A.
Accessory buildings shall be set back at least 15 feet from side
or rear lot line(s), and shall be located with front yard setbacks
as stated in Schedule 1: Area and Bulk Regulations, also not less
than 10 feet from the principal building or as required by the New
York State Uniform Fire Prevention and Building Code.
(1)
An accessory building of 144 square feet or less in area, not exceeding
two in number, may be located in any required side or rear yard provided
that such building shall not exceed 15 feet in overall height.
(2)
An unroofed deck is to be considered an accessory structure, which
shall comply with all setback requirements only when more than eight
inches above the finished grade at its highest point.
(3)
All accessory structures shall meet with the appropriate minimum
setback requirements as set forth in this chapter or elsewhere in
this chapter.
B.
Remote offices, as defined herein, shall be permitted in accessory
buildings and shall adhere to the following requirements:
(1)
No more than one toilet and one sink may be installed and shall be
connected to the same septic and well of the existing residential
lot or dwelling, or be connected to the same sewer and/or water laterals
where such public utilities exist.
(2)
The installation of a kitchen shall not be permitted unless constructed
for an accessory apartment where such accessory apartments are otherwise
permitted.
(3)
At no time shall any premises be used in such a manner to cause the
emission therefrom of any offensive or noxious odors, vapors, fumes,
glare, dust, smoke, gas, vibration, noise or radiation, or be used
in such a manner as to cause injury, annoyance, or disturbance to
any surrounding properties or to their owners or occupants.
(4)
No identification signage shall be permitted, nor shall any display
of goods or products be visible from any adjacent street or property
lines.
(5)
No nonresident employees or assistants shall conduct any business
at this remote office.
C.
Accessory buildings may not be used as a dwelling, except that nothing
herein shall be construed to prevent the construction of accessory
apartments for family members, where such apartments are otherwise
permitted.
D.
Retired manufactured housing, mobile homes, travel trailers, retired
truck bodies, retired tractor trailers, and any other unlicensed trailers
may not be used as accessory structures.
E.
Preexisting, nonconforming, retired manufactured housing, mobile homes, travel trailers, and unlicensed trailers that were in place prior to the date of the adoption of this subsection may continue to be used as accessory structures, provided that they are screened from view from the road fronting said property, and from the lots adjacent to said property, and provided that the cooking, refrigeration and plumbing facilities have been removed or disabled. Notwithstanding Article VI of this chapter, such preexisting nonconforming structures being used as accessory buildings may not be replaced.
F.
When a building permit has been issued, construction trailers, bulk
containers and other storage facilities normally associated with the
building trade may be allowed during the period of active construction,
provided that they are not used as dwelling units and are removed
immediately upon issuance of a certificate of occupancy or certificate
of compliance or upon the expiration and nonrenewal of the building
permit.
G.
Where a permanent dwelling has been issued a building permit and is under construction, a mobile home or other temporary dwelling may be located on a lot and lived in for the duration of the building permit. Occupancy of the mobile home or temporary dwelling shall be limited to those persons who intend to reside in the dwelling under construction. The location of the mobile home or temporary dwelling must conform to all area and bulk requirements and shall adhere to any additional local, county, or state regulations which may be applicable including those relating to health, safety, and sanitations. Mobile homes or temporary dwellings used in this manner must be removed upon issuance of a certificate of occupancy or certificate of compliance associated with a newly constructed residence, or upon expiration and nonrenewal of the building permit in accordance with Chapter 34, Building and Energy Code Administration and Enforcement.
H.
For owners of a lot meeting or exceeding the minimum lot area for
the lot's district, a permit may be obtained to properly install a
steel shipping container or containers not to exceed a total of 320
square feet within the rear half of their lot with rear and side setbacks
honored, provided the steel shipping container (or containers) is
painted a flat natural color such as olive drab or olive green or
other color approved by the Code Enforcement Officer and provided
that if there is a house not owned by the applicant within 250 feet
of the site, evergreen trees must be planted and maintained around
the portion facing the non-owned resident at a spacing not to exceed
eight feet. Steel shipping containers that were in place prior to
November 8, 2008, are exempt from obtaining a permit and complying
with this section.
I.
Commercially home-delivered storage containers, similar but not limited
to PODS® or U-Box, shall be permitted
on a property for no longer than three months consecutively and only
when associated with individuals relocating domiciles, or for loading
such container for off-site storage, or unloading the container from
off-site storage. This type of container shall not be permitted for
any permanent on-site storage or any other use. All accessory building
and structure requirements shall apply to these containers.
A.
Purpose and intent. It is the purpose and intent of this section
to provide the opportunity for the construction of noncommercial storage
buildings on vacant lands for the purposes of storing personal equipment,
vehicles and other noncommercial related items.
B.
Approvals required. Vacant lot accessory buildings may be permitted
within select districts pursuant to the issuance of a special use
permit in accordance with this chapter, and in compliance with the
following standards and conditions.
C.
Standards.
(1)
Not more than one vacant lot accessory building may be located on
a lot.
(2)
Maximum size. The total size of a vacant lot accessory building shall
be limited to 1/2 the maximum lot coverage percentage of the applicable
zoning district set forth in the District Schedule of Area and Bulk
Regulations.[1]
[1]
Editor's Note: The District Schedule of Area and Bulk Regulations is included as an attachment to this chapter.
(3)
Vacant lot accessory buildings shall not be used for commercial purposes
or to store equipment related to a commercial use.
(4)
Vacant lot accessory buildings shall not be used for sleeping or
dwelling purposes.
(5)
Plumbing, bathing and kitchen facilities are prohibited.
(6)
Retired manufactured housing, mobile homes, storage containers, travel
trailers, and unlicensed trailers may not be used as vacant lot accessory
buildings.
(7)
Vacant lot accessory buildings shall be sited on a lot in such a
manner that would meet all required front and rear and side yard setbacks.
(8)
Vacant lot accessory buildings may be serviced by electricity and
may contain a heating source.
(9)
Siting of a vacant lot accessory building shall ensure there remains
adequate buildable area for a principle dwelling and on-site water
and sewage services.
(10)
Vacant lot accessory buildings shall be screened from all public
rights-of-way and adjoining properties.
A.
Purpose and intent. It is the purpose and intent of this section
to provide the opportunity for the development of small accessory
dwellings designed to meet the housing needs of families living in
the Town of Highland.
B.
Approvals required. Accessory dwellings may be permitted within select
districts pursuant to a special use permit, and in compliance with
the following standards and conditions.
C.
Minimum lot area required. Accessory dwellings shall only be permitted
on lots that meet the minimum lot area requirement, as defined, for
at least one dwelling unit in the applicable zoning district as follows;
D.
Floor area requirements. The accessory dwelling shall have a minimum
of 250 square feet of net floor area, shall not exceed a maximum of
50% of the square footage of the primary dwelling and in no event
shall the square footage of an accessory dwelling exceed 1,000 square
feet of net floor area.
E.
Standards. All accessory dwellings shall comply with the following
standards.
(1)
Only one accessory dwelling per lot or parcel shall be permitted.
(2)
Accessory dwellings are prohibited on a lot where a two-family or
multiple-family dwelling exists.
(3)
At no time shall the construction of an accessory dwelling exceed
the permitted lot coverage percentage.
(4)
Accessory dwellings should incorporate, to the maximum extent practicable,
design elements to provide for disabled access.
(5)
An accessory dwelling may have no more than two bedrooms.
(6)
An accessory dwelling may be located within the primary single-family
dwelling structure or an attached accessory structure.
(7)
An accessory dwelling shall be created through the internal conversion
of an existing housing structure or the addition of an accessory dwelling
to the principal structure or partial conversion of an attached accessory
structure.
(8)
An existing attached accessory structure shall not be enlarged more
than 25% of its original gross floor area to accommodate the proposed
accessory dwelling.
(9)
Construction associated with the adaptation of an existing attached
accessory structure shall be performed in a manner that retains the
character of the existing structure. The design and construction of
the adaptation of the attached accessory structure must be compatible
with the primary single-family dwelling on the lot.
(10)
The accessory dwelling shall have safe and proper means of ingress
and egress. Access may be provided from the interior of the primary
dwelling. Stairways leading to any story above the ground floor shall
be located within the walls of the building wherever practicable.
Exterior 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 a street.
(11)
No front entrance to an accessory dwelling shall be permitted
that would give the appearance of a two-family dwelling.
(12)
Owner-occupancy is required. The owner(s) of a property on which
there is an accessary dwelling must occupy one of the two residential
units on the property. Appropriate proof of owner-occupancy is required.
(13)
No special use permit shall be granted for an accessory dwelling
without approval or certification from the Code Enforcement Officer
regarding the adequacy of the septic system.
(14)
The applicant for an accessory dwelling shall certify that the
water supply is potable and of adequate flow. Failure to promptly
correct any water quality or quantity problems shall result in immediate
revocation of the special use permit.
(15)
Adequate design and provision for dealing with stormwater and
drainage issues shall be included.
(16)
Compliance with the applicable provisions of the New York State
Building Code in relation to the design and construction of the accessory
dwelling.
(17)
Off-street parking. In addition to complying with the off-street
parking provision of this chapter, the following standards shall be
adhered to:
(a)
A minimum of one parking space for the accessory dwelling shall
be provided;
(b)
Parking spaces must be surfaced in a manner consistent with
the neighborhood;
(c)
Parking spaces must not impede, impair and/or otherwise effect
the maintenance or future development of public roadways.
(d)
Parking spaces shall be designed in such a manner as to allow
forward travel onto a public roadway; a design which requires the
backing of an automobile onto a public roadway is prohibited.
F.
Applications. In addition to the application requirements for site
plan and special use permits, the following additional items shall
be required for a complete application:
(1)
Dimensions, number of stories and square footage of the existing
dwelling unit and all accessory structures on the subject lot.
(2)
The total number of bedrooms in the existing dwelling.
(3)
Dimensions, number of stories and square footage of the proposed
accessory dwelling.
(4)
The total number of bedrooms to be constructed in the accessory dwelling.
(5)
Scaled plot plan showing the location of the existing structure(s)
and the accessory dwelling to be constructed, parking layout, square
footage of the construction or alteration, floor plan of the accessory
dwelling, setback distance to adjacent parcels, and location and number
of exits.
(6)
Such other reasonable information as may be requested by the Planning
Board or Code Enforcement Officer for site plan review in review of
the accessory dwelling application.
A.
Purpose and intent. This section is enacted to allow for the use
of residential dwelling units in the Town of Highland for temporary
and short-term rental purposes promoting a local tourism economy while
protecting the safety of renters and the privacy for nearby residents,
their freedom from nuisances, and the protection of their property
investments.
B.
Applicability and approvals required.
(1)
All short-term rental (STR) uses are allowed in all zoning districts where single family dwellings are permitted pursuant to § 190-12, District Schedule of District Use Regulations.
(2)
STR uses shall be restricted to one-family dwellings, or other habitable
accessory structures, as these terms are defined by this chapter.
(3)
STR uses, both owner-occupied and non-owner-occupied, shall be permitted with a special use permit in a mixed commercial/dwelling use and be subject to review as outlined in Article VIII, Special Uses and Site Plan Approvals.
(4)
Annual operating permit. All STR uses require an annual operating
permit from the Building Department as outlined herein.
C.
Operating permit application. The following shall be submitted to
the Building Department to obtain an initial operating permit and
all subsequent annual operating permits.
(1)
A completed annual operating permit application, including proof
of ownership and documentation of any easement of right-of-way used
to access the subject property.
(2)
Safety/egress plan, to be posted in a visible location within the
rental unit and on the back of each bedroom door.
(3)
A parking layout plan identifying the amount and location of parking spaces in accordance with § 190-40, Parking regulations. Parking for an STR use shall be calculated the same as for a hotel, motel, or a bed-and-breakfast. Where an STR is located within a mixed commercial/residential structure, parking for each use shall be considered separate and the applicant shall demonstrate adequacy of spaces for this use as described within this section, and any adjoining commercial uses.
(4)
Garbage removal plan. All STR uses shall provide a scheduled garbage
removal in accordance with an approved removal plan, and garbage receptacles
shall not be visible from any Town right-of-way or from any adjacent
residential use for more than 24 hours.
(5)
Both the property owner and host, as defined herein, shall be responsible
for addressing renter issues and compliance with STR use requirements
within 24 hours. When host contact information changes, the Building
Department shall be notified within seven days and the updated contact
information shall be posted within the STR.
D.
Approvals. Site plan/special use approval shall be required for all
non-owner-occupied STR uses. A site plan/special use permit application
shall accompany the operating permit application outlined above.
(1)
STR registration. Upon approval of the first annual operating permit
and in the case of a non-owner-occupied STR use, the issuance of site
plan approval and annual operation permit, the STR use shall be deemed
registered with the Town of Highland Building Department.
(2)
Only the property owner is permitted to register a STR use.
(3)
Change in ownership. Within 30 days of a change in ownership of an
approved STR use, the owner shall be required to submit a new annual
operating permit application in accordance with this section.
E.
The existing operating permit shall become null and void if the owner
fails to submit a new operating permit within 30 days of ownership
transfer.
F.
Existing valid non-owner-occupied STR site plan approvals/special
use permits shall transfer to the new owner upon issuance of the new
annual operating permit, unless the subject STR is in violation of
this chapter.
G.
Any and all improvements or modifications to a STR structure, accessory
building and property shall require review and approval by the Town
of Highland Building Department to ensure continued compliance with
this section.
H.
Safety inspections and annual recertification.
(1)
Within 60 days of the issuance of operating permits for all new STR
uses, and if applicable, site plan approvals, said STR uses shall
pass a safety inspection by the Town of Highland Zoning Enforcement
Officer/Building Inspector.
(2)
All registered STR uses shall be recertified on an annual basis.
As part of the recertification application, all applicants shall provide
a signed affidavit attesting to the presence of the required number
of smoke and carbon monoxide detectors and compliance with all other
requirements of this section.
I.
Occupancy restrictions and requirements.
(1)
All STR uses shall comply with the following occupancy restrictions:
(2)
All STR uses shall comply with New York State Building Code requirements.
(3)
All STR uses shall comply with all applicable New York State and/or
Sullivan County laws, as may be amended, including the Sullivan County
Lodging Facility Room Occupancy Tax.
J.
The property owner/host shall provide guests of the STR use with
the following:
(1)
Copies of applicable and relevant local laws and regulations identified
by the Building Department.
(2)
Approved maximum house occupancy in accordance with this section.
(3)
Emergency contact information including the property owner/host;
property address; Town of Highland Building Department; NYSEG; and
other information identified by the Building Department. The owner
shall also ensure the property address number is clearly identifiable
from the street.
(4)
A map depicting the property boundaries.
(5)
Approved STR uses will be assigned a registration number that shall
be included in all rental listings, both print and on-line and posted
within the STR.
K.
On- and off-site outdoor advertising of STR uses are prohibited.
L.
Parking:
(1)
The number and size of parking spaces available for a STR use shall be incompliance with § 190-40, Parking regulations, as described above.
(2)
On-street parking shall not be used to meet applicable parking requirements.
(3)
No new parking areas/driveways, whether pervious or impervious, shall
be created in front yards to meet applicable parking requirements.
The following additional standards must be provided for in conducting
animal husbandry.
A.
No offensive odor or dust-producing substance or any use producing
incessant odor or dust may be permitted within 100 feet of any property
line.
B.
In districts where animal husbandry is allowed, a special use permit
is necessary where animal husbandry is in excess of one animal unit
per acre of land.
A.
No access drive or entry shall be within 10 feet of any side property
line.
B.
All parts and supplies, dismantled vehicles or part thereof, and/or
any other debris or discarded materials of any kind shall be located
within an enclosed or screened area, hidden from public view on all
sides and a minimum of 10 feet from any property lines.
C.
An automotive repair shop may provide for not more than 10 licensed
vehicles to be left outside, on site at any time during the day or
night, in addition to any number of licensed vehicles temporarily
stored or being worked on inside. Furthermore, no more than five unlicensed
vehicles shall be permitted to be stored outside on site anytime day
or night.
D.
Any number of vehicles over 15 left outdoors during day or nighttime
shall be subject to site plan review and approval of the Planning
Board.
E.
Any addition or extension to an existing automotive repair shop is
subject to site plan review and approval of the Planning Board.
F.
An automotive repair shop shall also include any building, shed or
enclosure or part thereof in which a motor vehicle or any other vehicle
containing volatile flammable gas or oil in its fuel storage tank
is stored, housed, kept or worked on for compensation, including repair
shops and automotive service stations.
The Town of Highland hereby adopts the New York State Uniform
Fire Prevention and Building Code, and the New York State Energy Code,
and henceforth, all new construction and all revisions to existing
structures shall be done in strict accordance with said Code and with
the State Energy Conservation Construction Code.
A.
Approvals required.
(1)
New campgrounds and modifications to existing campgrounds. No new
campground shall be permitted without a special use permit and site
plan review as herein provided. This provision shall also apply to
existing campgrounds proposing major improvements to facilities, structures,
circulation, or expansion of 10 or more campsites, or when additional
infrastructure or Department of Health requirements are mandated.
(2)
Existing campgrounds. Existing campgrounds may apply to the Code
Enforcement Officer for minor modifications subject to an approved
building permit. Minor modifications shall be permitted only when
there are no additional infrastructure or Department of Health requirements
mandated and may include less than 10 campsites, minor reconstruction
of facilities, and/or construction of accessory structures.
B.
General standards. The following shall apply to all campgrounds.
(1)
Adequate regulations shall be set by campground owners to combat
any issues related in sanitation, refuse, and nuisances.
(2)
All sites shall be individually numbered. Site numbers shall be clearly
visible from internal campground access roads.
(3)
All campgrounds shall maintain an up-to-date map of the campground
identifying all sites, internal campground access roads and all exits
to public roads.
(4)
Records. Campground owners shall be responsible for maintaining accurate
records and shall comply with all reporting requirements in accordance
with New York State Department of Health regulations. The Code Enforcement
Officer shall have access to and the right to inspect records for
evidence of permanent residency or lack thereof. The Town Board and/or
Code Enforcement Officer shall, in addition, have the authority to
issue a notice of violation: order to remedy.
(5)
Nothing contained in this section shall preclude the campground owner/applicant
from obtaining all required approvals from the New York State Department
of Health (NYSDOH). Where one or more regulations in this section
conflicts with NYSDOH regulations, the stricter shall apply.
(6)
Any campground that offers cabins or similar structures as sleeping
quarters shall be considered a recreational vehicle (RV) campground
for the purposes of this section.
C.
Minimum frontage and lot area.
(1)
A minimum of 200 feet of frontage on a state, county or Town highway
is required for any new campground.
(2)
The total minimum lot area for all campgrounds shall be no less than
10 acres and may include noncontiguous properties if all properties
are utilized as part of the campground for any new campground.
D.
Density. The calculation of RV and tent site densities shall be based
upon the entire area of the campground and not just the area dedicated
for campsites.
(1)
Each "individual site" shall be limited to a maximum of 10 persons.
The minimum area shall be 1,500 square feet.
(2)
The density for a designated "group site," which shall be intended
for greater than 10 persons, shall have a minimum of 150 square feet
per person per group site. Campgrounds may permit groups to utilize
multiple sites for a maximum density of 10 persons per site where
such minimum area is not available.
(3)
All campgrounds must comply with NYS Department of Health regulations
for calculating allowed densities. New campgrounds of less than 10
sites are prohibited.
(4)
New campgrounds and existing campgrounds proposing site modifications
requiring site plan approval shall have a maximum density of eight
sites per acre.
E.
Minimum camping site area and setback requirements.
(1)
RV sites. Each RV camping site shall be a minimum of 1,500 square
feet, including area for vehicle parking. No more than one RV shall
be permitted on any designated camping site.
(2)
Tent sites. Each tent camping site shall be a minimum of 1,500 square
feet, including area for vehicle parking.
(3)
Setbacks. Campgrounds, including individual sites, parking lots and
all associated buildings and infrastructure, shall maintain a minimum
setback of 100 feet setback from the property line of adjacent residential
uses. Preexisting campgrounds out of compliance with this provision
shall be allowed to continue uses but any new campsites shall be required
to adhere to these setback regulations.
F.
Screening. A properly landscaped buffer area of natural and/or existing
vegetation, of at least 50 feet in width, shall be maintained alongside
campground property boundaries adjacent to noncampground uses. Existing
campgrounds proposing new modifications shall only be required to
screen new campsites, roads, and structures.
G.
Access and circulation.
(1)
No individual campsite shall be accessed from a public road.
(2)
Roadways within the campground shall have a minimum of 14 feet that
is obstruction-free for one-way roads and 20 feet that is obstruction-free
for two-way roads. All roads shall be maintained in a well-graded,
well-drained condition and surfaced to minimize dust and shall comply
with the Town of Highland Driveway Law.
(3)
Bridges shall be exempt specifically from the dimensional roadway
requirements of this section, but shall be subject to all other requirements
herein and any other applicable Town regulation.
H.
Parking areas.
(1)
Each campsite, whether tent or RV, shall provide sufficient space
for one vehicle in addition to an RV for such sites.
(2)
Each campground shall provide sufficient additional off-street parking
along with loading and maneuvering space to the satisfaction of the
Planning Board.
(3)
In connection with the use of any campground, no parking, loading
or maneuvering incidental to parking or loading shall be permitted
on any public street, sidewalk, required buffer, right-of-way or any
public grounds, or any private grounds not part of the campground
unless the owner has given written permission and the Planning Board
approves such use as part of an amended site plan approval for existing
campgrounds or as part of a special use permit for new or expanding
campgrounds.
I.
Sanitation. All campgrounds shall comply with the following.
(1)
Garbage and refuse disposal. No person shall burn trash, garbage
or other refuse on any campsite. All such refuse shall be placed in
receptacles, which shall be provided by the owners of the campground.
No owner shall permit the accumulation of litter or refuse or junk
vehicles on a campsite.
(2)
Each campground shall provide appropriate number of toilets in accordance
with NYS Department of Health regulations.
(3)
Individual on-site sewage disposal is prohibited.
J.
Occupancy limits.
(1)
No campsite shall be occupied for more than eight consecutive months,
and no campsite shall be the primary and principal residence of the
owner or any other occupant; each campsite is to be used and occupied
(except for occasional guests) for camping and recreational purposes.
(2)
Campsites shall be used only for camping purposes. No improvement
or any manufactured home designed for permanent occupancy shall be
erected or placed on any campsite that do not exist at the time of
the adoption of this section. All recreational vehicles in the campground
shall be maintained in a semi-transportable condition at all times,
with the exception of required stabilization which may include blocks
or levelers to stabilize while in its temporary position. Any action
toward removal of wheels or to attach the recreational vehicle to
the ground for permanent stabilization purpose is prohibited. Such
facilities may be required to be moved during fifty-year or 100-year
flood events as may be determined appropriate by the Code Enforcement
Officer.
(3)
No permanent external appurtenances, such as carports, cabanas, sheds
or patios, may be erected or placed on any campsite without a special
use permit. Only permanent appurtenances determined to be site enhancements
shall be approved by the Planning Board and permanent appurtenances
that encourage permanent occupancy shall be prohibited. Conditions
preexisting to the adoption of this zoning law shall be exempt.
(4)
No mobile homes shall be permitted in a campground.
K.
Application to existing campgrounds.
(1)
The regulations of this section shall apply to any extension of existing
campgrounds, including increases in the number of campsites, even
if no additional total land area is involved.
(2)
Any existing campground that does not have a permit from the NYSDOH
shall not continue to operate without first obtaining such approvals.
A.
Obstruction to vision at street intersection. At all street intersections
in all districts, no obstruction to vision, including vegetation,
exceeding 30 inches in height above curb level shall be erected or
maintained on any lot within the triangle formed by the street lines
of such lot and a line drawn between points along such street lines
30 feet distant from their point of intersection.
B.
Rear and side yards. On a corner lot, front yards are required on
both street frontages, and one yard other than the front shall be
deemed to be a rear yard and the other a side yard.
A.
Electric vehicle service equipment (also called electric vehicle
charging stations). In districts where permitted, electric vehicle
service equipment (EVSE) shall conform to the following standards,
which shall be regarded as minimum requirements.
B.
Applicability and permits required.
(1)
EVSE installed for private use with a Level 1 or 2 charging level
may be permitted in all zoning districts in the Town of Highland when
accessory to the principal permitted use, including one-, two- and
multiple-family residential dwellings.
(2)
Level 1 and Level 2 EVSE may be installed in a residential garage
or similar accessory residential structure in all zoning districts
with a building permit and the supplemental EVSE worksheet.
(3)
EVSE installations for public use with Level 2 or Level 3 charging
levels may be permitted in the Hamlet Commercial (H-C) Zoning District
as either a principal or accessory use with site plan approval.
C.
Fees. Except for one-family residential dwellings, EVSE owners are
not restricted from collecting a service fee for the use of EVSE made
available to residents (in the case of two- and multiple-family dwellings)
and employees and their guests, so long as the equipment is not offered
for public access. Collection of fees for the use of EVSE in residential
two-family or multiple-family dwellings within these limitations shall
not affect the zoning land use classification of properties where
EVCS are installed as accessory uses.
D.
Standards for electric vehicle charging stations.
(1)
Parking spaces and design.
(a)
Except for residential use, EVSE spaces shall be reserved for
parking and charging of electric vehicles only.
(b)
Parking spaces devoted to EVCS should allow sufficient space
for the EV supply equipment and for the operator to stand in front
of the vehicle and access the charging inlets at the front or sides
of the vehicle.
(c)
For public EVSE installations, the first charging station on
the site should be meet ADA guidelines for accessibility, including
proximity to the building entrance with an accessible pathway, and
sufficient space to maneuver a wheelchair near the EV charging equipment
and at the sides of the vehicle. The ground surface should be firm
and smooth, with a slope of no more than 2% in any direction. If wheelstops
are used, they should be short so as not to impede access for persons
using wheelchairs or walkers.
(2)
Lighting. Adequate site lighting shall be provided.
(3)
Signage.
(a)
Information identifying voltage and amperage levels or safety
information must be posted for all EVCS.
(b)
Except for residential use, the following must be adhered to:
[1]
Each electric vehicle charging space shall be posted with signage
indicating the space is only for electric vehicle charging purposes.
[2]
Charging fees should be clearly stated.
[3]
Days and hours of operations shall be clearly stated if the
EVSE owner is enforcing time limits or tow-away provisions.
[4]
A phone number or other contact information shall be provided
on the charging station equipment for reporting when the equipment
is not functioning or other problems are encountered.
(4)
Equipment for EVSE shall comply with the following:
(a)
Where EVSE is located adjacent to pedestrian circulation areas,
such as a sidewalk or accessible route to the building entrance, the
equipment must not interfere with pedestrian travel or create trip
hazards.
(b)
Charging station outlets and connectors shall be no less than
36 inches or no higher than 48 inches from the top of the surface
where mounted and shall contain a retraction device or a place to
hang cords and connectors above the ground surface. This requirement
shall not apply to residential EVSE installed within an enclosed structure.
(c)
Equipment shall be protected by concrete-filled bollards. Bollards
should be placed no less than three feet apart and no more than five
feet apart. Wheel stops or curbing may be used in lieu of bollards,
if the charging station is set back a minimum of 24 inches from the
face of the curb. For publicly accessible EVSE, wheelstops, curbing
and/or bollards must be designed and located to permit access for
persons with disabilities according to ADA requirements. This requirement
shall not apply to residential EVSE installed within an enclosed structure.
(d)
Equipment shall be maintained in all respects, including the
functioning of the charging equipment, and shall be the responsibility
of the property owner.
A.
Permitted obstructions. Cornices or cantilevered roofs may project
not more than three feet into a required yard. Window sills and other
ornamental features may project not more than six inches into a required
yard. Fences or walls of any height may be erected anywhere on the
lot, except as set forth in this section. Fences or walls with a height
in excess of 6 1/2 feet shall require a building permit.
B.
Entry porches. An unroofed and unenclosed projection in the nature
of an entry, not more than eight feet wide and extending not more
than six feet out from the front wall of the building, shall be exempt
from front yard requirements when the building otherwise complies
with all other yard restriction of this chapter.
A.
Unimproved lots. A lot owned individually and separately and separated
in ownership from any adjoining tracts of land on the effective date
of this chapter, which has a total lot area or lot width less than
prescribed in this chapter, may be used for the zoned use of the property,
provided such lot shall be developed in conformity with all applicable
district regulations other than the minimum lot area, lot width and
side yards. Existing small lots meeting the above stipulations shall
comply with the following:
(1)
For single-family dwellings only, where applicable.
|
For Lots in Width
(in feet)
|
Minimum of One Side Yard Shall Be
(in feet)
|
Total Minimum of Both Side Yards Shall Be
(in feet)
| |
|---|---|---|---|
|
Greater Than
|
But Less Than
| ||
|
90
|
120
|
20
|
40
|
|
80
|
90
|
12
|
35
|
|
60
|
89
|
10
|
27
|
|
49
|
60
|
7 1/2
|
No less than 1/3 of lot width
|
(2)
Improved lots. An existing improved lot owned individually and separately
and separated in ownership from any adjoining tract of land on the
effective date of this chapter which has an existing lot area, width,
depth and/or setbacks less than prescribed in this section, including
any lot that became deficient by reason of any governmental condemnation,
or "taking" of a portion of said lot or any building damaged more
than 50% as stipulated in section, may be used for the zoned use of
the property, provided such lot shall be developed in conformity with
all applicable district regulations other than the existing deficient
lot area, lot width, lot depth and/or setbacks, However, any new addition
to the "footprint" of the main building in regards to increasing the
length, depth or height of the main building shall comply with Schedule
1: Area and Bulk Regulations[1] as to setbacks, height and all other requirements in effect at that time. This applies to both principal and accessory type buildings and structures as stipulated in the Schedule 1 "Area and Bulk Regulations" except as may be required in Article IV of this chapter.
[1]
Editor's Note: Schedule 1: Area and Bulk Regulations Table is included as an attachment to this chapter.
An establishment where no more than 75,000 barrels of New York
State labeled beer is manufactured annually (minimum of 50 barrels).
New York State labeled beer is made with no less than a certain percentage,
by weight as set forth in Alcoholic Beverage Control Law § 3,
Subdivision 20-d, of its hops grown in New York State and no less
than a certain percentage, by weight, of all of its other ingredients,
excluding water, grown in New York State. In addition to the manufacture
of beer, a farm brewer is authorized to perform the following activities
on the premises:
A.
Sale and distribution of beer.
(1)
Sell in bulk beer manufactured by the farm brewer to any person licensed
to manufacture alcoholic beverages in this state;
(2)
Sell or deliver beer manufactured by the farm brewer to persons outside
the state pursuant to the laws of the place of such delivery;
(3)
Sell beer manufactured by the farm brewer to wholesalers and retailers
licensed in this state to sell beer, licensed farm distillers, licensed
farm wineries, licensed farm cideries, and any other licensed farm
brewery;
(4)
Sell at the premises beer manufactured by the farm brewer, or any
other licensed farm brewery, at retail for consumption on or off the
premises; and
(5)
Total off-site sales and distribution of beer shall not exceed 49%
of the total gross product produced on-site annually subject to State
Alcoholic Beverage Control Laws. Off-site sales and distribution of
beer in excess of this shall be defined as a distribution facility
and shall not be permitted herein.
B.
Conduct tastings at the premises of beer manufactured by the farm
brewer or any other licensed farm brewery.
C.
Operate a restaurant, hotel, catering establishment, or other food
and drinking establishment in or adjacent to the premises and sell
at such place, at retail for consumption on the premises, beer manufactured
by the farm brewer and any New York State labeled beer.
D.
Manufacture, bottle, and sell food condiments and products such as
mustards, sauces, hop seasonings, beer nuts, and other hops- and beer-related
foods in addition to beer and hops soaps, hop pillows, hop wreaths
and other such foods and crafts on and from the premises.
E.
Store and sell gift items in a tax-paid room upon the premises incidental
to the sale of beer. These items shall be limited to the following
categories;
(1)
Nonalcoholic beverages;
(2)
Food items for the purpose of complementing beer tastings, which
shall mean a diversified selection of food that is ordinarily consumed
without the use of tableware and can be conveniently consumed while
standing or walking;
(3)
Food items, which shall include locally produced farm products and
any food or food product not specially prepared for immediate consumption
upon the premises;
(4)
Beer supplies and accessories, which shall include any items utilized
for the storage, serving, or consumption of beer or for decorative
purposes;
(5)
Beer-making equipment and supplies; and
(6)
Souvenir items, which shall include, but not be limited to, artwork,
crafts, clothing, agricultural products, and any other articles which
can be construed to propagate tourism within the region; and
F.
Conduct tours of the premises.
G.
No more than 75% of the total gross floor space of the establishment
shall be used for the brewery function, including, but not limited
to, the brew house, boiling and water treatment areas, bottling and
kegging lines, malt milling and storage, fermentation tanks, conditioning
tanks and serving tanks.
H.
All mechanical equipment visible from the street or an adjacent residential
use shall be screened using architectural features consistent with
the principal structure.
I.
Access and loading bays are discouraged from facing toward any street.
J.
Access and loading bays facing any street or adjacent residential
use shall have the doors closed at all times, except during the movement
of raw materials, other supplies and finished products into and out
of the building.
K.
Service trucks for purpose of loading and unloading materials and
equipment shall be restricted to between the hours of 8:00 a.m. and
8:00 p.m., Monday through Saturday, and between 11:00 a.m. and 7:00
p.m. on Sundays and national holidays.
A.
All buildings, whether of conventional site-built construction or
not, must be installed on foundations, piers, or slabs which meet
the requirements of the New York State Uniform Fire Prevention and
Building Code. All structures must be securely anchored to the foundation
system. When a habitable structure is supported by other than a continuous
wall or is directly on a slab, the space between the structure and
the ground or the slab must be suitably enclosed around the entire
periphery of the structure. Suitable ventilation of the enclosed space
must be provided.
(1)
All modular, manufactured, and conventional site-built housing constructed
over a crawl space shall have a vapor barrier with a minimum of a
two-inch concrete surface in the crawl space with a forty-two-inch
vertical space.
(2)
All dwellings are required to have frost footings and foundations
with not less than forty-two-inch depth below the finished grade,
except foundations designed by a licensed engineer.
(3)
Garages, trailer slabs and accessory buildings may be constructed
on floating slabs when the edges are reinforced with two No. 5 steel
reinforcement bars in a twelve-inch-wide thickened edge (twice the
slab thickness) with a six-inch crushed stone subbase and vapor barrier.
(4)
Trailers shall be positioned on concrete slabs which extend six inches
beyond the limits of the trailer. The slabs shall have thickened edges
and be a minimum of four inches thick over a vapor barrier and four
inches of crushed stone. The areas where supporting piers are placed
on the slab shall be thickened and reinforced.
B.
Stairs, steps, porches, etc., must meet the standards of the New
York State Uniform Fire Prevention and Building Code and be so anchored
to the structure and/or the foundation or slab as to assure their
safe usage.
B.
Owner or occupant to be present. The owner or tenant of the premises
where the sale is held must be present on the premises during this
sale.
C.
Advertising and signs.
(1)
Garage sales may be advertised through the newspaper or other media.
(2)
A sign no larger than two feet by two feet may be installed on the
property where the sale is being conducted. The sign shall be displayed
no sooner than two weeks prior to the sale, and shall be removed within
24 hours after the sale is concluded.
A.
Purpose and intent. It is the purpose and intent of this section
to provide for the development of guest homes on lots with existing
one-family dwellings for use by owners or guests of the primary one-family
dwelling without the need for a two-lot subdivision approval.
B.
Approvals required.
(1)
No guest home shall be constructed, reconstructed, modified or operated in the Town of Highland without first obtaining a special use permit in accordance with Article VIII of this chapter, and in compliance with the following standards and conditions.
(2)
Subdivision approval shall not be required for a guest home, provided
the guest home remains under the same ownership as the associated
primary one-family dwelling.
C.
Zoning districts. Guest homes shall only be permitted in the Residential
District (R-1), Residential-Agricultural District (R-2) and Washington
Lake Resort District (WLRD) Zoning Districts.
D.
Minimum lot area required. Guest homes shall only be permitted on
lots having acreages twice the size required for a one-family dwelling
in the applicable zoning district as follows:
E.
Standards and requirements. All guest homes shall comply with the
following:
(1)
Not more than one guest home shall be located on a buildable lot
area based on a calculation of the qualifying lot acreage that is
able to fully meet the current lot requirements of the district, and
as such the guest home should have the ability to be subdivided in
the future.
(2)
Guest homes are prohibited on lots where two-family, multiple-family
or an accessory dwelling exists.
(3)
Guest homes shall be sited on a lot in such a manner that would allow
for the future subdivision of the guest home from the primary dwelling
and meet all required lot widths and depths along with front, rear
and side yard setbacks and lot coverage percentage.
(4)
For purposes of the design and layout of a guest home, the general site requirements and lot design requirements set forth in §§ 160-15 and 160-16 of the Town of Highland Subdivision regulations respectively, shall be complied with to ensure the guest home will be designed and sited in such a manner as to permit a future two-lot subdivision.
(5)
Guest homes shall be serviced by electric, telecommunications, and
water and sewage systems that are separate from the primary dwelling.
(6)
Guest homes shall be accessible by either a separate or shared driveway with the primary dwelling and the driveway shall be constructed in accordance with § 160-21, Road access, of the Town of Highland Subdivision regulations.
(7)
The conversion of an existing detached accessory structure into a
guest home, including, but not limited to, a garage or barn, shall
be permitted provided all provisions of this section are complied
with.
F.
Future subdivision.
(1)
A guest home approved and constructed in accordance with this chapter shall not be sold or conveyed without first obtaining subdivision approval pursuant to the requirements of Chapter 160, Subdivisions, of the Town of Highland Code.
(2)
A guest home approved and constructed in accordance with this chapter
shall not guarantee future subdivision approval.
G.
Applications. In addition to the application requirements for site
plan and special use permits set forth in this chapter, the following
additional items shall be required for a complete application:
(1)
A plan depicting the following:
(a)
Lot lines of the lot upon which the proposed guest home is to
be located drawn to scale.
(b)
All required setbacks.
(c)
Locations of and distances to the existing primary dwelling
and associated accessory structures.
(d)
Locations of existing and proposed on-site or public water and
sewage systems, electrical and telecommunications infrastructure and
driveways.
(2)
Such other reasonable information as may be requested by the Planning
Board for consideration of the guest home application.
A.
Home occupations include, but are not limited to, the following:
skilled or professional craftsperson, artist, dressmaker, offices
of clergy, real estate, a lawyer, physician, dentist, architect, engineer,
accountant, barber, hairdresser, carpenter, plumber, electrician,
teacher of music, and/or dancing, day care or studios where dancing
or music instruction is offered to groups not exceeding 10 pupils
at any one time. A home occupation shall not be construed to include
such uses as the following: clinic or hospital, restaurant, concert
or recital studios, animal hospitals, dog kennel, auto mechanical
works or auto repairs.
B.
Additional regulations for home occupations are as follows:
(1)
No display of goods shall be visible from the street.
(2)
Such office or occupation shall be carried on in an area not exceeding
50% of the main floor area of the principal building.
(3)
Such office or occupation shall be incidental to the principal use
of the premises and must be carried on in the principal building by
a resident therein with not more than one nonresident assistant or
employee.
(4)
At no time shall any premises be used in such a manner to cause the
emission therefrom of any offensive or noxious odors, vapors, fumes,
glare, dust, smoke, gas, vibration, noise or radiation, or be used
in such a manner as to cause injury, annoyance, or disturbance to
any of the surrounding properties or to their owners or occupants.
(5)
Equipment capable of causing interference with radio or television
reception in the neighborhood shall be prohibited.
(6)
One identification sign is permitted on the premises no larger than
six square feet.
(7)
Parking regulations as set forth in this chapter shall be met.
A.
Where a lot has frontage on two or more streets or other public rights-of-way,
the height limitation shall apply only as measured from the curb level
along the street or right-of-way with a higher elevation above sea
level.
B.
Structures such as chimneys, flues, private home antennas, flagpoles,
spires, belfries, and skylights shall be exempt from height limitations
provided they occupy not more than 20% of the roof area. Barns and
silos are also exempt from height limitations.
C.
Freestanding antennas not over 80 feet in height are permitted, providing
they comply with this section and Schedule 1: Area and Bulk Regulations.[1]
[1]
Editor's Note: Schedule 1: Area and Bulk Regulations is included as an attachment to this chapter.
A.
Individual mobile homes shall be subject to the New York State Uniform
Fire Prevention and Building Code requirements, as they apply. No
person shall park a mobile home which does not meet state construction
standards on any public or private property.
B.
Standards.
(1)
The minimum habitable dwelling area shall be at least 500 square
feet.
(2)
All mobile homes shall be situated on a slab, pier, or a foundation.
The foundation and the area up to the floor level of the mobile home
shall be screened from view from the street and from surrounding properties
by skirting.
(3)
Trailers shall be positioned on concrete slabs which extend six inches
beyond the limits of the trailer. The slabs shall have thickened edges
and be a minimum of four inches thick over a vapor barrier and four
inches of crushed stone. The area where supporting piers are placed
on the slab shall be thickened and reinforced.
C.
Mobile home parks shall be prohibited.
A.
All open portions of any lot shall have adequate grading and drainage,
and shall be continuously maintained in a dust-free condition and
protected against erosion with suitable plantings of trees, shrubs,
or ground cover.
B.
Where a permitted use in a Hamlet Commercial District is not subject
to site plan review by the Planning Board, the Code Enforcement Officer
shall consider site plan review criteria of this chapter prior to
the issuance of a building permit.
C.
Outdoor, uncovered storage areas in excess of 500 square feet shall
be required to be adequately screened so as materials stored therein
are not be visible from adjacent residential uses, public lands, and/or
public rights-of-way.
A.
It is recognized that people have a right to and should be ensured
an environment free from excessive noise that may jeopardize their
health, safety or welfare or degrade the quality of life.
B.
AMBIENT NOISE
DAYTIME HOURS
DECIBEL
DOMESTIC POWER EQUIPMENT
EMERGENCY
EMERGENCY VEHICLE
EMERGENCY WORK
MOTOR VEHICLE
MUFFLER
NIGHTTIME HOURS
NOISE CONTROL OFFICER(S)
PERSON
PREMISES
PROPERTY LINE
SOUND LEVEL METER
Definitions.
The all-encompassing noise associated with a given environment,
being a composite of sounds from many sources near and far.
The hours between 7:00 a.m. and 10:00 p.m., Monday through
Friday, and the hours 8:00 a.m. through 10:00 p.m. on weekends.
The practical unit of measurement for sound pressure level;
the number of decibels of a measured sound is equal to 20 times the
logarithm to the base 10 of the ratio of the sound pressure of the
measured sound to the sound pressure of a standard sound (20 micropascals),
abbreviated dB. The abbreviation dB(A) shall refer to readings taken
on the A-weighted scale.
Includes, but is not limited to, power saws, drills, grinders,
lawn and garden tools and other domestic power equipment intended
for use in residential areas by a homeowner.
Any occurrence or set of circumstances involving actual or
imminent physical trauma of property damage which demands immediate
action.
Any motor vehicle authorized to have sound warning devices
such as sirens and bells which can lawfully be used when responding
to an emergency.
Work made necessary to restore property to a safe condition
following an emergency, or work required to protect persons or property
from exposure to imminent danger.
Any vehicle which is propelled or drawn on land by a motor,
such as, but not limited to, passenger cars, trucks, truck-trailers,
semi-trailers, campers, go-carts, snowmobiles, amphibious craft on
land, dune buggies, motorcycles, ATVs or racing vehicles, trail bikes
or mini-bikes.
A device for abating sounds such as the exhaust of an internal
combustion engine.
The hours between 10:00 p.m. and 7:00 a.m., Sunday evenings
through Friday mornings, excepting weekends when "nighttime hours"
shall mean the hours between 10:00 p.m. and 8:00 a.m. Friday and Saturday
evenings through Sunday mornings.
A municipal employee proficient in the use of sound level
meters, the Code Enforcement Officer, Town Constable, or other police
officer.
Any individual, firm, partnership, association, syndicate,
company, trust, corporation, municipality, agency or political or
administrative subdivision of the state or other legal entity of any
kind.
Any building, structure, land or portion thereof, including
all appurtenances, and shall include yards, lots, courts, inner yards
and real properties without buildings or improvements, owned or controlled
by a person.
That real or imaginary line along the ground surface and
its vertical extension which (a) separates real property owned or
controlled by any person from contiguous real property owned or controlled
by another person, and (b) separates real property from public right-of-way.
An instrument for the measurement of sound levels conforming
to ANSI Type I and II standards.
C.
General prohibition. Noise shall not exceed 70 decibel dB(A) scale
of standard sound level meter in intensity as measured at the boundary
of the lot during the daytime hours and shall not exceed 60 decibels
during the nighttime hours.
D.
Prohibited noise. The following acts, among others, are declared
to be loud, disturbing and unnecessary noises in violation of this
chapter, but said enumeration shall not be deemed to be exclusive,
namely:
(1)
Any noise created with the intent to annoy, harass, disturb, or otherwise
provoke adjoining property owners and others.
(2)
The operation of any audio devices or use of any musical instrument
in such a manner or with such volume as to annoy or disturb the quiet,
comfort, or repose of persons in any dwelling, campground, hotel or
other type of residence.
(3)
The keeping of any animal or bird which shall disturb the comfort
of repose of any person in the vicinity by causing repetitive noise
in excess of 30 minutes.
(4)
The use of any automobile, motorcycle, trail bike, ATV, mini-bike,
snowmobile or other vehicle so loaded or in such a manner as to create
loud and unnecessary grating, grinding, rattling or other noise.
(5)
The blowing of any whistle except to give notice of time to begin
or stop work or as a warning of danger.
(6)
The discharge into the open air of the exhaust of any steam engine,
stationary internal combustion engine, or motor vehicle engine, except
through a muffle or other device which will effectively prevent loud
or explosive noises therefrom.
E.
Permitted noise. The following uses, activities and sounds shall
not be deemed to be a violation of this chapter:
(1)
Sounds created by church bells or chimes.
(2)
Sounds created by any government agency by the use of public warning
devices or in the discharge of their government function.
(3)
Sounds created by lawn mowers and domestic power equipment between
the hours of 7:00 a.m. and 10:00 p.m., prevailing time, weekdays,
and 8:00 a.m. and 10:00 p.m., prevailing time, weekends.
(4)
Sounds created by public utilities in carrying out operation of their
franchises.
(5)
Sounds connected with sporting events of any public or private school.
(6)
Sounds on private property which do not carry beyond the boundary
lines of the property on which they are created.
(7)
Noises not directly under the control of the property users.
(8)
Noises emanating from construction and maintenance activities between
7:00 a.m. and 10:00 p.m.
(9)
The noises of safety signals, warning devices, emergency pressure
relief valves or other emergency warning signals.
(10)
Transient noises of moving sources, such as automobiles, trucks,
airplanes and railroads.
(11)
Sounds associated with holiday parades and festivals.
A.
Off-street parking requirements. Off-street parking space open or
enclosed are permitted, subject to the following provisions:
(1)
Schedule of parking requirements. Accessory off-street parking spaces,
open or enclosed, shall be provided for any use specified below. Any
land which is developed as a unit under single ownership and control
shall be considered as a single lot for the purpose of these parking
regulations. Reasonable and appropriate off-street parking requirements
for buildings and uses which do not fall within the categories listed
below shall be forwarded by the CEO to the Planning Board for consideration
of all factors entering into the parking needs of each such use. A
one-day event such as, but not limited to, weddings, fishing tournaments,
sporting events, chamber functions, and fundraisers shall be exempt
from these regulations as they are temporary in nature.
|
Use
|
Minimum Parking Spaces
|
|---|---|
|
One- or two-family dwelling
|
2 per dwelling unit
|
|
Multiple-family dwellings
|
1 1/2 per dwelling unit
|
|
Hotels, motels and bed-and-breakfasts
|
1 per guest room plus 1 for each employee
|
|
Home occupations, except physicians or dentists
|
3 spaces per each home occupation or professional office
|
|
Office or clinic for physician or dentist
|
5 spaces per each physician or dentist plus 1 space for each
employee
|
|
Bowling alleys
|
5 per alley, plus 1 for each employee
|
|
Places of worship, libraries and other public buildings
|
1 space per 200 square feet of floor area, but not less than
1 space for each 5 seats where provided
|
|
Private elementary schools
|
1 spaces per classroom plus 1 space for each 5 seats in any
auditorium or place of assembly
|
|
Private secondary schools
|
4 spaces per classroom, plus 1 space for each 5 seats in any
auditorium or place of assembly
|
|
Retail and services
|
1 space per 250 square feet of publicly accessible floor space
plus 1 space for each employee
|
|
Restaurants and drinking establishments
|
1 space for each 3 seats or per 3 persons accommodated at capacity
|
|
Amusement facilities except bowling alleys
|
1 space for each 5 patrons plus 1 for each employee
|
|
Industrial establishments
|
1 space for each employee
|
|
Offices
|
1 for each 200 square feet of floor area
|
|
Golf course and other country clubs
|
1 space per member
|
|
Auditorium, convention hall, gymnasium, theater, studio or other
place of public assembly not otherwise classified
|
1 space per three seats or per 40 square feet of seating floor
area where fixed seating is not provided
|
(2)
Areas computed as parking space. Areas which may be computed as open
or enclosed off-street parking space include any private garage, carport,
or other area available for parking, other than a street or driveway.
However, a driveway within a required front yard for a one-family
dwelling may count as one parking space.
(3)
Size of spaces. Two hundred square feet shall be considered one parking
space exclusive of entrance and exit lanes and maneuvering aisles.
Minimum parking stall width shall be nine feet zero inches.
(4)
Access. Unobstructed access to and from a street shall be provided.
Such access shall consist of at least one ten-foot lane for parking
areas with less than 12 spaces and at least two ten-foot lanes for
over 12 spaces. No entrance or exit for any off-street parking area
shall be located within 50 feet of any street intersection.
(5)
Drainage and surfacing. All open parking areas shall be provided
with a dustless surface, except for parking spaces accessory to a
one-family or two-family dwelling.
(6)
Joint facilities. Required parking spaces, open or enclosed, may
be provided in spaces designed to serve jointly two or more establishments
whether or not located on the same lot provided that the number of
required spaces in such joint facilities shall be not less than the
total required for all such establishments.
(7)
Combined spaces. When any lot contains two or more uses having different
parking requirements, the parking requirements for each use shall
apply to the extent of that use. Where it can be conclusively demonstrated
that one or more such uses will be generating a demand for parking
spaces primarily during periods when the other use or uses is not
or are not in operation, the Planning Board may reduce the total parking
spaces for that use with the least requirement.
(8)
Location. Required accessory parking spaces, open or enclosed, shall
be provided upon the same lot as the use to which they are accessory.
(9)
On lots divided by district boundaries. When a parking lot is located
partly in one district and partly in another district, the regulations
for the district containing the use shall apply to all of the lot.
Parking spaces on such a lot may be located without regard to district
lines, provided that no such parking spaces shall be located in any
R-1 or R-2 District unless the use to which they are necessary is
permitted in such district or upon approval of the Planning Board.
(10)
This subsection articulates standards for conditions under which
a waiver or exception from the general parking requirements may be
allowed by the Planning Board.
(a)
If the applicant believes that the required number of parking
spaces is in excess of what is needed for the proposed use, the applicant
may submit a request with justification to the Planning Board for
a waiver or exception from the parking space requirements. The Planning
Board may require the submission of a parking demand analysis as part
of any request for a waiver or exception from the general parking
requirements.
(b)
The Planning Board may authorize a waiver or exception from
the number of otherwise required parking spaces, not to exceed a 30%
reduction based upon the following criteria:
[1]
The likelihood that parking will be shared with adjoining facilities,
the impact of daily peak visitation or use periods on demand and the
hours of operation as compared to other neighborhood activities.
[2]
Regional and local studies of area businesses' parking needs,
reflective of the particular business and for the type of use proposed
or actual case-study comparisons for projects of similar character.
The Planning Board may require the developer or applicant to gather
and submit such data in support of its proposed parking provisions.
[3]
The expected occupancy rates, traffic levels and numbers of
employees in connection with any enterprise and the degree to which
these directly relate to parking requirements.
[4]
The use of pervious surfacing to reduce stormwater impacts is
encouraged and may be considered in lieu of paved parking.
[5]
The availability of reserve areas designated on the site plan
for future parking development in the event of demonstrated need,
as determined and directed by the Code Enforcement Officer or Planning
Board. The intent of this subsection is to allow some flexibility
in the timing of the provision of parking, where the Planning Board
has determined there is some uncertainty as to the parking demand
for a particular use, and the immediate provision of parking would
require significant alteration of natural topography or disturbance
to wooded sites. Where the Planning Board determines the immediate
use of any property may not require the full initial improvement of
all off-street parking, the Planning Board may waive the initial improvement
of not more than 30% of the required number of spaces, provided the
total number of parking spaces is shown on the approved plan. The
initially unimproved area shall be reserved for future use, although
the Planning Board may require said area be graded for parking in
accordance with the approved plan. All such reserve lands, if graded,
shall be landscaped in accordance with the approved landscaping plan
until the reserved spaces may be required to be improved. Reserved
spaces shall be improved within six months of the date of written
notice from the Planning Board that such spaces have been determined
to be necessary. Appropriate written guaranties to the above shall
be provided by the owner and approved by the Town Attorney. The Planning
Board may also require a performance guaranty or other surety be posted
to ensure the completion of said reserve parking.
[6]
The Planning Board shall be satisfied that any modification
of parking requirements: i) will not adversely affect traffic flow
on the site; ii) will leave adequate parking for all of the reasonably
anticipated uses or occupancies of the project; and iii) will not
otherwise adversely affect the general welfare of the community.
B.
Regulations for parking spaces adjacent to lots in any R-1 or R-2
District.
(1)
Whenever a parking area or lot of over five spaces abuts or is within
15 feet of the side or rear lot line of a lot in any WLRD, R-1 or
R-2 District, the said parking area or lot shall be screened from
such adjoining lot by a substantial wall, fence, or thick hedge, approved
by the Planning Board. Generally, such screen shall be not less than
five or more than eight feet in height.
(2)
Whenever a parking area or lot of over five spaces is located across
the street from other land in any WLRD, R-1 or R-2 District, it shall
be screened from view of such land by a thick hedge, wall, or fence
approved by the Planning Board, not less than 30 feet from either
line; such screening to be interrupted only at points of ingress and
egress. No such screening shall be less than four feet in height.
Two identification and directional signs located on the street side
of such screening shall be permitted; however, they shall not exceed
an area of three square feet each.
C.
Commercial vehicles.
(1)
Up to three commercial vehicles exceeding 18,000 pounds' gross weight
may be parked on an occupied lot in all districts without a special
use permit, but not within the required yards of such lot and in no
case between the street line and the principal building. Such vehicles,
when parked, must have their engines and refrigeration units, if any,
off. More than three commercial vehicles shall require a special use
permit and the Planning Board shall determine the appropriate number
of vehicles based upon lot area, screening, hours of operation, length
of stay for the parked vehicles, and any other reasonable requirements
in accordance with this chapter. Campgrounds and boat liveries shall
be exempt from the vehicle limitations outlined in this section provided
such vehicles are associated with facility maintenance or the transportation
of patrons, and all other requirements of the zoning law are met.
(2)
Commercial farm vehicles are permitted as accessory to a commercial
farm use in all districts and are exempt from parking regulations.
(3)
Boats and boat trailers may be stored in well-screened commercial
storage lots and/or campgrounds.
D.
Trailers, boat trailers and recreational vehicles.
(1)
The storage or parking and use of any type of trailer except for
recreational vehicles, boat trailers, utility trailers, machinery
trailers, and landscape trailers, by any person or persons is hereby
prohibited in all districts except:
(a)
Residential lots.
[1]
Not more than two of the above mentioned trailer types may be
stored on an occupied residential lot in any district.
[2]
Such permitted trailer(s) shall be parked or stored only in
a side or rear yard of such lot. The recreational vehicle and/or boat
trailer shall not be parked or stored in the area between the street
line and the principal building line. These requirements shall not
apply to waterfront properties. All parking and storage of recreational
vehicles and/or boat trailers shall maintain all required setbacks
from adjacent property lines regardless of district or property location/siting.
[3]
Temporary parking of more than permitted number of recreational
vehicles or other above noted trailers shall be permitted on an occupied
residential lot with the knowledge and consent of the owner of the
premises for a period not exceeding 72 hours. Such recreational vehicle(s)
and/or trailer(s) may be parked in a driveway, side yard, or rear
yard provided such recreational vehicles or boat trailers are a minimum
of five feet from any property line.
[4]
A recreational vehicle placed within a Special Flood Hazard
Zone as identified by FEMA must meet anchoring requirements for manufactured
homes unless it is on site for less than 180 days, and is fully licensed
and ready for highway use (attached wheels and/or jacking system and
no attached additions).
(b)
Nonresidential lots.
A.
Any use which is noxious, offensive, or objectionable by reasons
of the emission of smoke, dust, dirt, gases, odor, or other form of
air pollution or by reason of the deposit, discharge, or disposal
of liquids or solid wastes in any form in a manner or amount as to
cause damage to the soil and streams or to adversely affect the surrounding
areas, or by reason of the creation of noise, vibration, or other
disturbance or by reason of illumination on or from which such light,
glare or light reflection emanates, or which involves any dangerous
fire, explosive, radioactive, or any other hazards, or electrical,
disturbances, electromagnetic disturbances, heat, which causes injury,
annoyance or disturbance to any of the surrounding properties or to
their owners and occupants, and any other process or use which is
unwholesome and may be dangerous or prejudicial to health, safety
or general welfare. However, vegetative spraying and dusting in compliance
with industry and DEC standards is permitted.
B.
Flea markets are prohibited in all districts, except those which
are Town-sanctioned or sponsored by tax exempt or nonprofit organizations.
C.
Junkyard or landfills, unless established as an official Town landfill,
and duly licensed as a landfill by the Town Board, state, or other
governmental agency having jurisdiction, Any property which does not
comply with the above and shall be deemed by the Town Board as detrimental
to the health, safety or welfare of the Town shall be removed or cleaned
up to the satisfaction of the Town Board within a period of time designated
by the Town Board. Failure to do so may result in a fine being levied
as set by the Town Board. Junkyards and/or landfills are specifically
prohibited in the URDC.
D.
Stream channelization and/or other waterbody disturbance shall be
prohibited in all districts located within the Designated Delaware
River Corridor.
E.
Sewage treatment plants shall be prohibited in all districts located
within the Designated Delaware River Corridor.
F.
Power-generating facilities shall be prohibited in all districts
located within the Designated Delaware River Corridor.
G.
Major electric lines shall be prohibited in all districts located
in the Designated Delaware River Corridor.
H.
Children's camps as defined.
A.
Explicitly prohibited uses. The following uses and activities (being respectively defined in Subsection D below of this section) are hereby expressly and explicitly prohibited in each and every zoning district within the Town, and no building or structure shall be created, altered or erected, and no body of water, land or building thereon shall be used, for any of such uses or activities:
(1)
High-impact industrial uses, including, but not limited to, any of
the following:
(a)
Natural gas and/or petroleum exploration activities;
(b)
Natural gas and/or petroleum extraction activities;
(c)
Natural gas and/or petroleum extraction, exploration or production
wastes disposal/storage facility;
(d)
Injection well;
(e)
Land application facility;
(f)
Natural gas and/or petroleum extraction, exploration or production
wastes dump;
(g)
Natural gas compression facility;
(h)
Natural gas processing facility;
(i)
Nonregulated pipelines;
(j)
Underground injection; and
(k)
Underground natural gas storage.
(2)
Any condition caused or permitted to exist in violation of this Subsection A is a threat to public health, safety and welfare, and is hereby declared and deemed to be a nuisance. Collectively the above expressly prohibited uses may be referred to in this chapter as "explicitly prohibited uses;" any one of the above expressly prohibited uses may be referred to in this chapter as an "explicitly prohibited use;" and any combination of more than one such use may also be referred to as "explicitly prohibited uses."
B.
Prohibition against natural gas and/or petroleum extraction, exploration
or production wastes.
(1)
The Town of Highland hereby exercises its authority and right under
New York Environmental Conservation Law § 27-0711 to adopt
a local law that is consistent with the Environmental Conservation
Law Article 27, such consistency demonstrated by the fact that this
section complies "with at least the minimum applicable requirements"
set forth in such statute, and the rules and regulations promulgated
pursuant to said Article 27.
(2)
It shall be unlawful for any person to produce, store, inject, discard,
discharge, dispose, release, or maintain, or to suffer, cause or permit
to be produced, stored, injected, discarded, discharged, disposed,
released, or maintained, anywhere within the Town, any waste from
natural gas and/or petroleum extraction, exploration or production.
C.
No application to customary local distribution lines, etc. The prohibitions
set forth above in this section are not intended, and shall not be
construed, to:
(1)
Prevent or prohibit the right to use roadways in commerce or otherwise
for travel;
(2)
Prevent or prohibit the transmission of natural gas through utility
pipes, lines, reduction stations, or similar appurtenances for the
limited purpose of supplying natural gas to residents of or buildings
located in the Town; or
(3)
Prevent or prohibit the incidental or normal sale, storage, or use
of lubricating oil, heating oil, gasoline, diesel fuel, kerosene,
or propane in connection with legal agriculture, residential, business,
commercial, and other permitted uses within the Town.
D.
BELOW REGULATORY CONCERN
GATHERING LINE or PRODUCTION LINE
HIGH-IMPACT INDUSTRIAL USES
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(2)
(a)
(b)
(c)
INJECTION WELL
LAND APPLICATION FACILITY
NATURAL GAS
NATURAL GAS AND/OR PETROLEUM EXPLORATION ACTIVITIES
NATURAL GAS AND/OR PETROLEUM EXTRACTION ACTIVITIES
NATURAL GAS AND/OR PETROLEUM EXTRACTION, EXPLORATION OR PRODUCTION
WASTES
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(2)
NATURAL GAS AND/OR PETROLEUM EXTRACTION, EXPLORATION OR PRODUCTION
WASTES DISPOSAL/STORAGE FACILITY
NATURAL GAS AND/OR PETROLEUM EXTRACTION, EXPLORATION OR PRODUCTION
WASTES DUMP
NATURAL GAS COMPRESSION FACILITY
NATURAL GAS PROCESSING FACILITY
NONREGULATED PIPELINES
PIPELINE
RADIATION
RADIOACTIVE MATERIAL
SUBSURFACE
TRANSMISSION LINE
UNDERGROUND INJECTION
UNDERGROUND NATURAL GAS STORAGE
WATER; WATER RESOURCES
Defined terms. For purposes hereof, and in addition to the terms defined in Article II of this chapter, the following terms shall have the meanings respectively set forth below:
Radioactive material in a quantity or of a level that is
distinguishable from background (as that phrase is defined at 10 CFR
§ 20.1003), but which is below the regulation threshold
established by any regulatory agency otherwise having jurisdiction
over such material in the Town.
Any system of pipelines (and other equipment such as drip
stations, vent stations, pigging facilities, valve boxes, transfer
pump station, measuring and regulating equipment, yard and station
piping, and cathodic protection equipment) used to move oil, gas,
or liquids from a point of production, treatment facility or storage
area to a transmission line, which is exempt from the Federal Energy
Regulatory Commission's jurisdiction under Section 1(b) of the Natural
Gas Act,[2] and which does not meet the definition of a major utility
transmission facility under the Public Service Law of New York, Article
7, § 120(2)(b).
Land uses which by the very nature in which they are conducted
have the potential to significantly impact the environment, pose a
risk to human health and safety, or disturb or interfere with reasonable
community expectations regarding odors, noise, light, traffic and
water quality. High-impact industrial uses include but are not limited
to what are traditionally considered to be "heavy industrial uses"
and specifically include but are not limited to the following land
uses:
Natural gas and/or petroleum exploration activities;
Natural gas and/or petroleum extraction activities;
Natural gas exploration, extraction, or production wastes disposal
or storage facility;
Injection wells;
Land application facility;
Natural gas exploration, extraction, or production wastes dump;
Natural gas compression facility;
Natural gas processing facility;
Nonregulated pipelines;
Underground injection;
Underground natural gas storage;
Pipelines in the Designated Delaware River Corridor.
For purposes of this chapter, high-impact industrial uses do
not include:
Agriculture use;
Any use that is specifically articulated in this chapter as
allowed by right within an appropriate district as a principal permitted
or accessory use; or
Any use that is specifically articulated in this chapter as
allowed within an appropriate district as a principal permitted or
accessory use upon obtaining a special use permit.
A bored, drilled or driven shaft whose depth is greater than
the largest surface dimension, or a dug hole whose depth is greater
than the largest surface dimension, through which fluids (which may
or may not include semisolids) are injected into the subsurface and
less than 90% of such fluids return to the surface within a period
of 90 days.
A site where any natural gas and/or petroleum extraction,
exploration or production wastes are applied to the soil surface or
injected into the upper layer of the soil.
Methane and any gaseous substance, either combustible or
noncombustible, which is produced in a natural state from the earth
and which maintains a gaseous or rarefied state at standard temperature
and pressure conditions, and/or gaseous components or vapors occurring
in or derived from petroleum or other hydrocarbons.
Geologic or geophysical activities related to the search for natural gas, petroleum or other subsurface hydrocarbons including prospecting, geophysical and geologic seismic surveying and sampling techniques, but only to the extent that such activities involve or employ core, rotary, or any other type of drilling or otherwise making any penetration or excavation of any land or water surface in the search for and evaluation of natural gas, petroleum, or other subsurface hydrocarbon deposits. (Note: as used in this chapter, the term "natural gas and/or petroleum exploration activities" is not intended and shall not be construed to include the conduct of seismic surveys, which are separately defined at, and subject to, the provisions of Chapter 147, Seismic Surveys, of the Code of the Town of Highland.)
The digging or drilling of a well for the purposes of exploring
for, developing or producing natural gas, petroleum or other subsurface
hydrocarbons, including without limitation any and all forms of shale
fracturing related to natural gas and/or petroleum extraction activities.
Any of the following in any form, and whether or not such items
have been excepted or exempted from the coverage of any federal or
state environmental protection laws, or have been excepted from statutory
or regulatory definitions of "industrial waste," "hazardous," or "toxic,"
and whether or not such substances are generally characterized as
waste:
Below-regulatory-concern radioactive material, or any radioactive
material which is not below regulatory concern, but which is in fact
not being regulated by the regulatory agency otherwise having jurisdiction
over such material in the Town, whether naturally occurring or otherwise,
in any case relating to, arising in connection with, or produced by
or incidental to the exploration for, the extraction or production
of, or the processing, treatment, or transportation of, natural gas,
petroleum, or any related hydrocarbons;
Natural gas or petroleum drilling fluids;
Natural gas or petroleum exploration, drilling, production or
processing wastes;
Natural gas or petroleum drilling treatment wastes (such as
oils, frac fluids, produced water, brine, flowback, sediment and/or
any other liquid or semiliquid material);
Any chemical, waste oil, waste emulsified oil, mud, or sediment
that was used or produced in the drilling, development, transportation,
processing or refining of natural gas or petroleum;
Soil contaminated in the drilling, transportation, processing
or refining of natural gas or petroleum;
Drill cuttings from natural gas or petroleum wells; or
Any other wastes associated with the exploration, drilling,
production or treatment of natural gas or petroleum.
This definition specifically intends to include some wastes
that may otherwise be classified as solid wastes which are not hazardous
wastes under 40 CFR 261.4(b). The definition of natural gas and/or
petroleum extraction, exploration or production wastes does not include
recognizable and nonrecognizable food wastes, or waste generated by
agriculture use.
Any of the following:
Land upon which natural gas and/or petroleum extraction,
exploration or production wastes, or their residue or constituents
before or after treatment, are deposited, disposed, discharged, injected,
placed, buried or discarded, without any intention of further use.
Those facilities or combination of facilities that move natural
gas or petroleum from production fields or natural gas processing
facilities in pipelines or into storage; the term shall include equipment
for liquids separation, natural gas dehydration, and tanks for the
storage of waste liquids and hydrocarbon liquids.
Those facilities that separate and recover natural gas liquids
(NGLs) and/or other nonmethane gases and liquids from a stream of
produced natural gas, using equipment for any of the following: cleaning
or stripping gas, cooking and dehydration, residual refinement, treating
or removing oil or condensate, removing water, separating NGLs, removing
sulfur or carbon dioxide, fractionation of NGLs, or the capture of
CO2 separated from natural gas streams.
Those pipelines that are exempt or otherwise excluded from
regulation under federal and state laws regarding pipeline construction
standards or reporting requirements. Specifically includes production
lines and gathering lines.
All parts of those physical facilities through which petroleum,
gas, hazardous liquids, or chemicals move in transportation (including
pipes, valves and other equipment and appurtenances attached to pipes
and other equipment such as drip stations, vent stations, pigging
facilities, valve boxes, transfer pump stations, measuring and regulating
equipment, yard and station piping, and cathodic protection equipment),
whether or not laid in public or private easement or private right-of-way
within the Town. This includes, without limitation, gathering lines,
production lines, and transmission lines.
The spontaneous emission of particles (alpha, beta, neutrons)
or photons (gamma) from the nucleus of unstable atoms as a result
of radioactive decay.
Material in any form that emits radiation, but only if such
material has been moved from its naturally occurring location through
an industrial process. Such material is radioactive material for purposes
hereof, whether or not it is otherwise exempt from licensing and regulatory
control pursuant to the New York State Department of Labor, the United
States Nuclear Regulatory Commission, the United States Environmental
Protection Agency, the United States Department of Energy, the United
States Department of Transportation, or any other regulatory agency.
Below the surface of the earth, or of a body of water, as
the context may require.
A pipeline that transports oil, gas, or water to end users
as a public utility and which is subject to regulation either by the
Federal Energy Regulatory Commission's jurisdiction under Section
1(b) of the Natural Gas Act, or as a major utility transmission facility
under the Public Service Law of New York, Article 7, § 120(2)(b).
Subsurface emplacement of natural gas and/or petroleum extraction,
exploration or production wastes by or into an injection well.
Subsurface storage, including in depleted gas or oil reservoirs
and salt caverns, of natural gas that has been transferred from its
original location for the primary purpose of load balancing the production
of natural gas. Includes compression and dehydration facilities, and
pipelines.
All streams, ditches, lakes, ponds, marshes, vernal pools,
watercourses, waterways, wells, springs, drainage systems, and all
other bodies or accumulations of water, surface or underground, intermittent
or perennial, which are contained in, flow through or border upon
the Town or any portion thereof.
No quarrying and/or removal of sand, gravel or other materials
shall be done without having first obtained a permit from the Planning
Board, after formal site plan review, and paying the necessary permit
fees, if any, as set by the Town Board.
A.
No part of any quarry operation shall be within 200 feet of any lot
line.
B.
All powered equipment shall be furnished with suitable dust elimination
devices, acceptable to the Planning Board.
C.
Excavation slopes in excess of one foot vertical to one foot horizontal
shall be suitably fenced so as to prevent access by all persons not
engaged in the active operation. Said fencing shall be as approved
by the Planning Board.
D.
All quarry and sand and gravel operations shall restore disturbed
areas of their sites in conformity with a reclamation plan to be approved
by the Planning Board, at the original site plan review process. The
reclamation plan shall indicate the post mining use of the site, and
grading, drainage, planting and accessways suitable for such use.
Grading and drainage should maintain continuity with undisturbed areas
of the property and with adjacent properties.
E.
Application shall comply with any and all bonding requirements as
required by the Planning Board.
F.
Quarrying and the removal of sand and gravel shall be limited to
750 cubic yards or less and less than 1,000 tons per year. Quarrying
and the removal of sand and gravel exceeding this threshold or for
purposes of sale off site shall require a permit.
G.
There shall be no quarrying and/or removal of sand and gravel in
any quantities for purposes of sale in the Upper Delaware River Corridor.
However, quarrying and the removal of sand and gravel shall be permitted
for reuse on site by the property owner when limited to 750 cubic
yards or less and less than 1,000 tons per year, and not exceeding
two acres of active face at one time plus an area equal in size to
the active face necessary for an accessory use.
A.
The Town of Highland hereby adopts the New York State Sanitation
Code and henceforth the construction of new sanitary systems shall
be done in strict accordance with said code; revisions to existing
systems shall also comply with the New York State Sanitation Code.
Prior to the start of construction for a sanitary sewage disposal
system, the Code Enforcement Officer shall be furnished with the results
of a percolation test done by a licensed engineer. Installation of
a system shall conform to the latest "Bulletin on Waste Water Facilities
for Residential or Commercial Building" as published by the New York
State Department of Health. The owner or contractor shall give the
Code Enforcement Officer a minimum of 24 hours' notice to inspect
and approve such installation prior to backfilling.
B.
Waterfront lots. The setback line from any water body for an on-site
sewage disposal system shall be not less than 200 feet from the high
water line for running water and 200 feet from any impoundment, except
that sewage disposal systems designed by a licensed engineer shall
not be less than 100 feet from any impoundment.
C.
Wastes. No solid or liquid wastes shall be discharged into any public
sewer, private sewage disposal system, or stream or on or into the
ground, except in accordance with the standard approval by the New
York State Department of Health or similarly empowered agency.
A.
Purpose and intent. It is the policy of the Town to promote and encourage
the use of solar energy and to remove obstacles to the use of such
systems. Use of solar energy for space heating, water heating or generating
electricity reduces dependence upon finite fossil fuel resources,
helps reduce the amount of pollution resulting from the use of fossil
fuels and reduces or eliminates carbon dioxide emissions. In addition,
these regulations are intended to advance and protect the public health,
safety, and welfare of the Town of Highland. Furthermore, the New
York State Department of Environmental Conservation has recognized
that solar energy is abundant, nonpolluting and does not emit greenhouse
gases responsible for global warming and that, even in the northeastern
US where sunlight is variable, solar energy can make a significant
contribution to meeting demand for electricity and hot water. In recognition
of the foregoing, these regulations to allow solar energy systems
will:
(1)
Promote environmentally sound forms of local renewable energy generation
pursuant to the Town of Highland's Comprehensive Plan;
(2)
Decrease the use of fossil fuels, thereby reducing the carbon footprint
of the Town of Highland in furtherance of its pledge as a Climate
Smart Community;
(3)
Decrease the cost of energy to the owners of commercial and residential
properties, including single-family houses;
(4)
Integrate solar energy systems into the Town of Highland's neighborhoods
and landscapes without diminishing quality of life.
B.
Approvals required and zoning districts.
(1)
Small-scale solar energy systems as defined in this chapter shall
be allowed in all zoning districts with the applicable approvals.
Some solar system installations shall be exempt to these provisions
outlined herein based on the Town of Highland's unified solar permit.
(a)
The unified solar permit process shall be allowed provided the
solar energy system meets the following eligibility requirements:
[1]
Does not need a zoning variance or special use permit, unless
said variance or special use permit has already been issued.
[2]
Is mounted on a permitted roof structure, on a legal accessory
structure, or ground-mounted on the applicant's property.
[3]
The solar installation contractor complies with all other local,
county and state licensing and other applicable requirements.
(b)
Small-scale solar energy systems that do not meet all of the eligibility requirements pursuant to § 190-45B(1)(a) shall be eligible for a limited site plan review process as described herein this chapter. The applicant shall submit an application for the limited site plan review using the unified solar permit application to the Planning Board. The Planning Board, at a public meeting, shall, pursuant to Town Law § 274-a(1)(a), review and approve, or approve with conditions, or disapprove site plans before a building permit is issued.
C.
Limited site plan review.
(1)
Solar energy systems requiring site plan review pursuant to this section shall submit the unified solar permit application in place of the standard site plan application. The limited review process is outlined in Article VIII herein.
(2)
The Planning Board reserves the right to request additional information
as part of the application if said information is deemed necessary
and requisite in the interest of public health, safety or general
welfare.
D.
General provisions.
(1)
Qualified installations. Solar energy systems shall be constructed,
installed, replaced or modified by a qualified solar installer, as
defined; except that homeowners may install their own personal solar
energy systems. Any system installed by a homeowner and not by a solar
installer shall be inspected by a licensed engineer specializing in
solar energy systems and proof of acceptability of system installation
shall be provided to the Town in all cases. Should any solar energy
systems be connected to a public electric transmission system grid,
approvals must also be gained from the appropriate utility, and remain
on file in the Town Code Enforcement Office.
(2)
Government approval. The owner or operator of a solar energy system
shall establish, to the satisfaction of the Town Code Enforcement
Officer when approval through the unified solar permit application
is required, and the Town of Highland Planning Board when site plan
review is required, that all applicable governmental agencies with
jurisdiction over the installation and operation of such solar energy
system have provided all permissions and approvals necessary to install
and operate such system, where deemed necessary by the Code Enforcement
Officer or the Planning Board.
(3)
Limitations of approvals.
(a)
Nothing in this section shall be deemed to allow any solar energy
system owner or operator the right to remove any trees, vegetation
or other obstruction located on any real property over which said
owner or operator does not have fee title or a solar easement.
(b)
It shall be the sole responsibility of the solar energy system
owner or operator to acquire any necessary solar easements or other
appropriate land use rights in order to provide for and maintain appropriate
solar access areas.
(4)
Locations for small-scale solar energy systems.
(a)
The location of a small-scale ground-mounted solar energy system
shall be one that is clearly suitable and sized for such use including,
but not limited to, (i) having proper drainage and provisions for
stormwater control with on-site water retention or proof that no additional
water will leave the site after development, and (ii) with the ability
to adequately buffer such use from any adjacent residential uses.
E.
Standards for small-scale roof-mounted solar energy systems.
(1)
Shall be a flush-mounted system or as solar panels fixed to frames
located on a roof and mounted at an optimal angle towards the sun.
(2)
May be mounted on a principal and/or accessory structure and shall
not exceed the maximum height restrictions of the zoning district
within which they are located.
(3)
Panels facing the front yard must be mounted at the same angle as
the roof's surface with a maximum distance of 18 inches between the
roof and highest edge of the system.
F.
Standards for small-scale ground-mounted solar energy systems.
(1)
Shall not exceed a height of 15 feet. Height measurements shall be
calculated when the ground-mounted solar energy system is oriented
at maximum tilt.
(2)
The solar energy system and related structures and equipment may
be located on any part of the parcel in question within setbacks requirements
as outlined herein this chapter provided the installations employ
landscape screening and other methods of enhancing the appeal of the
ground-mounted system, such as the use of architectural features,
earth berms, or other screening which will harmonize with the character
of the property and surrounding area and as viewed from adjacent properties
and public roads. The total surface area covered by the solar panels,
regardless of the mounted angle, shall not be included in determining
total lot coverage. Any impervious surfaces constructed to serve as
a base for the ground-mounted system shall be counted towards the
total lot coverage for the subject lot.
G.
Exemptions in agricultural districts. Notwithstanding the foregoing,
small-scale roof- or ground-mounted solar energy systems located on
agricultural land that will generate electricity for on-site use and
which are not eligible for a unified solar permit may be exempt from
requiring site plan approval pursuant to the Agriculture and Markets
Law Article 25-AA, as amended.
H.
Waivers. The Planning Board may add or waive, by a simple majority
of its members, any requirement for a complete application submission
if it deems such waived or added requirements are appropriate in order
to accomplish the purposes of this section and this chapter, and that
such waived requirements are not found to be requisite in the interest
of the public health, safety or general welfare or considered inappropriate
or not applicable to the particular application.
I.
New York Real Property Tax Law povision. The Town elects not to opt
out of the tax exemption provisions of § 487 of the New
York Real Property Tax Law, but reserves the right to do so in the
future. Section 487 of the Real Property Tax Law provides for a real
property tax exemption for solar energy system in accordance with
the provisions of said § 487 to the extent of any increase
in value of said real property due to the improvement thereof by such
system.
A.
Purpose and intent. The purpose of these regulations is to provide
large-scale and utility-scale solar collector systems through performance
criteria that balance the unique characteristics of each site while
furthering the Town of Highland's policy of the promotion and encouragement
of the development of solar energy systems infrastructure. In recognition
of the foregoing, these regulations to allow solar energy systems
will:
(1)
Promote environmentally sound forms of local renewable energy generation
pursuant to the Town of Highland's Comprehensive Plan with the ability
for large-scale solar providers locating within the community, where
permitted;
(2)
Decrease the use of fossil fuels, thereby reducing the carbon footprint
of the Town of Highland and that of the region in furtherance of the
Town's pledge as a Climate Smart Community;
(3)
Decrease the cost of energy to the owners of area commercial and
residential properties;
(4)
Integrate solar energy systems where permitted into the Town of Highland
community and with landscapes therein without diminishing quality
of life; and
(5)
Increase employment and business development in the region by permitting
the larger and utility-scale installation of solar energy systems.
B.
Approvals required and zoning districts. Utility and large-scale
solar energy systems shall be allowed in all zoning districts with
the applicable approvals.
C.
General provisions.
(1)
Qualified installations. Solar energy systems shall be constructed,
installed, replaced or modified by a qualified solar installer, as
defined. Any large-scale system installed by a property owner and
not by a solar installer shall be inspected by a licensed engineer
specializing in solar energy systems and proof of acceptability of
system installation shall be provided to the Town in all cases. When
any solar array is connected to a public electric transmission system
grid, approvals must also be gained from the appropriate utility,
and remain on file in the Town Code Enforcement Office and as required
by any public utility.
(2)
Government approval. The owner or operator of a solar energy system
shall establish, to the satisfaction of the Town Code Enforcement
Officer, at approval that all applicable governmental agencies with
jurisdiction over the installation and operation of such solar energy
system have provided all permissions and approvals necessary to install
and operate such system.
(3)
Limitations of approvals.
(a)
Nothing in this section shall be deemed to allow any solar energy
system owner or operator the right to remove any trees, vegetation
or other obstruction located on any real property over which said
owner or operator does not have fee title or a solar easement.
(b)
It shall be the sole responsibility of the solar energy system
owner or operator to acquire any necessary solar easements or other
appropriate land use rights in order to provide for and maintain appropriate
solar access areas.
(4)
Locations for large- and utility-scale ground-mounted solar energy
systems.
(a)
The location of large- and utility-scale ground-mounted solar
energy systems shall be one that is clearly suitable and sized for
such use including, but not limited to, (i) having proper drainage
and provisions for stormwater control with on-site water retention
or proof that no additional water will leave the site after development,
and (ii) with the ability to adequately buffer such use from any adjacent
residential uses.
(b)
The most suitable locations for large- and utility-scale solar
energy systems include brownfields, open fields that are not of agricultural
value, and land that is sufficiently secluded or can be screened to
effectively protect neighboring dwellings, historic sites, viewsheds
and scenic resources.
D.
Design standards.
(1)
Minimum design standards. Large- or utility-scale solar energy systems
shall conform to the following minimum standards:
(a)
The system shall comply with minimum lot area, setback requirements
and other restrictions as applicable to principal structures within
the zoning district where the solar energy system is sited.
(b)
The surface area of any ground-mounted system, regardless of
the mounted angle of any portion of the system, is not considered
an impervious surface and shall not be calculated towards the total
lot coverage limitations for the zoning district. Any new impervious
surfaces constructed to serve as a base for the ground-mounted system
shall be counted towards the total lot coverage for the subject lot.
(c)
If the ground-mounted system is mounted above an existing impervious
surface, the surface area of the ground-mounted system shall not be
calculated as additional impervious surfaces towards the total lot
coverage limitations for the zoning district.
(d)
Footers and other hard surfaces placed underneath racking and
mounting systems are considered impervious and count towards impervious
surface calculations.
(e)
All large- or utility-scale ground-mounted solar energy systems
shall not exceed a height of 15 feet. Height measurements shall be
calculated when the ground-mounted solar energy system is oriented
at maximum tilt.
(f)
All large- or utility-scale ground-mounted solar energy systems
shall be enclosed by fencing to prevent unauthorized access. The type,
height and color of fencing shall be determined by the Town Planning
Board. The fencing and the solar energy system may be further screened
by year-round landscaping to avoid adverse aesthetic impacts as determined
by the Town Planning Board.
(g)
There shall be no signs posted on the real property of the large-
or utility-scale ground-mounted solar energy system except announcement
signs, such as "no trespassing," or warning signs, such as "high voltage"
or "danger." A sign shall be posted at the entrance of the parcel
in question that identifies the owner and operator of the solar energy
system and provides an emergency telephone number where the owner
and/or operator can be reached on a twenty-four-hour basis. In addition,
a clearly visible warning sign denoting high voltage must be placed
at the base of all pad-mounted transformers and substations. All signs
are subject to the requirements of Town Code and this chapter.
(2)
Additional roof-mounted design standards for large- and utility-scale
roof-mounted solar energy systems.
(a)
Roof-mounted systems shall be a flush with roofs and fixed to
frames located on a roof and mounted at an optimal angle towards the
sun.
(b)
May be mounted on a principal and/or accessory structure and
shall not exceed the maximum height restrictions of the zoning district
within which they are located and shall be provided the same height
exemptions granted to building-mounted mechanical devices or equipment
set forth in this chapter.
(c)
Panels facing the front yard must be mounted at the same angle
as the roof's surface with a maximum distance of 18 inches between
the roof and highest edge of the system.
E.
Exemptions in agricultural districts. Notwithstanding the foregoing,
large-scale roof- or ground-mounted solar energy systems, as defined,
located on agricultural land that will generate electricity for on-site
use may be exempt from requiring site plan approval or special use
permit pursuant to the Agriculture and Markets Law Article 25-AA,
as amended.
F.
Additional site plan and special use permit application standards
and requirements for large- and utility-scaled solar energy systems.
(1)
In addition to the site plan review and special use permit application requirements set forth in Article VIII of this chapter, the following additional information shall be required:
(a)
Name, address and contact information for the proposed system
installer;
(b)
Name, address, phone and signature of the project proponent
as well as all co-proponents or property owners, if any;
(c)
Name, address, contact information and signature of any agent
representing the project proponent;
(d)
A description of the solar energy system and the technical,
economic and other reasons for the proposed location and design;
(e)
A one- or three-line electrical diagram detailing the solar
energy system layout, solar collector installation, associated components,
and electrical interconnection methods, with all National Electrical
Code compliant disconnects and over current devices;
(f)
All proposed changes to the landscape of the site, including
grading, vegetation clearing and planting, exterior lighting, screening
vegetation or structures;
(g)
A confirmation that the solar energy system complies with all
applicable local, state and federal laws and regulations;
(h)
Equipment specification sheets of the major system components
to be used including photovoltaic panels, mounting systems, batteries,
and inverters;
(i)
An operation and maintenance plan that shall include measures
for maintaining safe access to the installation, general procedures
for operation and maintenance of the solar energy system, and property
upkeep;
(j)
Location of the nearest residential structures on the site and
on any adjacent site, and the distance from the nearest proposed solar
energy system equipment to any such residential structures;
(k)
Erosion and sediment control and stormwater management plans
prepared to New York State Department of Environmental Conservation
standards, if applicable, and to such standards as may be established
by the Planning Board;
(l)
A list of real property owners located within 500 feet of the
property line of the proposed site and the mailing address of each
real property owner;
(m)
If the property of the proposed utility-scale ground-mounted
solar energy system project is to be leased, legal consent among all
parties specifying the use(s) of the land for the duration of the
project, including easements and other agreements, shall be submitted
to the Town Planning Board;
(n)
Documentation from the utility company, verifying that the utility-scale
solar energy system is active, shall be provided annually to the Town
of Highland Town Code Enforcement Officer.
(2)
Decommissioning plan. To ensure the proper removal of large- or utility-scale
solar energy systems, a decommissioning plan shall be submitted as
part of the application. Compliance with this plan shall be made a
condition of the issuance of a special use permit under this section.
The decommissioning plan must specify that after the large- or utility-scale
solar energy system can no longer be used, it shall be removed by
the applicant or any subsequent owner. The plan shall demonstrate
how the removal of all infrastructure and the remediation of soil
and vegetation shall be conducted to return the parcel to its original
state prior to construction. The plan shall also include an expected
timeline for execution. A cost estimate detailing the projected cost
of executing the decommissioning plan shall be prepared by a professional
engineer or contractor. Cost estimations shall take into account inflation.
Removal of large- or utility-scale solar energy systems must be completed
in accordance with the decommissioning plan. The decommissioning plan
shall affirm that if the large- or utility-scale solar energy system
is not decommissioned after being considered abandoned, the municipality
may remove the system and restore the property and impose a lien on
the property to cover these costs to the municipality.
(3)
Additional conditions.
(a)
The large- or utility-scale ground-mounted solar energy system
owner or operator shall provide a copy of the project summary, electrical
schematic and site plan to the local fire department. The owner or
operator shall cooperate with local emergency services in developing
an emergency response plan and provide proof of approval thereof.
All means of shutting down the solar system shall be clearly marked
and instructions shall be provided to the local fire department. The
owner or operator shall identify a person responsible for responding
to safety inquiries throughout the life of the system.
(b)
The owner or operator of a large- or utility-scale ground-mounted
solar energy system shall maintain the system in good condition and
in accordance with industry standards. Maintenance shall include,
but not be limited to, painting, structural repairs, mowing, trimming
and landscape maintenance, and such examinations and repairs as necessary
to ensure the integrity of all equipment and structures. The said
owner or operator shall maintain and keep in good repair all approved
security measures that govern the site. Site access shall be maintained
at a level acceptable to the local fire department and, if the large-
or utility-scale solar energy system is located in an ambulance district,
the local ambulance corps.
(c)
Use of herbicides to control plant growth in and around the
large- or utility-scale ground-mounted solar energy system and its
components and equipment shall be prohibited without the express prior
written authorization of the Town Planning Board.
(d)
The Town of Highland Planning Board may impose conditions on
its approval of any special use permit under this section in order
to enforce the standards referred to in this section.
(4)
Estimate and financial assurance. Applicants or the system owner
shall post a surety in an amount and form acceptable to the Town for
the purposes of removal or abandonment. The amount shall be determined
by an estimate of total cost of removal of the solar facilities and
restoration of the site. Acceptable forms shall include, in order
of preference: cash, letter of credit, or a renewable bond that must
remain in full force and effect, or a combination thereof. Such surety
will be used to guarantee removal of the large- or utility-scale solar
collector system should the system be abandoned in accordance with
this chapter or partially or unsatisfactorily removed out of compliance
with any decommissioning plan. If the owner, applicant or lessee fails
to remove any associated structures or restore the site to the condition
approved by the Planning Board, all costs incurred by the Town to
cause compliance with this section shall be paid using the surety
provided by the applicant.
(5)
Waiver of requirements. The Planning Board may, in its discretion,
waive, by a simple majority of its members, any requirement(s) for
approval if any such requirements are found not be requisite in the
interest of the public health, safety or general welfare or inappropriate
or not applicable to the particular project proposed.
G.
Cessation of operation or abandonment.
(1)
Cessation of operation. Nonfunction or lack of operation of the utility-
or large-scale solar system may be established (i) through reports
submitted by or on behalf of its owner or operator to the Public Service
Commission, NYSERDA, the local utility or the New York Independent
System Operator, or (ii) by lack of income generation for a commercial
enterprise. The owner or operator of a utility-scale ground-mounted
solar system shall promptly furnish on request such records as required
by the Town Code Enforcement Officer to establish that the large-scale
ground-mounted solar system is functioning or in operation.
(2)
Abandonment. A utility- or large-scale ground-mounted solar energy
system shall be considered abandoned or to have ceased operations
if there has been no electrical energy generation for six months or
longer; applications for extensions of time may be approved by the
Town Code Enforcement Officer for a period of up to an additional
six months. If the owner or operator determines to abandon or cease
operations, said owner or operator shall so notify the Town Code Enforcement
Officer in writing. Failure to provide the notice required herein
shall be a violation of this chapter.
(3)
Notice of abandonment or cessation of operation. If the Town Code
Enforcement Officer has reason to believe that such system has been
abandoned or ceased operation,the Town Code Enforcement Officer may
issue an order that the owner or operator of the system shall remove
said system, including all equipment, mounts, solar arrays and solar
collectors, by no later than 90 days after the date of issuance of
said order to undertake such removal. Service of the order shall be
at the address provided by the applicant to the Town Code Enforcement
Officer.
(a)
Investigation and report. When, in the opinion of the Town Code
Enforcement Officer, any large- or utility-scale solar energy system
shall have been abandoned or ceased operations and that the owner/operator
thereof has failed to comply with an order to remove as set forth
in Subsection D(5)(a), the Code Enforcement Officer shall make a formal
inspection thereof and report in writing to the Town Board his/her
findings and recommendations in regard to its removal.
(b)
Notice and order for hearing. If the Town Board finds that such
large- or utility-scale solar energy system has been abandoned or
ceased to operate, it shall by resolution order its removal or repair,
and further order that a notice shall be personally served upon the
owner or some one of the owner's executors, legal representatives,
agents lessees or other persons with a vested or contingent interest
in the premises, as documented in the decommissioning plan and application.
The notice will further order that a hearing be held before the Town
Board on at least 10 days' notice to the property owner and owner/operator
of the large- or utility-scale solar energy system or persons having
an interest therein, to determine whether the order to remove shall
be affirmed, modified or vacated and, in the event of affirmation
or modification, to assess all costs and expenses incurred by the
Town in the inspection and report against the land on which the large-
or utility-scale solar energy system is located. The expenses may
additionally be assessed against any surety held by the Town. Said
order shall also provide that the removal of the large- or utility-scale
solar energy system shall commence within 30 days after service of
notice and shall be completed within 60 days thereafter.
(c)
Contents of notice. The notice shall contain the following:
[1]
The name of the owner or person in possession of the underlying
parcel of property as it appears in tax and deed records.
[2]
The name of any owner/operator of a large- or utility-scale
solar energy system as set forth in a filed decommissioning plan.
[3]
A brief description of the large- or utility-scale solar energy
system as well as the underlying parcel of property upon which it
is situated.
[4]
A description of the basis of the finding that the large- or
utility-scale solar energy system has been abandoned or ceased operation.
[5]
An order requiring that the large- or utility-scale solar energy
system be removed.
[6]
That the removal of such large- or utility-scale solar energy
system shall commence within 30 days of the service of notice and
shall be completed within 60 days thereafter.
[7]
The time and date of a hearing to be held before the Town Board,
at which hearing the property owner and/or owner/operator of the large-
or utility-scale solar energy system shall have the right to contest
the order and findings of the Town Board.
[8]
That in the event that such property owner and/or owner/operator
of the large- or utility-scale ground-mounted solar energy system,
or other person having an interest in said premises, shall fail to
contest such order and fail to comply with the same, the Town Board
will order the removal of such system by the Town. The Town Board
will order that all costs and expenses incurred in such removal be
assessed against any surety held by the Town and, in the event that
the costs and expenses of removal are not satisfied by the surety
held, that such costs and expenses be assessed against the land on
which such system is located in the same manner as general Town taxes.
(d)
Service and filing of notice.
[1]
A copy of said notice shall be personally served upon the property
owner and owner/operator of the large- or utility-scale solar energy
system or some one of their executors, legal representatives, agents,
lessees or other person having a vested interest or a contingent interest
in the premises as shown by the Collector of Taxes and/or the office
of the Sullivan County Clerk or Sullivan County Treasurer and/or as
set forth in any filed decommissioning plan.
[2]
If no such person can be reasonably found for personal service,
then a copy of said notice shall be mailed to such person by certified
mail addressed to his last known address as shown on said records
and by personally serving a copy of said notice upon any adult person
residing in or occupying said premises or by securely affixing a copy
of said notice upon said large- or utility-scale solar energy system.
[3]
A copy of said notice shall be filed in the Sullivan County
Clerk's Office, in the same manner as a notice of pendency pursuant
to Article 65 of the Civil Practice Law and Rules, and shall have
the same effect as a notice of pendency as therein provided. A notice
so filed shall be effective for a period of one year from the date
of filing. It may be vacated, however, upon an order of a judge or
justice of a court of record or upon the consent of the Town Attorney.
When vacated, the Sullivan County Clerk shall mark such notice and
any record or docket thereof as canceled of record upon the presentation
and filing of such consent or a certified copy of such order.
(e)
Hearing. The Town Board shall conduct the public hearing at
the time and place specified in the notice to remove. It may adjourn
the hearing from time to time until all interested parties are heard
and until the hearing is completed. At the conclusion of the hearing,
the Town Board shall determine by resolution to revoke the order to
remove, modify said order or continue and affirm said order and direct
the owner or other persons to complete the work within the time specified
in the order or such other time as shall be determined by the Town
Board.
(f)
Failure to comply. In the event of the refusal, failure or neglect
of the owner or person so notified to comply with said order of the
Town Board within the time specified in said order and after the public
hearing, the Town Board shall provide that the large- or utility-scale
solar energy system be removed by Town employees or by independent
contractors. Except for emergency cases as herein provided, any contract
for removal shall be subject to New York State procurement guidelines.
(g)
Assessment of expenses. All expenses incurred by the Town in
connection with the proceedings to remove a large- or utility-scale
solar energy system, including the costs of actual removal, shall
be assessed against any surety held by the Town and, should said expenses
not be satisfied by the surety, any unsatisfied expenses shall be
assessed against the land on which such system is located and shall
be levied and collected in the same manner as provided in Article
15 of the Town Law for the levy and ad valorem levy.
(h)
Emergency cases. Where it reasonably appears that there is a
clear and imminent danger to the life, safety or health of any person
or property unless a large- or utility-scale solar energy system is
removed, the Town Board may, by resolution, authorize the Code Enforcement
Officer to immediately cause the removal of such system. The expenses
of such removal shall be a charge against the land on which it is
located and/or surety and shall be assessed, levied and collected.
(4)
Decommissioning.
(a)
Prior to scheduled removal of the solar energy system, a permit
for removal activities shall be obtained from the Code Enforcement
Officer. Removal shall include solar collectors, cabling, electrical
components, accessory structures and any associated structures below
grade.
(b)
Disturbed earth shall be graded and reseeded, unless the designated
municipal representative approves a written request by the property
owner that internal roads and other site improvements are not to be
restored.
(c)
If the owner or operator of the large- or utility-scale solar
system fails to remove it in accordance with the requirements of this
section within 90 days of the proposed date of decommissioning, as
specified in the decommissioning plan, and absent notice of a proposed
date of decommissioning or written notice of extenuating circumstances,
a large- or utility-scale solar system shall be considered abandoned
if it ceases operations for more than six consecutive months, and
the Town may enter the property and physically remove the installation
at the expense of the property owner or against any financial surety
assigned to the Town as provided for above.
A.
Permits.
(1)
A maximum of three acres of land area, or a maximum of two acres
of land area within the Designated Delaware River Corridor, may not
be stripped or clear-cut without first having obtained a permit. Failure
to have such a permit shall constitute a violation of this chapter.
This provision shall not be applicable to sand, gravel, shale, topsoil,
or other aggregate mining operations that are active as of the date
of this chapter was adopted and are permitted by the New York State
Department of Environmental Conservation.
(2)
Stripping or clear-cutting of three acres or more of land shall be
authorized only by the Planning Board and any governmental agency
having jurisdiction.
(3)
Applications for stripping of land or clear-cutting shall be filed
with the Planning Board for approval. Upon authorization of the Planning
Board, and payment of the appropriate fee if any as set by the Town
Board, the Code Enforcement Officer shall, within 10 days, issue a
permit.
(4)
The permit shall be valid for a period to be determined by the Planning
Board, and shall be subject to any such conditions and performance
bond(s) the Planning Board deems necessary.
(5)
Any deviation from the originally approved application, no matter
how small, shall require a new application before the Planning Board.
(6)
All applications for permits for stripping of land and/or clear-cutting
shall be in writing, signed and notarized by applicant, and shall
state:
(7)
Each application shall be accompanied by a site plan indicating the
following information:
(a)
Location of the area to be stripped or clear-cut showing the
boundaries and measurements of the lot and the extent and depth of
the area to be worked;
(b)
Names and owners of adjoining properties;
(c)
Quantity of material(s) to be removed;
(d)
Destination of stripped material, including stockpile areas
and ultimate disposition;
(e)
Means of egress and ingress for trucks and equipment;
(f)
Watercourses and drainage ditches;
(g)
Measures to control erosion, noise, dust, and loss of material
during transportation,
(h)
Duration of proposed stripping and clear-cutting of land;
(i)
Restoration of area proposed to be stripped or clear-cut during
temporary interruptions in activities and after completion, including
road maintenance and repairs;
(j)
A plan for the disposition of woody vegetation growing in the
area to be stripped or clear-cut; and
(k)
A site location map at a scale of one to 24,000.
B.
Requirements and standards.
(1)
Any area that has been stripped or clear-cut or covered with fill
shall be restored to a suitable grade so as to provide good drainage
and no disturbance to adjacent properties. Final grade shall form
a smooth transition to surrounding undisturbed land. Final slopes
shall not be less than 0.5%. Slopes greater than 25% shall be terraced,
the vertical steps to be not greater than five feet and stabilized
with noneroding material. Ponding areas shall be provided as required
to remove silt from runoff below flowing from the property.
(2)
Any area that has been stripped or clear-cut or covered with fill
shall be seeded to provide an effective cover crop within the first
growing season following the start of such stripping, clear-cutting
or covering.
(3)
To ensure the compliance of the permittee to the standards of this
section, a performance bond in a suitable amount shall be required
in an amount to be determined by the Planning Board.
A.
Accessory to single-family dwellings. Swimming pools, whether permanent
or portable, that are accessory to single-family dwellings shall be
located not closer than 20 feet to any side or rear lot line and not
closer than 50 feet to a front lot line. These regulations shall not
apply to portable pools that do not exceed two feet in height and
six feet in diameter.
B.
Accessory to residential developments. Swimming pools accessory to
residential development, whether cluster, seasonal dwellings, bungalow
colonies, camps or multiple-family dwellings, shall be of permanent
construction and shall be located not closer than 50 feet to any lot
line and not closer than 50 feet to any dwelling unit.
C.
Nonresidential. Swimming pools that are part of nonresidential uses
such as hotels, motels, clubs, campgrounds, day-use recreational facilities
or institutions shall be of permanent construction and shall be located
no closer than 100 feet from any lot line.
D.
Fencing. All outdoor swimming pools having a depth of 18 inches or
more shall be completely enclosed with a wall, fence, or other barrier
at least four feet high and not greater than eight feet high, the
bottom of which must be no more than three inches from the ground,
and equipped with a gate having a lock which shall be locked at all
times that the swimming pool is not in use. All such swimming pools
must remain empty of water until the barrier has been completed and
approved by the Code Enforcement Officer as meeting the foregoing
requirements and as being sufficiently strong in construction to prevent
any person from accidentally entering the pool enclosure. Fencing
shall consist of a substantial structure of wood or metal or other
rigid material built so that it will withstand exposure to the elements.
Nonstructural material may be incorporated into a fence to control
visual exposure; such material shall be capable of withstanding exposure
to the elements without deteriorating. All fences shall be maintained
in good condition at all times and shall not be allowed to deteriorate
structurally or aesthetically.
A.
Approvals required. Where allowed pursuant to this chapter, no new
small-scale wind energy conservation system (SC-WECS), as this use
is defined by this chapter, or expansion of an existing SC-WECS shall
be permitted after the effective date of this chapter without a special
use permit as herein provided and demonstration of compliance with
the following standards and conditions.
B.
Prohibited. Large-scale WECS shall be prohibited in the Town of Highland.
C.
Minimum lot area requirement. A minimum lot area of five acres shall
be required for every one SC-WECS.
D.
Maximum number of towers permitted. No more than three NC-WECS towers
shall be permitted on any lot or contiguous lots held under common
ownership.
E.
Maximum tower height. The maximum height as measured from the tallest
element of the SC-WECS, including the tip of a rotor blade when aligned
vertical to the mean grade surrounding the support pad(s), shall be
150 feet.
F.
Set-back. All SC-WECS towers shall be set back from all adjoining
property lines and from all utility lines and rights-of-way a minimum
distance of 200% of the tower height.
G.
Guy wires. Anchor points for any guy wires for a SC-WECS shall be
located no closer than 15 feet from all adjoining property lines and
shall not be located on or across any above-ground transmission or
distribution line.
H.
Over-speed controls. All SC-WECS shall be equipped with automatic
over-speed controls. Conformance of rotor and over-speed control design
and fabrication with good engineering practices shall be certified
by the manufacturer.
I.
Noise. All SC-WECS shall comply with the noise control requirements
of this chapter.
J.
Shadow flicker. The SC-WECS shall not be located as to create a flicker
effect, that being a rotating shadow that may fall upon adjoining
property.
K.
Visual impacts:
(1)
The SC-WECS and tower and blades shall be painted a nonreflective,
unobtrusive color that blends all components into the surrounding
landscape and sky to the greatest extent possible, and shall incorporate
nonreflective surfaces to minimize glare and all other visual disruptions.
(2)
No lighting shall be allowed on the tower at a height of greater
than 12 feet above grade, except to comply with Federal Aviation Administration
requirements.
(3)
No advertising or commercial logos or insignias, except manufacturer's
nameplate, shall be permitted on any component of the SC-WECS.
(4)
No flags or banners shall be placed on any component of the SC-WECS.
(5)
The sitting of all components of a SC-WECS should minimize adverse
impacts to the viewscape of habitable structures located on adjacent
properties and the viewscape from public thoroughfares within a one-mile
radius.
L.
Protection. The base of the tower must be styled to be nonclimbable
for at least the lower 12 feet. Depending upon the overall height
of the SC-WECS and proximity to adjoining properties and ease of access,
the Planning Board may require the tower be surrounded by an eight-foot-tall
protective fence styled to be nonclimbable.
M.
Compliance with building code of New York State. All SC-WECS shall
conform to applicable industry standards. Applicants shall submit
certificates of design compliance that equipment manufacturers have
obtained from Underwriters Laboratories or an equivalent third party.
A professional engineer shall certify, as part of the special use
permit review process and building permit application, that the foundation
and tower design of the facility are within accepted professional
standards, given local soil and climate conditions. All tower structures
shall be designed and constructed to be in compliance with applicable
provisions of the New York State Uniform Building and Fire Prevention
Code.
N.
Abandonment of use. A SC-WECS that is not in use converting wind
energy into electrical energy for on-site consumption for 12 successive
months may be deemed abandoned by the Code Enforcement Officer. Upon
receipt of a notice of abandonment issued by the Code Enforcement
Officer, the SC-WECS owner shall have 30 days to provide credible
evidence to the Code Enforcement Officer that use of the SC-WECS has
not been abandoned. If the Code Enforcement Officer finds that credible
evidence has not been presented, the SC-WECS owner shall have 12 months
from the date of the finding to restore the SC-WECS to operation.
If the SC-WECS remains not in use at the conclusion of that twelve-month
period, the Code Enforcement Officer shall have authority to revoke
the special use permit, and if the owner does not dismantle the SC-WECS
within a period stated in the revocation notice, to enter the owner's
property and cause the SC-WECS to be dismantled at the owner's expense.
As a condition of special use permit and site plan review approval,
the owner shall agree to these provisions.
O.
Electromagnetic interference and stray voltage. The SC-WECS shall
be operated such that no disruptive electromagnetic interference or
stray voltage is caused. The SC-WECS shall not interfere with microwave,
cellular, or television/radio transmission/reception on adjacent or
nearby properties. If harmful interference is caused, the SC-WECS
owner shall promptly mitigate the harmful disruption or damage, or
cease operation of the SC-WECS.
A.
Purpose and intent. The purpose and intent of this section is to
reduce the hazard and nuisance caused by light trespass and glare
on to drivers, pedestrians and land uses near artificial lights. By
allowing safe and efficient lighting of outdoor areas and by reducing
the negative effects of exterior lighting, the regulations contained
in this section are intended to promote land use compatibility, traffic
and pedestrian safety, energy efficiency, and enhanced community appearance.
B.
Applicability.
(1)
The requirements of this section shall apply to any new construction,
repair, replacement or relocation, in whole or in part, of any exterior
light fixture in the Town of Highland occurring on or after the date
of adoption of this section, unless otherwise exempted herein.
(2)
An applicant for any project subject to special use permit and/or
site plan approval that include outdoor lighting fixtures shall comply
with the requirements of this section, unless otherwise exempted herein,
and shall submit, as part of the application, evidence of said compliance.
C.
Exemptions. The following instances shall be exempt from the requirements
of this section;
(1)
Municipally installed lighting and street lighting on public roadways.
(2)
Lighting of municipal and public school recreation fields provided
that the lights are illuminated only when fields are in use.
(3)
Lighting of public schools and associated facilities, and public
parking areas for safety and security purposes.
(4)
Vehicular lights and all temporary lighting maintained or used by
any fire, ambulance, or police departments, or other emergency service
personnel provided the lighting is used for emergency purposes.
(5)
Lighting of radio, communication and navigation towers is allowed,
provided the owner or lessee demonstrates to the satisfaction of the
Town that the regulations of the Federal Aviation Administration (FAA)
or other agency having jurisdiction can only be met through the use
of lighting that does not comply with this section, and that the provisions
of this section are otherwise met. Tower lighting shall not be permitted
unless required by the FAA or other agency having jurisdiction, in
which case, the lighting shall be of the lowest allowable intensity.
(6)
Lighting used for the purposes of completing emergency roadwork or
emergency repair or maintenance/repair of utility lines, or sewer/water
infrastructure.
(7)
Lighting used for a special event either sponsored by, or by virtue
of a contract or permit with the Town of Highland, or otherwise permitted
to take place in the Town of Highland. Such lighting may be installed
up to seven days before the event and shall be removed no later than
three days from the end of the event, unless otherwise provided by
the Town Board or other designated town officer.
(8)
Temporary holiday lighting provided such lighting does not create
glare observable within the normal range of vision from any public
right-of-way, does not resemble traffic control devices or which may
interfere with, mislead, or confuse vehicular traffic, or result in
any other safety hazard as determined by the Code Enforcement Officer.
(9)
Lighting of monuments or memorials erected by, or with the approval
of the Town.
(10)
Illumination of the United States flag or state flags.
(11)
Where federal or state laws, rules or regulations take precedence.
D.
Submission of plans. An applicant for any project subject to special
use permit and/or site plan approvals which includes outdoor lighting
fixtures shall submit the following unless otherwise waived by the
Planning Board.
(1)
Plans indicating the location, height, orientation, type of illuminating
device, and wattage of each outdoor lighting fixture.
(2)
Description of the illuminating fixtures, lamps, supports, reflectors,
and other devices, including, but not limited to, catalog cuts by
manufacturers and drawings (including sections where required), glare
reduction/control devices, on-off cycle control devices, and mounting
devices.
(3)
Location and use of adjacent properties, and those additional nearby
properties that may be affected by the proposed lighting.
(4)
Photometric data, such as that furnished by manufacturers, or similar
showing the angle of cutoff or light emissions.
(5)
Statement of the proposed hours and days of the week when the lights
will be on and when they will be turned off.
(6)
Additional information that the Planning Board or Code/Zoning Enforcement
Officer determines is necessary, including, but not limited to, a
photometric plan indicating levels of illumination in footcandles
at ground level.
E.
Standards. All outdoor lighting subject to this section shall comply
with the following standards:
(1)
Light confinement. All outdoor lighting shall be confined to the
greatest extent possible, based on topography and other environmental
factors, to the property on which the light is located, and shall
never be directed upwards in order to reduce sky glow.
(2)
Light trespass. Where confinement of light on one single property
is not possible, light trespass of light onto residential property
shall not exceed 0.25 footcandle when measured six feet above grade
at the residential property line. Lighting installed prior to the
adoption of this chapter shall be nuisance-free to adjacent and contiguous
properties.
(3)
Prohibited light. The following types of lighting shall be prohibited
in the Town of Highland:
(a)
Unshielded lighting.
(b)
Blinking, flashing, strobing lighting. Any illuminated sign
or related lighting device shall employ only lights emitting a light
of constant intensity and no sign shall be illuminated by or contain
flashing, intermittent, rotating or moving light or lights. Signs
which are mechanically animated, such as moving, rotating or revolving
signs, are prohibited as constituting a traffic hazard and nuisance.
(c)
Any lighting creating glare observable within the normal range
of vision from any public right-of-way, or creating any other safety
hazard.
(d)
Any lighting that resembles traffic control devices or which
may interfere with, mislead, or confuse vehicular traffic as determined
by Code Enforcement Officer.
(e)
Beacon or search lights except which are temporary in nature
at special events, business openings, or required by state or federal
law, or in cases of public emergency.
(4)
Height. Unless specified elsewhere herein, the maximum allowable
height of a freestanding light fixture shall be 15 feet above the
average finished grade. The maximum allowable height of a building-
or structure-mounted light fixture shall be 15 feet.
(5)
Maximum illumination. The Town encourages, and in some cases requires,
that the minimum lighting levels be used to attain efficient and effective
use of outdoor lighting. The latest recommended levels for outdoor
lighting set by the Illuminating Engineering Society of North America
(IESNA) shall be observed.
(a)
Parking lots. Parking lots shall have an average lighting level
at or below one foot-candle. High-security areas shall have lighting
levels of no more than five foot-candles, and two foot-candles to
five foot-candles is the recommended range. Lighting levels greater
than five foot-candles is generally a waste of energy and a source
of glare and atmospheric light pollution. Design should establish
a hierarchy of lighting to assure a smooth transition from bright
areas to those with subdued lighting. Light levels shall be maintained
at design levels with lamp or luminaire replacement as needed.
F.
Certification. Prior to any Planning Board approval, and the issuance
of a building permit, all developments which include freestanding
lighting exceeding 30 feet in height must receive signed written certification
of compliance with this section from a New York State registered engineer.
G.
Measurement. Illumination levels shall be measured in footcandles
with a direct reading, portable light meter. The meter shall be placed
not more than six feet above grade level at the property line of the
subject parcel. Measurements shall be made after dark with lighting
in question turned on, then with lighting in question turned off.
That difference shall be compared to determine compliance with this
section.
A.
Area density/minimum lot area.
(1)
Hamlet Commercial (HC) District, Washington Lake Resort (WLRD) District,
and Residential (R-1) District. A minimum of two acres shall be required
for all boat liveries operations. This requirement shall not be applicable
to properties fronting River Road in the HC District.
(2)
Residential (R-2) District and properties fronting River Road in
the HC District. A minimum of three acres shall be required for all
boat liveries operations.
(3)
All boat liveries shall be required to have 100 feet minimum frontage
along the water.
B.
Screening. Vegetative removal shall be restricted to the minimum
amount necessary and an adequate buffer shall be maintained between
the livery and any adjacent residential uses in order to provide proper
screening of the site.
C.
A site plan shall be required with any application to the Planning
Board.
D.
Parking. No parking associated with any boat livery shall be permitted
on public streets and adequacy of any parking lots shall be reviewed
by the Planning Board at the time of site plan review.
A.
Purpose and intent. Due to the federal designation of the Upper Delaware
Scenic and Recreational River, unique consideration must be given
to the lands within the Designated Delaware River Corridor. These
considerations are necessary to ensure aesthetics, compliance with
the mission and intent of the National Park Service Designation, public
safety, orderly land uses, and natural feature sustainability and
protection. Within the aforementioned corridor, land elevation and
topography is variable; however, it is typically steep when higher
ground meets the valley floor at the river. The geography features
rocky and cliff-like valley side slopes which are visible from the
Delaware River and those enjoying the river for scenic and recreational
purposes as is intended per the 1978 addition to the Federal Wild
and Scenic Rivers System.
B.
The following locations within the Designated Delaware River Corridor
shall be treated as areas of special concern:
C.
Within the above named areas of special concern, no tree removal
or construction, except for in emergencies, or approval for construction
shall be permitted until it can be demonstrated satisfactorily to
the Code Enforcement Officer, through site visits or the use of other
ancillary tools, that the site is not on the ridgeline as defined,
nor will it be visible from the Delaware River.
A.
Purpose and intent. The purpose of these regulations is to promote
the health, safety and general welfare of the residents of the Town
of Highland, to provide standards for the safe provision of telecommunications
consistent with applicable federal and state regulations, to protect
the natural features, aesthetic character and property values of the
Town, and to minimize the number of telecommunications towers in the
Town by encouraging shared use of existing and future structures.
B.
Approvals required and zoning districts. Communications towers and
co-location of equipment on towers of differing intensities are allowed
in all Town of Highland Zoning Districts except the WLRD and those
areas of the R1 and R2 Districts which are located within the Designated
Delaware River Corridor. A special use permit and site plan approval
shall be required, provided compliance with the standards, conditions
and restrictions set forth herein can be demonstrated.
C.
Application.
(1)
No transmission tower shall hereafter be used, erected, moved, changed
or altered except in conformity with these regulations. No existing
structure shall be modified to serve as a transmission tower unless
in conformity with these regulations.
(2)
Applicants planning to construct new tower(s) must obtain a special
permit and site plan approval from the Planning Board.
(3)
Applicants planning to co-locate on a previously approved communications
tower or construct facilities upon an existing tall structure must
obtain site plan approval from the Planning Board.
(4)
Where these regulations conflict with other laws and regulations
of the Town, the more restrictive shall apply.
D.
New towers; future shared use. The applicant shall design a proposed
new communications tower to accommodate future demand for similar
reception and transmitting facilities. The applicant shall submit
to the Board a letter of intent committing the owner of the proposed
new tower and its successors in interest to negotiate in good faith
for shared use of the proposed tower by other telecommunications providers
in the future. This letter shall be filed with the Code Enforcement
Officer prior to the issuance of a building permit. The letter shall
commit the new tower owner and its successors in interest to:
(1)
Respond within 90 days to a request for information from a potential
shared-use applicant.
(2)
Negotiate in good faith concerning future requests for shared use
of the new tower by other telecommunications providers.
(3)
Allow shared use of the new tower if another telecommunications provider
agrees in writing to pay reasonable charges. Said charges may include
but are not limited to a pro rata share of the cost of site selection,
planning, project administration, land costs, site design, construction
and maintenance financing, return on equity, and depreciation, and
all of the costs of adapting the tower or equipment to accommodate
the shared user(s).
E.
Site plan submission requirements for new towers.
(1)
Required submissions. An applicant proposing to construct a new tower shall submit a special use permit application in accordance with Article VIII, Special Uses and Site Plan Approvals, and shall provide the following additional information:
(a)
A site plan showing all existing and proposed structures and
improvements including towers, antennas, roads, accessory facilities,
parking, landscaping and any proposed screening methods.
(b)
Engineering documentation describing the capacity for additional
antennas and radio-frequency equipment.
(c)
A complete inventory of existing towers and other structures
over 75 feet in height within two miles of the proposed site.
(d)
A report demonstrating good faith efforts to secure shared use
upon all structures which are of sufficient height and mechanical
stability to support the proposed use or can be modified to meet the
applicant's needs; and also justifying why the remainder cannot be
outfitted to meet its requirements. Written requests and responses
for shared use shall be provided.
(e)
A report detailing the applicant's long-range plans for additional
facilities within the town.
(f)
A copy of applicant's Federal Communications Commission (FCC)
license.
(2)
Visual impact assessment. The Planning Board may require the applicant
to undertake a visual impact assessment, which may include:
F.
Site plan submission requirements for co-location onto existing facilities.
(1)
Required submissions. An applicant proposing to co-locate onto an existing tower or other structure shall submit a site plan in accordance with Article VIII, Special Uses and Site Plan Approvals. The site plan and supporting documentation shall also include:
(a)
A letter of intent from the owner of the existing facility to
allow shared use by the applicant.
(b)
A site plan showing all existing and proposed structures and
improvements including towers, antennas, roads, accessory facilities,
parking, landscaping and screening methods.
(c)
In the case of use on a structure not originally designed as
a telecommunications tower, a report, prepared by a New York State
licensed professional engineer specializing in structural engineering,
certifying that the proposed shared use will not diminish the structural
integrity and safety of the existing structure and explaining what
modifications, if any, will be required in order to certify to the
above.
(d)
A copy of the applicant's FCC license.
G.
Communications tower design standards.
(1)
Maximum height. No communications towers shall exceed 200 feet in
height. Notwithstanding the foregoing, all communications towers shall
be designed at the minimum height necessary to achieve the communication
need and function they are intended to fulfill.
(2)
Setbacks. A setback of a minimum of 300 feet or 1.5 times the tower
height, whichever is greater, shall be maintained from any existing
property line. Setbacks shall apply to all tower parts including guy
wire anchors and to any accessory facilities.
(3)
Visual impact.
(a)
Siting. All new towers and accessory facilities shall be sited
to have the least practical adverse visual impact upon the environment.
(b)
Lighting and painting. New towers shall not be artificially
lighted except to assure human safety as required by the Federal Aviation
Administration (FAA). New towers shall be a galvanized finish or painted
gray above the surrounding treeline and painted gray, green, black
or similar colors designed to blend into the natural surrounding below
the surroundings treeline unless other standards are required by the
FAA. New towers shall be designed and sited so as to avoid, whenever
possible, application of FAA lighting and painting requirements pursuant
to 47 CFR Part 17.
(c)
Materials. Accessory facilities shall maximize use of building
materials, colors, and textures designed to blend with the structure
to which they may be affixed and/or to harmonize with the natural
surroundings, including the utilization of stealth or concealment
technology, techniques or designs as may be required by the Planning
Board in order to mitigate adverse impact to the aesthetic, scenic,
environmental and cultural assets within the community.
(d)
Existing vegetation. Existing on-site vegetation shall be preserved
to the maximum extent possible, and no cutting of trees exceeding
four inches in diameter (measured at a height of four feet off the
ground) shall take place prior to approval of the site plan. Clear-cutting
of all trees in a single contiguous area exceeding 20,000 square feet
shall be prohibited.
(4)
Screening. Where the site abuts residential or public property, including
streets, and includes construction of a new tower or an increase in
height of an existing structure, at least one row of native evergreen
shrubs or trees capable of forming a continuous hedge at least 10
feet in height within two years of planting shall be provided to effectively
screen the tower base and accessory facilities. In the case of poor
soil conditions, planting may be required on soil berms to assure
plant survival.
(a)
Access and parking. A road and parking shall be provided to
assure adequate emergency and service access. Maximum use of existing
roads, public or private, shall be made. Road construction shall be
consistent with standards for private roads and shall at all times
minimize ground disturbance and vegetation cutting to within the toe
of fill, the top of cuts, or no more than 10 feet beyond the edge
of any pavement. Roads shall be designed to minimize visual disturbance,
soil erosion and excavation. Public road standards may be waived in
meeting the objectives of this subsection.
(b)
Consulting engineering services. The Planning Board may request
a review of the application by a qualified engineer in order to conduct
an independent technical evaluation of the application. The cost of
this review shall be borne by the applicant.
(c)
Signs. No portion of any tower or accessory structure shall
be used for a sign or other advertising purpose, including, but not
limited to, company name, phone numbers, banners and streamers.
H.
Authority to impose conditions. The Planning Board shall have the
authority to impose such reasonable conditions and restrictions as
are directly related to and incidental to the proposed site plan.
I.
Bond. The Planning Board at its discretion may request a surety or
similar instrument from the applicant for items including, but not
limited to, landscaping, tower removal and restoration of the proposed
site.
J.
Waiver. The Planning Board is hereby authorized to waive any part
of this section which seems unreasonable for a particular site.
K.
Removal. All communications towers, and all parts and components
thereof, and any accessory buildings or other structures appurtenant
thereto, shall be dismantled and removed from the site when they have
been inoperative or abandoned for a period of 18 consecutive months.
Intention on the part of any person to resume the use or operation
of the facility at some future time shall not provide an exemption
from this requirement. Applicants shall post a bond or other suitable
undertaking as a condition of the special use permit in order to guarantee
removal of the abandoned structures. The bond or similar instrument
shall be continued in effect during the life of the facility. The
amount of the bond or undertaking shall be set by the Planning Board
at the time of issuance of the special use permit.
A.
Land development activities as defined by this chapter shall require
a stormwater pollution prevention plan (SWPPP). In the Designated
Delaware River Corridor for land development activities that exceed
an area of 10,000 square feet of construction activity or disturbance
for any principal or accessory use shall be required to prepare a
SWPPP. In accordance with state laws, a SWPPP shall not be caused
for uses which the State of New York exempts from this requirement
such as agricultural projects, silvicultural projects, and other routine
maintenance activities.
B.
Stormwater pollution prevention plan (SWPPP) shall be prepared in
accordance with the NYS Stormwater Management Design Manual and as
defined herein. The following components shall be required by the
Town of Highland and/or New York State as applicable:
(1)
The proposed areas of disturbance shall be drawn to scale and quantified
in support of applicable SWPPP requirements (including basic SWPPP).
(2)
Post-construction stormwater practices shall reduce peak stormwater
runoff to 75% of the preconstruction peak runoff for the ten-year
event. The Planning Board shall be authorized to modify these criteria
if immediate discharge is appropriate.
(3)
Post-construction stormwater practices shall reduce stormwater peak
runoff to 65% of the preconstruction peak runoff for the 100-year
event. The Planning Board shall be authorized to modify these criteria
if immediate discharge is appropriate.
(4)
A certified copy of a completed notice of intent (NOI), signed by
the applicant and certified by the applicant's professional representative.
A copy of the New York State DEC reply to the NOI (notice to proceed)
shall also be supplied if issued.
(5)
Storm drainage facilities shall be designed to handle the anticipated
peak discharge from the applicable catchment for a ten-year event
with one foot of freeboard remaining at peak flow.
(6)
All drainage structures required to accommodate stream flows with
a cross-sectional area less than 25 square feet during a ten-year
rainfall event shall be designed and constructed to provide one foot
of freeboard during a ten-year rainfall event.
(7)
All drainage structures required to accommodate stream flows with
a cross-sectional area less than 25 square feet during a ten-year
rainfall event shall be designed and constructed to provide one foot
of freeboard during a fifty-year rainfall event, and safely pass a
100-year rainfall event. Drainage structures in this category shall
have a design life of at least 50 years, be designed by a licensed
engineer and be approved by the highway superintendent.
(8)
Applicants shall use infiltration practices whenever acceptable under
DEC guidelines. Applicants shall provide deep test pits and percolation
tests in support of this or demonstrate infiltration is not a viable
practice for the site in question. Dry grass swales and other similar
measures shall also be encouraged wherever practical.
(9)
All stormwater management improvements shall be properly maintained
so as to continue to perform to their intended manner. Sediment shall,
at a minimum, be removed from sediment traps or sediments ponds whenever
their design capacity has been reduced by 50%. The Town Building Department,
upon observing that such improvements are not being so maintained,
may direct a property owner to undertake such maintenance. Failure
to comply after a minimum of 30 days' notice shall constitute a violation
of law.
A.
Such stand shall not exceed 144 square feet in gross floor area.
B.
Such stand shall be located not less than 15 feet from the edge of
pavement, and there shall be a suitable area provided where vehicles
can safely park while visiting the roadside stand.
C.
Such stand shall be solely for seasonal display and sale of agricultural
products grown principally on the premises or, in limited quantity,
grown elsewhere by the owner of the property upon which the farm stand
is located.
D.
Signage shall be limited to a single sign, not greater than three
square feet in sign area per side and located not less than 15 feet
from the edge of pavement.
A.
Approvals. A farm market operation shall be a temporary use permitted
pursuant to the issuance of a special use permit in accordance with
this chapter, and shall be subject to all other applicable local,
county, and state regulations related to the use.
B.
Duration of use. Farm market uses shall be temporary in nature and
such use shall not include construction of permanent structures or
buildings or any other land development activity. The use shall operate
for no more than two consecutive day per week, with the exception
of public holidays. As a condition of the special use permit approval,
the Planning Board shall approve the day and hours in which operation
shall occur, and the designation of the times and days shall not cause
conflict with other adjacent uses temporary, semi-permanent, or permanent,
or cause conflict with any requirements expressed herein this chapter.
C.
Area and bulk requirements. Farm market uses shall not exceed two
acres in area. This area shall include any temporary structures, eating
tables and seating areas, and any sales staging and/or display areas.
Off-site parking shall not be included in calculating area bulk requirements.
All other dimensional area requirements shall comply with Schedule
1: Area and Bulk Regulations[1] and/or other pertinent sections of this chapter, with
the more restrictive regulations prevailing.
[1]
Editor's Note: Schedule 1: Area and Bulk Regulations is included as an attachment to this chapter.
D.
Site cleanup and restoration. At the closure of business daily, all
temporary structures, litter, debris, or other refuse, and equipment
shall be removed. Temporary storage, sales staging locations, lighting,
and parking areas shall be returned to their original state, as prior
to the market use that day.
E.
Parking. A parking plan shall be submitted to and approved by the
Town Planning Board prior to the issuance of any special use permit
approval. Said parking plan shall indicate the intended location for
vehicle parking in connection with this use and shall demonstrate
adequate vehicular and pedestrian safety will be achieved. Should
the parking plan identify parking located on lands not under the ownership
or control of the applicant, proof of access from the owner(s) shall
be required, including written permission to use the lands for parking
shall be required and attached to any parking plan.
F.
Signage. All signage associated with the use, including signage for and related to parking and pedestrian safety and circulation, shall be removed at the end of each day. One seasonal temporary sign or banner may be permitted on site designating the location of the use, the hours of the use, and any other pertinent information relating to regular operations. No individual advertising shall be permitted to be included. All signage shall be in accordance with the regulations as outlined in Article V of this chapter.
G.
Noise. All noise generated from the site shall be reasonable and shall comply with § 190-39, Noise standards, of this chapter. Amplified music, public address systems, and animal noises may not be permitted if determined unreasonable.
H.
Indoor farm market. Should the temporary farm market use be operated
within an existing structure within the Town, the use and area which
it occupies will be continued to be considered a farm market and all
requirements for this use shall be applicable. Approvals for such
use shall be subject to the operator's ability to demonstrate that
no conflicts shall arise from the shared use of the existing structure.
I.
Modification. Upon issuance of the special use permit from the Planning
Board, the Code Enforcement Officer shall issue a certificate of occupancy
allowing the change of use at the approved site. Any modification
to the farm market use shall require a new certificate of occupancy
and/or an amended special use permit by the Planning Board if the
Code Enforcement Officer determines modifications to the original
approval are substantial.
