning
Board.
(2)
Exterior lighting shall be restricted to that essential for the safety
and convenience of the users of the premises; and the source of such
illumination shall be shielded from view of all surrounding streets
and lots.
(3)
All goods stored out of doors shall be stored in only rear or side
yards in conformance with the minimum requirements stated in the Schedule
of District Regulations. (Said schedules are included as attachments
to this chapter.)
Z.
Wearing apparel or accessories manufacturing:
(1)
A manufacturing use must not create any dangerous, noxious or otherwise
objectionable fire, explosion, radioactivity or other hazard, so as
to adversely affect the surrounding area.
(2)
Outside storage of materials shall not exceed 70% of the lot area
when combined with the building and all other paved surfaces.
(3)
The outside storage area shall be screened from an arterial or collector
road or adjacent residential district. Screening shall take the form
of either evergreen landscaping, walls, topographic break or fencing
of a height of at least eight feet.
BB.
Small
cell wireless facilities.
(1)
Purpose. The purpose of this section is to establish uniform
policies and procedures for the deployment and installation of small
wireless facilities in rights-of-way within the Town's jurisdiction
and owned by the Town, which will provide a public health, safety,
and welfare benefit consistent with the preservation of the integrity,
safe usage, and visual qualities of the Town rights-of-way and the
Town as a whole.
(2)
Intent. In enacting this chapter, the Town is establishing uniform
standards to address issues presented by small wireless facilities,
including, without limitation, to:
(a)
Prevent interference with the use of streets, sidewalks, alleys,
parkways and other public ways and places;
(b)
Prevent the creation of visual and physical obstructions and
other conditions that are hazardous to vehicular and pedestrian traffic;
(c)
Prevent interference with existing facilities and operations
of facilities presently lawfully located in rights-of-way or public
property;
(d)
Ensure reasonable efforts are made to preserve the character
of neighborhoods in which facilities are installed;
(e)
Protect against environmental damage, including damage to trees;
and facilitate rapid deployment of small wireless facilities to provide
the benefits of reliable access to wireless telecommunications technology,
broadband and 911 services to homes, businesses, schools within the
Town.
(3)
SMALL WIRELESS FACILITY or SMALL CELL
WIRELESS TELECOMMUNICATIONS PROVIDER
Definitions. As used in this article, the following terms shall
have the meanings indicated:
A wireless telecommunications facility that meets both of
the following qualifications: (i) Each antenna is located inside an
enclosure of no more than three cubic feet in volume or, in the case
of an antenna that has exposed elements, the antenna and all of its
exposed elements could fit within an imaginary enclosure of no more
than three cubic feet; and (ii) all other wireless equipment associated
with the facility is cumulatively no more than 28 cubic feet in volume.
The following types of associated ancillary equipment are not included
in the calculation of equipment volume: electric meter, concealment
elements, telecommunications demarcation box, ground-based enclosures,
grounding equipment, power transfer switch, cutoff switch, and vertical
cable runs for the connection of power and other services.
A wireless telecommunications infrastructure provider or
a wireless telecommunications services provider.
(4)
Permitted use; application fees; violations.
(a)
Permitted use. Co-location of a small wireless facility or a
new or modified utility pole or wireless support structure for the
co-location of a small wireless facility shall be a permitted use
not requiring discretionary zoning approvals subject to the restrictions
in contained herein.
(b)
Permit required. No person shall place a small wireless facility
in the rights-of-way without first filing a small wireless facility
application and obtaining a small cell building permit therefor, except
as otherwise provided in this chapter.
(c)
Permit application. All small wireless facility applications
for small cell building/work permits filed pursuant to this chapter
shall be on a form set by the Building Department of the Town of Mount
Hope. The Building Department shall review the application for a small
cell building permit in light of its conformity with applicable regulations
of this chapter and all applicable building and safety codes. If the
application is denied, the basis of denial shall be provided to the
applicant in writing.
(d)
Routine maintenance and modifications. An application shall
not be required for: (i) routine maintenance; and (ii) like-kind modifications
to any existing small wireless facility that do not materially change
the appearance of the small wireless facility or exceed the structural
capacity of the supporting structure.
(e)
Information updates. Any amendment to information contained
in a small cell building permit application shall be submitted in
writing to the Building Department within thirty (30) days after the
change necessitating the amendment.
(f)
Application fees. All applications for small cell building permits
pursuant to this chapter shall be accompanied by a fee for actual,
direct, and reasonable costs incurred by the Town related to processing
the application.
(g)
Violations. A permit shall be revoked for any violation of the
provisions of this chapter.
(5)
Maximum height; other requirements.
(a)
Maximum size of permitted use. Small wireless facilities and
new or modified utility poles and wireless telecommunications support
structures for the co-location of small wireless facilities may be
placed in Town rights-of-way as a permitted use subject to the following
requirements:
(b)
Design requirements. Small wireless facilities must be designed
so as to avoid unsightly or out-of-character deployments and subject
to the approval of the Building Department.
(c)
Zoning. Any wireless telecommunications provider that seeks
to construct or modify a utility pole, wireless telecommunication
support structure or wireless telecommunications facility that exceeds
the height or size limits contained in this section shall be subject
to applicable zoning requirements. In all other instances, no discretionary
zoning approvals shall be required for projects which comply with
the terms of this chapter and a small cell building/work permit shall
be issued.
(6)
Removal, relocation or modification of small wireless facility
in the ROW.
(a)
Notice. Following written notice from the Town, wireless provider
shall, at its own expense, protect, support, temporarily or permanently
disconnect, remove, relocate, change or alter the position of any
small wireless facilities within the rights-of-way whenever the Town
has determined that such removal, relocation, change or alteration,
is necessary for the construction, repair, maintenance, or installation
of any Town improvement in or upon, or the operations of the Town
in or upon, the rights-of-way.
(b)
Emergency removal or relocation of facilities. The Town retains
the right to cut or move any small wireless facility located within
the rights-of-way of the Town, as the Town may determine to be necessary,
appropriate or useful in response to any public health or safety emergency.
If circumstances permit, the Town shall notify the wireless telecommunications
provider and provide the wireless. telecommunications provider an
opportunity to move its own facilities prior to cutting or removing
a facility and shall notify the wireless telecommunications provider
after cutting or removing a small wireless facility.
(c)
Abandonment of facilities. Upon abandonment of a small wireless
facility within the rights-of-way of the Town, the wireless provider
shall notify the Town within 90 days. Following receipt of such notice
the Town may direct the wireless provider to remove all or any portion
of the small wireless facility if the Town, or any of its departments,
determines that such removal will be in the best interest of the public
health, safety and welfare.
(7)
Fees.
(a)
ROW administration fee. A wireless telecommunications provider
authorized to place small wireless facilities in the rights-of-way
shall pay to the Town an annual administration rate to be set by resolution
of the Town Board.
(b)
Attachment fee. A wireless telecommunications provider authorized
to place small wireless facilities shall pay an annual fee to place
to place a small wireless facility on a Town-owned pole in a Town
right-of-way. Such fee shall be set by resolution of the Town Board.
