A.
To facilitate public understanding and for convenience in administration,
the attached Schedule of Permitted Uses is hereby incorporated into
and made part of this chapter.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
B.
The Schedule of Permitted Uses is divided into eight categories:
Residential; Lodging Services and Campgrounds; Agricultural; Professional
and Medical Offices and Finance; Commercial; Manufacturing, Industrial,
Transportation, and Utilities; and Civic/Institutional/Community Services.
Every use identified in the Schedule of Permitted Uses is either allowed
as of right, or allowed with site plan approval, special use permit
approval, or a special license from the Town Board.
C.
Unless otherwise permitted in accordance with this chapter, any land
use not listed in the Schedule of Permitted Uses shall be prohibited.
D.
Excepting land uses specifically listed as prohibited in § 123-11A of this chapter, in the case where a proposed land use that is not identified in the Schedule of Permitted Uses, the Zoning Enforcement Officer/Building Inspector shall have the authority to determine whether or not the proposed land use can be reasonably interpreted to be similar in nature and degree to a use listed in the Schedule of Permitted Uses, and therefore be categorized as an allowed use in that zoning district. However, the Zoning Enforcement Officer/Building Inspector shall not interpret a use as allowable in the subject zoning district if said use is already listed as allowed in a separate zoning district.
A.
Junkyards, used motor vehicle parks (5015) and scrap and waste material
(5093).
(1)
Junkyards, as defined in § 123-61 of this chapter, including scrap and waste dismantling yards which would be classified in SIC Industry Groups 5015 and 5093, are prohibited. Farm operations within a county adopted state-certified agricultural district are exempt from the application of this prohibition to the extent that such junk and junked vehicles are used by the farm operation for agricultural purposes and in an amount and type consistent with the needs and scope of the farm operation.
B.
Utility-scale wind energy systems as defined herein.
C.
Restricted uses.
A.
Accessory dwelling units. Accessory dwelling units shall be allowed in accordance with § 123-10, Schedule of Permitted Use Regulations, and the regulations and standards set forth below. It is the intent of this provision to allow more efficient use of existing lots and buildings and to expand rental housing opportunities in the Town, by allowing accessory dwelling units while maintaining the existing residential character of neighborhoods.
(1)
Accessory dwelling units (ADUs) approved and operated in accordance
with this section are considered accessory structures, and therefore
shall not be considered a second dwelling unit and shall not count
towards the base density for the lot upon which the accessory dwelling
unit is located.
(2)
Types of ADUs. Depending on their location relative to the principal
dwelling, ADUs are classified into three main categories: interior,
attached and exterior.
(a)
Interior ADUs are located within either an existing principal
dwelling or existing attached or detached accessory structure. The
interior accessory dwelling unit can be built through the conversion
of an existing space. For the purposes of this chapter, interior ADUs
shall not be created through an exterior expansion of the existing
principal dwelling or accessory structure.
(b)
Attached ADUs are living spaces that are added to the exterior of an existing principal dwelling or existing accessory structure and can be constructed over or to the side or rear of either existing structure. Refer to Subsection A(3)(c) below for applicants seeking to construct a new detached accessory structure in which an ADU is proposed.
(c)
Exterior ADUs are structurally separate from the principal dwelling
or accessory structures. Exterior ADUs are standalone units separate
from existing accessory structures and the principal dwelling.
(3)
Approvals required. No ADUs shall be constructed without first obtaining
approvals as follows:
(a)
Interior and attached ADUs.
[1]
An applicant proposing an interior or attached ADU, as these terms are defined herein, may be permitted by right with the issuance of a building permit, except in cases where the Zoning Enforcement Officer/Building Inspector determines that site plan review is required pursuant to § 123-12A(3)(a)[2] below.
[2]
The Zoning Enforcement Officer/Building Inspector shall have
the authority to refer any applicant for an interior or attached ADU
to the Planning Board for site plan review, if, in the opinion of
the Zoning Enforcement Officer/Building Inspector, the proposal may
present site design challenges and other concerns that may not be
adequately addressed through a building permit.
(b)
Exterior ADUs.
[1]
Exterior ADU with acreage. An applicant proposing an exterior ADU, as this term is defined herein, on a lot that is at least twice the size of the required minimum lot size in accordance with the at § 123-23, Schedule of District Area and Bulk Regulations, shall be permitted by right with the issuance of a building permit, except in cases where the Zoning Enforcement Officer/Building Inspector determines that site plan review is required pursuant to § 123-12A(3)(b)[2] below.
[2]
The Zoning Enforcement Officer/Building Inspector shall have
the authority to refer any applicant for an exterior ADU with acreage
to the Planning Board for site plan review, if, in the opinion of
the Zoning Enforcement Officer/Building Inspector, the proposal may
present site design challenges and other concerns that may not be
adequately addressed through a building permit.
(c)
Exterior ADU without acreage. An applicant proposing an exterior
ADU on a lot that is less than twice the size of the required minimum
lot size in accordance with the Schedule of District Area and Bulk
Regulations shall require site plan review by the Planning Board.
(4)
General standards. All ADUs shall comply with the following general
requirements.
(a)
Limited to detached one-family dwellings. An ADU may only be
permitted on a lot that has a detached one-family dwelling as the
principal use and shall not be permitted on a lot that is occupied
by a two-family dwelling, apartment, townhouse or condominium.
(b)
General Commercial (GC-1) restrictions.
[1]
Within the GC-1 Zoning District, ADUs shall only be permitted
for one-family dwellings that received their certificate of occupancy
on or before the enactment date of this chapter or subsequent amendments
which apply to one-family dwellings.
[2]
Within the GC Zoning District, ADUs shall only be permitted
within the existing one-family dwelling or attached accessory structures.
(c)
Number of ADUs. There shall be no more than one ADU per lot.
(d)
At no time shall an ADU be conveyed independently of the principal
dwelling on the lot.
(e)
The character of the lot upon which an ADU is sited shall remain
consistent with the surrounding neighborhood.
(f)
ADU size. The floor area for an ADU shall be a minimum of 400
square feet and in no case shall it exceed the livable floor area
of the principal dwelling or 750 square feet, whichever is less. The
ADU shall have no more than two bedrooms.
(g)
Height. No attached or exterior ADU shall exceed 15 feet in
height.
(h)
Design. All ADUs should, to the maximum extent practical, match
the principal dwelling in terms of exterior materials and design,
including roof materials, roof pitch, roof eaves and overhang, and
color scheme. An alternative design may be proposed if the ADU is
not visible from a public right-of-way and/or neighboring properties
during leaf on conditions.
(i)
All lots shall be required to accommodate necessary utilities,
parking, refuse collection and other elements associated with the
ADU.
(j)
Parking. A minimum of one off-street parking space shall be
required for an ADU. Eligible off-street parking spaces shall include
driveways, garages or carports. The minimum area of a parking space
shall be 162 square feet, or nine feet by 18 feet.
(k)
Water and sewer service. Prior to the issuance of a building
permit for the establishment of an ADU, approval of the proposed method
of water supply and sewage disposal shall be obtained.
(l)
All ADUs shall comply with all local and state building requirements.
(m)
Five-year prohibition for use as a short-term rental. No ADU
established through this section shall be utilized as a short-term
rental, as that use is defined and regulated by this chapter, for
a period of five years from the date a certificate of occupancy is
issued for the ADU by the Zoning Enforcement Officer/Building Inspector.
(n)
Timing. An ADU allowed by this section may be constructed concurrently
with or after construction of the principal dwelling, with applicable
approvals pursuant to this section.
(5)
Standards for interior and attached ADUs.
(a)
No manufactured home or other structures built off-site shall
be attached to a principal dwelling or accessory structure.
(b)
All attached ADUs shall be affixed to permanent foundations.
(c)
Attached ADUs shall be constructed over, to the side or rear
of either the principal dwelling or accessory structure and shall
comply with applicable setback requirements for pursuant to the Schedule
of District Area and Bulk Regulations.
(d)
If a separate entrance is provided for interior or attached
ADUs, they must be located on the side or rear of the principal dwelling
or accessory structure and shall not be visible from a public right-of-way.
(e)
Fire escapes or exterior stairs for access to an upper-level
ADU shall not be located on the front of the principal dwelling or
accessory structure.
(f)
Attached ADUs shall not encroach any closer to side and rear
lot lines than the existing accessory structure it is proposed to
be attached.
(g)
No portion of an existing accessory structure that encroaches within the required yard setback for accessory buildings pursuant to § 123-24F(5) may be converted to or used as an ADU.
(6)
Standards for exterior ADUs.
(a)
Detached ADUs shall be no longer than 45 feet.
(b)
No exterior ADUs shall be located within a required front yard.
(c)
Exterior ADUs shall comply with the setback requirements for
principal buildings pursuant to the Schedule of District Area and
Bulk Regulations.
(d)
All detached ADUs shall be affixed to a permanent foundation.
(e)
Where applicable, all towing devices, wheels, axles and hitches
shall be removed, and shall have skirting installed to enclose the
bottom of the unit in accordance with the manufacturer's specifications.
Skirting materials shall be durable, suitable for exterior exposures
and shall be installed to minimize susceptibility to wind damage.
B.
Clustered one-family and clustered townhouse dwellings.
(1)
Uses permitted: clustered single-family and clustered townhouse dwellings.
(2)
Conditions.
(a)
The minimum gross site area shall be 10 acres.
(b)
The maximum number of dwelling units permitted shall be computed as in accordance with § 123-24B.
(c)
No structures shall exceed 30 feet in height.
(d)
All structures shall be set back at least 500 feet from the river's edge, except those requiring a waterfront site (i.e., boathouse, water plant, etc). This setback may be reduced to 300 feet upon a finding by the Planning Board that due to the nature of the site, such reduction will not adversely affect the guidelines set forth in Subsection B(2)(g) below. Structures shall also be set back at least 200 feet from all streets or property lines at the perimeter of the site to be developed.
(e)
The Planning Board shall consider the size and configuration of lots during its review in terms of the criteria set forth in Subsection B(2)(g) below and the provision of adequate water supply and sewage disposal systems.
(f)
At least 1/2 the gross site area in the RF-1 District, 1/3 in
the RF-2 District and 1/4 in R-40 and the R-12 Districts shall be
preserved as permanent open space by appropriate legal covenants and
recorded as such on all filed maps. The Town may, at its discretion,
accept all or part of such open space if offered for dedication. At
least 1/2 of such open space shall be preserved in its natural state.
The remainder may be used for active recreation facilities and may
also contain water supply or sewage disposal systems if they are designed
so as to preserve the scenic or functional purposes to which said
open space is devoted. Open space required to satisfy this condition
must have a minimum dimension of at least 200 feet at all points.
(g)
In addition to the criteria contained in §§ 123-46 and 123-47, the Planning Board shall also consider the following guidelines and criteria in its review of a cluster development under this section:
[1]
Open spaces preserved through clustering shall be designed and
located so as to preserve significant natural features, such as streams,
hillsides, ridgetops, natural wooded areas and rock outcrops, and
existing landscaping.
[2]
The visual impact of proposed development shall be minimized
in terms of views from the site and adjacent roads to the river and
from the river and the opposite shore to the site. Analysis shall
consider the materials used, the massing of buildings, the scale of
development, the use of landscaping and natural growth, etc. The possible
intrusion of new development on the visual setting of estates, institutions
and historic structures on nearby properties shall also be evaluated.
[3]
Site design and construction management shall be undertaken
in a manner so as to prevent adverse effects from erosion, siltation,
flooding, etc.
[4]
Provision of public access to and along the shoreline is to
be encouraged, and review of site plans will include consideration
of opportunities to incorporate the development of such access.
(h)
The Planning Board may require submission of a clustered development
plan, in accord with the provisions of this subsection, if it finds
that such type of development is necessary to preserve specific features
of the site and the general character of the district. However, the
Planning Board may not require the development of multifamily dwellings
in place of single-family homes.
(i)
Site plan review under the provisions of this section shall suffice for Planning Board review of subdivisions under Chapter 107, Subdivision of Land, subject to the following conditions:
C.
Conversion and reuse of large, existing landmark structures in the
RF-1 District.
(1)
Intent and purpose. The intent of this subsection is to allow usage of large existing landmark structures for a variety of appropriate uses (see § 123-10, Schedule of Permitted Use Regulations) while maintaining the unique scenic, aesthetic and architectural character of properties in the RF-1 District.
(3)
Conditions.
(a)
The structure must have been in existence prior to January 1,
1985.
(b)
Gross site area shall be at least 25 acres, and gross floor area of existing buildings shall be at least 5,000 square feet. Maximum density shall be computed in accordance with § 123-24B.
(c)
The scale and character of the existing building shall not be
substantially altered in terms of architectural detailing, size and
shape of door and window openings, exterior materials and colors and
similar features. Additions to eligible structures shall be kept to
a minimum, and in no case shall additions to any structure exceed
50% of its aggregate floor area or cubic volume.
(d)
All required off-street parking in excess of five spaces shall
be located at least 200 feet from adjacent streets and properties
and shall be fully screened therefrom.
(e)
The Planning Board shall also consider the guidelines set forth in § 123-12B(2)(g) when reviewing proposals.
D.
Home occupations.
(1)
General provisions.
(a)
This chapter shall not prevent individuals from conducting a
business, trade or profession in their principal or accessory structure,
provided they meet the standards set forth by these regulations.
(b)
The activity shall not alter the primary use of the premises
as a dwelling.
(c)
No traffic shall be generated in greater volumes than would
normally be expected in a residential neighborhood, and any need for
parking generated by the home occupation shall be met on-site.
(d)
A minimum of one additional off-street parking space shall be
provided for each employee of the home occupation that is not a resident
of the dwelling. Such spaces shall be provided in the driveway but
not elsewhere in any required front yard. Parking on a public street
shall not be considered as satisfying this requirement. Additional
parking may be required by the Planning Board at its discretion.
(e)
There shall be no external signage of such use except for one freestanding sign not exceeding four feet in height and six square feet in area. The sign shall not be internally illuminated and shall otherwise comply with § 123-21, Signs, of this chapter.
(f)
In no way shall the appearance of the dwelling or accessory
structure be altered nor shall the activity be conducted in a manner
which would cause the premises to differ from its residential character
either by the use of colors, materials, construction, lighting, or
the emission of noises, odors or vibration, beyond that normally generated
by permitted uses in the same zoning district.
(g)
Only the occupants of the dwelling and a maximum of two nonresident
employees may conduct the activity.
(h)
Home occupations that are proposed to take place within a residential
structure shall comply with the standards and requirements of Appendix
J, Section AJ102.5, of the current version of the New York State Residential
Code.
(2)
Home Occupation 1 shall require a building permit and includes all
home occupations conducted solely within the principal or accessory
structure. The following standards shall be met by the owner(s) and
all persons engaged in such activities:
(a)
Display of products outside the residence shall not be allowed.
(b)
Only one home occupation business shall be permitted.
(c)
Outdoor storage of items associated with the home occupation
shall be permitted but shall be reasonably screened from contiguous
properties and shall not be located in the front yard.
(3)
Home Occupation 2 shall require site plan review. The following standards
shall be met by the owner(s) of the dwelling and all persons engaged
in such activities:
(a)
Public hearing required.
[1]
Prior to consideration of approval for a Home Occupation 2,
the Planning Board shall hold a public hearing.
[2]
A minimum of 10 days prior to the public hearing, the applicant
shall send via certified mail a notice of the public hearing and description
of the home occupation to all property owners located within 200 feet
of the applicant's property boundaries.
(b)
Display of products, materials and/or equipment used in connection
with the business may be stored outside but shall be reasonably screened
from contiguous properties and shall not be located in the front yard.
(c)
No more than two home occupation businesses, trades or professions
shall be permitted on one parcel.
E.
Apartment and townhouse dwellings.
(1)
Applicability.
(3)
Traffic and parking.
(a)
Off-street parking shall be provided on the same lot in accordance with § 123-26 of this chapter.
(b)
Off-street parking for apartment and townhouse dwellings shall
not be located in a front yard or any other yard abutting a street,
except in a driveway, and shall be screened from adjacent properties
by a fence, wall or vegetative buffer.
(c)
Two access points onto a street, separated by at least 200 feet,
shall be provided for any multifamily development of over 50 dwelling
units.
(5)
Recreation areas. For apartment and townhouse dwellings of over 10
units, there shall be located on the same lot, outdoor or indoor amenities
suitable in size and facilities to meet the needs of all residents.
(6)
Accessory signs. Signs accessory to apartment and townhouse dwelling
developments are permitted.
(7)
Mix of housing types. Any given development of multifamily dwellings
or any building located in such a development may contain a combination
of townhouse and apartment style dwellings, provided that all requirements
of this section are satisfied.
F.
Community residential facility for the disabled.
(1)
Intent and purpose. It is the intent of the Town of Esopus to permit
a community residential facility for the disabled (CRF), as defined
in this chapter, in order to provide housing opportunities for those
members of the community who are unable to live independently. It
is the further purpose of this section to:
(a)
Achieve the integration of residential care housing residents
into the community.
(b)
Achieve a well-balanced population through the provision of
many kinds of housing options.
(c)
Promote the development pattern in harmony with the objectives
of the Town of Esopus Comprehensive Plan.
(d)
Control design in such a way as to preserve neighborhood character,
promote comprehensive land use planning and protect property values.
(2)
Districts. CRFs, as defined by this chapter, shall be permitted in
certain zoning districts in accordance with the Schedule of Permitted
Use Regulations[1] and the standards and procedures outlined below to facilitate
the integration of said facilities into the residential neighborhoods.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(3)
Standards. CRFs shall conform to all requirements for a one-family
dwelling in the zoning district in which the CRF is located. All CRFs
shall comply in all ways with the New York State Mental Hygiene Law
and any other applicable local, state or federal laws. In addition,
CRFs shall comply with the following standards:
(a)
When a CRF is complete and occupied, it shall not result in
the substantial alteration of the nature and character of the area
in which the CRF facility is to be located.
(b)
All CRF facilities shall be similar in appearance to a one-family
residences permitted on the site. CRFs shall comply with all lighting
and signage requirements as they apply to one-family dwellings.
(c)
An area of sufficient size on the lot on which the CRF is located
should be reserved to accommodate additional off-street parking where
it is determined that such off-street parking is required.
(d)
CRFs intended to house more than 14 residents, exclusive of
staff members, are prohibited.
(4)
Procedures.
(a)
Applicants for potential CRFs are advised to seek input from the Town Board prior to site selection and formal notification. The Town Board shall use the standards outlined in Subsection F(3) above in determining the appropriateness of a site. Site selection shall be governed by the procedures and standards outlined in the New York Mental Hygiene Law § 41.34; however, the Town Board or other authorized official may seek the advice of the Planning Board or other appropriate body prior to rendering an opinion on a proposed site. Any response to a request for site selection approval shall be made within 40 days, unless an extension is granted by the sponsoring agency.
(b)
Upon Town Board agreement on the selection of an appropriate
location for the CRF facility, and site plan review approval shall
be required prior to obtaining a building permit.
(c)
No certificate of occupancy shall be issued prior to an applicant's
full compliance with the licensing procedures of the State Department
of Mental Hygiene, Office for People with Developmental Disabilities,
or any other appropriate county, state or federal agency having jurisdiction.
(d)
Nothing in this section shall be deemed to permit the construction,
alteration or modification of any structure without first obtaining
appropriate building permits.
G.
Senior citizen housing.
(1)
Permitted uses. The following uses are permitted within a site designated
for senior citizen housing, upon approval of a special use permit:
(a)
Multiple, attached or detached dwelling units for occupancy
by senior citizens and their immediate families. Such occupancy does
not include nursing homes, group residences or rooming houses or boardinghouses.
(b)
Accessory structures/uses. The following accessory structures
and uses are permitted:
[1]
Any facilities necessary to meet the proper maintenance, security,
storage and utility needs of the development or its residents.
[2]
Ancillary uses providing services or amenities only for site
residents, such as, but not limited to, recreation rooms, lounges,
self-service laundries, exercise rooms and similar facilities.
(2)
Occupancy.
(a)
Occupancy of dwelling units in senior citizen housing shall
be limited to the following:
[1]
A person who has attained the age of 55 years.
[2]
A husband or wife who is residing with his or her spouse who
qualifies as a senior citizen.
[3]
A live-in caregiver residing with a qualified senior citizen,
provided that said caregiver is 18 years of age or older.
[4]
The surviving spouse who was residing with a qualified senior
citizen at the time of his or her death.
[5]
Dependents of qualified senior citizens.
(b)
Exception. Notwithstanding the provisions above, one unit in
a senior citizen housing site may be occupied by a project superintendent
or manager and his or her family.
(3)
Development standards. Senior citizen housing shall be subject to
the following standards as well as other applicable standards of this
subsection:
(a)
Minimum lot area: two acres.
(b)
Zoning districts.
[1]
Permitted in applicable zoning districts in accordance with
the Schedule of Permitted Uses.[2]
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.
[2]
Location in R-40 District. Senior citizen housing in the R-40
District shall be allowed only in the area east of the main line of
the CSX Railroad or east of Route 9W, south of Floyd Ackert Road.
(c)
Dwelling size. No dwelling shall contain more than two bedrooms.
(d)
Minimum yards. Same as the district in which the site is located,
except that no building shall be located within 50 feet of an existing
residential structure on another lot.
(e)
Maximum density:
(f)
Minimum parking. Two spaces for every three dwelling units.
In addition to the parking actually provided, an additional area capable
of creating a total of one parking space per dwelling unit shall be
indicated on the approved site plan and graded and planted with grass.
The Planning Board may require, in the future, that such area be paved
to meet demonstrated parking demand.
(g)
Buffer zone. An area at least 25 feet wide shall be established
along the boundary of all properties in residential use, which shall
be landscaped or maintained as natural vegetation and shall not contain
driveways or off-street parking or other paved surfaces. The only
exception shall be entrance drives from the street and sidewalks not
exceeding five feet in width.
H.
Short-term rentals.
(1)
Purpose and intent. This section is enacted to allow for the use
of certain residential dwelling units in the Town of Esopus for temporary
and short-term rental purposes, both enhancing economic opportunities
for property owners and promoting a local tourism economy all while
protecting the safety of renters and the privacy for nearby residents,
their freedom from nuisances, and the protection of their property
investments.
(2)
Applicability and approvals required.
(a)
Short-term rental uses: Short-term rental (STR) uses are allowed in certain zoning districts pursuant to § 123-10, Schedule of Permitted Use Regulations.
(b)
STR uses shall be restricted to one- and two-family dwellings
and approved habitable accessory buildings, as these terms are defined
by this chapter.
(c)
STR shall not be permitted in accessory dwelling units within
five years from the date the certificate of occupancy was first issued
for the accessory dwelling unit.
(d)
Non-owner-occupied STR uses as defined herein shall require site plan approval as outlined in § 123-47, Site plan approval.
(e)
Annual operating permit. All STR uses require operating permits
from the Building Department as outlined herein.
(f)
Not applicable. These regulations and the need for an operating
permit shall not apply to bed-and-breakfast establishments or summer
cottage colonies, as these uses are defined herein, and other similar
nonresidential uses catering to transient guests, which may utilize
one or more online short-term rental platforms to advertise vacancy.
(3)
Process for review and approval of initial operating permit.
(a)
Owner-occupied STR. Applicants seeking their first approval
of an owner-occupied STR shall comply with the following steps.
[1]
Submit an operating permit application to the Building Department
along with the application fee.
[2]
The Building Department shall conduct a safety inspection.
[3]
If the proposed STR property complies with all applicable requirements
of this chapter and passes the safety inspection, the Building Department
shall issue an operating permit to the STR owner.
[4]
The operating permit will include a registration number that
shall be included in all rental listings, both print and online, and
shall also be posted within the STR.
[5]
Annual renewal. All owner-occupied STR owners shall renew their operating permit on an annual basis. Refer to § 123-12H(6) for requirements and process for seeking an annual renewal.
(b)
Non-owner-occupied STR. Applicants seeking their first approval
of a non-owner-occupied STR shall comply with the following steps.
[1]
Submit an application for site plan approval, accompanied by
an operating permit application, to the Building Department, accompanied
by applicable fees in accordance with the Town Board Fee Schedule.
[2]
The Planning Board shall conduct a review of the site plan application in accordance with in § 123-47, Site plan approval, and the Building Department shall review the operating permit application in accordance with this section.
[3]
The Building Department shall conduct a safety inspection and
provide the results to the Planning Board.
[4]
If the Planning Board issues site plan approval and the Building
Department determines the STR property complies with all applicable
requirements of this chapter and passes the safety inspection, the
Building Department shall issue an operating permit to the STR owner.
[5]
The operating permit will include a registration number that
shall be included in all rental listings, both print and online, and
shall also be posted within the STR.
[6]
Host information required. Non-owner-occupied STR uses shall
require a host be designated who must reside within a fifteen-mile
driving distance from the proposed STR. The host shall be available
to promptly deal with emergencies, other STR renter issues and compliance
with all applicable STR operating requirements. The host may either
be the property owner or a designee of the property owner. If the
STR owner will not reside within a fifteen-mile driving distance of
the proposed STR, the owner shall include the name, address and contact
information of their host in both the site plan and operating permit
applications. The host shall provide a signed affidavit acknowledging
their legal responsibility to serve as a host for the proposed STR.
[7]
Annual renewal. All non-owner-occupied STR owners shall renew their operating permit on an annual basis. Refer to § 123-12H(6) for requirements and process for seeking an annual renewal.
(4)
Site plan approval. For non-owner-occupied STR uses, site plan approval
shall be required. A site plan application shall accompany the operating
permit application outlined herein. Only the property owner may apply
for site plan approval.
(5)
Operating permit application. Operating permits shall be required
for both owner-occupied and non-owner-occupied STR uses. Only the
property owner may apply for an operating permit. The following shall
be submitted to the Building Department to obtain the operating permit.
When site plan approval is required, this information shall also accompany
the site plan application.
(a)
Completed annual operating permit application with applicable
fee, including proof of ownership and documentation of any easement
of right-of-way used to access the subject property.
(b)
Safety/egress plan, to be posted in a visible location within
the rental unit and on the back of each bedroom door.
(c)
A parking layout plan identifying the amount and location of parking spaces in accordance with § 123-26, Off-street parking and loading standards.
(d)
Garbage removal plan. Garbage receptacles shall not be left
out for more than 24 hours.
(e)
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.
(f)
Copy of a completed Ulster County hotel and motel room occupancy
tax registration form. A copy of the certificate of authority, once
issued by Ulster County, shall also be provided to and kept on file
at the Building Department.
(g)
Host requirement. If the owner of a proposed non-owner-occupied
STR will not reside within a fifteen-mile driving distance of the
proposed STR, the owner shall include the name, address and contact
information of their host in both the site plan and operating permit
applications.
(h)
Written proof of liability insurance for the property with policy
limits in an amount of no less than $1,000,000.
(i)
Applicable fees in accordance with the Town Board Fee Schedule.
(6)
Annual operating permit renewal. All STR operating permits shall
expire one year after the date of issuance, unless revoked sooner.
(a)
Applications for renewal of a STR operating permit shall be
due 60 days prior to its expiration.
(b)
When considering the renewal of an operating permit, the Building
Department shall take into consideration the applicant's compliance
with the existing operating permit and, where applicable, a site plan
approval, along with any record of verified complaints that the STR
has violated one or more of the requirements of the operating permit,
site plan approval, where applicable, and/or this chapter.
(c)
To renew an existing operating permit, the owner shall provide
the following:
[1]
Completed operating permit application and associated information required pursuant to § 123-12H(5) above.
[2]
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.
(7)
Change in ownership. Operating permits shall not transfer to a new
owner and shall become null and void immediately upon a change in
ownership.
(a)
The new owner shall be required to submit a new operating permit
application in accordance with this section if they intend to continue
operating the STR.
(b)
Existing valid non-owner occupied STR site plan approvals shall
transfer to the new owner upon issuance of the new operating permit,
unless the subject STR is in violation of this chapter.
(8)
Modifications and improvements to STR structures. Any and all improvements
or modifications to a STR structure, accessory building and property
shall require review and approval by the Town of Esopus Building Department
to ensure continued compliance with this section.
(9)
Existing STR use.
(a)
Property owners currently operating a STR use on the enactment
date of this section and which are listed on the Ulster County maintained
list of homes used for short term rentals shall be notified by the
Town of the Esopus Building Department that compliance with these
regulations shall be required within 90 days of receipt of the letter.
(b)
Property owners currently operating a STR use on the enactment
date of this section and which are not listed on the Ulster County
maintained list of homes used for STR uses shall be considered to
be in violation of this section if an application for an operating
permit and an application for site plan approval, in the case of a
non-owner-occupied STR use, are not submitted to the Building Department
within 90 days of the enactment date of this section followed by the
issuance of necessary approvals in accordance with this section.
(10)
Occupancy restrictions and requirements.
(a)
All STR uses shall comply with the following occupancy restrictions:
[1]
Children 12 years and under shall not be counted as guests for
the purposes of this section.
[2]
Occupancy shall be limited to a maximum of two guests per bedroom,
as defined by this chapter, plus two additional guests at any one
time. For example, a two-bedroom house will be permitted up to six
guests.
(b)
All STR uses shall comply with NYS Building Code requirements.
(11)
The property owner/host shall make available to guests of the
STR use the following:
(a)
Copies of Chapter 96, Property Maintenance Law of the Town of Esopus, and other relevant local laws and regulations identified by the Building Department.
(b)
Approved maximum house occupancy in accordance with this section.
(c)
Emergency contact information including the property owner/host;
property address; Town of Esopus Building Department; Central Hudson
Gas and Electric; and other information identified by the Building
Department. The owner shall also ensure the property address number
is clearly identifiable from the street.
(d)
A map depicting the property boundaries.
(e)
Approved STR uses will be assigned a registration number that
shall be included in all rental listings, both print and online, and
posted within the STR.
(12)
On- and off-site outdoor advertising of STR uses are prohibited.
(13)
Parking:
(a)
The number and size of parking spaces available for a STR use shall be in compliance with § 123-26, Off-street parking and loading standards.
(b)
On-street parking shall not be used to meet applicable parking
requirements.
(c)
Existing driveways shall be utilized to meet required parking
needs. No new parking areas/driveways, whether pervious or impervious,
shall be created in front yards to meet applicable parking requirements.
(14)
Enforcement. Violations of this section and related penalties shall be addressed in accordance with Article VI, Enforcement and Administration.
(15)
Grounds for revocation of operating permit and site plan approval.
(a)
The Building Inspector may serve a notice of revocation of a
STR operating permit and, if applicable, site plan approval, based
upon, among others, any of the following grounds:
[1]
The property owner is in violation of any provision of the Code
of the Town of Esopus at the time the renewal is requested.
[2]
The property owner has falsified or failed to provide information
in the application for an operating permit/site plan approval or application
for renewal of the operating permit.
[3]
The property owner violated any provision of this article during
the term of the STR operating permit.
[4]
The property owner or any tenant violated any provision of the
Code of the Town of Esopus.
[5]
The property owner or any tenant violated any provision of the
Penal Code of the State of New York, which violation occurred on or
pursuant to the occupancy of the STR.
[6]
Any conduct on the premises which is unreasonable under the
circumstances and which disturbs the health, safety and welfare of
the neighborhood or which otherwise creates a public nuisance.
A.
Campgrounds.
(1)
Purpose. The purpose of this section is to promote the health, safety,
and general welfare of the inhabitants of and visitors to the Town
of Esopus and to protect the Town's natural and environmental
resources by establishing specific minimum requirements and regulations
governing campgrounds. It is further the purpose of this section to
adequately plan and allow for the development of campgrounds in order
to promote the local economy and to assist in implementing the recommendations
of the Town's Comprehensive Plan related to expanding opportunities
for outdoor recreation, ecotourism, waterfront access, and to increase
the Town's overall economic development opportunities.
(2)
Special use permit required.
(a)
The Planning Board may approve a special use permit for campgrounds in accordance with this section and § 123-46 of this chapter.
(b)
Expansion of existing campgrounds. Any proposed expansion of
a campground existing on the effective date of this section by 25%
of existing campsites, total building square footage or disturbed
area shall be required to obtain a special use permit.
(3)
Districts permitted. Campgrounds shall be allowed in certain zoning
districts pursuant to the Schedule of Permitted Uses.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(4)
Limitations.
(a)
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.
(b)
A campground owner, or operator or caretaker/superintendent,
may reside on the campground property provided they live in an approved
residential structure.
(c)
Each campsite is to be used and occupied (except for occasional
guests) for camping and recreational purposes.
(d)
Campgrounds may be occupied by tents, travel/camping trailers,
motor homes, cabins, cottages and similar facilities designated for
temporary shelter.
(e)
The removal of wheels and placement of a unit on a foundation
in a campground is prohibited.
(f)
Use of manufactured homes, as defined herein, for camping purposes
is prohibited.
(g)
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 chapter shall be exempt.[2]
[2]
Editor's Note: Former Subsection A(4)(h), concerning campgrounds
as an accessory use to marinas, was repealed 8-18-2022 by L.L. No.
2-2022.
(5)
Accessory uses. Campground offices, recreational facilities, restrooms,
showers, laundries, dumping stations, and other uses and structures
customarily incidental to the operation of campgrounds are permitted
as accessory uses in campgrounds.
(6)
Application requirements. In addition to what may be required as
part of the special use permit application, the following information
shall be provided to the Planning Board.
(a)
The name and address of the applicant; or the name and address
of each partner if the applicant is a partnership; or the name and
address of each officer and director if the applicant is an association
or corporation.
(b)
The name and address of the owner or owners of the lot(s) upon
which the campground is to be located.
(c)
A complete legal description of the lot(s) upon which the campground
is to be located.
(d)
The number and type of sites (tent camping, cabin/cottage, recreational
vehicle) to be provided in the campground.
(e)
The following plans and specifications prepared and certified
by a registered architect, licensed professional engineer or license
surveyor. Such plans shall show the date thereof and the name of the
applicant, drawn to a scale of 20 feet to one inch, showing contours
at two-foot intervals, north arrow, and shall show and identify the
following:
[1]
The location, boundaries and acreage of the lot(s) proposed
to be used as a campground and the zoning designation(s).
[2]
Location map which shows all land uses within 300 feet of the
proposed campground property boundaries, including the type of land
use, location of structures, lot lines and the names and widths of
all roads.
[3]
Location, boundaries and acreage of existing woodlots, fields,
and maintained lawn areas and proposed acreage of any proposed disturbance
to each.
[4]
Location of watercourses, NYSDEC classified streams and jurisdictional
(NYSDEC and/or ACOE) wetlands, and flood hazard areas and the square
feet of any proposed disturbance to each.
[5]
Site plan depicting each proposed campground site and type of
site (tent camping, cabin/cottage, recreational vehicle), all driveways,
internal roads, parking areas, pump out stations, restroom and shower
facilities, refuse collection areas, playgrounds, utilities, and all
other campground facilities and structures.
[6]
Location, type and size of all existing structures and any proposed
structures and other improvements.
[7]
Grading and landscaping plans.
[8]
Stormwater management plan.
[9]
Proposed signage, including location, type and dimensions of
sign(s).
(f)
Detailed drawings of and specifications for all proposed roads,
structures, utilities, and other improvements, and the method and
plan for exterior lighting within the campground.
(7)
Such application shall be accompanied by permit applications, permits
and other acceptable documentation indicating compliance with all
pertinent rules and regulations of local, state or federal agency
having jurisdiction.
(8)
If the applicant is not the owner of the premises upon which the
proposed court or campground is to be located, such application shall
also be accompanied by an original or certified copy of a lease of
the premises to the applicant, and a statement signed and acknowledged
by the owner of the premises, consenting that the premises be used
as a campground.
(9)
Such application shall be accompanied by the proper application fee,
in accordance with the fee schedule adopted by the Town Board. The
applicant shall also be responsible for additional fees incurred by
the Town Engineer, Planner and other consultants that may be deemed
necessary to adequately review the application.
(10)
Minimum standards.
(a)
Acreage and road frontage required. Campgrounds shall require
a minimum of five contiguous acres and at least 100 feet of frontage
on a public road.
(b)
Campground location.
[1]
The campground shall be located in areas where grades and soil
conditions are suitable for use as a campground.
[2]
The campground shall be located on a well-drained site which
is properly graded and free at all times from stagnant pools of water.
[3]
Campgrounds, including individual campsites, parking lots and
all associated buildings and infrastructure shall maintain a minimum
setback of 100 feet from the property line of adjacent residential
uses. Preexisting campgrounds out of compliance with this provision
shall be allowed to continue provided all new campsites comply with
these setback requirements.
(c)
Screening. A properly landscaped buffer area of existing and/or
new native vegetation of at least 50 feet in width shall be maintained
alongside all campground boundaries adjacent to noncampground uses.
Existing campgrounds proposing new modifications shall only be required
to screen new campsites, roads and structures.
(d)
Campsites.
[1]
The campground shall be divided and marked off into campsites.
The campsites shall be numbered consecutively; the assigned number
shall be posted in each site in a highly visible location.
[2]
The total number of campsites shall not exceed 15 per acre.
[3]
Minimum sizes for individual campsites: 25 feet by 80 feet to
accommodate areas for recreational vehicles and camper trailers; and
25 feet by 50 feet for areas to be occupied exclusively with tents.
(e)
Vehicle and pedestrian accessibility.
[1]
Every campground shall be easily accessible from a public road.
[2]
Any campground containing more than 16 sites shall have two
points of entry and exit, but no campground shall have more than four
entry and exit points.
[3]
Every entrance and exit from the campground shall be so designed
and located as to provide safe and convenient movement of pedestrians,
bicyclists and vehicles into and out of the campground and to minimize
friction with the free movement of traffic on the public road to which
it connects. Every entrance and exit shall:
[4]
Internal campground roads shall be private, shall be constructed
with a stabilized driving surface and shall meet the following minimum
requirements:
[a]
All roads shall intersect at right angles.
[b]
Pervious road surfaces are strongly recommended.
All roads shall be maintained in a well-graded, well-drained condition
and surfaced to minimize dust.
[c]
Paved surfaces may be required in cases where it
is necessary for safety reasons and in other situations deemed necessary
by the Planning Board.
[d]
One-way roads shall be a minimum of 14 feet.
[e]
Two-way roads shall be a minimum of 20 feet.
[f]
Bridges shall be exempt from the dimensional roadway
requirements of this section, but shall be subject to all other requirements
herein and any other applicable Town regulation.
[g]
Adequate space to allow for safe pedestrian and
bicyclist movement shall be provided along internal campground roads.
Trails for pedestrians and bicyclists separated from internal campground
roads are strongly recommended.
[5]
Except in case of emergency, no parking shall be allowed on
any internal campground road.
(f)
Parking.
[1]
Each campsite shall have a minimum of two parking spaces.
[2]
Additional off-street parking space shall be provided at strategic
and convenient locations for guests and delivery vehicles.
(g)
Sanitary facilities.
[1]
All sanitary facilities, including waste disposal system and
water supply system must receive written approval from the New York
State Department of Health, the Department of Environmental Conservation,
Ulster County, and/or other appropriate state or local departments
or agencies.
[2]
Garbage cans with tight-fitting covers, in quantities adequate
to permit the disposal of all garbage and rubbish from the campground.
Such cans shall be kept covered and in sanitary conditions at all
times. An adequate supply of such cans shall be kept within an appropriate
distance of each campsite. Garbage and rubbish shall be collected
and disposed of outside the campground as often as may be necessary
to ensure that such cans shall not overflow.
(h)
Open space and landscaping.
[1]
Each campground shall provide open space for the use of the
occupants of such campgrounds.
[2]
Such open space shall be conveniently located in the campground
and shall have a total area equal to at least 10% of the gross land
area of the campground.
[3]
Every campground shall have suitable natural vegetative surfaces
in all areas not used for campsites, buildings, walkways, roads, and
parking areas. Trees or shrubs shall be provided to the extent necessary
to screen objectionable views, and to provide adequate shade and a
suitable setting for campsites or other facilities in the campground.
[4]
Views which shall be screened include fuel tanks and other nonresidential
uses, garbage storage and collection areas, and all abutting yards
of adjacent properties.
[5]
Other plantings shall be provided along those areas within the
campground which front upon public roads, to reduce glare from automobile
headlights and provide pleasant settings for campground users.
(i)
Required records. The owner or operator of the campground shall
keep a permanent record, in writing, of all persons occupying or using
the campground and related facilities, which shall include the name
and address of the occupant of each campsite and the plate numbers
of all vehicles, including RVs and travel trailers.
(j)
All campgrounds shall have appropriate numbers of staff on-site
at all times for emergency and informational purposes while the campground
is in operation and accommodating campers.
(11)
Marina camping. Subject to special use permit, camping may also be
permitted in conjunction with marinas and boatyards in the W Waterfront
District.
[Added 8-18-2022 by L.L. No. 2-2022]
(a)
A maximum of 12 campsites altogether shall be permitted at any marina and boatyard, subject to the standards of § 123-13A(10)(d) hereof.
(b)
The camping activity shall not occupy more than 1/3 of the property
and remain incidental and subordinate to the marina and boatyard.
(c)
Marina campgrounds shall only operate between April 1 and October
31 of each year. No campsite shall be occupied between November 1
and March 31 or be the residence of the owner or any other occupant.
(d)
All campsites shall be physically defined, numbered and designated
by signs for purposes of emergency services.
(e)
Campsites shall be separated by 10 feet from any specific marina
operations, and from associated internal vehicle traffic.
(f)
Camping permitted at marinas and boatyards shall otherwise comply with § 123-13A(10)(e) through (i) hereof, provided the Planning Board may modify such standards during special use application where appropriate to reflect the amount of camping proposed, the availability of services from the marina and boatyard operation and similar factors.
(g)
A detailed emergency preparedness plan for evacuation in the
event of a fire, imminent flooding or other disaster situation shall
be provided.
(h)
Marina camping campsites shall be used only for camping purposes
and maintained in a transportable condition at all times. No improvement
or living unit designed for permanent occupancy shall be erected or
placed on any campsite. No permanent external appurtenances, including,
but not limited to carports, cabanas, or patios, may be attached to
any recreational vehicle, and the removal of wheels or placement of
the unit on a foundation shall be prohibited.
(i)
If recreational vehicles are proposed to be on the property
between November 1 and March 31, they shall be stored in a single
designated storage area apart from the camping area located a minimum
of 50 feet from the mean high-water mark of the Rondout Creek and
a minimum of 20 feet from adjoining property boundaries, from which
all recreational vehicles shall be fully screened. The number of recreational
vehicles stored on the property shall not exceed the total number
of approved campsites.
(j)
Other than incidental and emergency repairs needed to maintain
drivability and/or to protect the health and safety of guests and
staff, no on-site vehicle repairs shall be permitted.
(k)
All outdoor music and camping associated outdoor activities
shall cease by 9:00 p.m. eastern standard time except for Friday and
Saturday when the time shall be extended to 10:00 p.m. No noxious
or offensive activities or nuisances shall be permitted and fires
shall be confined to designated fire pits that shall be provided by
the operator. Fireworks shall be prohibited.
(l)
Pets shall be licensed, leashed and kept under control at all
times.
(m)
All camping activities and improvements shall comply with Esopus Town Code Chapter 80, "Flood Damage Prevention."
(n)
The fire department shall have unimpeded access to the Rondout
Creek to withdraw water as needed in case of a fire on or near the
subject property.
B.
Day camps. A special use permit may be granted for the establishment
of a day camp as defined herein and in accordance with the following
standards and requirements:
(2)
The day camp has obtained and maintains all regulatory approvals
required by federal, state, or local agencies including, but not limited
to, the Ulster County Department of Health and Mental Health.
(3)
There shall be safe and adequate management of vehicular traffic
entering and existing the site, and particular safeguards covering
scheduled periods of dropoff and pickup of children.
(4)
Public address systems and loudspeakers shall be arranged so as to
prevent objectionable sound from being heard on any adjacent property.
(5)
All outdoor lighting shall be arranged so as to eliminate the glare
of lights toward nearby residential lots.
(6)
No building, activity area or recreation facility shall be less than
200 feet from any lot line and such shall be effectively screened
therefrom as required by the Planning Board.
(7)
No structure or part of the site shall be used as a permanent residence,
except for one dwelling unit which may be used by the owner or by
a caretaker.
C.
Hotels, motels and resorts.
(1)
Except when located in the BC or RD Zoning Districts, no building
or part thereof or parking or loading area shall be situated within
30 feet of any street or lot line, except that this distance shall
be increased to 50 feet when abutting a lot in residential use or
a residence district boundary line.
(3)
All areas occupied by buildings shall be suitably landscaped and maintained in accordance with § 123-47B(3) and (4).
(4)
Accessory to hotels, motels or resorts, the following uses may be
permitted:
(a)
One or more restaurants, or similar use covering not more than
25% of the gross floor area on the site.
(b)
Swimming pools and related facilities for the exclusive use
of guests of the motel or hotel.
(c)
Recreation facilities for use of guests, not to be located within
50 feet of any lot line.
(d)
Conference facilities/meeting rooms.
(e)
Additional accessory uses may be permitted if associated with
the principal use.
D.
Summer cottage colonies.
(1)
Minimum area. The minimum lot area for a summer cottage or bungalow
colony shall be five acres.
(2)
Occupancy. Such bungalows, cabins and cottages shall be designed
for occupancy by either one or two families per building and for no
more than eight consecutive months.
(3)
Bulk and density requirements of the site.
(a)
No building or structure or parking or recreation facility shall
be located closer than 100 feet from any lot or street line or the
Hudson River or the Rondout Creek.
(b)
All buildings must be spaced at least 15 feet apart.
(c)
Maximum site density shall be no greater than two bungalows,
cabins or cottages per acre.
(4)
Ownership. The entire site shall be in single, common or corporate
ownership and used for recreational and lodging purposes only.
(5)
Utilities. Water supply and means of wastewater treatment shall be
approved by the Ulster County Health Department.
(6)
Lighting. Outdoor lighting shall be arranged so as to eliminate the
glare of lights toward or onto adjacent residential properties. All
outdoor lighting, except that which is needed for security purposes,
shall be extinguished by 11:00 p.m., local time, or completely shielded
from the view of any adjacent property.
(7)
Noise. Outdoor public address systems, loudspeakers and similar equipment
shall be arranged so as to eliminate sound from being heard on any
adjacent property and shall only be used between the hours of 8:00
a.m. and 8:00 p.m., local time.
E.
Bed-and-breakfast establishments.
(1)
One-family dwellings. Bed-and-breakfast establishments shall only
be permitted within one-family dwellings in the zoning districts identified
in the Schedule of Permitted Uses.[4]
[4]
Editor's Note: Said schedule is included as an attachment to this chapter.
(2)
Non-owner-occupied. Within the Broadway Commercial (BC) and General
Commercial (GC) Districts, a bed-and-breakfast establishment shall
not be required to be owner-occupied.
(3)
Owner-occupied required. In all other zoning districts where permitted,
a bed-and-breakfast shall be the principal residence of the operator
and at least one bedroom shall be reserved for the owner's exclusive
personal use.
(4)
All bed-and-breakfast establishments shall be compatible with its
immediate neighborhood and meet the following regulations:
(a)
A bed-and-breakfast establishment may offer meals but only to
registered lodgers. A public dining room and/or bar is prohibited
except in the BC and GC Districts.
(b)
There shall be at least one off-street parking space per guest
room.
(c)
A bed-and-breakfast may have no more than 10 occupants as lodgers
in at least three and not more than five bedrooms at any one time.
(d)
No guest shall occupy the premises more than 14 days within
any thirty-day period.
(e)
Guest rooms shall primarily be accessed through interior entryways.
Secondary exterior entryways shall be limited such that the individual
guest rooms are not apparent from off the premises.
(f)
No food preparation or cooking for guests shall be conducted
within any bedroom made available to guests, with the exception of
coffee makers and similar appliances.
(g)
Small-scale receptions or similar gatherings may be held incidentally
to the primary bed-and-breakfast use, subject to the following:
[1]
Conforming bed-and-breakfast establishments existing on or before
the adoption of this chapter shall be required to obtain site plan
approval prior to holding small-scale receptions or similar gatherings.
[2]
Special use permit review of a proposed bed-and-breakfast establishment
will incorporate reviews for small-scale receptions or similar gatherings,
if proposed by the applicant.
[3]
The number and duration of the gatherings and the number of
participants may be limited by the Planning Board, based on the location
and characteristics of the site (e.g., size of parcel, level of traffic,
number of parking spaces, proximity to adjoining residences, number
of restrooms, and location urban or rural setting).
[4]
The gatherings and all participants shall be restricted to the
grounds of the bed-and-breakfast establishment.
[5]
The gatherings shall not involve the use of amplified sound
between the hours of 9:00 p.m. and 9:00 a.m.
(h)
The applicant shall comply with all applicable health codes,
building codes, and other applicable laws. Upon request, the operator
shall provide documentation that all required permits, including,
but not limited to, the County Health Department, and State, County,
and local highway permits, etc., have been obtained. Prior to the
issuance of a certificate of occupancy, the applicant must show that
all applicable permits have been received.
A.
Automotive repair shops.
(1)
The minimum lot size for such establishments shall be 15,000 square
feet, and the minimum street frontage shall be 100 feet.
(2)
Entrance and exit driveways shall have restricted widths of not less
than 16 feet and not more than 24 feet, shall not be located nearer
than 10 feet from any lot or street line and shall be so laid out
as to avoid the necessity of any vehicle backing out across any public
right-of-way.
(3)
Vehicle lifts or pits shall be located within a building, and no
repair work is to be performed outside a building, unless the size
of the vehicle prohibits indoor repair.
(4)
All automobile parts, supplies, and dismantled vehicles shall be
stored within a building enclosed on all sides, or shall be 100% screened
from all adjoining property and public rights-of-way by a fence.
(5)
All waste material shall be stored within a structure or 100% screened
from all adjoining property and public rights-of-way by a fence.
(6)
No building permit shall be issued for any such establishment within
a distance of 200 feet of a school, religious institution, hospital,
library or other automotive repair shop, as measured between the nearest
points of each of the lots or premises, regardless of the district
where either premises is located.
B.
Bulk fuel storage. No outdoor storage of bulk fuel for sale or distribution
shall be located within 100 feet of any residence district boundary
line.
C.
Commercial kennels, animal shelters, and veterinarians.
(1)
Commercial kennels, animal shelters and veterinarians that offer
boarding.
(a)
Minimum site area. Commercial boarding or breeding kennels must
be located on a lot having at least 10 acres. Veterinarians that offer
boarding shall require a minimum of five acres.
(b)
Density of animals. Commercial boarding, including veterinarians
offering boarding, animal shelters, and breeding kennels shall provide
a total of 100 square feet of enclosure for each animal. No less than
30% of the enclosure area shall consist of protected indoor space.
(c)
Setbacks. All buildings housing animals, pens, runs and structures
shall be located no closer than 300 feet from any lot or street line
and shall also be located no closer than 500 feet from any residential
dwelling that is located off the site.
(d)
Noise and quiet hours. All dogs and other animals which present
a potential nuisance by barking or other noises shall be contained
within buildings between the hours of 8:00 p.m. and 7:00 a.m., local
time, each day.
(e)
Sanitary and veterinary review. In all instances, all animals
shall be adequately housed, fed, controlled, fenced, inoculated and
otherwise maintained in a sanitary and safe manner so as not to create
a nuisance, health or safety hazard to nearby properties, property
owners or inhabitants of the neighborhood or the dogs themselves.
The Planning Board may require that a special use permit for a kennel
be reviewed annually, and may additionally require an inspection,
at the owner's expense, of the premises by a licensed veterinarian,
who shall prepare and submit to the Planning Board his observations
on the operation of the kennel.
(f)
Limitations. The special use permit for a kennel/shelter shall
apply to the entire property on which it is situated. If any part
of the site property is subdivided or sold, the special use permit
for the kennel shall become null and void.
(2)
Veterinarians. A veterinarian's office or animal hospital that
does not offer boarding shall not be subject to the above requirements,
provided:
D.
Craft manufacturing. The intent of this subsection is to permit the
establishment of craft manufacturing uses, including, but not limited
to, furniture making, ceramic, pottery and glass making, leather crafting,
jewelry making, food products, nonalcoholic beverages, printing, household
appliances, clothing/apparel, metal work, together with accessory
uses such as training or educational programs. Such uses may be permitted
in accordance with this chapter and subject to the following conditions:
(1)
May be carried out in one or more principal and/or accessory building(s)
with a combined footprint not to exceed 7,500 square feet per business
or lot.
(2)
At least 25% of the goods produced on the premises are available
for retail sale on the premises in space designed for display and
sale of goods.
(3)
No more than five persons, not including the owner(s), whose primary
function is the manufacture of goods are employed.
(4)
The use does not generate noise, vibration, light, glare, smoke or
similar emissions beyond those normally associated with retail use.
(5)
There is no external storage or display of unfinished goods or raw
materials, unless fully screened from adjoining properties and public
roads.
E.
Mining and excavation. In those districts where excavation and mining
are permitted, such activities shall be regulated as follows:
(1)
Large-scale mining and excavation as defined herein is regulated
under the New York State Mined Land Reclamation Law, as amended, and
shall conform to all standards set forth in that law. In its review
of an application for a special use permit, the Planning Board shall
consider the location of entrances and exits on Town roads and the
designation of Town roads for hauling. The Planning Board may also
make recommendations to the New York State Department of Environmental
Conservation regarding setbacks, barriers to restrict access, dust
control and hours of operation.
(2)
Small-scale mining and excavation as defined herein may be authorized
by the Planning Board with a special use perming and upon review of
a mining plan which establishes setbacks, hours of operation and a
detailed reclamation plan.
F.
Fuel sales, automotive and marine.
(1)
The storage of gasoline or flammable oils in bulk for the purpose
of retail sale on-site to automobiles, trucks, other land vehicles
and watercraft shall be located fully underground and not nearer than
50 feet from any lot line other than the street line, except where
superseded by the NYSDEC or other regulating agency.
(2)
No gasoline pumps shall be located nearer than 25 feet to any street
line or 50 feet from any other property line, except where superseded
by the NYSDEC or other regulating agency.
(3)
In the W District, retail sale of gasoline shall be limited to marine
vessels only.
G.
Marinas and boatyards. The following requirements and standards shall
apply to new marinas, to the expansion of existing marinas and to
related uses, such as sale of marine supplies, services, fuel, equipment,
boatyards, boat repairs or manufacture, assembly or repair of marine
products, such as boats, sails and hardware, charter boats and fishing
guide operations, boat rentals or annual membership clubs which are
water-dependent.
(1)
Location. Marinas shall be located in areas where physical attributes
required by marinas already exist or can be created with minimal impact
and where minimal initial and subsequent maintenance dredging will
be required. Such physical attributes include natural depths at or
exceeding minimal navigable depths, low rates of sediment transport
and sufficient tidal action to promote flushing. Dredging shall be
limited to the minimum dimensions necessary for the project. Marinas
shall not be permitted in areas that would require frequent maintenance
dredging that would harm aquatic life or would prevent the relocation
of benthic organisms. Such areas would include those which would require
maintenance dredging more often than once every five years.
(2)
Design objectives.
(a)
To the extent feasible, marina basins shall be designed for
maximum tidal flushing and circulation due to both river/creek currents
and the action of wind, while maintaining safe levels of wave action
within the protected basin. The following minimum design criteria
to promote flushing shall be applied to the maximum extent practical:
[1]
Basin and channel depths shall not be deeper than the prevailing
depths in the water body to which they connect.
[2]
Basin and channel depths shall gradually increase toward open
water or basin entrances.
[3]
Openings shall be provided at the opposite ends of enclosed
basins to establish flow-through circulation. Only one opening must
be navigable; the other opening or openings shall be as large as practicable
to promote circulation. Culverts or other enclosed conduits may be
used in place of open channels.
[4]
The configuration chosen shall minimize or prevent the formation
of stagnant water zones that tend to collect debris or cause shoaling
or flushing problems.
(b)
The introduction of contaminants into the coastal waters from
rainfall runoff polluted with oils, greases, organic and inorganic
wastes and other potentially harmful substances shall be limited to
the extent feasible. Therefore, new parking areas shall utilize porous
pavements or other approved measures to reduce rainfall runoff, and
marinas must incorporate best management practices in their design,
including but not limited to the following:
[1]
Pervious land surface and vegetative cover shall be used wherever
possible to minimize stormwater runoff and to prevent polluted water
from reaching adjacent waters and wetlands, to the extent feasible,
by site grading or other methods.
[2]
Runoff from parking lots, maintenance, fueling and washdown
areas must be treated in a manner that prevents oils, grease and detergents
from reaching adjacent waters and wetlands. Accepted treatment methods
include oil and grease filtering catch basins, retention areas and
exfiltration systems.
(c)
Structures shall be sited inland from the water's edge
as much as possible to maintain open space along the waterfront, to
minimize exposure to flooding and to reduce runoff and nonpoint source
water pollution.
(3)
Development standards.
(a)
Applicants must demonstrate that there are adequate water supply
and sewage disposal facilities to serve all of the project's
needs.
(b)
Sewage pumpout facilities shall be provided at new marinas and
expansion of existing marinas at a minimum rate of one pumpout station
for every 100 boats accommodated or major fraction thereof.
(c)
Adequate restroom facilities for marina users will be required
to discourage any overboard discharge of sewage from boats in order
to protect water quality. The number of toilets required for any given
marina shall be determined by the nature and size of the marina.
(d)
Signs must be provided to identify the location of public restrooms
and pumpout facilities. Signs must also fully explain the procedures
and rules governing use of the pumpout facilities.
(e)
Trash receptacles shall be located conveniently to encourage
the proper disposal of trash and waste. A maximum spacing of 100 feet
between receptacles shall be maintained on all piers and docks.
(f)
Required off-street parking shall be regulated by § 123-26. Parking spaces shall be provided at a minimum rate of 0.60 spaces per slip, plus one additional space for each two employees and additional spaces required by this Code for separate retail or other uses on premises.
(g)
The underwater members of piers and docks, including piles,
shall not be constructed using creosote treated lumber.
(h)
All marinas shall institute spill prevention emergency response
plans. Automatic cutoffs for hoses in the event of an accident are
mandatory.
(i)
At no time shall a marina permit the outdoor storage of unregistered,
abandoned, or inoperable boats.
(j)
Accessory uses or mixed-uses may be permitted at a marina if
allowed in the applicable zoning district pursuant to the Schedule
of Permitted Uses[1] and with all required applicable approvals.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(4)
On-board residency. Nothing in these regulations shall prevent the
owner of a boat docked at a marina from living on-board for an extended
period of time, subject to the following:
(a)
Any such occupancy shall comply with all standards of this chapter
as well as all other applicable health and safety regulations.
(b)
Any boat docked at a marina shall be maintained in a seaworthy
condition and shall be required to leave its dock or mooring under
its own power or sail at least once every six months for a period
of at least 72 hours.
(5)
Marina camping. Subject to special use permit and § 123-13A(11) hereof, camping may be permitted in conjunction with marinas and boatyards in the W Waterfront District.
[Added 8-18-2022 by L.L. No. 2-2022]
H.
Commercial event venue.
(1)
Restaurants, hotels, resorts, bed-and-breakfast establishments, or
farm and craft breweries or other agriculture/farm-based businesses
with existing banquet facilities where commercial event venues are
accessory uses and in compliance with this chapter shall not be subject
to this section.
(2)
The commercial event venue shall be located on a site with a minimum
of three acres.
(3)
The site of the commercial event venue shall have access on a county
or state road. Access to a local road or street may be permitted by
the Planning Board upon a finding that the road can handle the traffic
volume for the proposed event.
(4)
Parking areas may be designated on fields or lawn areas that are
capable of handling motor vehicle traffic.
(5)
Catering services, including the use of food trucks, are allowed
to provide the food and beverages for the special event. On-site preparation
of food shall be subject to all applicable Board of Health approvals.
(6)
Any venue which provides overnight accommodations must comply with
all applicable codes and laws related to the provision of said accommodations.
(7)
Alcoholic beverages may be consumed on-site provided the venue or
catering service has appropriate insurance coverage and complies with
local laws. Open or cash bars are allowed subject to New York State
Liquor Authority rules and regulations.
(8)
In each year subsequent to the special use permit approval, a notice
shall be sent to the commercial event venue/property owner reminding
the person that they are holding a special use permit under this section
and that a yearly renewal is required. If there are no reports of
violations after the first year, a biennial (i.e., taking place every
other year) renewal may be granted by the Building Department.
(9)
There shall be a fee paid at the time of the initial application,
and additional feeds upon Planning Board approval based upon the number
of anticipated events. The applicant shall pay fees to the building
department in accordance with a fee schedule adopted by the Town Board.
I.
Car washes. In any district where permitted, the Planning Board may grant a special use permit for a car wash, as either a primary or accessory use, provided that the Planning Board finds that the application meets the requirements of § 123-46, Site plan review, and further meets all applicable requirements set forth below. All legally operating car washes in existence on the date this subsection goes into effect shall lawfully continue and shall further comply with § 123-14I(4), (5), (6), (7), (8), (9), and (10) with respect to any proposed expansions or renovations.
(1)
Minimum lot size for car wash facilities, including facilities that
are accessory to an automobile repair shop, automotive fuel sales,
or other similar primary use, shall be 3/4 of an acre and such lot
shall have street frontage of at least 100 feet.
(2)
No car wash shall be located within 1,500 linear feet of another
car wash.
(3)
All vehicular access shall be to a state or county road.
(4)
All washing and machine-drying operations shall be conducted within
a substantially enclosed building, recognizing that washing and drying
bays require entrance and exit doors.
(5)
The building exit for automobiles that have completed the washing
and machine-drying process shall be setback a minimum of 50 feet from
the nearest point of any street line and a minimum of 50 feet from
the nearest point of any residential lot line.
(6)
No washing, vacuuming, steam-cleaning, waxing, or polishing shall
be permitted within 75 feet of a residential building located in a
residential district.
(7)
All lot lines abutting residential property shall be screened by
a solid wall or fence of a design acceptable to the Planning Board.
Such screen shall not be less than four feet nor more than six feet
in height and shall be maintained in good condition.
(8)
All entrance and exit lanes and parking areas shall be surfaced with
an asphaltic or Portland cement binder so as to provide a durable
and dustless surface and shall be so graded and drained to dispose
of all drainage water therein.
(9)
Any lighting used shall be so arranged as to reflect the light away
from adjoining premises and upon adjacent traveled ways.
(10)
All operations shall be conducted completely within the lot
lines of the property.
A.
Agricultural uses and riding stables. The following provisions shall
apply only to agricultural uses and accessory uses thereto, including
irrigation, where plants or animals are produced, kept or maintained
for sale or lease, provided that there shall be no storage of manure
or other odor- or dust-producing substance or use, except spraying
and dusting to protect vegetation, within 150 feet of any street or
lot line:
(1)
The raising (storage and packaging) of field and garden crops, truck gardens, the maintenance of vineyard and orchard farming and nursery or commercial greenhouses. Refer to § 123-15E for regulations pertaining to roadside farm stands.
(2)
The keeping, breeding and raising of cattle (including dairies),
sheep, goats, pigs and horses and rental of horses shall conform to
the following special requirements:
(a)
A maximum of two such domestic animals per acre shall be allowed
on lots of over one and under 10 acres. There shall be no stable,
similar animal housing or confining areas closer than 50 feet to all
street or lot lines for lots under five acres and closer than 150
feet to all street or lot lines for lots over five and under 10 acres.
(b)
On lots over 10 acres and on said lots where there exist over
100 such domestic animals there shall be no stable, similar animal
housing or confining areas closer than 750 feet to the nearest residence
building on an adjoining lot. In no instance shall the minimum distance
from any street or lot line be less than 150 feet.
(3)
Commercial poultry farms and processing facilities. Commercial poultry
farms and commercial processing facilities shall conform to the following
special requirements:
(a)
A maximum of 24 fowl per acre shall be allowed on lots of over
one and under five acres, with high-density confining shelters prohibited.
(b)
A maximum of 30,000 fowl shall be allowed on lots of over five
and under 10 acres, with high-density confining shelters for fowl
permitted with dry litter disposal operation only and with temporary
storage of waste permitted for periods not to exceed 30 days.
(c)
High-density confining shelters for fowl on lots of 10 acres
or more shall be permitted, with dry litter disposal operations, and
all buildings containing fowl or litter shall be no closer than 150
feet to any street or lot line. Wet litter disposal operations are
permitted subject to the following special requirements:
[1]
All buildings containing fowl or litter shall be no closer than
150 feet from all street or lot lines and no closer than 750 feet
from the nearest residence building on an adjacent lot.
[2]
The disposal of litter on the property shall not exceed 20 tons
per acre per year, and not more than two applications for such operations
shall be granted annually.
[3]
The storage area of the liquid storage tanks shall be no smaller
than the floor area of the confine.
[4]
The liquid storage tanks shall be at least six feet deep.
[5]
Sludge or other products produced by the operation must be stored
in a tank or suitable container until removed.
(4)
Barns, silos, storage buildings and other related structures accessory
to any aforementioned use.
B.
Bus shelters.
(1)
Applicability and required approvals.
(a)
Bus shelters, as defined in § 123-61 of this chapter, shall be permitted only by a license issued by the Town Board.
(b)
Bus shelters may be permitted only at bus stops designated by
Ulster County Area Transit or when associated with multifamily housing,
senior housing, or similar uses that serve a large number of tenants
or customers and who would benefit from a sheltered location to await
rides.
(c)
In addition to the Town Board license, bus shelters proposed
within a public right-of-way shall be subject to following additional
approvals.
[1]
Subject to approval from the Town of Esopus Highway Department
when proposed within a Town of Esopus maintained right-of-way.
[2]
Ulster County Department of Public works when proposed within
a Ulster County maintained right-of-way.
[3]
New York State Department of Transportation when proposed within
a state-maintained right-of-way.
(2)
Setbacks.
(a)
Bus shelters approved in accordance with this section shall
be exempt from the yard setback requirements of this chapter.
(b)
Where a curb is present, there shall be a minimum of four feet
of clearance from the face of the curb to any portion of the bus shelter
or the bus shelter shall be placed at the back of the existing sidewalk.
(c)
Where no curb is present, the front of the bus shelter shall
be at least 10 feet from the edge of the pavement of the adjacent
road.
(d)
Additional setbacks may be required depending upon existing
conditions.
(3)
Bus shelter standards. Bus shelters shall comply with the following
standards:
(c)
A minimum of five feet of pedestrian pass-by, including clearance
between poles, hydrants, and other obstacles shall be maintained on
the adjacent sidewalk.
(d)
The bus shelter shall be fully transparent, with the exception
of the roof.
(e)
No advertising signage shall be allowed on any bus shelter,
with the exception of bus schedules and related information, including
public safety information.
(f)
Sitting benches are encouraged, provided they do not inhibit
accessibility or compromise safety.
(g)
Lighting of the bus shelter and the boarding area shall be optional.
When a bus shelter is proposed to be illuminated, only the minimum
amount of light shall be permitted to ensure the safety of passengers.
(h)
Bus shelters shall be maintained in good repair and owners,
agents or operators of bus shelters shall be responsible for the cleaning,
repairing or replacement of any part thereof.
(i)
The Esopus Town Board, and the appropriate involved organization
or agency, including, but not limited to Ulster County Area Transit,
Ulster County Highway Department, and the New York State Department
of Transportation, shall retain the right to require specific design
elements for bus shelters that are under their jurisdiction.
(4)
Review and application procedures.
(a)
Town Board license. No bus shelter shall be constructed without
a license from the Esopus Town Board and a building permit from the
Building Department. When a proposed bus shelter is associated with
a project requiring one or more approvals from the Planning Board,
the Planning Board shall forward the necessary application materials
to the Town Board for consideration of the license.
(b)
An application for a license from the Town Board shall include,
at a minimum, the following information.
[1]
Plans of the proposed bus shelter, landing pad and all related
elements, including the location, dimensions and a rendering or photographic
example of the proposed shelter.
[2]
Identification of adjacent pavement width and right-of-way.
[3]
Identification of aboveground and underground utilities.
[4]
Identification of all proposed utility connections.
[5]
Identification of all easements to be continued, created, relocated
or abandoned and written approval from the owner of land on which
the bus shelter is proposed.
[6]
If the proposed bus shelter is located on private road, the
applicant must have written documentation from the owner or their
representatives where the bus shelter is proposed to be located, approving
the erection and maintenance of said bus shelter.
[7]
Identification of any existing traffic signs or any obstructions
to sight clearance within 15 feet of the proposed bus shelter.
[8]
Additional information as may be requested by the Town Board.
(5)
Preexisting, nonconforming bus shelters.
(a)
Bus shelters existing at the time of the effective date of this
section and which do not comply with the requirements of this section
shall be considered preexisting, nonconforming structures and subject
to the following requirements.
(b)
The Town of Esopus finds that nonconforming bus shelters may
present a danger to the residents and visitors of the Town of Esopus
and the traveling public and further may be adversely impacting the
aesthetics of the Town. The Town of Esopus further finds that bringing
nonconforming bus shelters into compliance or removing nonconforming
bus shelters is critically important to protecting public health,
safety and welfare and the aesthetics of the Town.
(c)
Preexisting, nonconforming bus shelters shall comply with the
following requirements.
[1]
The owner, agent, or operator of said bus shelter and the property
owner on which the bus shelter is located shall be notified by the
Town of Esopus Building Department that said shelter shall be required
to come into compliance with the requirements of this section within
90 days of receipt of the letter. The written notice shall be served
by posting a copy of such notice upon the bus shelter and mailing
a copy of such notice by certified mail, return receipt requested,
to the owner, agent or operator of said bus shelter and the property
owner on which the bus shelter is located.
[2]
If said bus shelter is not brought into compliance with this section within the ninety-day timeframe, both the owner, agent, or operator of the bus shelter and the property owner on which the bus shelter is located shall be in violation of this section and the requirements of § 123-15B(6) shall apply.
(6)
Notice of violation and enforcement.
(a)
Notice of violation. All written notices under this section
shall be served by posting a copy of such violation notice upon the
bus shelter in violation of this section and mailing a copy of such
notice by certified mail, return receipt requested, to the owner,
agent or operator of said bus shelter and the property owner on which
the bus shelter is located.
(b)
Public hearing; removal by Town; assessment of expense. Upon
the failure of an owner, operator or person in control of the bus
shelter and/or the property owner on which the bus shelter is located
to correct the condition complained of within 30 days of the date
the notice was posted and mailed, the Town Board shall schedule a
public hearing.
[1]
The public hearing shall be held upon notice posted conspicuously
on the affected property and forwarded to the owner, operator or person
in control of the bus shelter and the property owner on which the
bus shelter is located, as it appears on the current assessment records
of the Town, by certified mail, return receipt requested. Posting
and service of such notice shall not be less than 10 days prior to
the date of the public hearing. The public hearing shall be held within
30 days of the posting and service of such notice.
[2]
The Town Board, after a public hearing as required herein, may
cause the removal of the bus shelter from any premises within the
Town of Esopus, upon the failure of the owner, operator or person
in control of the bus shelter or the property owner on which the bus
shelter is located, to comply with the order. Said removal may be
performed by the Town of Esopus, by its designee, or agent, including
a private contractor. The Town Board shall ascertain the cost of the
proceeding and the costs of removal and assess such expense, plus
a fee for administration and overhead of 25% against the record owner
of the property. Thereupon, said charges shall become and be a lien
upon the property on which the removal was performed and shall be
added to and become and form a part of the taxes next to be assessed
and levied upon such lot or land and shall bear interest at the same
rate as taxes and shall be collected and enforced by the same officer
and in the same manner as taxes levied and assessed against such property.
C.
Cemeteries.
(1)
Minimum site area. Where it is not accessory to a religious assembly
or use, a cemetery shall have a minimum area of one acre.
(2)
Setbacks.
(a)
Setbacks for plats. No burial or memorial plots or buildings
shall be located closer than 50 feet to any residential lot line,
except that when a dense evergreen hedge or a wall or landscaped strip
of at least six feet in height, providing complete visual screening
from all adjacent residential properties, is provided, burial or memorial
plots less than six feet in height may be located no closer than 20
feet from any residential lot line.
(b)
Setbacks for mausoleums. All mausoleum buildings shall be located
no closer to any lot or street line than twice the minimum setback
for any nonresidential structure permitted in the zoning district
in which the mausoleum is to be located.
(3)
Human crematories. Crematories for human remains shall be located
only in the LI and HI Districts.
D.
Farm and craft breweries, cideries, distilleries or wineries as defined
herein may be permitted in certain zoning district in accordance with
the Schedule of Permitted Uses[2] and subject to the following standards.
(1)
Location standards for farm breweries, cideries, distilleries and
wineries. A farm brewery, cidery, distillery or winery may be established
and operated on the same lot as an existing agricultural use. Notwithstanding
the foregoing, a farm brewery, cidery, distillery or winery may be
established on a lot without an existing agricultural use provided
that such lot has frontage upon a state highway. However, the Planning
Board may approve such facility with a location upon a county road
or Town highway subject to a finding that safe access for vehicular
traffic, especially any truck traffic, can be provided in such a manner
that will minimize potential hazards to existing pedestrians, bicyclists
and motorists on such county or Town roads.
(2)
Standards for all breweries, cideries, distilleries and wineries.
(b)
Public assembly. The property's ability to accommodate
the assembly of people for events, including, but not limited to tastings,
shall be determined by the Planning Board during site plan review.
(c)
Licenses required. The operator shall obtain all state and federal
licenses to operate a brewery, cidery, distillery or winery within
one year of the approval of the special permit by the Planning Board.
(d)
Catering services, including the use of food trucks, are allowed
to provide food and other beverages at a brewery, cidery, distillery,
or winery.
(e)
Restaurants subject to site plan approval. Restaurants directly
associated with the operation may be permitted and shall require site
plan approval.
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.
E.
Roadside farm stands. Roadside farm stands shall comply with the
following standards. In all districts, the bulk, area and parking
standards of the district shall apply.
(1)
At least five off-street parking spaces shall be provided.
(2)
Ingress to and egress from such use shall be so arranged as to provide
minimum interference with through traffic on the street.
(3)
The gross floor area under a roof shall not exceed 2,000 square feet
and at least 20% of the products for sale shall be grown on the premises
or other premises owned by the operator.
F.
Logging operations.
(1)
Applicability. The provisions of this section shall apply to all
parcels of three or more acres on which logging operations are proposed,
whether on one lot to be harvested or two or more contiguous lots.
Persons or corporations permitted to undertake logging operations
shall only be those on the current list of certified timber harvesters,
as maintained by the New York Logger Training Program, or the property
owner if undertaking the logging himself without paid employees.
(2)
Exemptions. These provisions shall not apply to the following:
(a)
Harvesting of trees and firewood for the personal use of the
property owner on the same site.
(b)
Reasonable site clearing preparatory to construction of a building
for which a building permit has been issued or a site plan or subdivision
plat approved.
(c)
Clearing of land for rights-of-way for utilities.
(d)
Clearing and maintenance of land for agricultural purposes.
(e)
Harvesting of Christmas trees.
(f)
Any other removal of timber from a lot in quantities of less
than 20 standard cords of wood, 2,000 cubic feet or 10,000 board feet,
as measured by the international 1/4-inch log rule, within any given
calendar year.
(3)
Properties in state programs exempted. Lands anywhere in the Town
which are enrolled under § 480-a of the New York State Real
Property Tax Law are exempted from these provisions, provided that:
(a)
A copy of a valid certificate of approval of enrollment in § 480-a
of the Real Property Tax Law is presented to the Zoning Enforcement
Officer or the Logging Inspector, if one is designated by the Town
Board, prior to the commencement of any commercial logging operations.
(b)
A copy of the renewal forms certifying continued enrollment
of a parcel in the § 480-a program is filed annually in
years of active logging with the Zoning Enforcement Officer.
(c)
A copy of file maps and management plan from § 480-a
of the Real Property Tax Law is submitted in conjunction with a certificate
of approval.
(d)
The standards below, pertaining to buffers and hours of operations,
are complied with in full, irrespective of the requirements of § 480-a
of the Real Property Tax Law.
(4)
Submission procedure.
(a)
The Zoning Enforcement Officer shall instruct the applicant
to obtain a copy of the most current version of the New York State
Forestry Voluntary Best Management Practices for Water Quality - BMP
Field Guide, or future replacement document.
(b)
The applicant or his representative shall submit the following
information to the Zoning Enforcement Officer in a form established
by the Zoning Enforcement Officer:
(c)
The Zoning Enforcement Officer shall identify the owners of all property adjacent to the proposed logging operation from the most recent tax rolls and cause a notice to be mailed, by certified mail (return receipt requested), to each such property owner at least 20 days prior to the first date on which logging is proposed to begin. Such notice shall include the items provided for in Subsection F(4)(b)[1], [2] and [3] above.
(5)
Management plan.
(a)
A commercial forest management plan shall be submitted that
shows the following information and that is consistent with the of
the most current version of the New York State Forestry Voluntary
Best Management Practices for Water Quality - BMP Field Guide, or
future replacement document, as well as other applicable guidance
documents and regulations:
[1]
Land area of the site to be logged.
[2]
Location of the site on a Tax Map, a USGS topographic map and
a USDA soils survey map.
[3]
Approximate existing number of trees.
[4]
Approximate number of trees to be harvested.
[5]
Location of streams, water bodies and wetlands on the site and
the impact of logging activities upon these features.
[6]
Identification of specific soil types and slopes present on
the site and of erosion and stormwater control measures to be implemented.
[7]
Maintenance and repair of public roads.
[8]
Clearly defined and marked property lines and establishment
of buffer zones to ensure that logging operations will not extend
beyond the property line.
[9]
Cleanup and reclamation plans.
[10]
The location of major skid roads and loading areas.
[11]
A time schedule for all of the above activities.
(b)
The Zoning Enforcement Officer may engage a forestry consultant
from the list of certified cooperating timber harvesters, as maintained
by the New York Logger Training Program, to review the commercial
logging proposal.
(6)
Necessary agreements. Prior to final approval, the applicant shall
present to the Zoning Enforcement Officer a copy of a signed contract
between the logger and property owner(s), which shall include a performance
bond or other form of surety to ensure proper cleanup and implementation
of the forest management plan and to ensure consistency with the most
current version of the New York State Forestry Voluntary Best Management
Practices for Water Quality - BMP Field Guide, or future replacement
document, as well as other applicable guidance documents and regulations.
However, any financial arrangements between the logger and the property
owner(s) may be deleted from the copy of the signed contract submitted.
(7)
State regulations. All regulations promulgated by the New York State
Department of Environmental Conservation shall be strictly adhered
to, and all required stream or wetland disturbance permits shall be
secured and in effect before the commencement of logging.
(8)
Access.
(a)
Where a proposed commercial logging operation is to use or develop
an access onto a Town highway, such proposal shall be referred to
the Town Highway Superintendent, who shall approve such access, subject
to the following conditions:
[1]
Proper posting of site entrance and exit signs, including "truck
entrance" signs.
[2]
No skidding of timber shall be permitted across Town highways
as part of the logging operation at any time.
[3]
The Town highway shall be cleared of dirt, mud and vegetation
debris on a daily basis to the satisfaction of the Town Highway Superintendent.
[4]
The logging contractor or operator shall be held responsible
for any damage to the pavement, shoulder or drainage facilities of
a Town highway, and the Town Highway Superintendent shall inspect
the logging operation on a frequent basis to determine if such damage
has occurred.
[5]
A cash bond, letter of credit, certified check or other form
of financial surety in an amount recommended by the Highway Superintendent
(but not less than $2,500) shall be provided, payable to the Town
for each logging operation or loading area location. The loading area
shall consist of not more than 100 linear feet adjacent to one side
of a Town highway. The requirement of providing financial surety may
be waived only upon a written determination by the Town Highway Superintendent
that such surety is not necessary.
[6]
The Highway Superintendent may issue any appropriate directive
to prevent or repair damage to any Town road or bridge caused by the
logging operation.
(b)
Logging operations having access onto a state highway or county
road shall have the access reviewed and approved by either the State
Department of Transportation or the County Department of Public Works,
and such access shall adhere to the conditions, including performance
bonds, that these agencies may require.
(9)
Buffers.
(a)
No logging shall take place within 50 feet of any street line
or 75 feet from any pavement center line of any public street in the
Town.
(b)
All logging operations shall generally be located no closer
than 50 feet from any property line, except to clean out dead or downed
trees at the direction of the Highway Superintendent.
(c)
An off-street parking area for logging equipment and other vehicles
shall be located on the logging site and no closer than 50 feet to
any street line.
(10)
Hours of operation.
(11)
Site cleanup.
(a)
All debris resulting from logging operations, within 50 feet
of the highway, shall be cleaned and removed by the applicant, the
forester and/or the logger.
(b)
No equipment shall be abandoned, nor shall any solid or liquid
waste be dumped or otherwise deposited on the site under the penalty
of forfeiture of surety.
(12)
Insurance and liability. The applicant of any logging operation
shall file a certificate of insurance with the Town Clerk, naming
the Town as the coinsured or additional insured party. The liability
shall hold the Town harmless in any logging operation and shall be
in an amount determined by the Town Board and shall include attorney's
and other legal fees.
G.
Membership recreation clubs and commercial recreation facilities
open to the public.
(1)
No building or part thereof or any parking or loading area shall
be located within 100 feet of any street or lot line.
(2)
The sum of all areas covered by principal and accessory buildings
shall not exceed 20% of the area of the lot.
(3)
The direct source of all exterior lighting shall be shielded from
the view of surrounding residential lots.
(4)
Noise. Outdoor public address systems, loudspeakers and similar equipment
shall be arranged so as to eliminate sound from being heard on any
adjacent property and shall only be used between the hours of 8:00
a.m. and 8:00 p.m., local time.
H.
Public utilities. Public utility stations and structures.
(1)
Community or neighborhood need. Such use must be shown by the applicant
to be reasonably necessary for the service, convenience or welfare
of the neighborhood in which it is to be located, and to the general
public, and the applicant must show that such use cannot be located
in another district. The Planning Board must find that the use will
not alter or otherwise be detrimental to the character of the neighborhood.
(2)
Minimum lot size. The minimum lot area for a public utility structure
may be less than the minimum lot area otherwise required for the district
in which it is located and can be the minimum needed not only to serve
the needs of the applicant but also to comply with the standards of
this section.
(3)
Setbacks, buffers and design.
(a)
All public utility structures must comply with the minimum setback,
maximum coverage, building height and other standards of the district
in which such use is located, except that water towers and standpipes
are exempt from the height regulations.
(b)
All buildings and enclosed structures shall, wherever practicable,
have the exterior appearance of the prevailing surrounding building
styles, if located in the RF-1, RF-2, R-40, RG, R-12 or NC District.
(c)
All unenclosed structures, platforms, switching gear and exposed
equipment shall comply with building setback requirements to the maximum
extent possible and shall be suitably screened from any public street
or adjoining property.
(4)
Restriction on use. No business office may be established on the
same site as a public utility structure except in the BC, GC-1, GC-2,
LI, HI and RG Districts. No garage, storage building or equipment
or storage yard is permitted on the same site as a public utility
structure except in the GC-1, GC-2, R-40, LI, HI or W District.
I.
Religious communities.
(1)
Minimum lot size shall be four acres. However, where a school or
medical or social institution is to be accessory to the religious
community, the minimum lot size shall be 10 acres.
(2)
Maximum coverage by principal and accessory buildings shall not exceed
20% of the area of the lot.
(3)
All hospitals and schools shall have all necessary approvals and
licenses by the appropriate state authorities.
A.
Electric vehicle charging stations (EVCS).
(1)
Purpose and intent. The purpose and intent of this section is to
set forth requirements to allow for the establishment, siting, and
operation of electric vehicle supply equipment in order to protect
the public health, safety, and welfare of the residents of and visitors
to the Town of Esopus, to promote and facilitate access to electric
vehicle supply equipment consistent with the Comprehensive Plan.
(2)
Unless otherwise waived by the Planning Board, any site plan for
a residential use that proposes 10 or more dwelling units or a nonresidential
use proposing more than 25 parking spaces shall make provisions for
the installation and use of one or more EVCS in accordance with the
following:
(a)
Residential structures shall include at least one internal or
external parking space with a Level 1 or Level 2 EVCS for every 10
dwelling units.
(b)
Office, business, commercial or recreational and other nonresidential
uses, including civic, cultural and not-for-profit uses (e.g., libraries,
day-care centers, schools, churches, etc.) shall provide at least
one parking space with convenient and suitable access to an EVCS for
every 25 automobile parking spaces.
(c)
Parking spaces for nonresidential uses shall be designed and
arranged so that electric vehicle parking spaces are generally available
for the parking of an electric vehicle. Parking spaces designated
on an approved site plan for a public EVCS shall be used exclusively
for the parking of a vehicle that is connected to the EVCS for charging.
(d)
All installed EVCS parking facilities shall be maintained in
good operating condition at all times during the duration of the proposed
use.
(e)
In the event the Planning Board determines that the applicant
has demonstrated good cause to waive the installation of EVCS facilities
otherwise required by this section, it shall require that a sufficient
number of spaces be provided with conduit and such other equipment
as may be necessary to enable EVCS to be installed in the future with
minimal inconvenience or disturbance of parking areas.
(3)
Permitted locations and approvals required.
(a)
Level 1 and Level 2 charging stations are permitted by right
in all zoning districts, when accessory to the primary permitted use.
Level 1 and 2 charging stations shall be subject to building permit
approval.
(b)
Level 3, or DC fast charge, charging stations are permitted
by right in the following zoning districts when accessory to the primary
permitted use. Installation shall be subject to building permit approval.
(4)
Level 3, or DC fast charge, charging stations are permitted by special
use permit in the following zoning districts when accessory to the
primary permitted use.
(5)
Standards for electric vehicle supply equipment.
(a)
Electric vehicle charging station, restricted use. EVCS designated
for restricted use shall be located in a manner that will not allow
public access to the charging station.
(b)
Electric vehicle charging station, public use.
[1]
Electric vehicle parking and charging stations shall be equal to parking space size and performance standards as required in § 123-26 of this chapter.
[2]
Electric vehicle parking and charging stations shall not take
the place of accessible (ADA) parking spaces. Every effort should
be made to provide an accessible (ADA) charging station parking space.
[3]
Installation of electric vehicle supply equipment shall meet
National Electrical Code Article 625, as amended.
[4]
Charging station outlets and connectors shall be no less than
36 inches and no higher than 48 inches from the surface where mounted.
[5]
Adequate EVCS protection, such as concrete-filled steel bollards,
shall be installed. 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.
[6]
Adequate site lighting should be provided unless charging is
for daytime purposes only.
[7]
If time limits or vehicle removal provisions are to be applied,
regulatory signage including parking restrictions, hours and days
of operation, towing, and contact information shall be installed immediately
adjacent to, and visible from, the EVCS.
[8]
When electric vehicle supply equipment shall not interfere with
the minimum pedestrian clearance widths as defined in Chapter 11 of
the New York State Building Code, as amended. Cords, cables, and connector
equipment shall not extend across the path of travel within a sidewalk
or walkway.
B.
Small-scale wind energy conversion systems (SWECS).
(1)
Purpose and intent.
(a)
Purpose and intent. The purpose of these regulations is to provide
small-scale wind energy conversion systems (SWECS) through performance
criteria that balance the unique characteristics of each site while
furthering the Town of Esopus' policy of the promotion and encouragement
of the development of small-scale wind energy conversion systems infrastructure.
In recognition of the foregoing, these regulations to allow small-scale
wind energy conversion systems will:
[1]
Promote environmentally sound forms of local renewable energy
generation pursuant to the Town of Esopus Comprehensive Plan;
[2]
Decrease the use of fossil fuels, thereby reducing the carbon
footprint of the Town of Esopus in furtherance of its pledge as a
Climate Smart Community;
[3]
Decrease the cost of energy to the owners of commercial and
residential properties; and
[4]
Integrate SWECS into Town of Esopus neighborhoods and landscapes
without diminishing quality of life.
(2)
Applicability.
(a)
The requirements herein shall apply to all existing SWECS modified
or installed after the effective date of this section.
(b)
Any modification, expansion or alteration to a SWECS in existence
on the effective date of this section shall be permitted in accordance
with this section.
(c)
All SWECS shall be designed, erected and installed in accordance
with all applicable codes, regulations, and industry standards as
referenced in the New York State Uniform Fire Prevention and Building
Code.
(d)
Up to two roof-mounted SWECS as defined in this chapter shall
be allowed in all zoning districts with a building permit, in accordance
with this section.
(e)
More than two roof-mounted SWECS may be allowed in all zoning districts with site plan approval in accordance with § 123-47 of this chapter.
(f)
Up to two ground-mounted SWECS as defined in this chapter shall be allowed in the R-40 Zoning Districts with site plan approval in accordance with § 123-47 of this chapter.
(g)
More than two ground-mounted SWECS may be allowed in the R-40 Zoning District with special use permit approval in accordance with § 123-46 of this chapter.
(h)
Prohibited. All utility-scale wind energy conversion systems,
as defined herein, shall be explicitly prohibited in the Town of Esopus.
(3)
Application requirements. Any application required for the construction
of a SWECS system shall include, but not be limited to, the following
information:
(a)
The location of the tower on the site and the tower height,
including blades.
(b)
The location of underground utility lines within a radius equal
to the proposed tower height, including blades.
(c)
A dimensional representation of the various structural components
of the tower construction, including the base and footings.
(d)
A certification by a registered professional engineer or manufacturer's
certification that the tower design is sufficient to withstand wind-load
requirements for structures as established by the New York State Uniform
Fire Prevention and Building Code.
(4)
General provisions.
(a)
Qualified installations. All SWECS shall be constructed, installed,
replaced or modified by a qualified wind energy conversion system
installer, as defined. Any system installed by a property owner and
not by a wind energy conversion system installer shall require certification
by a registered professional engineer or a manufacturer's certification
that the tower design is sufficient to withstand wind-load requirements
for structures as established by the New York State Uniform Fire Prevention
and Building Code. When any SWECS 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 Building Department office
and as required by any public utility.
(b)
Government approval. The owner or operator of a SWECS shall
establish to the satisfaction of the Zoning Enforcement Officer/Building
Inspector at approval that all applicable governmental agencies with
jurisdiction over the installation and operation of such SWECS have
provided all permissions and approvals necessary to install and operate
such system.
(c)
Limitations of approvals.
[1]
Nothing in this section shall be deemed to allow any SWECS 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 an easement.
[2]
It shall be the sole responsibility of the SWECS owner or operator
to acquire any necessary easements or other appropriate land use rights
in order to provide for and maintain appropriate access areas.
(d)
Visual.
[1]
All SWECS shall be sited in a manner to have the least possible
practical visual effect on the environment.
[2]
At the discretion of the Town-designated planner or engineer,
Town Code Enforcement Officer/Building Inspector, or the Town Planning
Board, a landscaping plan and visual assessment report, including
appropriate modeling and photography assessing the visibility from
key viewpoints, existing tree lines, surrounding topography, and proposed
elevations may be required.
[3]
Any associated structures shall be screened, placed underground,
depressed, earth bermed or sited below the ridgeline to the greatest
extent feasible, particularly in areas of high visibility.
[4]
The SWECS 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.
[5]
No flags or banners or advertising or commercial logos or insignias,
except manufacturer's nameplate, shall be permitted on any component
of the SWECS.
(e)
Lighting. A lighting plan shall be required. No SWECS shall
be artificially lighted unless otherwise required by a federal, state
or local authority. Exterior lighting may be provided for associated
accessory structures and access entrances as may be determined appropriate
for security purposes only or where required by state or federal laws.
(f)
Utilities. If applicable, the applicant shall provide written
confirmation that the electric grid has the capacity to support the
energy generated from the SWECS.
(g)
Access. The applicant shall indicate on a site plan all existing
and proposed access to the site, including road, electric power, emergency
access, land-based telephone line connection, and other utilities
existing and proposed within the property boundaries of the proposed
location. Existing roadways shall be used for access to the site whenever
possible and determined acceptable by the Planning Board through site
plan review.
(h)
Noise. For wind speeds in the range of zero miles per hour to
25 miles per hour, the sound pressure level produced by a SWECS or
a combination of SWECS shall not exceed 55 dB(A), measured at any
site property line abutting a property owned by an entity other than
the owner of the property on which the SWECS or facilities are located.
The sound pressure level shall be determined by successively measuring
the sound pressure with the facility or facilities turned on and off.
This level, however, may be exceeded during short-term events such
as utility outages or wind speeds exceeding 25 miles per hour.
(i)
Setback. All SWECS towers shall be set back from all adjoining
property lines and from all utility lines and rights-of-way a minimum
distance of 150% of the tower height.
(j)
Ground-mounted height restrictions.
[1]
The maximum height as measured from the tallest element of the
SWECS, including the tip of a rotor blade when aligned vertical to
the mean grade surrounding the support pad(s), shall be 80 feet for
locations east of US Rt. 9W.
[2]
The maximum height as measured from the tallest element of the
SWECS, including the tip of a rotor blade when aligned vertical to
the mean grade surrounding the support pad(s), shall be 100 feet for
locations west of US Rt. 9W.
(k)
Guy wires. Anchor points for any guy wires for a SWECS shall
be located no closer than 15 feet from all adjoining property lines
and shall not be located on or across any aboveground transmission
or distribution line.
(m)
Density. No more than three SWECS shall be permitted on any
lot or contiguous lots held under common ownership without a special
use permit.
(n)
Area requirements. The following land area is required for construction
of a SWECS.
[1]
Minimum lot area of 1.5 acres shall be required for every single
SWECS, ground-mounted (turbine). Three or more shall require a special
use permit.
[2]
No more than two SWECS rooftop-mounted be located on a lot of
1.5 acres or less. Any excess of two SWECS rooftop-mounted shall require
a full site plan review and 0.5 additional acres.
(o)
Ownership. In the case of an application for a SWECS to be located
on private lands owned by a party other than the applicant or the
Town, a copy of the lease agreement with the property owner shall
be filed with the Building Department.
(p)
Safety. The SWECS shall be equipped with an automatic braking
or governing system to prevent uncontrolled rotation, overspeeding,
and excessive pressure on the tower structure, rotor blades and other
wind energy components.
(q)
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 SWECS 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.
(r)
Electromagnetic interference and stray voltage. The SWECS shall
be operated such that no disruptive electromagnetic interference or
stray voltage is caused. The SWECS shall not interfere with microwave,
cellular, or television/radio transmission/reception on adjacent or
nearby properties. If harmful interference is caused, the SWECS owner
shall promptly mitigate the harmful disruption or damage, or cease
operation of the SWECS.
(5)
Regulations specific to building-mounted SWECS. The following additional
requirements apply to building-mounted SWECS only:
(a)
The diameter of the building-mounted SWECS, when measured from
the furthest outward extensions of all moving parts, may not exceed
seven feet.
(b)
The height of a building-mounted SWECS mounted on a roof shall
not exceed 15 feet as measured from the base of the mount (the location
at which the mount and exterior layer of roof meet). The height of
all other building-mounted SWECS shall not exceed 15 feet above the
highest point of the building's roof, excluding chimneys, antennas
and other similar protuberances.
(c)
If more than one building-mounted SWECS is installed, a distance
equal to the length of the height of the tallest building-mounted
SWECS must be maintained between the bases of each building- mounted
SWECS.
(d)
In no district will the maximum height of a building-mounted
SWECS including the tip of the blade exceed 45 feet.
(6)
Abandonment and decommission.
(a)
Abandonment of use. A SWECS 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 Zoning Enforcement Officer/Building
Inspector. Upon receipt of a notice of abandonment issued by the Zoning
Enforcement Officer/Building Inspector, the SWECS owner shall have
30 days to provide credible evidence to the Zoning Enforcement Officer/Building
Inspector that use of the SWECS has not been abandoned. If the Zoning
Enforcement Officer/Building Inspector finds that credible evidence
has not been presented, the SWECS owner shall have 12 months from
the date of the finding to restore the SWECS to operation. If the
SWECS remains not in use at the conclusion of that twelve-month period,
the Zoning Enforcement Officer/Building Inspector shall have authority
to require removal of the system, and, if the owner does not dismantle
the SWECS within a period stated in the revocation notice, to enter
the owner's property and cause the SWECS to be dismantled at
the owner's expense. As a condition of site plan review approval,
the owner shall agree to these provisions.
(b)
Prior to scheduled removal of the SWECS, a permit for removal
activities shall be obtained from the Zoning Enforcement Officer/Building
Inspector. Removal shall include all SWECS components, accessory structures
and any associated structures below grade.
(c)
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.
Solar energy systems.
(1)
Purpose and intent.
(a)
It is the policy of the Town to promote and encourage the use
of solar energy systems (as defined herein) 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
Esopus. 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 Esopus Comprehensive Plan;
[2]
Decrease the use of fossil fuels, thereby reducing the carbon
footprint of the Town of Esopus 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; and
[4]
Integrate solar energy systems into Town of Esopus neighborhoods
and landscapes without diminishing quality of life.
(2)
Applicability.
(a)
The requirements herein shall apply to all existing solar energy
systems installed and constructed after the effective date of this
section.
(b)
This section shall also apply to any upgrade, modification or
structural change that alters the physical size, electric generation
capacity, location or placement of an existing solar energy system.
(c)
Nonconforming solar energy systems. Nonconforming solar energy
systems existing on the effective date of this section may be altered
or expanded provided such alteration or expansion does not increase
the extent or degree of nonconformity.
(d)
All solar energy systems shall be designed, erected and installed
in accordance with all applicable codes, regulations, and industry
standards as referenced in the New York State Uniform Fire Prevention
and Building Code.
(3)
Small-scale solar energy systems: allowable districts and permitting.
(a)
Allowable districts. Small-scale solar energy systems that are
either ground-mounted, roof-mounted, or building-integrated shall
be allowed in any zoning district in the Town of Esopus, in accordance
with the following requirements.
(b)
Unified solar permit. Small-scale solar energy systems meeting
all of the following eligibility requirements may be permitted through
the issuance of a unified solar permit:
[1]
Has a rated capacity of 25 kW or less.
[2]
Does not need a zoning variance or special use permit, unless
said variance or special use permit has already been issued.
[3]
Solar panels are proposed to be mounted on a permitted roof
structure, are building-integrated, or ground-mounted in the rear
yard on the subject property.
[4]
Solar panels proposed for sloped roofs are mounted parallel
to the roof's surface.
[5]
The solar installation contractor complies with all other local,
county and state licensing and other applicable requirements.
(c)
Site plan approval. Small-scale solar energy systems not allowed
through a unified solar permit as provided for herein shall require
site plan approval from the Planning Board.
[1]
Applicants for site plan approval shall utilize the unified
solar permit application in place of the standard site plan application.
[2]
The Planning Board reserves the right to request additional
information as part of the site plan review if said information is
deemed necessary and requisite in the interest of public health, safety
or general welfare.
(4)
(5)
Certified agricultural districts.
(a)
For the purposes of this section, small-scale solar energy systems
and associated components when located on an actively operated farm
operation within certified agricultural districts shall be considered
"on-farm" equipment and shall be protected under the Agricultural
Districts Law.
(b)
Exemptions in agricultural districts. Notwithstanding the foregoing,
small-scale solar energy systems located on an actively operated farm
operation within certified agricultural districts may be exempt from
regulations set forth herein. Exemption eligibility is to be determined
at the time of application by the Zoning Enforcement Officer/Building
Inspector pursuant to the Agriculture and Markets Law, Article 25-AA,
as amended.
(6)
General provisions applicable to all solar energy systems.
(a)
Qualified installations. Solar energy systems shall be constructed,
installed, replaced or modified by a qualified solar installer, as
defined herein; except that homeowners may install their own personal
solar energy systems in accordance with this section. 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 Building Department.
(b)
Government approval. The applicant, owner or operator of a solar
energy system shall establish to the satisfaction of the Zoning Enforcement
Officer/Building Inspector (when approval through the unified solar
permit application is required), and the Town of Esopus Planning Board
(when site plan review and/or special use permit approval 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. All such permissions and approvals required after installation
shall be provided to the Zoning Enforcement Officer/Building Inspector
within seven days of their receipt.
(c)
Limitations of approvals.
[1]
Nothing in this section shall be deemed to allow any solar energy
system applicant, 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.
[2]
It shall be the sole responsibility of the solar energy system
applicant, 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.
(d)
Glare.
[1]
All solar panels shall have antireflective coating(s).
[2]
Solar panels shall be placed and arranged such that reflected
solar radiation or glare shall not be directed onto adjacent buildings,
properties or roadways.
[3]
Exterior surfaces of roof-mounted collectors and related equipment
shall have a nonreflective finish and shall be color-coordinated to
harmonize with roof materials and other dominant colors of the structure.
(e)
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.
(7)
Standards for rooftop-mounted small-scale energy system:
(8)
Standards for small-scale ground-mounted solar energy systems.
(a)
Shall not exceed a height of 12 feet. Height measurements shall
be calculated when the ground-mounted solar energy system is oriented
at maximum tilt.
(b)
The location of a small-scale ground-mounted solar energy system
shall be one that is clearly suitable and sized.
(c)
The small-scale solar energy system and related structures and
equipment may be located on any part of the parcel in question in
accordance with the following requirements:
[1]
Front yard. Shall maintain the minimum front yard setbacks for
principal structures in accordance with this chapter and shall be
sufficiently screened from public rights-of-way and adjoining and
nearby properties to the maximum extent practicable, through the use
of architectural features, earth berms, landscaping, or other screening
which will harmonize with the character of the property and surrounding
area.
[2]
Side yard. Shall maintain the minimum side yard setbacks for
accessory structures in accordance with this chapter, excepting when
a ground-mounted system is in excess of five feet in height, in which
case the setback shall equal at least the height of said system. Side
yards should be screened from public rights-of-way and adjoining and
nearby properties to the maximum extent practicable through the use
of architectural features, earth berms, landscaping, or other screening
which will harmonize with the character of the property and surrounding
area.
[3]
Rear yard. Shall maintain the minimum rear yard setbacks for
accessory structures in accordance with this chapter, excepting when
a ground-mounted system is in excess of five feet in height, in which
case the setback shall equal at least the height of said system.
[4]
The total allowed maximum square feet of ground-mounted solar
panels shall not exceed the total roof area of the largest permitted
structure on the subject property. An applicant proposing to exceed
the total roof area of the largest permitted structure on the subject
property shall be required to obtain an area variance in accordance
with this chapter.
[5]
The total surface area covered by ground-mounted solar panels
for small-scale systems, 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.
(9)
Standards for utility-scale solar energy systems.
(a)
Location and compatibility.
[1]
The location for ground-mounted solar energy systems shall be
one that is clearly suitable and sized for such use, including, but
not limited to, having proper drainage and provisions for stormwater
control and the ability to adequately buffer such use from adjacent
uses.
[2]
When siting a utility-scale solar energy system, applicants
shall first consider the following preferred locations within allowed
zoning districts: Brownfields, transfer stations and closed landfills,
sand and gravel mines no longer in operation, and open fields that
are not considered the most valuable or productive farmland, especially
those containing prime farmland soils or soils of statewide importance.
For the purposes of this section and to provide general guidance for
applicants and the Planning Board, the most valuable or productive
farmland shall be as follows in order of most to least importance:
[3]
Utility-scale solar energy systems shall not be permitted on
active rotational farmland, permanent hayland or improved pasture
unless documentation is provided demonstrating that no other suitable
site is available.
[4]
The proposed installation must be compatible with the adjacent
uses in terms of scale, siting, design, lighting and noise generation,
and must comply with all New York State and Town codes and applicable
design standards or guidelines.
[5]
Existing on-site vegetation shall be preserved to the maximum
extent practicable.
[6]
Clear-cutting of all trees in a single continuous area exceeding
20,000 square feet for the purposes of siting a utility-scale solar
energy system shall be prohibited. For the purposes of this section,
the Planning Board shall have discretion in determining if any proposed
vegetation clearing that exceeds 20,000 square feet constitutes clear-cutting.
(b)
Height. Ground-mounted utility-scale solar energy system arrays
shall not exceed 15 feet in height when oriented to maximum tilt.
All other structures and equipment associated with the system shall
comply with the height restrictions of the underlying zoning district.
(c)
Setbacks. Ground-mounted utility-scale solar energy systems,
including all arrays, associated structures and equipment shall be
located at least 100 feet from all lot lines. The Planning Board reserves
the right to require additional setbacks to adequately buffer adjoining
uses and public property.
(d)
Lot size. Ground-mounted utility-scale solar energy systems
shall be located on lots with a minimum lot size of 10 acres.
(e)
Lot coverage. All ground-mounted utility-scale solar energy
systems and associated accessory structures and equipment shall not
exceed a maximum lot coverage of 20% impervious lot coverage. For
the purposes of this section, lot coverage shall be defined as the
area measured from the outer edge(s) of the arrays, inverters, batteries,
storage cells and all other mechanical equipment used to create solar
energy along with all associated buildings and structures.
(f)
Buffers and screening for ground-mounted utility-scale solar
energy system.
[1]
A minimum twenty-foot buffer, consisting of natural vegetation,
shall be provided around all mechanical equipment, associated structures,
and solar panel arrays to provide screening to adjacent properties
and to minimize glare on adjacent properties and roadways. Noninvasive
plant species and pollinator-friendly and wildlife-friendly native
plants, shrubs, trees, grasses and wildflowers must be used in the
vegetative buffer. Existing trees and vegetation may be maintained
within such buffer areas except where dead, diseased or as necessary
for development or to promote healthy growth, and such trees and vegetation
may supplement or satisfy landscaping requirements as applicable.
If existing trees and vegetation are disturbed, new plantings shall
be provided for the buffer. The buffer shall be maintained for the
life of the facility.
[2]
When a utility-scale solar energy system site adjoins property
zoned for residential use, an increase in the required vegetated buffer
may be required between the residential lot and site improvements
associated with the system. The additional buffer area shall be planted
with a mixture of evergreen and deciduous plantings at a height so
as to provide, as much as practicable, a visual screen of the ground-mounted
system from residential uses. The species type, location and planted
height of such landscaping shall be subject to the approval of the
Planning Board.
[3]
The Planning Board shall have the right to require a visual
assessment analysis, including photo simulations of the proposed project
from key viewpoints, including, but not limited to, public roads,
scenic viewsheds, parks, protected open space, buildings and properties
listed on the State and/or National Registers of Historic Places,
and any additional important resource or publicly accessible location.
(g)
Vegetative ground cover required.
[1]
Noninvasive ground cover under and beneath the rows of solar
panels shall be pollinator-friendly, low-maintenance, drought-resistant,
and non-fertilizer-dependent.
[2]
The project area will be seeded promptly following completion
of construction in such a manner as to reduce invasive weed growth
and sediment in the project area.
[3]
The use of herbicides and pesticides shall be strongly discouraged
and shall be limited to the maximum extent practical with natural
alternative solutions preferred.
(h)
Fencing.
[1]
All electrical and control equipment shall be secured to prevent
unauthorized access.
[2]
All utility-scale solar energy systems shall be enclosed by
fencing which shall be located on the interior of the required vegetative
buffer. The Planning Board shall have the right to decide on the type
and height of fencing based on the location and screening needs.
[3]
The fence shall be wildlife friendly and shall have five-inch
by twelve-inch openings at ground level spaced no more than 100 feet
apart to allow unencumbered travel by small animals.
(i)
Utility connections.
[1]
The applicant shall provide written confirmation that the electrical
grid has the capacity to support the energy generated from the utility-scale
solar energy system.
[2]
Utility lines and connections for utility-scale solar energy
system shall be installed underground, unless otherwise determined
by the Planning Board for reasons that may include poor soils conditions,
topography of the site, and requirements of the utility provider.
[3]
Electrical transformers for utility interconnections may be
aboveground if required by the utility provider.
(j)
Access. The applicant shall indicate on the site plan all existing
and proposed access routes to the site, including road, electric power,
emergency access, land-based telephone line connections, and other
utilities existing and proposed within the property boundaries of
the proposed location. Existing roadways shall be used for access
to the site whenever possible and determined acceptable by the Planning
Board.
(k)
Signs. All electrical and control equipment shall be labeled.
Solar equipment shall not be used for displaying any advertising.
All signs, flags, streamers or similar items, both temporary and permanent,
are prohibited on solar equipment, except:
(l)
When solar storage batteries are included as part of the utility-scale
solar energy system, they must be placed in a secure container or
enclosure, meeting the requirements of the NYS Uniform Fire Prevention
and Building Code when in use and when no longer used, shall be disposed
of in accordance with the laws and regulations of the Town of Esopus
and all other applicable laws and regulations. The applicant and Planning
Board shall refer to the New York Battery Energy Storage System Guidebook,
developed by the NYS Energy Research and Development Authority during
the planning, design and project review stages.
(m)
Ownership. In the case of an application for utility-scale solar
energy system to be located on private lands owned by a party other
than the applicant or the Town, a copy of the lease agreement with
the property owner shall be filed with the Building Department.
(n)
Proof of insurance. The applicant and the owner of the property
where the utility-scale solar energy system is to be located shall
file with the Building Department proof of insurance in a sufficient
dollar amount to cover potential personal and property damage associated
with construction and operation of the system.
(o)
Any application under this section shall meet all applicable
provisions for site plan and special use permit approval in accordance
with the chapter.
(p)
Abandonment and decommissioning.
[1]
Purpose. It is the purpose of this section to provide for the
safety, health, protection and general welfare of persons and property
in the Town of Esopus by requiring abandoned utility-scale solar energy
systems to be removed pursuant to a decommissioning plan. The anticipated
useful life of such systems, as well as the volatility of the solar
industry which may create an environment for systems to be abandoned,
thereby resulting in a negative visual impact on the Town. Abandoned
utility-scale solar energy systems may become unsafe by reasons of
their energy-producing capabilities and serve as an attractive nuisance.
[2]
Abandonment. A utility-scale solar energy system shall be deemed
abandoned if the system fails to generate and transmit electricity
at a rate of more than 10% of its rated capacity over a continuous
period of one year. A utility-scale solar energy system shall also
be deemed abandoned if the facility is not completed and functioning
within two years of being issued final site plan and special use permit
approval.
[a]
Extension of time. The time at which a utility-scale
solar energy system shall be deemed abandoned may be extended by the
Planning Board for one additional one year, provided the system owner
presents to the Board a viable plan outlining the steps and schedules
for placing the system in service or back in service, at not less
than 80% of its rated capacity, within the time period of the extension.
An application for an extension of time shall be made to the Planning
Board by the utility-scale solar energy system owner prior to abandonment
as defined herein. Extenuating circumstances as to why the system
has not been operating or why construction has not been completed
may be considered by the Board in determining whether to grant an
extension.
[3]
Removal required. A utility-scale solar energy system which
has been abandoned shall be decommissioned and removed. The system
owner and/or owner of the land upon which the system is located shall
be held responsible to physically remove all components of the system
within one year of abandonment. Removal of the system shall be in
accordance with a decommissioning plan approved by the Planning Board.
[4]
Decommissioning plan. All applications for a utility-scale solar
energy system shall be accompanied by a decommissioning plan. The
decommissioning plan must ensure the site will be restored to a useful,
nonhazardous condition without delay and shall, at a minimum, include
the following:
[a]
An estimate of the anticipated operational life
of the system.
[b]
A schedule showing the time frame over which decommissioning
will occur and for completion of site restoration work.
[c]
Identification of the party responsible for decommissioning.
[d]
Description of any agreement with the landowner
regarding decommissioning.
[e]
A cost estimate prepared by a qualified professional
engineer, estimating the full cost of decommissioning and removal
of the solar energy system.
[f]
A financial plan to ensure that financial resources
will be available to fully decommission the site.
[g]
Removal of aboveground and below-ground equipment,
structures and foundations.
[h]
Disposal of all solid and hazardous waste in accordance
with local, state and federal waste disposal regulations.
[i]
Restoration of the surface grade and soil after
removal of equipment.
[j]
Revegetation of restored soil areas with native
seed mixes, excluding any invasive species.
[5]
Financial surety. As a condition of the special use permit and
prior to the issuance of a building permit and every three years thereafter,
the utility-scale solar energy system owner and/or landowner shall
file with the Town evidence of financial security to provide for the
full cost of decommissioning and removal of the utility-scale solar
energy system in the event the system is not removed by the system
owner and/or landowner. Evidence of financial security shall be in
effect throughout the life of the system and shall be in the form
of an irrevocable letter of credit or other security acceptable to
the Planning Board. The irrevocable letter of credit shall include
an auto extension provision, to be issued by an A-rated institution
solely for the benefit of the Town. The Town shall be entitled to
draw on the letter of credit in the event that the utility-scale solar
energy system owner and/or landowner is unable or unwilling to commence
decommissioning activities within the time periods specified herein.
No other parties, including the owner and/or landowner, shall have
the ability to demand payment under the letter of credit. Upon completion
of decommissioning, the owner and/or landowner may petition the Town
to terminate the letter of credit. In the event ownership of the system
is transferred to another party, the new owner (transferee) shall
file evidence of financial security with the Town at the time of transfer,
and every three years thereafter, as provided herein. Failure of a
transferee to file evidence of financial security at the time of transfer
shall be considered a violation of this chapter.
[a]
Amount. The amount of the surety shall be determined
by the Town Engineer based upon a current estimate of decommissioning
and removal costs as provided in the decommissioning plan and subsequent
annual reports. The amount of the surety may be adjusted by the Town
upon receipt of an annual report containing an updated cost estimate
for decommissioning and removal.
[6]
Annual report. The utility-scale solar energy system owner shall
on a yearly basis provide the Building Department a report showing
the rated capacity of the system and the amount of electricity that
was generated by the system and transmitted to the grid over the most
recent twelve-month period. The report shall also identify any change
in ownership of the system and/or the land upon which the system is
located and shall identify any change in the party responsible for
the decommissioning and removal of the system upon its abandonment.
The annual report shall be submitted no later than 45 days after the
end of the calendar year. Every third year, to coincide with the filing
evidence of financial security, the annual report shall also include
a recalculation of the estimated full cost of decommissioning and
removal of the system. The Town may require an adjustment in the amount
of the surety to reflect any changes in the estimated cost of decommissioning
and removal. Failure to submit a report as required herein shall be
considered a violation of this chapter.
[7]
Decommissioning and removal by Town. If the owner or operator
of the utility-scale solar energy 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 an extension granted by the Planning Board, 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. The following procedure
shall be used for proceeding with Town removal:
[a]
Upon a determination of the Zoning Enforcement
Officer/Building Inspector that a utility-scale solar energy system
has been abandoned, the Zoning Enforcement Officer/Building Inspector
shall notify the system operator, landowner and permittee by certified
mail: a] in the case of a facility under construction, to complete
construction and installation of the facility within 180 days; or
b] in the case of a full constructed facility that is operating at
a rate of less than 10% of its rated capacity, to restore operation
to the facility to no less than 80% of rated capacity within 180 days,
or the Town will deem the system abandoned and commence action to
revoke the special use permit approval.
[b]
Being so notified, if the system owner, landowner
and/or permittee fails to perform as directed by the Zoning Enforcement
Officer/Building Inspector within the 180-day period, the Zoning Enforcement
Officer/Building Inspector shall notify the system owner, landowner
and permittee, by certified mail, that the system has been deemed
abandoned and the Town intends to revoke the special use permit within
60 days of mailing said notice. The notice shall also state that the
permittee may appeal the Zoning Enforcement Officer/Building Inspector's
determination of abandonment to the Zoning Board of Appeals and request
a hearing on the matter.
[c]
Said appeal and request for hearing must be made
and received by the Town within 20 days of mailing the notice. Failure
by the permittee to submit an appeal and request for hearing within
the twenty-day period will result in the special use permit being
deemed revoked as stated herein.
[d]
In the event the permittee appeals the determination
of the Zoning Enforcement Officer/Building Inspector and requests
a hearing, the Zoning Board of Appeals shall schedule and conduct
said hearing within 60 days or receiving the appeal and request. In
the event a hearing is held, the Zoning Board of Appeals shall determine
whether the system has been abandoned, whether to continue the special
use permit with conditions as may be appropriate to the facts and
circumstances presented to the Zoning Board of Appeals, or whether
to revoke the permit and order removal of the system.
[e]
Upon determination by the Zoning Enforcement Officer/Building
Inspector or Zoning Board of Appeals that a special use permit has
been revoked, the decommissioning plan must be implemented and the
system removed within one year of having been deemed abandoned or
the Town may cause the removal at the owner's and/or landowner's
expense. If the owner and/or landowner fails to fully implement the
decommissioning plan within one year of abandonment, the Town may
collect the required surety and use said funds to implement the decommissioning
plan.
[8]
Removal by Town and reimbursement of Town expenses. Any costs
and expenses incurred by the Town in connection with any proceeding
or work performed by the Town or it's representatives to decommission
and remove a utility-scale solar energy system, including legal costs
and expenses, shall be reimbursed from the financial surety posted
by the system owner. Any costs incurred by the Town for decommissioning
and removal that are not paid for or covered by the required surety,
including legal costs, shall be assessed against the property, shall
become a lien and tax upon said property, shall be added to and become
part of the taxes to be levied and assessed thereon, and shall be
enforced and collected, with interest, by the same officer and in
the same manner, by the same proceedings, at the same time and under
the same penalties as are provided by law for the collection and enforcement
of real property taxes in the Town.
[9]
Prior to scheduled removal of the solar energy system as part
of decommissioning or for abandoned systems, a permit for removal
activities shall be obtained from the Zoning Enforcement Officer/Building
Inspector. Removal shall include solar collectors, cabling, electrical
components, accessory structures and any associated structures below
grade.
[10]
Removal by Town and reimbursement of Town expenses.
Any costs and expenses incurred by the Town in connection with any
proceeding or work performed by the Town or it's representatives
to decommission and remove a utility-scale solar energy system, including
legal costs and expenses, shall be reimbursed from the financial surety
posted by the system owner. Any costs incurred by the Town for decommissioning
and removal that are not paid for or covered by the required surety,
including legal costs, shall be assessed against the property, shall
become a lien and tax upon said property, shall be added to and become
part of the taxes to be levied and assessed thereon, and shall be
enforced and collected, with interest, by the same officer and in
the same manner, by the same proceedings, at the same time and under
the same penalties as are provided by law for the collection and enforcement
of real property taxes in the Town.
[11]
Prior to scheduled removal of the solar energy
system as part of decommissioning or for abandoned systems, a permit
for removal activities shall be obtained from the Zoning Enforcement
Officer/Building Inspector. Removal shall include solar collectors,
cabling, electrical components, accessory structures and any associated
structures below grade.
A.
Purpose and intent. The purpose of this section is to establish regulations
to allow for outdoor illumination levels which are appropriate for
the use, while promoting safety and security, and minimizing the undesirable
side effects of excessive illumination such as glare, light trespass,
and light pollution. Over time, it is the intent that this section
will allow for reasonably uniform illumination levels in the community.
B.
Applicability and approvals required.
(1)
Where there is a conflict between this section and state or
federal regulations, the standards of the higher authority shall apply.
(2)
This section shall apply to all new outdoor lighting fixtures,
the expansion and alteration of existing fixtures, as well as the
replacement of lighting fixtures after the date this section is enacted,
except any regular repair or maintenance.
(3)
For uses which require subdivision, special use and/or site
plan approvals, the Planning Board may require a lighting plan be
submitted showing the location, number, type/style, mounting height,
and lighting levels produced on the ground (i.e., photometric report).
All other uses shall conform to the general requirements contained
herein.
C.
Requirements and standards.
(1)
Except where more stringent standards are required herein, all
outdoor lighting fixtures shall be, at a minimum, shielded, located,
installed, and directed in such a manner as to prevent objectionable
light at and across the property lines and to prevent direct glare
at any location on or off the property.
(2)
Exterior lighting fixtures on commercial, industrial, institutional,
and multifamily properties shall conform to the Illuminating Engineer
Society of North America (IESNA) criteria for full cutoff fixtures.
In addition, the lighting levels shall be designed to meet the minimum
requirements of the latest recommended levels set forth by IESNA.
Where no standard from IESNA exists, the Planning Board shall determine
the appropriate level, taking into account levels for the closest
IESNA activity.
(3)
To minimize the indiscriminate use of illumination, lighting,
except as required by security, shall be extinguished during nonoperating
hours. Where practicable, lighting installations are encouraged to
include timers, sensors, and dimmers to reduce energy consumption
and unnecessary lighting.
(4)
Parking lots. Parking lots shall not exceed light levels necessary
for safety and for locating vehicles at night. The lighting plan shall
be designed so that the parking lot is lit from the outside perimeter
inward and/or incorporate design features with the intent of eliminating
off-site light spillage.
(5)
Canopy and roof overhang. Lights installed on canopies or roof
overhangs shall be recessed so that the lens cover is flush with the
bottom surface of the canopy over overhang. Lights shall not be mounted
on the sides or top of the canopy or overhang.
(6)
Security cameras. Facilities which employ security cameras may
employ lighting to ensure proper function during all times when such
cameras are in use.
(7)
LED lighting shall be 3,000 Kelvin or lower to provide good
visibility and a warm lighting color.
D.
Prohibited exterior lighting. The following types of lighting are
prohibited:
(1)
Searchlights, except those used for governmental, emergency,
and law enforcement purposes.
(2)
Strobe lights, laser lights, or revolving lighting.
(3)
Blinking, pulsating, tracing, or flashing lights, unless temporarily
triggered by a security system.
(4)
Any fixture that may be construed as or confused with a traffic
signal, traffic control device or maritime navigational markers.
(5)
Lighting that is determined by law enforcement personnel to
contribute to disabling or distracting glare into a public roadway.
E.
Exemptions. The following uses shall be exempt from the provisions
of this section:
(1)
Temporary carnival, circus, religious, historic, or civic use.
(2)
Construction or emergency lighting, provided that such lighting
is temporary and is discontinued immediately upon completion of the
construction work or abatement of the emergency necessitating said
lighting.
(3)
Temporary/seasonal lighting, including holiday lighting.
(4)
Outdoor light fixtures installed on and in connection with those
facilities and land owned or operated by a public utility, the federal
government, the State of New York, the County of Ulster, the Town
of Esopus, or any department, division, agency or instrumentality
thereof. Voluntary compliance with the purpose and intent of this
section at those facilities is strongly encouraged.
F.
Inspections. The Town of Esopus reserves the right to request a post-installation
nighttime inspection to verify compliance with the provisions of this
section and, if appropriate, to require remedial action.
G.
Maintenance. Lighting fixtures shall be maintained so as to always
meet the requirements of this section.
H.
Nonconforming outdoor lighting. No replacement or installation of
new lighting fixtures shall be permitted unless in conformance with
this section. Nonconforming outdoor lighting located on a site that
is the subject of subdivision, special use and/or site plan applications,
certificates of occupancy, non-violation letters, or other permit,
approval, entitlement, or authorization from the Town of Esopus shall
be subject to all of the terms and conditions of this section.
A.
Purpose. It is the purpose of this section to promote the health,
safety and welfare of the inhabitants of the Town of Esopus and regulate
the maintenance of manufactured (or trailer) homes and manufactured
home (or trailer) courts within the Town of Esopus and to prescribe
regulations for said courts, to regulate the parking and location
of trailers with the Town of Esopus and require that manufactured
home courts within the Town of Esopus be laid out and constructed
in accordance with approved plans.
B.
General regulations applying to all manufactured homes.
(1)
General requirements. Wherever permitted by these regulations, an individual manufactured home on its own lot shall comply with all area, bulk and parking requirements as apply to a one-family dwelling in the same district. An individual manufactured home is any such home not located in an approved manufactured home court. Refer to § 123-17C below for additional requirements applicable to individual manufactured homes.
(2)
Manufactured home standards. Only manufactured homes which are certified
as meeting the Manufactured Home Construction and Safety Standards
of the United States Department of Housing and Urban Development and
also as meeting relevant provisions of the Town of Esopus Building
Construction Code and Fire Prevention Code[1] are permitted for occupancy and only on individual lots
or in approved manufactured home courts in the Manufactured Home Overlay
District.
(3)
Existing nonconforming manufactured homes.
(a)
Existing occupied manufactured homes that do not comply with the federal and local construction standards as summarized in Subsection B(2) above are considered to be legal nonconforming structures and may remain on the premises on which they were originally established and may continue to be used for residential purposes.
(b)
A nonconforming manufactured home, legally established prior
to March 19, 1973, may be replaced with a manufactured home that meets
federal and local construction standards and is in compliance with
this chapter.
(4)
Manufactured homes used as temporary dwellings. In the event that
a one-family dwelling is partially destroyed by fire or violent acts
of nature, the owners may, upon application to the Zoning Enforcement
Officer/Building Inspector, place a manufactured on the property until
the principal residence is rebuilt. However, the manufactured home
and all foundation and related appurtenances must be removed within
two years, and a bond or letter of credit to insure removal must be
posted with the Town Clerk in an amount in accordance with the fee
schedule adopted by the Town Board, as amended, before the Zoning
Enforcement Officer/Building Inspector may act upon the application.
Said bond is to defray all of the expenses of the Town, including
reasonable attorney's fees, to cause the removal of the manufactured
home.
(5)
Office trailers and manufactured homes used for nonresidential purposes. In order to provide temporary space for a permitted nonresidential use during construction of a permanent facility for such use on the same site, an individual office trailer or a manufactured to be used for nonresidential purposes may, upon application to the Zoning Enforcement Officer/Building Inspector, be permitted on a temporary basis, for a period not to exceed two years. All trailers to be used for nonresidential purposes must comply with current state and local building and fire prevention regulations. A bond or letter of credit to insure removal of the trailer must be posted with the Town Clerk as provided in Subsection B(4) above. These regulations are not intended to apply to trailers at construction sites used for offices by the contractor(s).
(6)
Sanitary facilities. All manufactured homes shall have a permanent
supply of potable water and an approved sewage disposal system in
accordance with the requirements of the Ulster County Health Department.
C.
Individual manufactured homes. A manufactured home may be permitted as a one-family dwelling unit outside of the Manufactured Home Overlay District pursuant to § 123-10, Scheduled of Permitted Use Regulations, and in accordance with this section.
(1)
The manufactured home shall be a minimum of 18 feet in width.
(2)
The lot upon which the manufactured home is proposed must meet the lot size and frontage requirements of the applicable zoning district, unless otherwise permitted in accordance with § 123-36, Existing undersized lots.
(4)
The manufactured home shall be affixed to a permanent foundation
and all towing devices, wheels, axles and hitches shall be removed.
(5)
The manufactured home shall be placed on the lot in such a manner
that is compatible with and reasonably similar in orientation to any
site-built housing in adjacent or nearby locations.
(6)
No more than one manufactured home shall be allowed on a single lot.
D.
Manufactured home court licenses.
(1)
Summary of requirements. Operation of a manufactured court in the
Town of Esopus requires, at the minimum, the following:
(a)
Site plan and special use permit approval from the Town Planning
Board.
(b)
Approved means of water supply and wastewater treatment by the
County Health Department, State Department of Environmental Conservation
and/or any municipal sewer and water districts of the Town of Esopus.
(c)
Approved access onto a public highway from the appropriate Town,
county or state agency.
(d)
Building permit from the Zoning Enforcement Officer/Building
Inspector.
(3)
Expiration and renewal of license. Each license or renewal thereof
shall expire on May 1 next following its issuance and may be renewed
for a period of one year from the date of expiration after application
and payment of the fees required.
(4)
Display of license required. A license to establish, maintain, operate
or conduct a manufactured home court shall always be on display in
the office of the manufactured home court.
(5)
Revocation of license. The Planning Board may revoke or suspend the
license granted under the authority of this chapter for failure to
comply with any provision of this chapter or any laws or regulations
relating to any such manufactured court.
(6)
Issuance of license not waiver. The issuance of a manufactured home
court license pursuant to the provisions of this article shall not
be deemed to waive compliance by the holder thereof, by the property
owner or by the occupants of said court with any statute of the State
of New York or ordinance or health regulation of the Town of Esopus.
E.
Design standards and regulations for manufactured home courts.
(1)
Court site.
(a)
Minimum size. No manufactured home court shall be established,
maintained, operated or conducted within the Town of Esopus, on any
lot or parcel of land except in the Manufactured Home Overlay Zone,
and then only on a lot or parcel of land with an area of five acres
or greater.
(b)
Frontage and access. A manufactured home court site shall have
a minimum frontage of 150 feet and direct access onto a state highway,
county road or onto a Town highway that is designated as a collector
street in the Comprehensive Plan and/or Official Map. Each manufactured
home court containing 50 or more manufactured sites shall have at
least two access points onto the public highway system. All access
points shall be well-marked and so arranged as not to constitute a
traffic hazard.
(c)
Exterior site buffering. Each manufactured home court site shall
have a landscaped area of at least 20 feet wide along exterior lot
lines and street lines, suitably planted and maintained to provide
visual screening from adjacent properties.
(2)
Court plan. Each manufactured court constructed, altered or extended
after the effective date of this chapter shall be marked off into
manufactured plots numbered consecutively, the number being conspicuously
posted on each plot. Each plot shall be in conformance with the requirements
below.
(a)
Minimum plot size.
[1]
Where the Manufactured Home Overlay District is mapped in the
R-12 District, no manufactured home shall be located on a plot of
less than 5,000 square feet in area and have less than 50 feet of
frontage on an interior access road, where municipal sewer and water
are available. Where only municipal water is available, the minimum
plot size shall be 7,500 square feet, and minimum frontage on an interior
access road shall be 75 feet.
[2]
Where the Manufactured Home Overlay District is mapped where
there is no municipal sewer or water, no individual manufactured home
plot shall be less than 15,000 square feet in area and have less than
100 feet of frontage on an interior access road.
(b)
Occupancy. No more than one manufactured shall be permitted
to occupy any one court unit.
(c)
Setbacks.
[1]
Each manufactured home shall be at least 30 feet from any other
manufactured home. In computing these setbacks, fully enclosed lean-tos,
auxiliary rooms and similar accessories connected to the manufactured
home shall be considered as part of the manufactured home.
[2]
Every manufactured home within a manufactured home court shall
be at least 50 feet from the property or street line forming the perimeter
boundary of the court.
[3]
Each manufactured home shall be at least 20 feet from any interior
access road.
(d)
Parking spaces. The number and dimensions of off-street parking spaces shall conform to the requirements of § 123-26 of this chapter. Parking spaces shall be located no closer than 10 feet from any access road and shall be sealed with a dust-free surface.
(e)
Interior access roads. All driveways or interior roadways shall
be at least 50 feet wide, of which at least 30 feet shall be hard-surfaced,
well-marked in the daytime and lighted at night and so located that
each court unit is readily accessible.
(f)
Blocks. All manufactured home court units shall be arranged
in blocks of no more than 10 units wide and two units deep.
(g)
Recreation area. A usable area set aside exclusively for recreation
shall be provided within the manufactured home court and shall be
equal in area to 200 square feet for each home court unit.
(h)
Drainage and grading. All lands used as a trailer court shall
be well-drained, of ample size and free from heavy or dense growth
of brush or weeds. The land shall be properly graded to ensure proper
drainage during and following rainfall and shall at all times be so
drained as to be free from stagnant pools of water.
(i)
Signs.
[1]
One freestanding, nonflashing, externally illuminated sign shall
be permitted to identify the manufactured home court.
[2]
Such sign shall not be greater in area than 45 square feet.
[3]
No part of any sign shall be higher than eight feet above curb
level.
[4]
Signs and other related structures shall be located at least
20 feet from any property line or street line.
(j)
(Reserved)
(k)
Tie-downs. Tie-downs shall be required of all manufactured homes.
F.
Manufactured home court sanitary and utility facilities.
(1)
Garbage disposal.
(a)
Each such manufactured home court shall provide equipment sufficient
to prevent littering of the grounds and premises with rubbish, garbage
and refuse and shall provide a flytight storage building or buildings
of a design approved by the Ulster County Health Department, and at
a convenient location, equipped with flytight metal depositories of
sufficient size and number to contain all of the garbage and refuse
that may accumulate between the removals from the premises.
(b)
Where separation and recycling of solid waste materials is required
by either Town or county agencies, recycling bins of a design approved
by said agencies shall be furnished and located conveniently throughout
the manufactured home court.
(2)
Electric, telephone and cable television service and connections.
Each manufactured home court shall provide weatherproof underground
electric, telephone and, where available, cable television service
connections and outlets. All electric installations shall be approved
by electrical inspectors designated by the Town Board of the Town
of Esopus and have a certificate issued by the same.
(3)
Other regulations. In addition to the foregoing, each manufactured
home court must comply with any applicable sections of the New York
State Uniform Building and Fire Code and any applicable regulations
of the State of New York or County of Ulster.
G.
Management. It shall be the duty of the operator of any manufactured
home court to:
(1)
Maintain upon the premises of such court at all times during its
operation an authorized agent of said operator charged with the responsibility
of managing the manufactured home court.
(2)
Provide for the collection of garbage and other waste material.
(3)
Prohibit the placing or storage of unsightly material or abandoned
vehicles of any kind upon the premises occupied by the court.
(4)
Provide for the cleaning, painting, repairing and disinfecting of
all buildings and structures situated within the court.
(5)
Take such other measures as shall be deemed necessary by the officers
and board set forth herein to preserve the health, comfort and safety
of all persons accommodated in the court and of the general public.
(6)
Prevent any animal from running at large within or outside the court.
(7)
Report to the Ulster County Department of Health all cases of communicable
diseases or prospective cases of communicable diseases affecting any
residents of the court.
(8)
Prevent the committing of any nuisance on the court premises and
to report immediately to the proper authorities all acts of disorderly
character committed by any person or persons inside of the court and,
to that end, to maintain proper policing thereof.
H.
General operating regulations.
(1)
Right of entry; inspection. The County Health Department and Town
of Esopus Zoning Enforcement Officer/Building Inspector shall have
the right at any reasonable time to enter any manufactured home court
or other premises used for the parking or location of a trailer and
shall have the right at all times to inspect all parts of said premises
and to inspect the records required to be kept in any manufactured
home court.
(2)
Restrictions. Every manufactured home court and individual manufactured
home shall comply with the within provisions of this chapter and the
following rules and regulations:
(a)
Cooking with gasoline stoves is prohibited.
(b)
Rubber hose or other flexible tubing is prohibited for use of
conveying fuel or gases to any heater or stove.
(c)
Wood-burning or coal-burning stoves or fireplaces must meet
the approval of the Fire Marshal.
(d)
Vent pipes of heating appliances passing through a roof or side
wall of trailers or manufactured homes must have at least one inch
of clearance and must be entirely surrounded by terra-cotta, asbestos
or other approved type of thimble.
(e)
No manufactured home court shall burn rubbish and trash unless
an approved type of incinerator is used and is located not less than
50 feet from any building, structure or manufactured home, with the
approval and under instruction of the Town Fire Marshal.
(f)
Storage of Class 1 liquids (flash point below 100° F.) is
prohibited.
(g)
Storage of combustible material, such as hay, rags or junk,
which may create a fire hazard is prohibited.
(h)
Any connection to the Port Ewen Water District to supply a mobile
home court must meet with the approval of the Water District Board
of Commissioners.
(3)
Approval of location of units. The location and installation of all
manufactured home units and manufactured home courts within the Town
of Esopus shall meet with the approval of the Town Zoning Enforcement
Officer/Building Inspector, the Town Fire Marshal and the Ulster County
Health Department.
I.
Waiver of provisions. Where any of the provisions of this section
cannot be met due to unusual circumstances, the Zoning Board of Appeals
may, at its discretion, waive any of the foregoing provisions of the
section.
A.
Purpose. The purpose of this subsection is to provide standards and
regulations for the keeping and raising of domestic fowl (hereinafter
referred to as "fowl") within residential districts, to avoid potential
impacts on neighboring properties and to provide for the health and
welfare of fowl. The keeping and raising of fowl in accordance with
this subsection shall be for personal use only, with the exception
of incidental sales of eggs.
B.
Applicability.
(1)
Accessory use. The keeping and raising of fowl shall be allowed as
an accessory use to one and two-family homes in the applicable zoning
districts pursuant to the Schedule of Permitted Use Regulations[1] and in accordance with the following requirements and
standards.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(2)
(3)
Commercial poultry farms and commercial poultry processing uses are regulated by § 123-15A(3).
C.
Requirements and standards.
(1)
The following applies within the R-12, RG, NC, GC-1, GC-2, LI and
W Zoning Districts.
(a)
Roosters (male chickens) are prohibited.
(b)
Outdoor slaughtering of fowl is prohibited.
(c)
Fowl shall be kept in a fenced enclosure at all times.
(d)
During daylight hours, fowl may be allowed outside pens in a
secured fenced yard if supervised.
(e)
During nondaylight hours, fowl shall be secured within a henhouse/similar
structure.
(2)
The following applies to all zoning districts where the keeping and
raising of fowl is permitted.
(a)
Fowl shall be provided with adequate food and water at all times.
(b)
A henhouse/similar structure shall be provided to offer safe
and healthy living conditions for fowl while minimizing adverse impacts
to neighboring properties, and shall be enclosed on all sides and
have a roof and doors. The henhouse shall be constructed at least
two feet off the surface of the ground. Access doors shall be shut
and secured at night. Windows and vents shall be covered with predator-
and bird-proof wire.
(c)
Henhouses and pens shall provide adequate ventilation, sun,
and shade, and to the maximum extent practicable, keep out rodents
and predators, including, but not limited to, birds, dogs, and cats.
The property owner shall take all reasonable steps to eliminate the
potential infestation of insects and parasites.
(d)
Pens and henhouses shall comply with accessory structure setbacks
specific to the involved zoning districts.
(e)
Enclosures shall be clean, dry, odor-free, kept in a sanitary
condition, and in a manner that shall not disturb the use and enjoyment
of neighboring properties due to noise, odor, or other adverse impact.
(f)
All reasonable efforts shall be made to prohibit odors from
fowl, manure, or other related substances from being perceptible beyond
the parcel lines of the involved property.
(g)
Only fully shielded lighting shall be used to light the exterior
of the henhouse.
(h)
Provisions shall be made for storing and removing manure in
a sanitary manner.
A.
Applicability. The Route 9W Overlay District is superimposed over
the GC-1, GC-2, LI and NC Zoning Districts located along Route 9W.
All provisions of the underlying districts regarding use, bulk and
area shall remain in effect unless specifically superseded by the
regulations of the overlay district. In addition, the following regulations
shall also apply.
B.
Standards.
(1)
New development in the LI District south of Cross Street shall maintain
twenty-five-foot-deep landscaped or natural buffer along the Route
9W frontage, except for driveways and one sign.
(2)
Following enactment of this section, no new lot with a width of less
than 100 feet shall be created via subdivision of an existing lot.
(3)
Superseding the Schedule of Permitted Uses[1] where applicable, the following uses shall not be permitted south of the northerly intersection of Ulster Avenue and Route 9W, except upon approval of a special use permit by the Planning Board in accordance with §§ 123-46 and 123-47 hereof:
(a)
Laundromats or dry-cleaning establishments.
(b)
Theaters, bowling alleys, billiard halls and other commercial
recreation establishments.
(c)
Wholesaling, storing and warehousing, including building contractors
and building supply and lumber yards.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(4)
Side yards in the NC District shall be a minimum of 15 feet.
(5)
Parking lots for more than five vehicles adjacent to an existing
residential structure shall be screened from such residence by a suitable
fence or landscaping.
(6)
Uses in the NC District shall be limited to professional offices
or personal service establishments unless the lot on which such use
is proposed has a minimum frontage of 100 feet.
C.
Site plan review. In addition to the objectives for site plan review set forth in § 123-47, the Planning Board shall also consider the following objectives during its review of site plans in the Route 9W Overlay District:
(1)
That the scenic, rural character of Route 9W south of Cross Street
is maintained by the appropriate use of landscaping and natural vegetation
and the scale, design and location of structures and parking lots.
(2)
That existing residences are protected from adverse effects due to
commercial development by proper design and location of commercial
structures, parking lots and service areas and establishment of landscaped
buffers.
(3)
That freestanding signs are designed and located so as to be compatible
with the visual character of the area in which they are located and
so as not to obstruct the version vehicles entering or exiting commercial
uses.
(4)
That the quality and quantity of groundwater supply outside the Port
Ewen Water and Sewer District be protected from contamination.
A.
Purpose and intent. This section is enacted to allow for the orderly
and desirable placement, construction and modification of communication
towers, antennas and accessory communications structures within the
Town of Esopus, while ensuring the Town's rural and scenic character
and the shorelines of the Hudson River, Wallkill River and the Rondout
Creek, are not negatively impacted.
B.
Permitting.
(1)
New communication towers. Except as otherwise provided by this chapter,
no person shall be permitted to site, place, build, construct, or
prepare any site for the placement or use of a new communications
tower as of the effective date of this chapter without having first
obtained a special use permit in accordance with this section.
(2)
Modification or co-location on existing legally permitted communications
towers. Except as otherwise provided by this section, the proposed
co-location of new transmission equipment on, or the modification
of a legally permitted communications towers existing on the effective
date of this section shall require site plan approval, except a special
use permit shall be required if the proposed modification or co-location
will increase the height of the existing tower.
(3)
Modification or co-location on preexisting, nonconforming communications
tower. Except as otherwise provided by this section, the modification
or co-location on a communications tower that is not in conformance
with this section and existed on the effective date of this section
shall require a special use permit in accordance with this section,
but at no time shall the height of said wireless communications tower
be increased.
(4)
Co-location on existing tall structure. Except as otherwise provided
by this section, the proposed co-location of new transmission equipment
on an existing tall structure shall require a special use permit in
accordance with this section.
C.
Exemptions to these regulations are limited to:
(1)
Satellite dishes, television antenna(s) and related equipment that
are accessory to residential and commercial establishment, provided
they do not exceed the maximum height permitted by this chapter by
more than 10 feet.
(2)
Amateur radio facilities as licensed by the Federal Communications
Commission (FCC).
(3)
Any repair and maintenance of a communications tower consisting of
the replacement of any components of a wireless facility where the
replacement is identical to the component being replaced or involving
the normal repair and maintenance of a wireless facility without the
addition, removal or change of any of the physical or visually discernible
components or aspects of a wireless facility that will add to the
visible appearance of the facility as originally permitted.
(4)
Where these regulations conflict with other laws and regulations
of the Town of Esopus, the more restrictive shall apply, except for
tower height regulations that shall be governed by these standards.
D.
F.
Prioritizing siting locations.
(1)
Applicants shall be required to comply with the priorities set forth
herein when selecting the location for any new communications tower
structure or co-location facility. Additionally, applicants must refer
to the Town's planning documents, including the Comprehensive
Plan, Local Waterfront Revitalization Program Plan and other relevant
Town planning materials to help minimize aesthetic and visual impacts
to community character in the detailed site planning and design for
any project.
(2)
An applicant shall locate, co-locate, site and erect communications towers, structures, antennas and accessory structures, alternative tower structures, or other tall structures in accordance with the priorities expressed within this section, with § 123-20F(3)(a) being the highest priority and Subsection F(3)(d) being the lowest priority. An applicant shall not bypass sites of higher priority by stating the site presented is the only site it has leased or selected to cover the area of its demonstrated area of need. An application shall address co-location on an existing communications facility or tall structures as a primary option, and if such option is not proposed, the applicant must explain why co-location is commercially impracticable or is technologically infeasible as demonstrated by substantial evidence in the written record. Agreements between providers limiting or prohibiting co-location shall not be a valid basis for any claim of commercial impracticability or hardship.
(3)
Prioritization. The siting of new communication towers and antennas
shall be guided by the following prioritization of methods and zoning
districts:
(a)
Co-location on existing communication sites or tall structures,
regardless of the zoning districts.
(b)
Use of appropriate alternative tower structures, within allowed
zoning districts and locations relative to US Rt. 9W and NY Rte. 213.
(c)
Use of two or more shorter tower structures as an alternative
to one taller structure, within allowed zoning districts and locations
relative to US Rt. 9W and NY Rte. 213, provided the potential cumulative
adverse visual impacts are less than what would occur with the use
one taller structure.
(d)
New standalone communication towers west of US Rt. 9W and east
of NY Rt. 213 within the GC-1, GC-2 and LI Zoning Districts.
(e)
New standalone communication towers west of US Rt. 9W and east
of NY Rt. 213 within the R-40 Zoning District.
G.
Site selection criteria.
(1)
In all cases, co-locating on existing tall structures or utilizing
appropriate alternative tower structures or nonresidential structures
are preferred methods of providing service, provided there is no significant
adverse impact to residential property within 500 feet of said structure
or accessory equipment that cannot be mitigated.
(2)
If the proposed property site is within the R-40 Zoning District,
then a detailed explanation must be provided as to why a site of higher
priority method or location was not selected for the provision of
service to the service area identified in the application. The applicant
seeking such an exception must satisfactorily demonstrate by objectively
verifiable data why a site in higher-priority method or districts
were not selected to provide the service improvement. The Planning
Board shall review such applications with strict scrutiny under the
Federal Act and SEQRA.
(3)
Not withstanding that a potential site may be situated in an area
of highest priority or highest available priority, the application
may be disapproved for any of the following reasons:
(a)
Conflict with safety and safety-related codes and requirements.
(b)
Conflict with the historic nature of a neighborhood or historical
district.
(c)
Adverse aesthetic impact upon the overall character of the neighborhood
and surrounding community, or conflict with fundamental policy as
expressed within the Town's Comprehensive Plan, Local Waterfront
Revitalization Program Plan, and/or any other applicable Town or regional
planning document.
(d)
Applicant's failure to demonstrate, through submission
of objectively verifiable data, that the facility is needed in order
to fill service gaps within the Town under the Federal Act.
(e)
The applicant fails to satisfy any criteria for siting under
this section.
(f)
Adverse environmental impacts or resulting cumulative impacts
which cannot be mitigated pursuant to review of the application under
SEQRA.
H.
Procedures for review.
(3)
Preapplication meeting required for all proposals. The preapplication
meeting is intended to address issues to help to expedite the review
and permitting process. A preapplication meeting should involve, at
a minimum, the applicant, Planning Board Chair, Town Planning Consultant,
Town Engineer, and the Zoning Enforcement Officer/Building Inspector
and may consist of a conference call, in-person meeting and/or a site
visit. Costs of the Town's planning and engineering consultants
to prepare for and attend the preapplication meeting will be borne
by the applicant.
(4)
Relief, waiver or exemption. Any applicant desiring relief, waiver
or exemption from any aspect or requirement of this section may make
such request at the preapplication meeting or, subsequently, to the
Planning Board. Any request for waiver or exemption from any aspect
of this section shall be contained in the original application. Such
relief may be temporary or permanent, partial or complete. However,
the burden of proving the need for the requested relief, waiver or
exemption is solely on the applicant to prove. The applicant shall
bear all costs of the Town in considering the request and the relief,
waiver or exemption. No such relief or exemption shall be approved
unless the applicant demonstrates by clear and convincing evidence
that, if granted, the relief, waiver or exemption will have no significant
effect on the health, safety and welfare of the Town, its residents
and other service or the ability of the reviewing board to conduct
its review pursuant to this section.
I.
Application requirements. In addition to all other application requirements as stated in this section and in § 123-46 for special use permits and § 123-47 for site plan review, all applications for the construction or installation of new wireless telecommunications facilities, co-location facilities, or modification or an existing wireless telecommunications facility shall contain the following, unless otherwise waived by the Planning Board:
(1)
Name, mailing addresses, phone numbers and email addresses of the
following parties, as appropriate:
(a)
The person(s) preparing the application.
(b)
The landowner of the project site to be purchased, leased or
otherwise acquired.
(c)
The owner of a tower, building or structure on which co-location
is proposed, if the owner is not the applicant.
(d)
The applicant, including the applicant's legal name.
(e)
Engineering consultant(s).
(f)
Legal representative(s).
(g)
Other authorized service providers proposing to co-locate on
the wireless telecommunications facility.
(h)
The postal address and Tax Map parcel number(s) of the property.
(i)
Documentation to verify the applicant has the right to proceed
as proposed on the site. This requires an executed copy of the lease
with the landowner or landlord or a signed letter acknowledging authorization.
If the applicant owns the site, a copy of the ownership record is
required.
(j)
The zoning district in which the property is situated.
(k)
A descriptive statement of the objective(s) for the new facility,
modification, or co-location, including and expanding on a need such
as coverage and/or capacity requirements.
(l)
Documentation that demonstrates and proves the need for the
wireless telecommunications facility to provide service primarily
and essentially within the Town of Esopus. Such documentation shall
include propagation studies of the proposed site and all adjoining
planned, proposed, in-service or existing sites that demonstrate a
significant gap in coverage and/or if a capacity need, including an
analysis of current and projected usage.
(m)
A certified site plan, accurately drawn to scale, containing
the following information:
[1]
Title block including name of project, name of applicant, name
of map preparer, and address of the property.
[2]
Small-scale location and Zoning Map at a scale of one inch equals
2,000 feet; location map shall be oriented the same as the site plan.
[3]
North arrow.
[4]
Existing zoning district, with district boundaries within 500
feet of the site.
[5]
Existing vegetation, watercourses and other natural features.
[6]
Existing use of all adjoining properties.
[7]
Names of all adjoining properties.
[8]
Locations and names of existing adjacent streets.
[9]
Boundary line of property, including any interior lot lines.
[10]
Size of the property in square feet.
[11]
Location, size and height of all existing structures
on the property.
[12]
Existing structures, utilities and site improvements
on and within 100 feet of the site.
[13]
The location of nearest residential structure.
[14]
Existing parking, circulation, storage, and the
number of parking spaces.
[15]
Type, locations and dimensions of all existing
landscaping and fencing.
[16]
Location of any proposed tower and antenna(s)
and all related fixtures, structures, appurtenances and apparatus,
including height above preexisting grade, materials, color and lighting.
[17]
Azimuth, size and center-line height location
of all proposed and existing antennas on the supporting structure.
[18]
Where applicable, the following additional information
shall be provided:
[a]
Proposed buildings and other improvements (with
building and setback dimensions).
[b]
Existing and proposed utilities, including lateral
locations, sizes and connection points.
[c]
The location, size and height of all proposed structures
on the property.
[d]
The type, locations and dimensions of all proposed
landscaping, vegetation and fencing.
[e]
Proposed clearing and grading limits.
[f]
Proposed parking, circulation, storage, service
and display areas, with number of parking spaces.
[g]
Existing/proposed easements.
[h]
Existing and proposed site coverage statistics
(building area, paved area, and green space area in square feet and
as a percentage of the total site area).
[i]
A three-inch-by-three-inch block for site plan
approval stamp (at lower right side of plan).
[19]
The number, type and model of the antenna(s) proposed
with a copy of the specification sheet.
[20]
The make, model, type and manufacturer of the
tower and design plan stating the tower's capacity to accommodate
multiple users.
[21]
Construction plans showing the elevation of the
proposed wireless telecommunications facility, tower, antennae, and/or
accessory facilities or structures. Show all foundations, piers, structural
supports, cross arms, guy wires and anchors, antenna-mounting mechanisms,
lighting and signage. Label the size, material and color sample of
wireless telecommunications facilities, towers, antennas, and accessory
facilities or structures, including but not limited to equipment cabinets,
fencing and storage.
[22]
The frequency, modulation and class of service
of radio or other transmitting equipment.
[23]
The actual intended transmission power stated
as the maximum effective radiated power (ERP) in watts.
[24]
A complete RF emissions study to verify compliance
with FCC emissions regulations.
[25]
A copy of the FCC license applicable for the intended
use of the wireless telecommunications facilities.
[26]
A copy of the geotechnical subsurface soils investigation,
evaluation report and foundation recommendation for a proposed or
existing tower site and, if an existing tower or water tank site,
a copy of the installed foundation design.
[27]
A written copy of an analysis, completed by a
qualified individual or organization, to determine if the proposed
new tower or existing structure intended to support wireless facilities
is in compliance with Federal Aviation Administration Regulation Part
77, as amended, and if it requires lighting. This requirement shall
also be for any existing structure or building where the application
increases the height of the structure or building. If this analysis
determines that an FAA determination is required, then all filings
with the FAA, all responses from the FAA and any related correspondence
shall be provided with the application. If lighting is required by
law or regulation, the applicant shall provide a detailed plan for
sufficient lighting of as unobtrusive and inoffensive an effect as
is permissible under state and federal regulations.
[28]
Certification with documentation of the structural
analysis including calculations that the wireless telecommunications
facility tower and foundation and attachments, rooftop support structure,
water tank structure, and any other supporting structure as proposed
to be utilized are designed and will be constructed to meet all local,
Town, state and federal structural requirements for loads, including
wind and ice loads. To protect municipal services, any tower located
on Town property must be designed to withstand 100-mile-per-hour winds
and one inch of radial ice.
[29]
Documentation demonstrating that the facility
will be sited so as to minimize visual intrusion as much as possible,
given the facts and circumstances involved and will thereby have the
least adverse visual effect practicable on the environment and its
character and on the residences in the area of the wireless telecommunications
facility.
[30]
Visual impact assessment. If a new tower, proposal
for a new antenna attachment to an existing structure, or modification,
the applicant shall furnish a visual impact assessment, pursuant to
the following:
[a]
If a new tower or increasing the height of an existing
structure is proposed, a computer-generated zone of visibility map
at a minimum of one-mile radius from the proposed structure, with
and without foliage, shall be provided to illustrate locations from
which the proposed installation may be seen.
[b]
Pictorial representations of "before and after"
(photo simulations) views from key viewpoints both inside and outside
of the Town as may be appropriate, including but not limited to state
highways and other major roads; state and local parks; other public
lands; historic districts; preserves and historic sites normally open
to the public; and from any other location where the site is visible
to a large number of visitors, travelers or residents, as so directed
by the Planning Board. Provide a map showing the locations of where
the pictures were taken and distance from the proposed structure.
If sufficient information regarding the proposed location and tower
is provided at the pre-application meeting, guidance concerning the
appropriate key sites may be provided by the Planning Board. Otherwise,
guidance would be provided at a later meeting.
[c]
A written description of the visual impact of the
proposed facility including, and as applicable, the tower base, guy
wires, fencing and accessory buildings from abutting and adjacent
properties, state highways and other major roads; state and local
parks; other public lands; historic districts; preserves and historic
sites normally open to the public; and from any other location where
the site is visible to a large number of visitors, travelers or residents,
as so directed by the Planning Board.
[d]
The applicant shall demonstrate and provide in
writing and/or by drawing how it shall effectively screen from view
the base and all related equipment and structures of the proposed
wireless telecommunications facility.
[31]
In the case of an application for a new tower,
a written report demonstrating its meaningful efforts to secure shared
use of existing tower(s) or the use of alternative buildings or other
structures within the Town. Copies of written requests and responses
for shared use shall be provided to the Town in the application, along
with any letters of rejection stating the reason for rejection.
[32]
In the case of an application for a co-location
or modification of an existing tower, the applicant is to provide
signed documentation of the tower condition such as an ANSI report
as per Annex E, Tower Maintenance and Inspection Procedures, ANSI/TIA/EIA-222F
or most recent version. The inspection report must be performed every
three years for a guyed tower and five years for monopoles and self-supporting
towers.
[33]
Any and all representations made by an applicant
to the Planning Board, on the record, during the application process,
whether written or verbal, shall be deemed a part of the application
and may be relied upon in good faith by the Planning Board.
J.
Minimum standards.
(1)
Height and visibility.
(a)
The height of a wireless communication tower shall be limited
to the minimum required to provide the proposed communications services.
(b)
Unless the wireless communications tower is proposed to be located
on or within a building or structure, the tower shall not project
higher than 20 feet above the average tree canopy height of the proposed
site, or surrounding property, if trees do not exist on said site,
or 195 feet, whichever is less. For the purposes of this section,
"average tree canopy height" shall be the average height above ground
level of all trees that provide camouflage for the wireless telecommunications
facility, such average to be determined by inventorying the trees
to remain after the construction of the wireless communications facility
or trees surrounding the site if no trees existing or will remain
on the site.
(2)
All wireless communication accessory structures shall comply with
zoning setback regulations in the affected zone.
(3)
All wireless communication towers shall be set back a distance at
least equal to 1 1/2 times the tower's height. Additional
setbacks may be required by the Planning Board in order to provide
for public safety.
(4)
Safe zone. Wireless communication towers shall be designed so that
in the event of failure they will fall within the setback area of
the site and/or away from adjacent development.
(5)
Material and paint. Wireless communication towers and antennas shall
be of a galvanized finish, or painted gray above the surrounding treeline,
and gray or green below the treeline; the mountings of telecommunications
antennas shall be non-reflective and of the appropriate color to blend
with their background.
(6)
Accessory structures and facilities shall maximize use of building
materials, colors, and textures designed to blend with the natural
surroundings.
(7)
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 a special permit. Clear-cutting
of all trees in a single contiguous area exceeding 20,000 square feet
shall be prohibited.
(8)
Screening. Deciduous or evergreen tree plantings may be required
to screen portions of the tower and accessory structures from nearby
residential property as well as from public sites known to include
important views or vistas. Where the site abuts residential or public
property, including streets, the following vegetative screening shall
be required. For all towers, at least one row of native evergreen
shrubs or trees capable of forming a continuous hedge at least 10
feet in height within two years of planting shall be provided to effectively
screen the tower base and accessory facilities. In the case of poor
soil conditions, planting may be required on soil berms to assure
plant survival. Plant height in these cases shall include the height
of any berm.
(9)
No portion of this site shall be used for storage or display of any
product or material, or for parking of any vehicles, or for the conduct
of any other business operations, unless specifically designated for
such use on this site development plan.
(10)
The applicant shall employ the latest current industry standard
in sound-minimizing technology and demonstrate to the satisfaction
of the Planning Board that all reasonably available technology will
be implemented so as to minimize auditory impacts from generators
or other ancillary equipment resulting from the proposal to adjacent
properties to a reasonable level in the judgment of the Planning Board.
(11)
Wireless communications towers shall not be artificially illuminated
unless required by the FAA or other applicable authority. If lighting
is required, the lighting alternatives and design chosen shall, to
the fullest extent possible, cause the least disturbance to the surrounding
areas. Upon request from Planning Board, the applicant shall provide
a copy of any analysis indicating a requirement for lighting under
Federal Aviation Regulation Part 77, as amended. If this analysis
determines that the FAA must be contacted, then all filings with the
FAA, all responses from the FAA and any related correspondence shall
be provided to the reviewing board in a timely manner.
(12)
All utilities leading to and away from the site of any communications
towers, antennas and accessory communications structures shall be
installed in compliance with the New York State Uniform Fire Prevention
and Building Code and shall be installed underground and in compliance
with all applicable ordinances, local laws, codes, rules, and regulations
of the Town, including specifically, but not limited to, the National
Electrical Safety Code and the National Electrical Code, where appropriate.
(13)
No signs or advertising materials of any nature shall be allowed
on any communications tower or antenna unless such signs consist of
warning signs or other notifications designed to alert the public
to safety concerns.
(14)
Access. Adequate emergency and service access shall be provided.
Maximum use of existing roads, public or private, shall be made. Road
construction shall, at all times, minimize ground disturbance and
vegetation cutting to within the toe of fill, the top of cuts or no
more than 10 feet beyond the edge of any pavement. Road grades shall
closely follow natural contours to assure minimal visual disturbance
and reduce soil erosion potential.
(15)
Fencing. Sites of proposed new towers and sites where modifications
to existing towers are proposed shall be adequately fenced to prevent
unauthorized access, unless the applicant demonstrates to the Planning
Board that such measures are unnecessary to ensure the security of
the facility.
(16)
Security lighting. Motion-activated or staff-activated security
lighting around accessory communications structures, antennas or communications
towers may be provided if such lighting does not project off the site.
Such lighting should only occur when the area within the fenced perimeter
has been entered.
(17)
There shall be no permanent climbing pegs within 30 feet of
the ground on any tower.
(18)
A locked gate at the junction of the accessway and a public
thoroughfare may be required to obstruct entry by unauthorized vehicles.
Such gate must not protrude into the public right-of-way.
(19)
Inspection required. All accessory communications structures,
antennas or communications towers shall be inspected at least every
fifth year for structural integrity by a licensed New York State professional
engineer at the cost of the owner of the accessory communications
structure, antenna or communications tower. A copy of the inspection
report shall be submitted to the Building Department.
K.
Fees.
(1)
At the time that a person submits an application for in accordance
with this section, such person shall pay a nonrefundable application
fee. Application fees shall be established by the Town Board by resolution
from time to time. A fee schedule shall be made available upon request.
No required fee shall be substituted for any other fee.
L.
Removal.
(1)
The applicant shall submit an agreement, in writing, to remove all
accessory communications structures, antennas or communications towers
if such facilities become technically obsolete or cease to be used
for their original intended purpose for more than 12 consecutive months.
Upon removal of said facilities, the land shall be restored to its
previous condition, including but not limited to the seeding of exposed
soil.
(2)
The applicant must submit an analysis by a New York State licensed
professional engineer of the cost of removal of the accessory communications
structure, antenna and/or communications tower, as applicable, and
surrounding property restorations.
(3)
Prior to obtaining a building permit, the applicant must provide
a financial security bond or letter of credit reasonably acceptable
to the Planning Board for the removal of the accessory communications
structure, antenna and/or communications tower, with the Town of Esopus
as the designated assignee, in an amount approved by the Planning
Board which is equal to the current projected cost for the removal
of the type of facility permitted, plus a reasonable escalation rate
based upon the anticipated useful life of the facility.
A.
Purpose and intent. This section recognizes the importance of signs
to inform the public and as an aid to local establishments in attracting
customers and visitors. It also recognizes that neither the traveling
public nor local establishments are well served by unlimited numbers
and sizes of signs. The purpose of this section is to promote and
protect the public health, safety and welfare by regulating existing
and proposed signs and display graphics of all types, while at the
same time, ensuring the constitutional guaranteed right of free speech
is protected. It is further intended to protect property values, create
a more attractive economic and business climate, enhance and protect
the physical appearance of the Town of Esopus, preserve the scenic
and natural beauty of the Hudson Valley and the Town's many scenic
roads and vistas, the shores along the Town's waterways and to
provide a more enjoyable and pleasing community for residents of and
visitors to the Town of Esopus. It is further intended to reduce sign
and display distractions and obstructions that may pose a traffic
or pedestrian hazard caused by signs overhanging, projecting into
or in close proximity to the public right-of-way.
B.
Substitution clause. Notwithstanding anything contained in this section
to the contrary, any sign erected pursuant to the provisions of this
section may, at the option of the owner, contain a noncommercial message
in lieu of a commercial message. Without a permit pursuant to this
section, the sign face may be changed from a commercial message to
a noncommercial message or from a noncommercial message to another
noncommercial message; provided, however, that there is no change
in the size, height, setback or spacing criteria contained in this
section. A change from a noncommercial message to a commercial message
or a commercial message to another commercial message, when associated
with a change in use shall require a permit in accordance with this
section. A change in the size, height, setback or spacing criteria
contained in this section may require a new sign permit in accordance
with this section.
C.
Administrative interpretation and discretionary approval.
(1)
Interpretations of this section may be made by the Zoning Enforcement
Officer/Building Inspector. All interpretations of this section are
to be exercised in light of the policies, purposes and intent set
forth herein.
(2)
Whenever a sign permit or other approval is subject to discretion,
such discretion shall not be exercised as to message content, but
instead shall be directed to structural and location factors, including,
as applicable:
(a)
Whether the location and placement of the sign will endanger
motorists;
(b)
Whether the sign will cover or interfere with any prominent
view of a structure or facade of historical of architectural significance;
(c)
Whether the sign will obstruct views of users or adjacent buildings
to side yards, front yards or open space;
(d)
Whether the sign will negatively impact the visual quality of
a public open space, such as a public recreation facility, square,
plaza, park, courtyard and the like;
(e)
Whether the sign will negatively impact the visual quality of
a scenic view and/or landscape;
(f)
Whether the sign is compatible with building heights of the
existing neighborhood; and/or
(g)
Whether the sign's lighting or illumination system will
cause hazardous or unsafe driving conditions for motorists.
D.
Consent of legal owner of property. Except as required by state law,
no sign may be displayed without the consent of the legal owner of
the property on which the sign is mounted or displayed. For purposes
of this policy, "owner" means the holder of the legal title to the
property and any party and person with a present legal right to possession,
control, or use of the property.
E.
Compliance with other laws. Nothing in this chapter shall exempt
any applicant for a sign permit from full compliance with all other
applicable federal, state or local laws.
F.
Sign permits required.
(1)
In-kind replacement.
(a)
All in-kind replacements of signs not otherwise exempt from
jurisdiction pursuant to this section shall require a permit from
the Zoning Enforcement Officer/Building Inspector.
(b)
For the purposes of this section, "in-kind replacement" shall
mean the removal of an existing sign and installation of a new sign
of the same sign size, type, location, and color.
(c)
Any proposed in-kind sign replacement meeting relevant requirements
of this section, in the opinion of the Zoning Enforcement Officer/Building
Inspector, shall receive a permit from the Zoning Enforcement Officer/Building
Inspector within 14 business days of filing all required application
materials.
(2)
New signs.
(a)
All new signs and sign replacements not considered to be in-kind
pursuant to this section and not otherwise exempted herein shall obtain
a sign permit from the Planning Board.
(b)
Within 30 days of receiving a completed sign permit application,
the Planning Board shall approve, with or without conditions, or deny
the sign permit application. When denying a sign permit application,
the Planning Board shall detail the reason(s) for said denial.
(c)
If the new sign permit application is being reviewed concurrently
with a special use permit and/or site plan review application as part
of a larger project, the Planning Board shall not be required to issue
a decision on the sign permit application until the special use permit
and/or site plan review application review is completed.
(3)
Applications. Applications for new or in-kind sign replacements shall
be made on a form prescribed by the Building Department, and a standard
fee, as determined by the Town Board, shall be charged for processing
the application. At a minimum, the application shall include the following:
(a)
The name, address and telephone number of the applicant and
owner of the involved property.
(b)
Written description of the proposed sign type, sign copy, how
it conforms to this section and how the sign will be in keeping with
the character of the associated building, surrounding neighborhood
and the Town of Esopus.
(c)
Sign plan. Two sets of a sign plan, drawn to scale on sheets
of a minimum of 8 1/2 inches by 11 inches. The sign plan shall
include the following:
[1]
Dimensions and how the height and total square feet of the sign
were calculated, accompanied by written calculations.
[2]
Proposed design, colors and materials.
[3]
Details on any proposed illumination source.
[4]
Wiring and other electrical details and structural details,
including fastening and joining methods and materials.
[5]
A statement that the proposed sign as shown on the plan is structurally
sound and able to withstand wind loads as prescribed by the New York
State Uniform Fire Prevention and Building Code. Plans shall bear
the signature of the owner, applicant or the person responsible for
the design of the sign.
(d)
Plot plans. Two plot plans of the parcel on which the sign is
to be placed shall also be submitted, delineating property lines,
building locations and dimensions, parking areas, location and dimensions
of all other signs on the parcel, exact location of the proposed sign,
including dimensions of setbacks from property lines, and any obstructions
in relation to the designated location of the proposed sign. Where
a parcel has more than one frontage, the primary frontage shall be
designated on the plan. When a digital sign is proposed, the distance
of the nearest residential structure from the proposed digital sign
shall be provided.
(4)
Permit issuance.
(a)
Expiration of permit. If a sign authorized by a permit is not
completed and in place within six months from the date the permit
was issued, said permit shall become null and void, except that the
Zoning Enforcement Officer/Building Inspector may grant one extension
for a period not to exceed six months.
(b)
Certification. After the issuance of any permit for a sign under
this article and within 10 days after installation of such sign, the
applicant shall submit a photograph of the sign as completely installed,
which shall be filed with the original application, along with written
certification from the owner, applicant or designer whose name appears
on the approved plans, that the sign has been constructed and installed
according to the approved plans. Further, for all electrified signs,
the applicant shall also submit, within 10 days after the installation
of such sign, a certificate of approval of all the electrical work
undertaken to make electrical connections to the Underwriters'
Laboratories approved components of the sign by an electrical inspection
agency.
G.
Exempt signs. The following types of signs, as defined by this chapter,
may be erected, maintained and removed without permits or fees, provided
that they comply with the relevant requirements of this section.
(1)
Signs located on or in a rolling stock of common carriers, provided
that such rolling stock is not regularly parked near a public right-of-way
in such a way that the rolling stock becomes the functional equivalent
of a prohibited or nonconforming sign.
(2)
Signs on registered and inspected motor vehicles except those which
are determined by the Zoning Enforcement Officer to be circumventing
the intent of this chapter.
(3)
Signs erected by the Town of Esopus for official business purposes.
(4)
Signs erected by the State of New York or any of its boards, agencies
or departments and any other local, county, state or federal agency
for official business purposes.
(5)
Signs with an area not more than 260 square inches related to public
transportation stops.
(6)
New York State authorized repair/inspection/dealer identification
signs located on an exterior or interior wall of a motor vehicle service
station or incorporated into a permanent freestanding sign if the
repair station building is not visible from a public right-of-way.
(7)
Small on-site signs, no more than two square feet in size, which
are necessary and displayed for the direction, instruction, or convenience
of the public, including signs which identify restrooms, freight entrances,
posted areas, no-trespassing, parking, no-parking, handicapped parking,
and other similar types of signs. The intent of this provision is
to allow for small signs providing important information for the public.
Where freestanding, these signs shall not be more than four feet in
height and shall not obstruct pedestrian or vehicular safety or circulation.
(8)
Residential signs.
(9)
Commercial and noncommercial message flags.
(10)
Historical site markers or tablets; memorial signs or plaques;
names of buildings and dates of erection; and emblems installed by
governmental agencies, religious or nonprofit organizations, none
of which exceed six square feet in area.
(11)
Utility line identification and location signs.
(12)
Vacancy/no vacancy signs.
(13)
Real estate signs not exceeding 12 square feet in size.
(14)
Private sale signs for garage sales and auction, not exceeding
four square feet and for a period not exceeding five days.
(15)
Open/closed signs.
(16)
Signs and markers in cemeteries designating graves and memorials.
(17)
Fuel price signs. Manual changeable and digital fuel price signs
located on top of the fuel pump and no larger than four square feet
per pump.
(18)
Temporary or permanent, nonilluminated window advertising signs
which occupy no more than 25% of the total window area of the principal
facade of the establishment.
(19)
One illuminated window sign, no larger than six square feet,
located in doors and intended to be visible through a window from
a public right-of-way.
(20)
Yard signs.
(21)
Sidewalk signs.
(22)
Home occupations signs. A maximum of one freestanding site not
exceeding four feet in height and six square feet per sign face shall
be permitted for each home occupation use. In addition, one wall sign
not exceeding four square feet shall be permitted for each home occupation
use.
H.
Prohibited signs.
(1)
Unless otherwise specifically exempted herein, the following signs,
as defined by this chapter, are prohibited.
(a)
Nonoperational establishment signs. No signs and/or related
advertising material shall remain on a nonoperational establishment
premises more than 30 days after the establishment has closed. One
thirty-day extension may be granted by the Zoning Enforcement Officer/Building
Inspector. The Zoning Enforcement Officer/Building Inspector may allow
sign structures without messages to remain in place where appropriate
and usable by a subsequent establishment, provided the sign structures
are not considered non-conforming pursuant to this section.
(b)
Billboards are prohibited in all zoning districts. In recognition
of the negative visual impacts, including, but not limited to the
unaesthetic appearance of many billboards throughout Town, and particularly
in commercially developed areas and along rural, semi-rural, and suburban
public roads and highways, it is the intent and objective of this
Town Board to create a more aesthetic visual environment throughout
the Town in keeping with the rural, semi-rural, and suburban character
of its various hamlets, neighborhoods and areas by limiting, and ultimately
eliminating, certain kinds of commercial signage defined in this chapter
as billboards. All billboards in existence prior to the enactment
date of this chapter may remain in place and may be relettered, painted
or maintained. A billboard shall not be enlarged and, once removed,
shall be deemed permanently removed and may not be replaced. No billboard
shall be converted to a digital or internally illuminated sign.
(c)
Teardrop flag style signs.
(d)
Portable roadside/marquee signs.
(2)
Signs which display intermittent or flashing lights or lights of
varying degrees of intensity or moving parts, caused by natural, mechanical,
electric or other means, except barber's poles, and time/temperature
signs.
(a)
Search lights, laser beams, twirling signs, streamers, spinners,
balloons or other gas-filled figures or inflated signs, other moving
or fluttering devices (except flags, as defined herein) and similar
materials displayed for the purpose of drawing attention to a location.
(b)
Roof signs.
(c)
Signs located in windows above the second story of a building.
(d)
Signs that emit smoke, vapors, particles or sounds.
(e)
Signs incorporating projected images.
(f)
Outdoor neon signs.
(g)
Any other sign not specifically listed as allowed in this section.
(3)
No sign may be installed or maintained along and visible from a street
or highway which:
(a)
Interferes with, imitates, or resembles any official traffic
control sign, signal or device, or attempts or appears to attempt
to direct the movement of traffic.
(b)
Prevents the driver of a motor vehicle from having clear and
unobstructed view of official traffic control signs and approaching
or merging traffic.
(c)
Contains any lighting that is not shielded to prevent light
from being directed off site, or at any portion of the traveled highway
or street, or is of such intensity or brilliance as to cause glare
or to impair the vision of the driver of any motor vehicle, or otherwise
to interfere with or impair the vision of the driver of any motor
vehicle, or otherwise to interfere with the operation thereof.
(d)
Is fraudulent or misleading, or is in violation of or at variance
with any local, state or federal law or regulation.
(e)
Advertises activities which are illegal under local, state or
federal law or regulation.
(f)
Is not clean and in good repair.
(g)
Is not securely affixed to a substantial structure in compliance
with this section.
I.
Measuring sign area and height.
(1)
Sign copy surface area:
(a)
Will be the entire area of sign copy within a single continuous
perimeter enclosing all elements which form an integral part of the
sign. The structure supporting a sign shall be excluded unless the
structure is designed in a way to form an integral background for
or in a manner intended to increase the visibility of the display.
(b)
Back-to-back signs, identical signs arranged back-to-back or
diverging less than 30° from a common line or point may be counted
as one sign.
(c)
The area of a sign consisting of an insignia or other element,
but without background, shall be calculated as the smallest polygon
or circle possible enclosing the insignia.
(2)
Sign height. The height of any sign shall be measured from grade
level at the location where the sign is affixed to the ground, to
the top of the sign or any part of its structure, including lighting
and associated elements. In the case of a wall sign, the sign height
shall be measured from the grade level directly below the wall sign
to the top of the sign or any part of its structure, whichever is
taller.
J.
Sign location. No sign, except residential signs, may be attached
to, placed upon, or painted upon utility poles, street signs, fences,
other existing signs and sign posts, or trees.
K.
Sign maintenance and safety.
(1)
All signs and associated elements shall be of substantial and sturdy
construction, shall be kept in good repair, and shall be painted or
cleaned as often as necessary to maintain a clean, neat, safe and
orderly appearance.
(2)
All signs shall be maintained in good structural condition at all
times. All signs, including sign structures and sign faces, shall
be kept neatly painted, including all metal parts and supports that
are not galvanized or of rust-resistant metals, and in a general state
of good repair. For the purposes of this requirement, "good repair"
shall mean that there are no loose, broken or severely weathered portions
of the sign structure or sign face.
(3)
The Zoning Enforcement Officer/Building Inspector may inspect any
sign regulated by this section in order to confirm the painting, repair,
alteration or removal of a sign which constitutes a hazard to safety,
health or public welfare by reason of inadequate maintenance, dilapidation
or obsolescence.
(4)
Signs which have been determined by the Zoning Enforcement Officer/Building
Inspector to constitute a hazard to safety, health or public welfare
shall be considered in violation of this section.
(5)
Signs shall be engineered to withstand wind loads as prescribed by
the New York State Uniform Fire Prevention and Building Code, excepting,
however, wire-frame signs.
(6)
Safety. The Zoning Enforcement Officer/Building Inspector may require
the adjustment or relocation of any sign to help ensure vehicular
and pedestrian safety.
L.
Preferred sign materials. The Town of Esopus strongly encourages
the use of natural and/or durable composite materials resembling wood
that is carved, engraved or otherwise replicates a wooden sign with
lettering and designs either carved or engraved, recessed or applied
to the surface. Signs should be finished with the same or compatible
materials and colors as the building on the site.
M.
Permanent freestanding pole and monument signs.
(1)
Pole and monument signs, as defined in this section, shall be the
only permanent freestanding signs allowed in the Town of Esopus.
(a)
Number.
[1]
One permanent freestanding sign is allowed per lot, except where a second may be allowed as indicated in Subsection M(1)(a)[2] below.
[2]
One additional permanent freestanding sign may be permitted
if the lot upon which the sign is located is within the GC-1 or GC-2
District and has at least 650 feet of combined frontage on a Town,
county, U.S. and/or state road and each sign shall be a minimum of
350 linear feet apart.
(b)
Refer to Table 21-1: Town of Esopus Sign Schedule, located at
the end of this chapter, for allowed dimensions based on the applicable
zoning district.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(c)
Sign design. Permanent freestanding signs shall only have two
sides, diverging less than 30° from a common line or point.
(d)
Setback. Permanent freestanding signs and their associated support
structures shall be set back at least three feet from the inner edge
of sidewalks; where sidewalks do not exist, the setback shall be at
least eight feet from the traveled way or edge of pavement of the
nearest street or highway. The Planning Board and Zoning Enforcement
Officer/Building Inspector reserves the right to require a further
setback if site conditions require to ensure pedestrian and driver
safety.
(e)
Establishments without frontage on a public road. In cases where
an establishment is located on a parcel which does not have frontage
on a public road and is served by a shared driveway or legally deeded
right-of-way through a parcel which does have such frontage, said
right-of-way or driveway shall be considered a part of the establishment's
lot for purposes of an allowable permanent freestanding sign. However,
any such sign must be shared with the front parcel and shall require
approval of the right-of-way, driveway or easement holder and Planning
Board approval.
(f)
Directory signs. To inform the public of the location of multiple
establishments/tenants on one lot and/or in one or more buildings
located on one lot, one permanent freestanding business directory
sign (in addition to the one allowed permanent freestanding sign per
lot pursuant to this section), no larger than 32 square feet is allowed,
regardless of the zoning district in which the establishments are
located, and which shall be shared by all establishments. This sign
may also contain the name of the center, plaza or facility.
N.
Wall signs.
(1)
Size. Except where modified or superseded below, dimensions for wall
signs shall be guided by Table 21- 1: Town of Esopus Sign Schedule,
at the end of this chapter.
(2)
Number.
(a)
A total of three wall signs may be permitted for establishments/lots
that do not have a permanent freestanding sign.
(b)
When no permanent freestanding sign is proposed, the total combined
square feet of the allowed wall signs shall not exceed twice the maximum
permitted in accordance with Table 21-1: Town of Esopus Sign Schedule.
(c)
If there is one permanent freestanding sign on the lot, then
two wall signs may be permitted on the building where the related
activity occurs.
(d)
Multitenant buildings. Regardless of the presence of a freestanding
sign, each tenant having a storefront within a building shall be permitted
to have one wall sign. The total square feet of all wall signs shall
not exceed the total square feet permitted based on the linear feet
of building frontage, evenly divided among all tenants, with each
sign not exceeding 24 square feet per tenant.
(3)
Location.
(a)
Wall signs shall protrude no more than 12 inches from the wall, except when attached to a roof as permitted in Subsection N(3)(c) below.
(b)
Wall signs shall be mounted in traditional locations which fit
with the architectural design of buildings, such as over entrance
doors. In addition to the total number of allowed wall signs, one
additional, eight-square-foot flush-mounted sign may be permitted
at a side or rear entrance of each establishment, provided that the
entrance has direct access from a side or rear parking lot.
(c)
A wall sign may be permitted to be installed on a roof, provided
the sign does not project above the peak of the roofline.
O.
Awning signs. Awning signs are permitted on buildings/establishments
in place of one wall sign in accordance with the following:
(1)
Awning signs shall be permitted in all zoning districts.
(2)
Awnings eligible for signage shall consist of cloth or nontranslucent
material affixed to the exterior of the building by a permanent structure
that may be retractable; extending at least three feet from the exterior
of the wall; and providing shade and rain cover for pedestrians and
visitors to the building.
(3)
Signs are permitted on awnings located at building entrances, covering
outdoor seating and window displays.
(4)
Awning signs shall be located on the first floor only.
(5)
Sign copy is only permitted on the vertical portion of the awning;
no sign copy shall be placed on the roof portion.
(6)
Sign copy shall not exceed 25% of the vertical portion of the awning
on which the sign is located, or 16 square feet, whichever is less.
(7)
A minimum height of 10 feet of clearance must be maintained between
the top of the nearest sidewalk or curb and the bottom of the awning.
P.
Projecting/blade signs. One projecting sign per establishment may
be permitted on lots without a permanent freestanding sign. These
signs shall not exceed 16 square feet in size and shall not extend
further than four feet away from the building. For safety reasons,
the lowest part of the sign or its support structures shall be at
least eight feet above the sidewalk or grade directly beneath the
sign.
Q.
Sidewalk signs.
(1)
One sandwich board/A-frame, T-frame or curb sign, as defined by this
chapter, shall be allowed per lot or in the case of multiple establishments
on one lot, one sign per establishment. Said sign(s) may be placed
on or near the sidewalk in a location that does not impede pedestrian
flow by leaving a minimum cleared area of four feet to pass and does
not negatively impact sight distances or create a hazard. Signs may
be placed on sidewalks between the hours of 7:00 a.m. and 9:00 p.m.
(2)
Size and height. Sidewalk signs shall be no larger than eight square
feet and shall have a maximum height of four feet.
(3)
Properly weighted or anchored. All sidewalk signs shall be properly
anchored (temporarily) or weighted against the wind to prevent safety
hazards.
R.
Yard signs: wire-frame, metal frame and post signs.
(1)
Except during election season, no more than three of any combination
of metal frame, post and wire-frame signs shall be permitted on any
lot without a permit in accordance with the requirements of this section.
(2)
Election season. There shall be no limit on the number of wire-frame,
metal frame or post signs on any lot during election season, as that
term is defined in this chapter.
S.
Banners.
(1)
Banners, as defined by this chapter, may be allowed in any zoning
district in accordance with this section and only after obtaining
a permit from the Building Department. Permittees shall be entitled
to use banners for not more than 90 days at a time within any six-month
period.
(2)
A permit shall be issued for the use of banners only in locations
where such signs will not cause unreasonable annoyance or inconvenience
to adjoining property owners or other persons in the area and on other
such conditions as deemed necessary to protect adjoining premises
and the public. The maximum size allowed for any one banner is 40
square feet. All banners shall be removed on or before the expiration
date of the permit.
T.
Commercial flags. A maximum of one commercial flag, no larger than
15 square feet, as defined by this chapter, shall be allowed for each
establishment without a permit.
U.
Digital and illuminated sign standards.
(1)
Preferred sign type.
(a)
Externally illuminated. The Town of Esopus has determined that
externally illuminated signs are more consistent with the desired
character of the Town and are strongly preferred over internally illuminated
and digital signs.
(b)
Justification for alternative lighting. The Planning Board may
permit internally illuminated or digital signs in accordance with
the requirements of this chapter, and, in the opinion of the Planning
Board, the applicant provides sufficient justification that the proposed
sign is not inconsistent with the character of surrounding signs,
buildings, the neighborhood and the hamlet in which the sign is proposed
to be located.
(2)
Digital sign standards.
(a)
Refer to Table 21-1: Town of Esopus Sign Schedule, at the end
of this chapter, for zoning districts digital signs may be permitted
in.
(b)
Digital signs may be permitted as wall, pole or monument signs
in accordance with this chapter.
(c)
With the exception of fuel price signs, no more than one digital
sign shall be permitted on any one lot, regardless of the number of
establishments that are located on said lot.
(d)
The maximum allowed size of a digital wall or monument sign
is the maximum size allowed for the type of sign within the applicable
zoning district.
(e)
No digital sign shall be located closer than 300 feet from any
residential structure. The distance shall be measured from the edge
of the sign to the closest wall of the residential structure.
(f)
All digital sign copy shall not change more than once every
eight seconds and the change shall be completed immediately without
pauses and all parts of the message shall change simultaneously. The
Code Enforcement Officer and Planning Board shall have the authority
to permit longer periods between a change in digital sign copy.
(g)
No digital sign shall be permitted to display blinking, flashing,
dissolving, fading, or moving light, video, animation, and/or scrolling
messages, or emit audible sounds of any kind.
(h)
All new digital signs and, where practical, all digital signs
in existence at the time this section is enacted shall incorporate
systems/devices necessary to automatically adjust the brightness/intensity
of the display according to ambient (natural or otherwise) light conditions.
(i)
No message on a digital sign shall be configured to resemble
a warning or danger signal or cause a driver to mistake the sign or
its message for a warning or danger signal.
(j)
Digital signs may be illuminated between 6:00 a.m. and 11:00
p.m. An establishment that is open 24 hours a day is not required
to turn off their digital signs. Digital signs shall provide an automatic
timer to comply with the intent of this section.
(3)
Internally illuminated sign standards.
(a)
Refer to Table 21-1: Town of Esopus Sign Schedule, at the end
of this chapter, for zoning districts internally illuminated signs
may be permitted in.
(b)
Internally illuminated signs that allow the entire face to illuminate
shall be prohibited.
(c)
All internally illuminated signs shall use dark, nonopaque material
as background with punch-through copy so that only the copy is illuminated.
The punch-through copy shall be white or a similar light color.
(d)
No more than one internally illuminated sign shall be allowed
on any one lot, except that one indoor internally illuminated window
sign may be permitted per establishment in accordance with this section.
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Internally Illuminated Signs
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 Not Allowed
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 Allowed
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(4)
Externally illuminated sign standards.
(a)
Refer to Table 21-1: Town of Esopus Sign Schedule, at the end
of this chapter, for zoning districts externally illuminated signs
may be permitted in.
(b)
May be permitted in all zoning districts.
(c)
Light fixtures should be simple and unobtrusive in appearance
and size.
(d)
Only white lights may be used to illuminate a sign.
(e)
Light fixtures should be positioned so as to not obscure the
sign's message and graphics.
(5)
General illumination standards that apply to all outdoor illuminated
signs.
(a)
Each illuminated sign shall be subject to a thirty-day review
period, during which time the Zoning Enforcement Officer/Building
Inspector may determine that a reduction in illumination is necessary
due to negative impacts on surrounding property or the community in
general. In addition, and at any time, the Zoning Enforcement Officer/Building
Inspector may order the dimming of any illumination found to be excessively
bright.
(b)
All signs shall be made of nonreflective material, and shall
not employ any day-glowing or other fluorescent paint or pigment.
(c)
The illumination shall not interfere or distract from the message
conveyed by the sign.
(d)
The light source shall be shielded from view and all light sources
shall not create a hazardous glare for pedestrians or vehicles either
in a public street, right-of-way or on any private premise, nor result
in off-site glare, onto neighboring properties or into the sky.
(e)
Illumination should be appropriate for the location, use and
character of the neighborhood.
(f)
All exposed conduit and junction boxes should be concealed from
public view and all ground-mounted fixtures shall be screened by vegetation
or other appropriate means to the maximum extent practicable; all
fixtures mounted on the sign itself shall blend in with the background
color of the sign or its surroundings, as deemed appropriate for the
site.
(g)
The wattage of any lighting shall be the minimum of what is
necessary to adequately illuminate the sign.
V.
Special categories of signs.
(1)
Automotive fuel sale canopy signs:
(a)
An automotive fuel sales use with one or more canopies shall
be permitted no more than two canopy signs in total with a combined
total area not to exceed 16 square feet.
(b)
The canopy sign shall be permanently affixed to the vertical
face of the canopy and shall not project below the vertical face of
the canopy.
(c)
The canopy sign may be internally or externally illuminated
in accordance with the requirements for illuminated signs herein.
W.
Enforcement and administration. The provisions of this section shall be primarily enforced and administered by the Zoning Enforcement Officer/Building Inspector in accordance with Article VI of this chapter.
X.
Removal of signs. The Zoning Enforcement Officer/Building Inspector
shall order the removal of a sign if determined to be abandoned or
in violation of this section.
(1)
Abandonment. A sign shall be determined abandoned if the related
establishment, for a period of 12 consecutive months, conducts no
business or does not offer a product or service.
(2)
Removal.
(a)
The Zoning Enforcement Officer/Building Inspector, upon determining
that any such sign is abandoned or prohibited in accordance with this
chapter, shall require the sign to be removed by the owner of the
premises upon which the sign is located.
(b)
Notice for abandoned or prohibited signs. The Zoning Enforcement
Officer/Building Inspector shall give written notice to the last owner
of record of the real property where the sign is located and the permit
holder, if any, at the permit holder's last-known address of
record who shall, unless good cause is shown, remove the sign within
30 days from the date of the written notice. If no action is taken
by the owner or permit holder within said time period, the Zoning
Enforcement Officer/Building Inspector may cause the sign to be removed,
without liability to the Town or its agents.
(c)
Temporary signs. If a temporary sign is not removed by the expiration
of the time limit noted on the application, the Zoning Enforcement
Officer/Building Inspector, after seven days' written notice
to the permit holder to remove such sign(s) (computed from the date
of mailing) and after failure of the permit holder to do so, will
cause said sign(s) to be removed at the owner's expense.
(d)
Any sign removed by the Zoning Enforcement Officer/Building
Inspector in accordance with this section will be stored for a maximum
of 30 days. After 30 days, the Town may sell the sign and use the
proceeds towards the cost of removal.
(3)
Unsafe signs. The Zoning Enforcement Officer/Building Inspector may
cause any sign that is unsafe or insecure or is a source of immediate
peril to persons or property to be removed, repaired, or made to conform
immediately. If said sign is not removed, repaired, or made to conform
immediately or the case where the current property owner or sign permit
holder cannot not be reached, the Zoning Enforcement Officer/Building
Inspector may cause the sign to be temporarily secured or removed,
without liability to the Town or its agents.
(4)
At the sole discretion of the Town, the reasonable and necessary
costs incurred for temporarily securing, the removal and/or storage
of any offending or unsafe sign shall be charged against the real
property from which the sign was removed, by adding that charge to,
and making it a part of, the next annual real property tax assessment
roll of the Town. Such chargers shall be levied and collected at the
same time and in the same manner as Town-assessed taxes, to be applied
in reimbursing the fund from which the costs of sign removal were
paid. Prior to charging such assessments, the owners of the real property
shall be provided written notice to their last-known addresses of
record, by certified mail, return receipt requested, of an opportunity
to be heard and object before the Town Board to the proposed real
property assessment, at a date to be designated in the notice, which
shall be no less than 30 days after its mailing.
Y.
Amortization of portable roadside/changeable marque signs. Portable
roadside/changeable marque signs, as defined herein, are prohibited
in accordance with this chapter and shall be considered preexisting,
nonconforming signs. All such signs shall be removed by their owner
within five years of the enactment date of this section.
Z.
Continuation of nonconforming signs. Except for the amortization
required for portable roadside/changeable marque signs, all nonconforming
sign may be continued and shall be maintained in good condition as
required by this section, but shall not be:
(1)
Structurally changed to another nonconforming sign, although its
copy may be changed.
(2)
Structurally altered to prolong the life of the sign, except to meet
safety requirements.
(3)
Altered in any manner that increases the degree of nonconformity.
(4)
Expanded.
(5)
Reestablished after damage or destruction if the estimated costs
of reconstruction exceeds 50% of the estimated replacement costs as
determined by the Zoning Enforcement Officer/Building Inspector.
(6)
Continued in use when a conforming sign or sign structure is erected
on the same parcel or unit.
(7)
Continued in use when the structure housing the occupancy is demolished
or required renovations the cost of which exceeds 50% of the assessed
value of the structure.
(8)
Continued after the associated use conducts no business or does not
offer a product or service for a period of 12 consecutive months.
AA.
Removal of nonconforming signs. Nonconforming signs that are existing
or approved prior to this section being enacted shall not be subject
to the restrictions and provisions of this section until such time
as one or more of the following conditions occur:
(1)
The existing sign has reached the end of its useful life or
is destroyed.
(2)
The existing sign is determined by the Zoning Enforcement Officer/Building
Inspector to be in a state of disrepair creating a public safety hazard.
(3)
The existing sign is changed as a result of a change in use
requiring a building permit, special use permit and/or site plan approval
or other approvals required by the Planning Board, Zoning Board of
Appeals or Town Board.
A.
Intent and objectives.
(1)
Intent. The Mixed-Use Floating Zone (MFZ) regulations provide a procedure
for allowing flexible land use and design through creative planning
and design practices as it is not always possible to determine in
advance the exact location, type, standards and mixture of all uses
which may benefit the Town and its residents. The MFZ regulations
allow development matched to the unique characteristics of the site
and allow development techniques that might not otherwise be possible
through strict application of standard use, area, bulk and density
specifications. Approved MFZ Districts will enable greater flexibility
than conventional zoning while providing a customized regulatory framework
that recognizes the unique environmental, physical, and cultural resources
of the project area and neighborhood. MFZ District legislation approved
by the Town Board in accordance with this section will replace the
existing zoning for the parcel or parcels becoming MFZ Districts and
will become the basis for detailed design, review and contract of
subsequent development.
(2)
Objectives. In order to carry out the intent of this section, all
approved MFZ Districts shall:
(a)
Encourage and direct mixed-use development that includes a combination
of multifamily, commercial, civic, and other compatible uses to areas
currently served by municipal water and sewer, consistent with the
2019 Comprehensive Plan, and where applicable, the Local Waterfront
Revitalization Program (LWRP);
(b)
Achieve a compact pattern of development that encourages people
to walk, ride a bicycle or use available public transit;
(c)
Discourage singular use buildings developed as isolated islands
within an expansive parking lot;
(d)
To encourage, incentivize, and facilitate the adaptive reuse
of older buildings and aging strip developments that may be difficult
to redevelop under existing zoning regulations;
(e)
Encourage mixed-use, mixed-income, pedestrian-based neighborhoods;
(f)
Provide a high level of amenities that creates a comfortable
environment for pedestrians, bicyclists, and other users;
(g)
Maintain an adequate level of parking appropriate for the uses
and integrate uses safely with pedestrians, bicyclists, and other
users;
(h)
To protect and enhance the existing natural features of the
Town; and
(i)
Implement applicable goals and recommendations within the 2019
Comprehensive Plan.
B.
Approvals required.
(1)
Application required. Whenever a Mixed-Use Floating Zone (MFZ) project
is proposed, before any site plan, building permits or other necessary
approvals, the applicant or their authorized agent shall apply for
and secure approval of such MFZ project in accordance with this section.
(2)
Until all requirements of this section are followed, including MFZ
District approval and associated amendment of the Official Zoning
Map by the Town Board as contemplated herein, the underlying zoning
district(s) and associated regulations pursuant to this chapter remain
unchanged.
C.
Minimum requirements to submit an application. The following minimum
requirements must be met in order to submit an application for MFZ
District approval. No waivers on these minimum requirements are permitted.
(1)
Involved base zoning districts. Applications for MFZ approval shall
only be accepted for parcel(s) located in the following areas:
(a)
The entirety of the Broadway Commercial (BC) District: refer
to Figure 1 BC MFZ Boundary.
 Figure 1 BC MFZ Boundary
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(b)
The General Commercial-1(GC-1) District/R-12 District is predominantly
zoned GC-1 with a small section of R-12 as depicted on Figure 2 -
GC-1/R-12 MFZ Boundary.
 Figure 2: GC-1/R-12 MFZ Boundary
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(2)
Municipal water and sewer required. Properties seeking MFZ District
approval must be served by central water and sewer.
(4)
Mixed-use required.
(a)
One or more nonresidential uses permitted within the involved base zoning districts in accordance with the § 123-10, Schedule of Permitted Use Regulations, of this chapter, shall be required as part of the overall mixed-use project in accordance with the following requirements.
(b)
During their respective reviews, the Planning Board and Town
Board shall consider whether a mixed-use development is appropriate
in its context with adjacent land uses, the intent and objectives
of this section, and serves the needs of residents in an attractive
and functional manner. The evaluation of context with adjacent land
uses shall take into consideration applicable Comprehensive Plan goals
and associated recommendations related to the Town's future land
use and zoning.
(c)
The project may include two or more separate buildings, provided
at least one building incorporates a mix of allowed residential and
nonresidential uses. This limitation does not extend to accessory
buildings.
D.
Permitted residential density and bonuses. The following process
for calculating permitted residential density and increased density
through one or more bonuses shall apply only to projects seeking MFZ
District approval.
(1)
Base residential density. Applicants seeking MFZ District approval
shall begin with the following base residential densities.
(2)
Removal of constrained lands not required. Projects seeking MFZ approval
shall not be required to remove constrained lands to calculate permitted
residential density.
(3)
Density bonuses. Applicants proposing to exceed the base density
set forth in this section may seek approval for density bonuses with
the incorporation of one or more of the following project elements.
(a)
Twenty percent for repurposing an existing vacant or underutilized
building(s).
(b)
Twenty percent for projects that incorporate a minimum of two
high-quality pedestrian-scaled design elements. The applicant may
choose two or more from the list below and/or propose additional high-quality
pedestrian-scaled design elements: Placement of parking lots behind
buildings; provision for pedestrian connections between public sidewalks
and parking areas; widened sidewalks in front of the development;
and publicly available outdoor space adjacent to public sidewalks
that include opportunities for art installations, seating, landscaped
areas/gardens, and other unique and attractive elements.
(c)
Twenty percent for providing one or more workforce dwelling units that are reserved for renters that meet the eligibility requirements in accordance with § 123-22D(6) below.
(d)
Ten percent for inclusion of a pocket park or similar outdoor
gathering space (separate from a publicly available outdoor space
adjacent to public sidewalks as noted above) available for the project's
tenants and/or available to the public.
(e)
Ten percent increase for providing two or more EV charging stations.
(f)
Five percent for incorporating solar energy systems to supplement
the energy needs of the project.
(5)
No project seeking MFZ approval shall result in more than 20 residential
units.
(6)
Determining applicant eligibility for workforce dwelling units. Applicant
eligibility shall be determined by the Town Board as follows:
(a)
To be eligible to rent or purchase a workforce dwelling unit,
the household's aggregate annual income shall not exceed 80%
of the Kingston Metropolitan Statistical Area median family income,
as established and defined in the annual schedule published by the
Secretary of the U.S. Department of Housing and Urban Development
(HUD), and adjusted for the household size.
(b)
The Town Board shall annually review and revise, as necessary,
the standard of eligibility, which shall specify income levels for
varying sizes of households and may include different income eligibility
standards for buyers and renter.
(c)
The Town Board shall separately prepare and update annually,
regulations pertaining to the sales price and permissible rent and
resale of, improvements to, and related requirements for the long-term
administration and enforcement of workforce housing units approved
under this section.
(d)
Period of affordability. Workforce dwelling units shall be resold
or rented to moderate-income households in perpetuity. At the time
of site plan approval, the applicant, owner, and or the developer,
as applicable, shall execute and record restrictive covenants to restrict
the future sales price and/or rental terms of the workforce housing
units in accordance with the provisions of this section. The restrictive
covenants shall assure that:
[1]
The restrictions of this section run with the land in perpetuity.
[2]
The covenants shall bind the applicant, and heir, assignee,
mortgage or buyer, and all other parties that receive title to the
property. The covenants shall be subordinate only to the first mortgage
lien held by an institutional lender on the workforce dwelling unit
and in no way shall impair the institutional first mortgagee's
ability to exercise all remedies available to it in the event of any
default of such mortgage.
[3]
The covenants shall include a provision requiring that every
deed conveying title to an affordable dwelling unit shall include
the following paragraph, subscribed to in the instrument by both seller
and buyer, to inform all future sellers and buyers that this unit
is a workforce dwelling unit subject to the provision of this section:
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"This dwelling has been constructed for use by moderate-income families in accordance with § 123-22 of the Town of Esopus Code. Its future sale (including resale) or rent must be to persons who qualify under that section's income requirements at a price in accordance with the Esopus Town Code. The Town of Esopus shall have the power to enforce this clause and to recover reasonable attorney's fees and other costs incurred in successful efforts to remedy breaches of said provision of local law."
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E.
Mix of residential and nonresidential uses and square feet. Providing
for a healthy mix of residential and nonresidential uses is a primary
goal of this section. This requires a balancing of a variety of uses
on a scale and design so that the various uses cannot only coexist
but complement each other to create a vital and active community of
shopping, service, social and residential opportunities. Therefore,
the following guidance is being provided to assist in achieving an
optimal mix of residential and nonresidential uses.
(1)
For every one dwelling unit, the proposed MFZ project should incorporate
between 200 square feet to 400 square feet of nonresidential space.
F.
Town Board final determination of allowed dwelling units and nonresidential
space. The final authorized number of dwelling units and square feet
of nonresidential space by the Town Board will be based, at a minimum,
on the sites ability to adequately accommodate the proposed project
and required parking and stormwater, the projects compatibility with
the surrounding neighborhood and compatibility with the Comprehensive
Plan's recommendations on future land use and zoning, the capacity
of water and sewer infrastructure to handle the requested density,
and local traffic implications.
G.
Dimensional requirements. The following dimensional requirements
shall apply to projects seeking MFZ approval. The Town Board shall
have the authority through a simple majority vote to modify one or
more of the following dimensional requirements at the request of the
applicant and after the applicant demonstrates sufficient reason(s)
for the requested modification.
(2)
Side setbacks. The following side yard setback requirements shall
apply to both the Broadway Commercial (BC) and General Commercial-1
(GC-1)/R-12 Districts:
(a)
Side and rear yard setbacks may be reduced to five feet, except
when abutting a parcel or parcels within a Residential (R-12) District.
(b)
When abutting a parcel or parcels within a Residential (R-12)
District, the minimum setbacks shall be 10 feet. The Planning Board
reserves the right to increase the side and/or rear setbacks as the
project and adjoining uses dictates to ensure compatibility.
H.
Design standards. Projects seeking MFZ District approval shall incorporate
the following site and architectural designs to the satisfaction of
the Town Board and Planning Board. The Town Board shall have the authority
through a simple majority vote to modify one or more of the following
design standards at the request of the applicant and after the applicant
demonstrates sufficient reason(s) for the requested modification.
Key elements to consider are existing attractive architectural character
of the neighborhood/district; continuity of building scale and architectural
massing; transition to adjacent developments; treatment of the street-level
and upper-level architecture detailing; roof forms; rhythm of windows
and doors; and relationship of buildings to public spaces such as
streets, plazas, other open space, and public parking, including the
following:
(1)
General design criteria.
(a)
Encourage compatibility between residential and commercial uses
where existing residential zones abut commercial zones.
(b)
The variety of active uses should be complemented with facades
that are "animated" along the pedestrian ways.
(c)
Create a network of continuity of active spaces and avoid disconnected
spaces.
(d)
Design rooftops for visual interest and avoid a lack of design
attention.
(e)
Achieve compatible building styles and designs and avoid incompatible
elements.
(f)
Provide upgraded streetscapes including appropriate unified
site furniture to encourage pedestrian activity, avoiding dull/bleak
streetscapes that discourage walking.
(g)
Incorporate street trees and pedestrian-scale lighting (in addition
to vehicle area lighting) to enhance the area.
(h)
Provide pedestrian crosswalks to enhance connections across
streets and access driveways.
(i)
The design treatments for the area should be rich with detail
and high-quality materials to promote interest for users and visitors.
(2)
Specific design standards.
(a)
Unless otherwise stated, the following design standards are
mandatory. Each applicant for a MFZ District shall comply with the
required standards to the maximum extent practicable to achieve the
goals and specific recommendations as set forth in the Comprehensive
Plan and in accordance with the purpose and intent of the regulations
set forth in this section. Where the following standards are stated
as not mandatory, compliance is strongly encouraged. The term "shall"
is interpreted as mandatory. The term "should" or "may" is interpreted
as optional.
(b)
Authority to waive or modify mandatory design standards. At
the request of the applicant, the Town Board shall have the authority
to waive or modify mandatory design standards with a supermajority,
provided that granting of the waiver will not be detrimental to the
public safety, health or welfare, or injurious to other property.
(c)
Building design and orientation.
[1]
Buildings must present their main facade and entrance toward
the primary street. Buildings should be oriented parallel or perpendicular
to public sidewalks and allow for parking in the rear or side of the
proposed structure.
[2]
Building-scale and architectural massing shall incorporate elements
for a reasonable transition to adjacent existing (or future) developments
and the proposed project.
[3]
All new buildings shall be a minimum of two functional stories.
[4]
The first floor of new buildings shall be a minimum of 12 feet
measured floor to floor.
[5]
Buildings shall incorporate varying heights and/or other designs
to create visual interest from the street. The ground-level facade
should have a distinct look from the stories above (e.g., using different
architectural elements, such as building material or trim accent,
lighting, cornice lines, awnings, projections, window treatments and
sizes, and/or paint colors).
[6]
The vertical plane of the building facade shall be broken up
with a high level of articulation (e.g., projecting entry or window
features, recessed elements, transparent storefronts, identifiable
retail spaces and, awning/entrance canopies) especially at ground
level.
[7]
Build to line. To define street frontage and pedestrian areas,
buildings are strongly encouraged to be placed at the closest permitted
front setback line (10 feet in the GC-1 District and zero feet or
the back edge of the sidewalk in the BC District).
(d)
Roof designs.
[1]
Pitched, hip (gable), and flat roofs are encouraged.
[2]
All roofs shall incorporate a parapet with cornice details along
facades facing public streets.
[3]
Plain parapets are discouraged.
[4]
Should complement the overall style of the building.
[5]
Materials should not be reflective.
[6]
Should incorporate measures to prevent falling snow and ice
onto the sidewalk.
(e)
Pedestrian-oriented design criteria. The following criteria
are intended to encourage buildings to be designed to a human scale
for pedestrian access, safety and comfort and to promote a design
which would provide direct and safe access between the site and adjacent
land uses that is convenient and pleasant for the pedestrian.
[1]
The site layout shall cluster buildings and other project elements
on the site to promote linked trips via interconnected pedestrian
promenades such that a pedestrian need not cross more than 64 linear
feet of parking or driveway area, or one double loaded row of parking
(not inclusive of sidewalks, pathways, landscaping, plazas, and other
pedestrian facilities), whichever is less, between buildings.
[2]
The development should be designed to be well-integrated with
adjacent land uses. "Integrated" means that uses are within a comfortable
walking distance (i.e., 1/4-mile radius) and are connected to each
other with direct, convenient and attractive sidewalks and/or pathways.
[3]
The development should provide internal and/or public pedestrian
connections that are direct, convenient and pleasant with appropriate
landscaping and other amenities (e.g., attractive sidewalks, plantings,
trash/recycle containers, and benches); and
[4]
The development shall incorporate the following criteria where
applicable:
[a]
The building(s) have at least one primary entrance
facing a street, or is directly accessible by a sidewalk or plaza
within 20 feet of the primary entrance.
[b]
The main building entrances open directly to the
outside.
[c]
Every building has at least one entrance that does
not require passage through a parking lot or garage to gain access.
[d]
Corner buildings have corner entrances whenever
possible.
[e]
Ground-floor windows of nonresidential space facing
Broadway (US Rte. 9W) have a minimum of 50% to 75% of transparent
glass that is oriented vertically.
[f]
Include pedestrian facilities that connect the
development to adjacent land uses and provide connections through
the development to the public street right-of-way.
[g]
Sidewalks and/or plazas are provided with weather
protection (e.g., awnings/canopies) and appropriate pedestrian amenities
(e.g., street tree grates, plantings, outdoor seating, bus waiting
areas, trash/recycle containers, sidewalk displays, public art, etc.).
(3)
On-site parking areas. Whenever feasible, parking shall comply with
the following criteria:
(a)
Surface parking shall be oriented behind or to the side of a
building when possible and shall not exceed a maximum depth of 62
feet (e.g., two-way aisle with parking on both sides) not counting
any required landscaping.
(b)
If surface parking is located at the side of a building there
shall be a minimum five-foot landscaped buffer between the parking
area and edge of the sidewalk.
(c)
Landscape features shall include trees, hedges, shrubs or low
walls of brick, wood, wrought iron, or another acceptable structure/material.
(d)
Surface parking shall not be located on street corners.
(e)
Shared access points are required to reduce curb cuts, where
appropriate.
(f)
Easements should be used to formalize shared access arrangements
between business sites.
(g)
Peak period (spillover) parking areas with alternate pervious
paving materials are strongly encouraged and could include grass pavers
and gravel surfaces.
(h)
Parking requirements shall be governed by § 123-26, Off-street parking and loading standards, of this chapter, except as modified by this section.
(i)
Joint parking use. Where parking demands peak during different times of the day, parking should be shared. Parking areas should be developed as joint-use parking areas under the provisions of § 123-26.
(j)
Parking and vehicle drives should be located away from building
entrances and not between a building entrance and the street, except
as may be allowed when a direct pedestrian connection is provided
from the sidewalk to the building entrance.
(5)
Public plazas.
(a)
Plazas are strongly encouraged. A plaza is an open space that
is continuously accessible to the public and may be landscaped or
paved and is typically surrounded by buildings or streets and open
to the sky. A plaza usually provides amenities such as seating, ornamental
fountains, lighting, and landscaping for use by pedestrians.
(b)
Incorporation of works of art into the public spaces, exterior
facade or entrance lobbies is strongly encouraged.
(c)
The area should be landscaped with trees, perennials, annuals,
herbaceous shrubbery, ornamental lighting, and benches.
(d)
The area should be constructed on the side of the building that
receives the most sunlight, when possible.
(6)
Outdoor dining. Opportunities for outdoor dining are strongly encouraged.
Outdoor dining is an area of a designated size with seating and/or
tables located outdoors of a restaurant, coffee shop, or other food
service establishment, which is a) located entirely outside the walls
of the subject building; b) enclosed on two sides or fewer by the
walls of the building with our without a solid roof cover; or c) enclosed
on three sides by the walls of the building without a solid roof cover.
The seating may be in addition to the indoor seating or it may be
the only seating available for the establishment. The outdoor dining
area must be visually and architecturally integrated pursuant to the
design standards.
(a)
Outdoor dining areas should be temporary structures and dismantled
during winter months.
(b)
No outdoor dining areas shall obstruct safe passage of pedestrians
on sidewalks and a minimum five-foot-wide unobstructed path shall
be maintained at all times on sidewalks.
(c)
In no case should the fence/railing combination prohibit views
from the sidewalk into the outdoor dining area.
I.
Procedures.
(1)
Optional preapplication conference. It is recommended that the applicant
meet informally with Town officials and/or Town designees prior to
completion of a sketch plan application. The purpose of a preapplication
conference will be to discuss proposed uses, density, requested density
bonuses, the overall preliminary development plan, to clarify sketch
plan application requirements and address any questions. The applicant
shall submit a letter requesting the preapplication meeting. The letter
shall describe the proposed project, including the types of uses,
number of residential units, and requested density bonuses, along
with the identification of sketch plan application requirements the
applicant is seeking a waiver from, accompanied by a preliminary sketch
plan of the proposed project, if available.
(2)
Sketch plan conference required.
(a)
A sketch plan conference with the Town Board shall be required
prior to the submission of a formal MFZ District application. In order
for a sketch plan conference to be scheduled, a sketch plan application
shall be made by the owner(s) of the land(s) to be included in the
district or by a person or persons possessing a written contract or
option rights to purchase the lands. The application shall be accompanied
by a statement signed by all owners of such land indicating concurrence.
(3)
Sketch plan requirements. To assist the Town Board in making an initial
determination on merit and to establish basic design principals, a
sketch plan application consisting of the following shall be submitted
to the Town Board. The Town Board reserves the right to, and through
a simple majority vote, waive one or more sketch plan application
requirements if deemed unnecessary or nonapplicable given the nature
of the proposed project.
(a)
Required data for maps and plans as applicable:
[1]
Lot, block and section number of the property, taken from the
latest property record of the parcel(s) proposed for a MFZ.
[2]
Name and address of the owner of record.
[3]
Name and address of the applicant if different than the owner.
[4]
Name and address of the person, firm or organization preparing
the application materials.
[5]
Date, North point and written graphic scale.
[6]
Sufficient description or information to define precisely the
boundaries of the property.
[7]
The locations and owners of all adjoining lands as shown on
the latest tax records.
[8]
The location, width and purpose of all existing easements, reservation
and areas dedicated to public uses within or adjoining the property.
[9]
A complete outline of existing deed restrictions or covenants
applying to the property.
[10]
The subject property's existing zoning district(s).
(b)
Natural features.
[1]
Existing contours with intervals of five feet or less, based
on a reference system satisfactory to the Town Board.
[2]
Approximate boundaries of any areas subject to flooding or stormwater
overflows.
[3]
Location of existing watercourses, wetlands, wooded areas and
other vegetation, rock outcrops and other significant features.
(c)
Existing structures and utilities.
[1]
Location of all existing uses and outline of structures.
[2]
Paved areas, sidewalks and other impervious surfaces.
[3]
Vehicular access points between the site and public streets.
[4]
Approximate locations and flow direction of existing sewers,
culverts, waterlines, as well as other underground and aboveground
utilities within and adjacent to the property.
(d)
A conceptual development plan including:
[1]
Succinct narrative describing the entire proposed project, including
but not limited to the number and type of proposed residential dwelling
units, the type and square feet of proposed nonresidential uses, pedestrian
and bicycle infrastructure amenities, architecture and other interesting
design elements, how the project meets the intent and objectives,
and requirements of this section, how the project is consistent with
the vision and applicable goals and recommendations of Comprehensive
Plan, and how the project meets local and regional housing and economic
needs.
[2]
The existing base residential density of the project site in
accordance with the calculation method set forth in this section.
[3]
Maximum requested number of dwelling units, including the number
of units being requested through one or more density bonus. The required
narrative shall identify and describe in adequate detail the project
elements being proposed to obtain requested density bonuses in accordance
with this section.
[4]
Location and dimensions of proposed buildings and/or structural
improvements.
[5]
Front, side and rear setbacks for all proposed structures.
[6]
Location and dimensions of proposed sidewalks and other pedestrian
amenities.
[7]
Location and dimensions of proposed off-street parking, number
of spaces and proposed plans to incorporate shared parking arrangements
to reduce the amount of off-street parking required.
[8]
Proposed lot coverage, impervious and pervious surfaces.
[9]
Anticipated utility improvements and approach to address stormwater
requirements.
[10]
Anticipated changes in the existing topography
and other natural features.
(e)
Completed Environmental Assessment Form Part I.
(g)
Escrow required. The applicant shall be prepared to deposit funds into an escrow account in accordance with § 123-31 of this chapter for the purposes of covering costs associated with the Town's technical review of the project. The amount of the initial escrow deposit will be identified by the Town Board at or subsequent to the sketch plan conference, as applicable.
(h)
An escrow in the amount identified by the Town Board.
(4)
Sketch plan review by Town Board.
(a)
The Town Board will review the MFZ sketch plan application at
the next regularly scheduled Town Board meeting and determine if sufficient
information has been provided to determine whether or not the application
has merit for further consideration.
(b)
Within 45 days of receiving a MFZ sketch plan application deemed
complete, the Town Board shall determine whether or not the application
has merit for further consideration.
(c)
The Town Board shall review the sketch plan application and
make a determination of merit according to the following criteria:
[1]
The proposal meets the intent and objectives and requirements
of this section.
[2]
The proposal conforms to the Comprehensive Plan, and if applicable,
the Local Waterfront Revitalization Program.
[3]
The proposal meets local and regional needs.
[4]
The proposal meets any additional criteria the Town Board considers
relevant.
(d)
The Town Board retains absolute discretion to approve a MFZ
District, and reserves the right to refuse to entertain an application
for any reason. If the Town Board determines that the application
does not merit review, it shall provide said determination in writing
to the applicant and no further action on the application shall be
taken. The applicant may submit a revised sketch plan application
for consideration.
(5)
Planning Board referral.
(a)
Application referral. If the Town Board determines that the
application does merit Planning Board review, the Town Board shall
provide their decision, in writing, to the applicant and shall immediately
refer the sketch plan application to the Planning Board.
(6)
Preliminary site plan.
(a)
The Planning Board shall review the sketch plan and its related
documents and shall request any additional information it considers
necessary to render a decision on favorability. The Planning Board
review of the referral and any additional materials requested shall
constitute preliminary site plan review.
(b)
The Planning Board shall render either a favorable or unfavorable
report to the Town Board and application within 90 days of receipt
of all necessary application materials. The Planning Board may, at
its option, hold a public hearing prior to its action.
(c)
A favorable report shall be based on the following findings,
which shall be included as part of the report:
[1]
The proposal is consistent with the goals and policies contained
in the Town's Comprehensive Plan and, if applicable, the Local
Waterfront Revitalization Program.
[2]
The proposal meets the intent and objectives of this section.
[3]
The proposal meets the standards and requirements of this section.
[4]
The proposal is conceptually sound in that it meets local and
area-wide needs and it conforms to accepted design principals in the
proposed pedestrian system, land use configuration and design, drainage
system and project scale.
[5]
There are adequate services and utilities available or proposed
to be made available in the construction of the development.
(d)
Preliminary site plan approval. For the purposes of this section,
the issuance of a favorable report by the Planning Board shall constitute
an approved preliminary site plan. Preliminary site plan approval
does not authorize earthwork, land clearing or construction of any
kind until all approvals required by this chapter are obtained.
(e)
An unfavorable report shall state clearly the reasons therefor
and, if appropriate, point out to the applicant what modification
might be considered in order to receive a favorable report. The applicant
may appeal an unfavorable report to the Town Board. The Town Board
may, upon a vote of a majority plus one additional vote, proceed to
hold a public hearing on its own initiative.
(7)
Application to the Town Board.
(a)
Upon issuance of a favorable report from the Planning Board, the Town Board shall initiate the procedures for the purpose of considering designation of a MFZ District for the applicant's plan in accordance with the procedures established under § 123-50, Procedures, of this chapter.
(b)
Type 1 action. Any application for the creation of a MFZ District
to accommodate a mixed-use project shall be a Type 1 action under
the State Environmental Quality Review (SEQR) Act.
(c)
Prior to holding a public hearing, the Town Board shall render
a determination of environmental significance in accord with the procedures
of the SEQR. If such determination requires that a draft environmental
impact statement (DEIS) be submitted and circulated, said DEIS shall
be prepared in accord with the standards and procedures of SEQR. All
procedures under SEQR shall be completed prior to the Town Board's
action on the application.
(8)
Action by the Town Board.
(a)
The Town Board may grant approval of the application and designate the MFZ District, as requested, upon demonstration that the intent and objectives set forth in § 123-22A(1) and (2) of this section will be achieved and that, based on review of potential environmental effects, the proposal minimizes or avoids adverse environmental impacts to the maximum extent practicable.
(b)
The Town Board shall disapprove the application if it finds
that, in its opinion, the intent and objectives of this section will
not be achieved or that adverse environmental impacts are not minimized
or avoided to the maximum extent practicable.
(c)
If the Town Board grants the application for a MFZ District, the Zoning Map shall be so notated. The Town Board may, if it feels it necessary in order to fully protect the public health, safety and welfare of the community, attach to its zoning resolution any additional conditions or requirements upon with the approval shall be contingent. Such requirements may include, but are not confined to, visual and acoustical screening, availability of sites within the area for necessary public services, protection of natural and/or historic sites, other such physical or social demands, provision of satisfactory surety to guarantee that essential public and private utilities and facilities are completed in accord with the approved plan and time limits for various phases of development. The Town Board shall state at this time its findings with respect to the mix of residential and non- residential uses and the maximum residential density in accordance with § 123-22D through F above.
(9)
Site plan approval process for Town Board designated MFZ Districts.
(a)
Upon Town Board granting of a MFZ District, the applicant shall proceed to site plan approval in accordance with § 123-55, Site plan approval process for Town Board designated district, of this chapter.
(b)
No earthwork, land clearing or construction of any kind shall take place within the limits of a MFZ District until a site plan for such development or the appropriate section thereof has been reviewed and approved, all in accordance with the procedures outlined in § 123-55.
(c)
Substantial conformance. The Planning Board shall not approve
any site plan within a MFZ District unless said Board finds the site
plan is in substantial performance with the approved preliminary site
plan.
(d)
Upon receipt of the site plan application in accordance with § 123-55, the Planning Board shall provide one copy to the Town Engineer, one copy to the Town Planner, one copy to the Town Attorney, one copy to the involved fire district(s) and one copy to the Superintendent of Highways, all for review and report.
J.
Additional regulations.
(1)
Regulation after initial construction and occupancy. For the purpose
of regulating development and use of property after initial construction
and occupancy, any changes other than use changes shall be processed
as a special use permit request to the Planning Board. Use changes
shall also be in the form of a request for special use permit except
that Town Board approval shall be required. It shall be noted, however,
that properties lying in an approved MFZ Districts are unique and
shall be so considered by the Planning Board or Town Board when evaluating
these requests; and maintenance of the intent and function of the
mixed use shall be of primary importance.
(2)
Performance guaranties. As a condition of final approval of a request
for MFZ District, the Town Board may require the posting of such performance
guaranties as it deems necessary to insure the installation of necessary
improvements. Said performance guaranty shall be for a period to be
determined by the Town Board. The amount of the performance guaranty
may be reduced by the Town as portions of the required improvements
have been completed.
(3)
Fees. Fees for applications for MFZ Districting and site plan approval shall be in accord with a schedule for fees adopted by the Town Board as set forth in § 123-31 of this chapter. Such fees shall be based on the size and complexity of the proposed development and shall be sufficient to cover costs of all required reviews, including those related to the review of environmental impacts, and the retention of professional assistance, if necessary.
(4)
As condition of the MFZ District approval, the applicant/owner shall
consent to periodic inspections by the Building Inspector on notice
to confirm compliance with requirements of the approval and shall
be responsible for associated inspection fees to monitor compliance
in accordance with the fee schedule adopted by the Town Board, as
amended.
K.
Reversion.
(1)
In the event that a building permit has not been issued for any building construction within a designated MFZ within a period of five years and a day following the granting of final site plan approval, as set forth in § 123-22I(8) of this section, or any extension of site plan approval, the MFZ District zoning designation shall be rendered null and void. In such event, the lands within the MFZ District shall revert to the original zoning districts that existed prior to the MFZ District designation, and this reversion shall be noted on the Official Zoning Map of the Town.
A.
Steep slope protection regulations.
(1)
Purpose. The purpose of these steep slope protection regulations
is to conserve the sensitive environments on steep slopes in the Town
of Esopus and to regulate land use within these areas in a manner
which allows for compatible development while:
(a)
Ensuring development will not result in uncontrolled soil erosion,
unreasonably alter the natural topography of the area, require excessive
grading, increase slope instability, increase stormwater runoff, contaminate
surface waters, or create on-site sewage treatment problems.
(b)
Guarding against property damage and personal injury.
(c)
Minimizing the potential for stream siltation, flooding, and
contamination of surface waters.
(d)
Protecting the water quality of the Hudson and Wallkill Rivers,
the Rondout Creek and all streams, lakes, ponds and wetlands within
the Town of Esopus.
(e)
Conserve existing steep slope woodlands for air and water quality
benefits and the preservation of wildlife habitats.
(2)
Applicability.
(a)
Unless specifically stated otherwise, these regulations shall
apply to all development requiring site plan and/or subdivision approval
involving disturbance to slopes of 15% or greater, measured over a
horizontal distance of 100 feet.
(b)
For the purposes of this chapter, slopes of 15% or greater shall
be referred to as "steep slopes."
(3)
Requirements.
(a)
Any development proposed on steep slopes shall be designed to
work with the natural elements of the site, locating the proposed
improvements in such a manner as to minimize disturbance, cut and
fill operations, tree removal, and alterations to natural drainage.
[1]
Applicants proposing development on steep slopes
shall demonstrate that the proposed improvements are designed to fit
the natural elements on the site, rather than making the site fit
the development goals of the landowner.
[2]
In any project with cut and fill operations, the
applicant shall demonstrate to the Planning Board that there was no
other alternative to cut and fill to develop the site and that cut
and fill has been minimized.
(b)
Limiting overall land disturbances. All land disturbance activities
on steep slopes, including but not limited to clearing, grading, excavation,
building, construction, construction of driveways and roads, cutting
and filling, shall be limited to the minimum land area necessary to
accommodate the proposed use or activity, and in the case of one-
and two-family dwellings, land disturbance shall in no case be greater
than 15,000 square feet plus land necessary for driveway access and
on-site wastewater treatment system and lawn area.
(c)
Stormwater and erosion control. All grading, erosion and sediment
control practices shall meet the design criteria set forth in the
most recent version of the New York Standards and Specifications for
Erosion and Sediment Control. The design of stormwater management
practices shall comply with the standards detailed in the most recent
version of the New York State Stormwater Management Design Manual.
(d)
Roads and driveways. Roads and driveways shall follow the natural
topography to the greatest extent possible in order to minimize the
potential for erosion and shall be consistent with all other applicable
ordinances and regulations of the Town of Esopus and current engineering
practices.
(e)
Protecting ridgelines. The natural elevations and vegetative
cover of ridgelines shall be disturbed only if the crest of a ridge
and the tree line at the ridge remain uninterrupted. This may be accomplished
either by positioning buildings and areas of disturbance below a ridgeline
or by positioning buildings and areas of disturbance at a ridgeline
so that the elevation of the roofline of the building is no greater
than the elevation of the natural tree line. However, under no circumstances
shall more than 100 feet along the ridgeline, to a width of 100 feet
generally centered on the ridgeline, be disturbed.
(f)
Cuts, fills and regrading.
[1]
Cuts and fills shall be rounded off to eliminate
sharp angles at the top, bottom, and sides of regraded slopes.
[2]
The angle of cut and fill slopes shall not exceed
a slope of one vertical to two horizontal except where retaining walls,
structural stabilization or other methods acceptable to the Planning
Board.
[3]
To the maximum extent practicable, all visible
construction cuts and permanent scarring shall be minimized and all
regrading shall blend in with the natural contours and undulations
of the surrounding topography.
[4]
Terracing of building sites shall be kept to an
absolute minimum.
[5]
All efforts should be taken to avoid the use of
retaining walls. When a retaining wall is absolutely required, it
shall be designed and treated so as to blend into the surrounding
natural colors as much as possible.
(g)
Restoration and revegetation.
[1]
All disturbed areas not otherwise used for approved
development shall be restored to original grades and revegetated with
plant material native to the hillside.
[2]
All surplus excavated material shall either be
legally disposed of on or off the subject property prior to the issuance
of the certificate of occupancy.
[a]
If surplus excavated material is disposed of on
the property, said material shall blend in with the natural surroundings.
When such blending is not practical, the material shall not be visible
from surrounding properties or publicly-accessible locations.
B.
Performance standards applicable in the LI and HI Districts.
(1)
Fire and explosion hazards. All activities involving and all
storage of flammable and explosive materials shall be provided, at
any point, with adequate safety devices against the hazard of fire
and explosion and adequate firefighting and fire-suppression equipment
and devices standard in the industry. Burning of waste materials in
open fires is prohibited at any point. The relevant provisions of
state and local laws and regulations shall also apply.
(2)
Vibration. No vibration shall be produced which transmitted
through the ground and is discernible without the aid of instruments
at or beyond the lot line.
(3)
Noise. The maximum sound pressure level radiated by any use
of a facility (other than transportation facilities) at the property
line shall comply with the Town of Esopus Noise Ordinance, or in the
absence of a noise ordinance, not exceed the values tolerable in a
residential neighborhood, except by specific review and approval by
the Planning Board.
(4)
Smoke. No emission shall be permitted at any point, from any
chimney or otherwise, of visible gray smoke of a shade equal to or
darker than No. 2 on the Ringelmann Smoke Chart (Revision of IC 7718)
by the US Department of the Interior, Bureau of Mines, dated 1967,
or as amended, except that visible gray smoke of a shade equal to
No. 2 on said chart may be emitted for four minutes in any 30 minutes.
These provisions applicable to visible gray smoke shall also apply
to visible smoke of a different color but with an apparently equivalent
opacity.
(5)
Odors. No emission shall be permitted of odorous gases or other
odorous matter in such quantities as to be readily detectable at the
property line.
(6)
Fly ash, dust, fumes, vapors, gases and other forms of air pollution.
No emission shall be permitted which can cause any damage to health,
animals, vegetation or other forms of property or which can cause
any excessive soiling at any point on the property of others.
(7)
Electromagnetic radiation. The following standards shall apply:
It shall be unlawful to operate or cause to be operated any planned
or intentional sources of electromagnetic radiation which do not comply
with the current regulations of the Federal Communications Commission
regarding such sources of electromagnetic radiation, except that for
all governmental communications facilities, governmental agencies
and government owned plants, the regulations of the Interdepartment
Radio Advisory Committee shall take precedence over the regulations
of the Federal Communications Commission regarding such sources of
electromagnetic radiation. Further, said operation in compliance with
the Federal Communications Commission or the Interdepartment Radio
Advisory Committee regulation shall be unlawful if such radiation
causes an abnormal degradation in performance of other electromagnetic
radiators or electromagnetic receptors of quality and proper design
because of proximity, primary field, blanketing, reradiation, harmonic
content, modulation or energy conducted by power or telephone lines.
The determination of abnormal degradation in performance and of quality
and proper design shall be made in accordance with good engineering
practices as defined in the latest principles and standards of the
American Institute of Electrical Engineers, the Institute of Radio
Engineers and the Electronic Industries Association.
(8)
Radioactive radiation. No activities shall be permitted which
emit dangerous radioactivity at any point beyond the property line.
The handling of radioactive materials, the discharge of such materials
into air and water and the disposal of radioactive wastes shall be
in conformance with the regulations of the Nuclear Regulatory Commission,
as amended, and all applicable regulations of the State of New York.
(9)
Heat. For the purpose of this chapter, "heat" is defined as
thermal energy of a radioactive, conductive or convective nature.
Heat emitted at any or all points shall not at any time cause a temperature
increase on any adjacent property in excess of 10° F., whether
such change is in the air or the ground, in a natural stream or lake
or in any structure on such adjacent property.
(10)
No direct or sky-reflected glare. No glare shall be permitted,
whether from floodlights or from high temperature processes, such
as combustion or welding or otherwise.
(11)
Liquid or solid wastes. No discharge shall be permitted at any
point into any public sewer, private sewage disposal system or stream
or into the ground, except in accord with standards approved by the
State Departments of Health and Environmental Conservation, of any
materials of such nature or temperature as can contaminate any water
supply or otherwise cause the emission of dangerous or offensive elements.
There shall be no accumulation of solid wastes conducive to the breeding
of rodents, insects or other vermin.
C.
(Reserved for site and building design guidelines and standards).
