A.
Wetlands and watercourses in lot area calculations. In computing
minimum lot area for new lots pursuant to the Dimensional Table,[1] the area of wetlands and watercourses, as determined by
the Wetlands Inspector or Natural Resources Review Officer, shall
not be counted for more than 25% of the minimum required lot area.
[1]
Editor's Note: The Dimensional Table is included as an attachment
to this chapter.
B.
Corner lots and through lots. Wherever a side or rear yard is adjacent
to a street, the front setback shall apply to such side or rear yard.
Corner lots shall be deemed to have two front yards, two side yards,
and no rear yard.
C.
D.
Driveways. Driveways on lots with 100 feet or more of road frontage
shall be set back at least 10 feet from side lot lines, except that
common driveways may occupy any part of a side yard adjoining the
lot of another user of the common driveway. On lots with less than
100 feet of frontage, no side yard setback shall be required for driveways.
E.
Height exceptions.
(1)
The height limitations in the Dimensional Table[2] shall not apply to any flag pole, radio or television
receiving antenna, spire or cupola, chimney, elevator or stair bulkhead,
parapet or railing, water tank, or any similar nonhabitable structure,
provided that such structure is firmly attached to the roof or side
of a building and covers no more than 10% of the roof area. Such structures
shall be limited to the minimum height and area necessary to accomplish
their intended purposes and shall not cause the building height to
exceed 55 feet except for spires associated with religious institutions.
Such structures shall not be accessible to any person for purposes
other than the repair and maintenance thereof.
[2]
Editor's Note: The Dimensional Table is included as an attachment
to this chapter.
(2)
Solar energy facilities and communications towers may exceed the height limits in the Dimensional Table, provided that they comply with applicable sections of this Article VII. Vegetation planted on green roofs may also exceed height limits. Wind energy conversion systems may not exceed height limits in the Dimensional Table. Any solar energy facility or wind energy conversion system that is used to generate electricity primarily for off-site consumption shall require a special permit from the Zoning Board of Appeals.
[Amended 1-28-2015 by L.L. No. 1-2015]
F.
Setback exceptions.
(1)
Any accessory structure attached to a principal building, and any
detached barn, garage, stable, tennis court, or swimming pool shall
comply with the minimum setback requirements of this chapter applicable
to the principal building. Other detached accessory structures or
uses may encroach into required setback areas provided that they:
(a)
Are not used for human habitation;
(b)
Have a footprint no larger than 150 square feet;
(c)
Do not exceed 16 feet in building height;
(d)
Do not occupy more than 10% of a rear setback area;
(e)
Are set back at least 10 feet from side or rear lot lines;
(f)
Are not located closer to the street than the front yard setback
required for a principal building, except for fences, gates, mailboxes,
newspaper receptacles, signs, sand storage bins, bus shelters, and
similar roadside structures with less than 100 square feet of footprint,
as well as ornamental structures such as entry pillars and statues;
(g)
Are not used for housing animals.
(2)
For corner lots, the setback from all streets shall be the same for
accessory structures as for principal buildings.
(3)
For watercourse setbacks within the WSO District, see § 175-14D(10).
(4)
Signs shall be subject to the minimum setback requirements for buildings,
except that one freestanding sign shall be permitted to have a minimum
front setback of 10 feet. For nonresidential uses, signs that are
closer to the street line than the required front building setback
shall not be more than four feet in height, 24 square feet in area,
and six feet in any dimension.
(5)
No setback is required from a railroad right-of-way or an established
pierhead line along the Hudson River.
(6)
The minimum front setback for a building not exceeding 300 square
feet in floor area and a height of 15 feet and used solely as a guardhouse,
gatehouse, or security building shall be 10 feet.
G.
Setbacks involving irregular buildings and lot lines. Where structures
or lot lines are irregular or unusual in configuration, all points
on the structure shall satisfy the minimum setback requirements from
that point on the lot line which is the shortest distance from the
structure.
H.
Fences and walls.
(1)
The setback requirements of this chapter shall not apply to retaining
walls of any height or to fences less than six feet high in any side
or rear yard, except where corner clearances are required for traffic
safety.
(2)
The setback requirements of this chapter shall not apply to any front
yard fences or walls less than four feet high, except that customary
agricultural wire, board, or split-rail fencing which does not obstruct
visibility may be higher.
J.
Center line of U.S. Route 9. The center line of U.S. Route 9 is a
line established by the New York Department of Transportation for
the purposes of highway design. (It is noted that this line was intended
by the New York Department of Transportation to be along the center
of the travelway or pavement as originally constructed.) Where that
center line is not so determined, an alternative setback measurement
may be made from either a line along the center of the travelway or
from a line that is as near to the mean distance between the right-of-way
lines as practicable without field survey, whichever results in the
greater setback. The alternative setback measurement shall be made
at the time of approval of a site plan or grant of a special permit
and otherwise by the Zoning Administrative Officer at the time of
approval of an application for a certificate of occupancy.
K.
Access to Route 9 lots. Nonresidential uses with frontage on both
U.S. Route 9 and another road shall be accessed from Route 9, unless
such access is not feasible or safe, as determined by the New York
State Department of Transportation.
L.
Minimum buildable area. In addition to any applicable requirements of Chapter 85 of the Town Code, Environmentally Sensitive Lands, any residential structure, residential accessory structure, or nonresidential structure exceeding 500 square feet in floor area shall be built within a "buildable area" as defined in Chapter 85.
The following principles are recommended for consideration in
the siting of buildings and site improvements in all districts other
than the HM and HR Districts. These are in addition to and are not
intended to replace or supersede more specific or more restrictive
provisions in this chapter.
A.
Wherever feasible, retain and reuse existing old farm roads and lanes
rather than constructing new roads or driveways. This minimizes clearing
and disruption of the landscape and takes advantage of the attractive
way that old lanes are often lined with trees and stone walls. (This
is not appropriate where reuse of a road would require widening in
a manner that destroys trees or stone walls.)
B.
Preserve stone walls and hedgerows. These traditional landscape features
define outdoor areas in a natural way and create corridors useful
for wildlife. Using these features as property lines is often appropriate,
as long as setback requirements do not result in constructing buildings
in the middle of fields.
C.
Avoid placing buildings in the middle of open fields. Place them
either at the edges of fields or in wooded areas. Septic systems and
leach fields may be located in fields, however.
D.
Use existing vegetation and topography to buffer and screen new buildings
if possible, unless they are designed and located close to the road
in the manner historically found in the Town. Group buildings in clusters
or tuck them behind tree lines or knolls rather than spreading them
out across the landscape in a "sprawl" pattern.
E.
Minimize clearing of vegetation along roads and driveways, clearing
only as much as is necessary to create driveway entrances with adequate
sight distance. Use curves in the driveway to increase the screening
of buildings.
F.
Site buildings so that they do not protrude above treetops and crest lines of hills as seen from public places and roads. Use vegetation as a backdrop to reduce the prominence of the structure. Wherever possible, any opening up of views should be by selective cutting of small trees and pruning lower branches of large trees, rather than by clearing large areas or removing mature trees. More specific preservation measures for ridgelines and hillsides are contained in § 175-36.
G.
Minimize crossing of steep slopes with roads and driveways. When
building on slopes, take advantage of the topography by building multilevel
structures with entrances on more than one level (e.g., walkout basements,
garages under buildings), rather than grading the entire site flat.
Use the flattest portions of the site for subsurface sewage disposal
systems and parking areas.
A.
Sanitary disposal. No person shall construct any structure in the
Town without meeting applicable requirements of the Town, the Putnam
County and New York State Departments of Health, the New York State
Department of Environmental Conservation, and other governmental authorities
that regulate water supply and sewage disposal systems. Issuance of
a certificate of occupancy shall be subject to sanitary system inspection
and certification by the Putnam County Department of Health, and compliance
with all conditions imposed by any other governmental authority.
B.
Water supply. The Planning Board may require an applicant for any subdivision, special permit, or site plan approval to provide evidence of water availability, and may require test wells and professional hydrological studies sufficient to establish that a proposed development will have adequate supplies of potable water and will not adversely affect any aquifer resource or the supply or quality of drinking water in the surrounding area. (See § 175-16.)
A.
Excavation, filling, and grading necessary for the construction of
a structure for which a building permit has been issued shall be permitted,
provided that it does not change the runoff characteristics of the
property or otherwise adversely affect natural drainage or structural
safety of buildings or lands, cause erosion or sedimentation, or create
any noxious conditions or hazard to public health or safety.
B.
In the event that construction of a structure is stopped prior to
completion and the building permit expires, the premises shall be
promptly cleared of any rubbish or building materials by the property
owner, and any open excavation with a depth greater than two feet
below existing grade shall either be promptly filled in and the topsoil
replaced, or shall be entirely surrounded by a fence at least six
feet high that will effectively block access to the area of the excavation.
C.
The Planning Board may, in connection with a major project site plan,
require an applicant to furnish an irrevocable letter of credit, certified
check, or other form of security to guarantee reclamation of areas
to be excavated or graded if a project is abandoned. Such security
shall be for an amount reasonably related to the potential cost of
such reclamation, and shall be in a form deemed acceptable by the
Town Attorney.
E.
No excavation, filling, or grading and no clearcutting of 2,000 square
feet or more in preparation for site development shall be undertaken
prior to the grant of any special permit, site plan, or subdivision
approval required for such development.
F.
Excavation, clear cutting, or grading of any area exceeding 2,000 square feet and/or filling with more than 100 cubic yards of material shall require a permit from the Natural Resources Review Officer, unless such excavation, grading, filling, or clear cutting is performed pursuant to an approved site plan, special permit, subdivision plat, building permit, or timber harvesting plan, or as a normal and customary activity conducted in conjunction with a farm operation (as defined in Article XII). The Natural Resources Review Officer shall not issue a permit for such activities unless the applicant has demonstrated that the activities will not alter the runoff characteristics of the property or otherwise adversely affect natural drainage or structural safety of buildings or lands, cause erosion or sedimentation, or create any noxious conditions or hazard to public health or safety. Any land disturbance involving more than 20,000 square feet of land that is not performed in connection with an approved building permit, special permit, or site plan, shall require plan approval from the Conservation Board using the procedures provided for in § 93-9 of the Town Code for wetlands permit plan review.
[Amended 10-3-2013 by L.L. No. 6-2013]
G.
Excavation and grading activities shall comply with applicable requirements
for erosion and sediment control in the Town Code.
H.
No person, firm or corporation shall strip, excavate or otherwise
remove topsoil for sale, or for use other than on the premises from
which it is taken, except in connection with the construction or alteration
of a building on such premises and excavation or grading incidental
thereto.
I.
The excavation or grading on any lot, or removal from any lot, of
earth, loam, topsoil, sand, gravel, clay or stone are permitted when
conducted in accordance with the standards and requirements specified
below. All other excavation, grading or removal activities shall be
deemed to be mining activities and shall be allowed only within the
Soil Mining Overlay District.
(1)
Operations in connection with construction of improvements, changing of contours and grading of lots in an approved subdivision plat in accordance with final plat maps, construction plans and grading plans approved by the Philipstown Planning Board under Chapter 112, Land Development.
(2)
Operations in connection with bona fide construction or alteration of buildings, structures, off-street parking and loading areas, access, outside storage areas, landscaping and other site development in accordance with a site plan for particular uses and approved by the Philipstown Planning Board, Board of Appeals or Town Board, as the case may be, under Article IX of this chapter.
(3)
Operations reasonably necessary in connection with bona fide agricultural
pursuits (production of crops, livestock and livestock products, aquacultural
products and woodland products as defined in § 301 of the
New York Agriculture and Markets Law), provided that no earth materials
are removed from the tract or tracts that constitute the farm unit.
(4)
Operations reasonably necessary in connection with the bona fide
construction or alteration of a building or structure, and access,
parking spaces, structures or facilities accessory thereto and landscaping
therefor, for a use permitted in a district as of right, and for which
any required building permit has been issued and an application for
a certificate of occupancy has been approved, provided that no more
than 1,000 cubic yards of earth materials are removed from the lot
for which the building permit has been issued and application for
certificate of occupancy has been approved.
(5)
Bona fide landscaping operations, provided that:
(a)
Not more than 1,000 cubic yards of earth materials are removed
from the lot where the landscaping operation is being conducted.
(b)
The excavation, grading or removal conforms to all of the operations standards set forth in § 175-17.2D(3) through (8).
(c)
When the landscaping operation involves removal of more than
250 cubic yards from the lot, written notice of intent to conduct
such operation has been given to the Code Enforcement Officer together
with topographic survey, prepared by and bearing the seal of a land
surveyor or engineer licensed to practice in the State of New York,
showing the location and limits of the proposed operation on the lot
and existing contour lines in the operations area and proposed contour
lines resulting from the operation, such survey to be drawn to a scale
of not less than 100 feet equals one inch and with a contour interval
not to exceed two feet.
(6)
In addition to the above, the excavation, grading, or removal, in
any calendar year, of not more than 100 cubic yards of earth material
from each separate 40,000 square feet of lot area.
J.
Permitted operations specified in § 175-34I(1) and (2) shall be conducted in accordance with plans approved by the Philipstown Planning Board, Board of Appeals and/or Town Board as specified above. For permitted operations specified in § 175-34I(4), (5) and (6) where the excavation, grading or removal results in disturbed area of 1/2 acre or more or affects a drainage system or regulated wetland or watercourse or may cause drainage flow onto adjoining streets or property, measures for soil erosion and sediment control shall be installed, maintained and completed in accordance with the October 1991 edition of "Guidelines for Urban Erosion & Sediment Control," published by the USDA — Soil Conservation Service, a copy of which is on file in the office of the Town Clerk of the Town of Philipstown.
K.
Any land disturbance which violates this § 175-34 shall be remedied by restoring the land to its condition prior to the violation by order of the Zoning Administrative Officer. A land disturbance committed in violation of this chapter shall preclude the issuance of any type of permit for development of the parcel on which such violation occurs for a period of one year from the date the Zoning Administrative Officer determines that disturbance has been remedied.
See Chapter 93 of the Town Code, entitled "Freshwater Wetlands and Watercourses."
A.
Purpose and applicability. The purpose of this section is to identify, protect, and provide for the proper management of steep terrain, ridgelines, and hillsides. This section shall apply throughout the Town, in all zoning districts, and to all uses that involve land disturbance, including all land use permitting decisions under this chapter as well as under Chapter 112, Land Development, and other Town of Philipstown land use laws and regulations. The exact locations of slopes, ridgelines, ridgeline protection areas, and hillside protection areas shall be based upon site-specific field-surveyed topography.
B.
Slope restrictions.
(1)
Except as provided in Subsection B(7) below, on slopes of 20% or greater, land disturbance shall be restricted to only those areas clearly needed for the following:
(a)
Streets and highways shown on a plat approved under Chapter 112 and proposed for acceptance by the Town of Philipstown.
(b)
Open development area private rights-of-way or easements of access shown on a plat approved under Chapter 112.
(c)
Motor vehicle driveways running from the principal building
site area to the street providing access to the lot.
(d)
Footpaths and essential utility corridors.
(e)
Boat launch access driveways.
(2)
On slopes greater than 35%, and within steep terrain wetland/watercourse transition areas, land disturbance shall be further restricted to only those areas clearly needed for footpaths, essential utility corridors, and for soil mining and timber harvesting as permitted by Subsection B(3) below.
(3)
On any slope of 20% or greater (including slopes greater than 35%),
land disturbance also may occur in connection with permitted soil
mining or timber harvesting operations conducted in a manner that
avoids adverse effects of land disturbance on such slopes and provides
for appropriate site restoration.
(4)
Activities, uses, and construction which involve land disturbance on slopes 20% or greater and within steep terrain wetland/watercourse transition areas and which are subject to authorization or approval under this Chapter 175 and Chapter 112 shall be referred to the Philipstown Conservation Advisory Council/Conservation Board for review and advice with regard to the effects of the land disturbance, alternatives for development, and mitigation measures consistent with the purpose of this chapter.
(6)
Slopes shall be measured by utilizing two-foot contours, which can
contain a rectangle on a horizontal plane having a length of 50 feet
and a width of 25 feet, and exclusive of areas which cannot contain
such rectangle.
(7)
The Planning Board may grant a special permit allowing the disturbance of slopes of 20% or greater for a purpose other than those listed in Subsection B(1) above, provided that the Board makes a written finding that the proposed development would involve less land disturbance and have less overall impact on soils, vegetation, scenic views, and water resources than would development in compliance with Subsection B(1) of this section. An example of proper application of this Subsection B(7) would be to allow building on a site which has a slope exceeding 20% but which is at a relatively low elevation on a property and requires a short access driveway, as compared to a less steep site located at a higher elevation accessed by a longer driveway crossing slopes exceeding 20%. The latter may have a greater impact on the hillside both because of locating the building at a higher elevation and because the longer driveway across steep slopes would involve more land disturbance.
C.
Ridgeline and hillside protection. The purpose of this Subsection C is to maintain the scenic beauty and rural character of the Town by minimizing visual intrusions into the landscape and preserving the important aesthetic, scenic, and ecological character of the Town's ridgelines and adjacent hillsides. The Town of Philipstown Resource Protection Zoning Map, Scenic Ridgelines[1] designates significant ridgelines for protection.
[Amended 9-7-2011 by L.L. No. 4-2011]
(1)
Designation of ridgeline and hillside protection area. The ridgeline
and hillside protection area shall consist of all land lying 50 feet
downslope, measured vertically, below a ridgeline indicated on the
Zoning Map.
(2)
Review of development within protection area. Within the ridgeline and hillside protection area, any structure containing 500 square feet or more of floor area or that is more than 20 feet in height, and any land disturbance (as defined herein) of 2,000 square feet or more, shall be subject to site plan review. Structures built within the ridgeline and hillside protection area shall be no more than 30 feet in height, notwithstanding the provisions of § 175-30E, and shall not project above such ridgeline when viewed from any publicly accessible place. Vegetative screening of new structures shall be required as necessary to minimize visibility from publicly accessible places, consistent with the limitations in Subsection C(3) below. The Planning Board may, but shall not be required to, waive this site plan review requirement if it finds that the proposed development site is not visible from any publicly accessible place.
(3)
Notwithstanding any other provision in this chapter, landowners shall not be required to plant vegetative screening and shall be permitted to cut, clear, or remove vegetation on their property to the extent necessary to keep and maintain views that existed on May 5, 2011, the date of original adoption of this § 175-36.
[1]
Editor's Note: Said map is included at the end of this chapter.
A.
Agricultural buffers. Wherever residential uses are established abutting an existing agricultural use, the applicant for the residential use shall provide buffers to reduce its exposure to odors, noise, and other potential nuisances associated with the agricultural operation. Such buffers may consist of vegetative screening, woodlands, vegetated berms, or natural topographic features. This provision shall not apply to building on individual residential lots in existence prior to the adoption of this § 175-37 (May 5, 2011).
B.
Required disclosure. In the case of any proposed residential development
that abuts agricultural uses, the Planning Board shall require the
applicant to issue a disclosure to potential purchasers of lots or
dwelling units as follows: "This property adjoins land used for agricultural
purposes. Farmers have the right to apply approved chemical and organic
fertilizers, pesticides, and herbicides, and to engage in farm practices
which may generate dust, odor, smoke, noise, and vibration." This
disclosure shall be required as a note on a subdivision plat or site
plan, and may also be required to be made through other means reasonably
calculated to inform a prospective purchaser, such as by posting,
distribution of handbills, inclusion in an offering plan or real estate
listing information sheet, or letter of notification. This section
may also be applied to any commercial development at the discretion
of the Planning Board.
C.
Agricultural data statement. Any application for a special permit, site plan approval, use variance, or subdivision approval requiring municipal review and approval by the Town Board, Planning Board, or Zoning Board of Appeals that would occur on property within an agricultural district containing a farm operation, or on property with boundaries within 500 feet of a farm operation located in an agricultural district, shall include an agricultural data statement as defined in § 175-74. The reviewing board shall evaluate and consider the agricultural data statement in its review of the possible impacts of the proposed project upon the functioning of farm operations within the agricultural district.
E.
Agricultural zoning exemptions. Within an agricultural district as
defined in Article 25-AA of the New York State Agriculture and Markets
Law, adopted by the county and certified by the state, the following
exemptions from provisions of this Zoning Law shall apply to land
and buildings on farm operations:
(1)
There shall be no height limits on agricultural structures, including but not limited to barns, silos, grain bins, and fences, as well as equipment related to such structures, as long as they are being used in a manner that is part of the farm operation. The fencing restrictions in § 175-15I shall not apply.
(2)
Lot line setback restrictions on agricultural structures shall be
30 feet from all property lines, except that setbacks from lots that
are either not within the agricultural district or lots that have
existing residential uses shall meet generally applicable setback
requirements of this chapter. Agricultural structures containing animals,
animal feed, or animal waste shall be set back at least 150 feet from
watercourses and from lots that have existing residential uses, whether
or not such residential lots are within an agricultural district.
This setback requirement shall not apply to preexisting nonconforming
structures.
A.
Off-street parking.
(1)
Purpose. The Town finds that large and highly visible parking areas
represent one of the most objectionable aspects of commercial development.
Such parking lots damage the historic layout and architectural fabric
of hamlet areas, harm the natural environment and visual character
of the community, interfere with pedestrian safety and accessibility,
and reduce the quality of life in developed areas. However, the Town
also recognizes that inadequate parking can diminish quality of life
by creating traffic congestion, safety hazards, and inconvenience.
The Town therefore seeks to balance the need for adequate parking
with the need to minimize harm resulting from the provision of parking,
and to avoid the negative impacts of excessive parking lot construction.
(2)
Minimum parking required for residential uses.
(a)
For single-family or two-family dwelling: two spaces per dwelling
unit.
(b)
For multifamily dwelling: 1 1/2 spaces per dwelling unit.
(c)
These requirements may be reduced for dwelling units with less
than 1,000 square feet of floor space, senior citizen housing, mixed-use
development, or other appropriate circumstances if the Planning Board
determines that such reductions are warranted.
(3)
Parking requirements for nonresidential uses. The number and layout of parking spaces for nonresidential uses shall be based on the need to protect public safety and convenience while minimizing harm to the character of the community and to environmental, historic, and scenic resources. Since nonresidential uses vary widely in their need for off-street parking, parking requirements shall be based on the specific operational characteristics of the proposed uses. The provisional parking standards in Subsection A(3)(a) below shall be applied and may be varied by the Planning Board according to the criteria in Subsection A(3)(b) below.
(a)
Provisional parking standards.
[1]
Retail or service business uses: four spaces per 1,000 square
feet of enclosed floor space, excluding space used for storage.
[2]
Industrial/warehouse uses: one space per 1,000 square feet of
enclosed floor space.
[3]
Office uses: three spaces per 1,000 square feet of floor space.
[4]
Lodging facility: one space for each bedroom plus one space
for each nonresident employee and one space for every 200 square feet
of floor space for meetings and functions.
[5]
Restaurants, theaters, and other places of public assembly:
one space for every three seats.
[6]
Uses not listed above. As appropriate to the circumstances.
(b)
Criteria for applying provisional standards. In applying or
modifying the provisional parking standards for any proposed use,
the Planning Board shall consider:
[1]
The maximum number of vehicles that would actually be parked
at the use at times of peak usage. Parking spaces shall be sufficient
to satisfy 85% of the anticipated peak demand. The likelihood of people
walking, bicycling, or carpooling to the proposed use shall be taken
into consideration.
[2]
The size of the structure(s) and the site.
[3]
The environmental, scenic, or historic sensitivity of the site
(including applicable limitations on impervious surfaces). In cases
where sufficient area for parking cannot be created on the site without
disturbance to these resource values, the Planning Board may require
a reduction in the size of the structure so that the available parking
will be sufficient.
[4]
The availability of safely usable on-street parking.
[5]
The availability of off-site off-street parking within 400 feet
that is open to the public, owned or controlled by the applicant,
or available on a shared-use basis, provided that the applicant dedicates
such off-site land for public parking or demonstrates a legal right
to shared use.
[6]
The requirements for parking for the disabled as prescribed
by the Americans with Disabilities Act.
(c)
Set-aside for future parking. The Planning Board may, as a condition
of reducing the provisional parking standards, require an applicant
to set aside land to meet potential future parking needs. Such land
may remain in its natural state or be attractively landscaped, but
may not be used in a manner that would prevent it from being developed
for parking in the future.
(d)
Parking lot as accessory use to residential dwelling. Parking
spaces may be made available for nonresidential uses on residential
lots in the HM District by special permit. Such spaces shall be screened
from adjoining properties and roads, and shall not exceed five spaces
per lot.
(4)
Design, layout, and construction of parking areas for nonresidential
and multifamily residential uses.
(a)
Location and screening.
[1]
All off-street parking shall be located behind or to the side of the principal building, except as provided in Subsection A(4)(a)[2] and [3] below. The Planning Board may modify or waive this requirement on lots that are located in the OC, M, and HC Districts only, where unusual lot configurations such as corner lots or through lots make compliance with this requirement impractical or impossible, where parking visible from the road is a commercial necessity for the business, or where most surrounding development has parking in front of buildings, provided that the applicant mitigates the visual impacts of such parking areas using appropriate landscaped buffers. Parking spaces located in a side yard shall, if possible, be screened from public view. Adjoining parking areas shall be connected directly to one another or to a service road or alley wherever feasible to reduce turning movements onto roads.
[2]
Within any district, parking may be located anywhere on the
site if it is screened from public roads and adjoining properties,
or if it is part of a commercial or institutional development which
is not visible from any public road, public recreation area, public
building, or residential property.
[3]
Within the HC and OC Districts, a maximum of one row of on-site
parallel, perpendicular, or diagonal parking may be located in front
of the principal building, but not within the required front yard.
If parking spaces are located in front of the principal building,
a minimum of 20 feet of the front setback area shall be planted with
alternating double rows of trees or, if wooded, left in its natural
state. This tree-planting requirement may be modified or waived where
parking visible from the road is a commercial necessity for the business.
[4]
If a parking lot containing 10 or more spaces lies within or
borders the SR, RC, or RR Districts, a buffer zone at least 50 feet
wide shall be planted with trees or dense vegetation to provide screening
along all boundary lines, unless the adjoining properties are in the
HC, OC, or M Districts or contain a nonresidential use.
(b)
Construction of parking areas. Parking areas shall be surfaced
with a suitable durable surface appropriate for the use of the land,
with adequate drainage. Surfacing, grading, and drainage shall facilitate
groundwater recharge by minimizing impervious pavement and runoff.
Overflow or peak period parking surfaces shall be permeable. Oil traps
may be required for larger paved parking lots. Parking areas shall
comply with all applicable requirements of the Americans with Disabilities
Act.
(c)
Landscaping. Parking areas shall be landscaped in compliance with § 175-65D(2).
(e)
Nonconforming parking lots shall be brought into conformity
with this Subsection (A)(4) to the extent practicable whenever a site
plan or special permit application is filed for an expansion or change
of the use.
B.
Off-street loading.
(1)
General requirement. Loading docks and service access areas shall
be located in a manner that minimizes visual intrusion on public spaces
and ensures pedestrian and automobile safety by separating truck traffic
and loading operations from pedestrian and automobile circulation.
Where appropriate, loading docks shall be screened by walls extending
from a building face or placed within arcades or other architectural
features designed to blend them with the architecture of the building.
Adjacent buildings shall be sited to allow shared access to loading
docks through the use of common loading zones or service alleys.
(2)
Exception for Hamlet Mixed-Use District. The need to maintain the traditional layout and historic character of the Town's hamlets may preclude the establishment of modern loading facilities in some older buildings in the HM District. In such situations, the requirements of Subsection B(1) above shall not apply and on-street loading shall be permitted.
A.
Purpose. The purpose of this section is to control the location,
size, quantity, character, and lighting of signs in order to maintain
the attractive appearance of the Town and avoid conditions of clutter
and unsightliness. Through these regulations the Town seeks to:
(1)
Protect public health and safety by ensuring that signs do not create
dangerous conditions, obstruct vision necessary for traffic safety,
or confuse, distract, or mislead motorists, bicyclists, or pedestrians;
and
(2)
Promote the general welfare by creating a more attractive visual
environment that preserves the Town's historic and rural character,
protects property values, encourages economic growth, enables businesses
and other establishments to identify themselves, and minimizes negative
impacts of signs on adjoining properties.
B.
Exempt signs. The following types of signs may be erected and maintained without zoning permits, board review, or fees, provided that these signs comply with the general regulations in § 175-39D and with all other requirements of this chapter. As used in this Subsection B, the term "residential uses" shall include mixed-use lots on which at least 50% of the floor space is residential.
(1)
Permanent signs.
(a)
Signs not exceeding one square foot in area and bearing only
property numbers, postal route box numbers, or names of occupants
of premises.
(b)
One sign, not exceeding 32 square feet in area, designating
a farm.
(c)
Flags and insignia of any government, except when displayed
in connection with commercial promotion.
(d)
Noncommercial information signs. Signs providing noncommercial
information to the public, including community service information
signs, public utility information signs, safety signs, danger signs,
no trespassing signs, signs indicating scenic or historic points of
interest, traffic control signs, directional parking signs, and all
signs erected by a public officer in the performance of a public duty.
(e)
One on-premises sign, either freestanding or attached, in connection
with any residential building, for permitted home occupations, not
exceeding three square feet and set back at least 10 feet from the
traveled way or at the right-of-way, whichever is greater. Such signs
shall not be illuminated.
(2)
Temporary signs.
(a)
Temporary nonilluminated "for sale" or "for rent" real estate
signs and signs of similar nature concerning the premises upon which
the sign is located. For residential uses, one sign per lot, not exceeding
six square feet on each side. For nonresidential uses, one sign per
lot, not exceeding 12 square feet, set back at least 15 feet from
all property lines. All such signs shall be removed within 10 days
after closing of the sale, lease, or rental of the premises.
(b)
Temporary nonilluminated window signs and posters not exceeding
25% of each window surface. (Such signs are normally used to advertise
specific products or sales and are removed or replaced on a regular
basis.)
(c)
Two temporary signs for a roadside stand selling agricultural
produce grown on the premises in season, provided that such signs
do not exceed 32 square feet each, are set back at least five feet
from the public right-of-way, and are removed at the end of the selling
season.
(d)
On-premises signs for garage sales and auctions, not exceeding
four square feet, for a period not exceeding seven days.
(e)
Posters, banners, and signs, not exceeding six square feet on
residential uses or 16 square feet on nonresidential uses, for a period
not exceeding 60 days in any six-month period.
(f)
One sign, not exceeding six square feet on residential uses
or 16 square feet on nonresidential uses, listing the architect, engineer,
contractor, and/or owner, on premises where construction, renovation,
or repair is in progress, limited to the duration of the construction
period.
(g)
Signs, portable or otherwise, advertising special events for
nonprofit organizations, such as firemen's field days, church bazaars,
bake sales, etc. Such signs shall not exceed 24 square feet in area
and shall not be displayed for more than 30 days.
(h)
Signs required to be posted in connection with hearings on development applications, as provided in § 175-62F(3).
(i)
Signs marking areas of highway or utility construction, repair,
or maintenance.
C.
Prohibited signs.
(1)
No off-premises commercial signs shall be allowed, except that signs
not exceeding four square feet directing the public to specific establishments
may be allowed with site plan approval by the Planning Board.
(2)
No exterior sign shall be illuminated internally, and no sign shall
contain flashing, intermittent, rotating, or moving lights, except
that one neon sign not exceeding three square feet may be allowed
inside the window of a business establishment.
(3)
Portable signs that are mounted on wheels, including unregistered
motor vehicles or unregistered trailers parked in one location for
more than 30 days in any calendar year and functioning primarily as
signs, shall be prohibited.
(4)
No permanent sign or any part thereof shall contain or consist of
any moving, rotating, or revolving device.
D.
General sign regulations. All signs that are not prohibited by Subsection C above are regulated by this section. Signs that are not exempt under Subsection B shall require building permits. However, if signs are proposed in connection with any special permit or site plan application, such signs shall be reviewed and approved under applicable criteria for the principal uses and shall not require a separate building permit if constructed pursuant to an approved plan.
(1)
Permit applications. Applications for new signs or proposed changes
in existing signs shall include a scaled drawing showing the type
of lettering, sign dimensions, colors, materials, and method of illumination,
if any, and a plan showing the location of the sign on the building
or property. A building permit shall be required for any change in
the size, shape, lighting, materials, or location of an existing sign.
No building permit shall be required if only the words or images on
the sign are changed.
(2)
Location and maintenance.
(a)
Signs shall be erected, constructed, and maintained in a manner
that does not obstruct traffic movement or visibility or cause any
hazard to public safety.
(b)
No signs shall be placed, painted, or drawn on utility poles,
bridges, culverts, or other road or utility structures or signposts,
or on trees, rocks, or other natural features, except that signs not
exceeding one square foot posting property may be placed on trees.
No signs shall be placed on municipally owned property without permission
of the Town Board.
(c)
All signs shall be kept in good repair. Painted surfaces shall
be kept neatly painted at all times.
(d)
Signs shall be subject to the minimum setback requirements for
buildings, except that on any lot, one freestanding sign shall be
permitted to have a minimum front setback of 10 feet from the street
line. For nonresidential uses, signs that are closer to the street
line than the required front building setback shall not be more than
four feet in height, 24 square feet in area, and six feet in any dimension.
(3)
Sign area and height.
(a)
Freestanding signs. Individual freestanding signs shall not
exceed 16 square feet in area nor 10 feet in height above finished
grade level. Freestanding signs that are grouped together on one sign
structure shall not exceed a cumulative total of 50 square feet per
structure, and the individual components of such groupings shall be
large enough to be read safely by passing motorists traveling at the
speed limit.
(b)
Projecting signs. Projecting signs shall not exceed 12 square
feet in area and shall not project more than four feet from the side
of the building. The bottom of such signs shall be no nearer to the
ground than 10 feet and no higher than 15 feet above the finished
grade.
(c)
Wall-mounted signs. Wall-mounted signs shall not exceed 32 square
feet, extend more than one foot from the surface of the wall, cover
more than 10% of the front surface of a building, cover a window,
obscure architectural detailing, interrupt a roofline, or be placed
on the roof of a structure.
(d)
Window signs. Signs placed in windows shall not cover more than
25% of the window area.
(e)
Awning signs. The valance portion of an awning may be used as
a sign, with a maximum of 12 square feet of sign area. The bottom
of the awning shall be at least eight feet above the finished grade.
(f)
Sign area bonuses. To encourage design excellence, the maximum
sizes for individual signs specified above may be increased if the
criteria below are satisfied. Sign bonuses shall not apply to exempt
signs or to freestanding signs that exceed six feet in height. Although
a separate increase is granted for compliance with each of the criteria
and the total is cumulative, each percentage increase is based on
the original sign size limitation. Maximum sign sizes shall be allowed
to increase as follows:
[1]
Fifteen percent when the sign is made of wood.
[2]
Fifteen percent if the sign is designed to contain only the
identification of the establishment without advertising any products
sold on the premises.
[3]
Twenty percent if the sign is the only sign identifying the
establishment or its principal product.
[4]
Twenty percent if the sign is not designed or used with illumination.
[5]
Thirty percent if the Planning Board finds that the sign has special aesthetic merit or that additional size is necessary or appropriate due to such circumstances as the sign's distance from the road, the design speed of the road, or the size of the building on which the sign is placed. In order to take advantage of this Subsection D(3)(f)[5], an applicant not otherwise subject to site plan or special permit review may file a site plan application with the Planning Board. The content and review of such application shall be limited to consideration of signs.
(g)
Maximum cumulative sign area per lot. The maximum amount of
total sign area per lot shall be one square foot of total sign area
for every two linear feet of lot frontage on a public street.
(h)
Maximum area per sign. Notwithstanding any provision of this
section to the contrary, no sign or grouping of signs shall be greater
than 100 square feet in size.
(4)
Illumination. No illuminated sign or lighting device shall be placed
or directed so that its light is directed or beamed:
(5)
Sign design manual. The Town Board may adopt a sign design manual
developed specifically for the Town of Philipstown or published for
the general public or for another municipality. If such a sign design
manual is adopted, it shall be incorporated by reference into this
chapter.
E.
Removal of signs.
(1)
Signs advertising an establishment or institution that has permanently
closed shall be removed within one month of such closure.
(2)
The Zoning Administrative Officer shall notify in writing the owner
of any sign which no longer serves the purpose for which it was erected,
or which poses a safety hazard to the public or is otherwise in violation
of this section. The Zoning Administrative Officer shall order such
owner to remove or correct the unsatisfactory condition of such sign
within 20 days from the date of such notice.
(3)
Upon failure to comply with such notice within the prescribed time,
the Zoning Administrative Officer is hereby authorized to secure,
repair, remove, or cause the removal of such sign. All costs of securing,
repairing, or removing such sign, including related legal fees and
expenses, shall be assessed against the land on which the sign is
located and shall be levied and collected in the same manner as provided
in the Town Law for the levy and collection of a special ad valorem
levy.
(4)
Where it reasonably appears that there is imminent danger to life, safety, or health or imminent damage to property unless a sign is immediately repaired, secured, or demolished and removed, the Town Board may, by resolution, authorize the Zoning Administrative Officer to immediately cause the repair, securing, or demolition of such unsafe sign. The expense of such remedial actions shall be a charge against the land on which the sign is located and shall be assessed, levied, and collected as provided in Subsection E(3) above.
A.
Compliance with performance standards. No use shall hereafter be established, altered, moved, or expanded unless it complies with the performance standards set forth in this section. Continued conformance with such standards, once applicable, shall be a requirement for the continuance of any certificate of occupancy. This § 175-40 shall not apply to farm operations engaged in customary agricultural practices, except where necessary to protect public health and safety. The standards in this section may be modified by a reviewing board where such modification is necessary for the commercial viability of the use and will not adversely affect neighboring land uses, where there is a specific federal or state standard with which the use is in compliance, or where the owner of the use can demonstrate that the standard is obsolete, unenforceable, or otherwise inappropriate under the circumstances.
B.
Purpose of performance standards. Consistent with the general purposes
of this chapter, performance standards shall set specific controls
on potentially objectionable external aspects of all uses in order
to:
(1)
Reduce to a reasonable minimum the dissemination of smoke, gas, dust,
odor, or other atmospheric pollutants outside the building in which
the use is conducted.
(2)
Control noise and light perceptible beyond the boundaries of the
site of the use.
(3)
Limit the discharge of treated wastes and prohibit the discharge
of untreated wastes into any watercourse.
(4)
Limit the dissemination of vibration, heat, or electromagnetic interference
beyond the immediate site on which the use is located.
(5)
Limit physical hazard by reason of fire, explosion, radiation, or
any similar cause.
(6)
Regulate and control the generation and flow of vehicular traffic
in order to prevent hazardous conditions, traffic congestion, and
excessive noise in the streets.
C.
Noise. The following standards apply to noise.
(1)
Sound levels shall be determined at the property line of the lot
from which the noise is emitted. Sound measurements shall be accomplished
through a sound-level meter having an A-weighted filter and constructed
in accordance with specifications of the American National Standards
Institute or other generally accepted standard for the measurement
of sound.
(2)
No person, firm, or corporation shall allow the emission of sound
which, as measured at the property lines, has a sound level in excess
of:
(a)
Fifty decibels on the A-weighted scale between the hours of
7:00 a.m. and 8:00 p.m.; or
(b)
Forty decibels on the A-weighted scale between the hours of
8:00 p.m. and 7:00 a.m.; or
(c)
Five decibels above the ambient noise at the point on the boundary
of the lot where measured, whichever is greater.
(3)
Sounds emitted at levels lower than those prohibited by Subsection
(C)(2) above shall not be permitted if, because of the type or frequency
of the noise emitted, such sounds are offensive, disruptive, or in
continual disharmony with the character of an adjoining or nearby
residential neighborhood.
(4)
Exemptions. The following shall be exempt from the noise level regulations:
(a)
Noises not directly under the control of the property user.
(b)
Noises emanating from construction and maintenance activities
between 8:00 a.m. and sunset, Monday through Friday.
(c)
The noises of safety signals, warning devices, emergency pressure-relief
valves, or other emergency warning signals.
(d)
Bells or chimes from a church or other place of worship.
D.
Vibration.
(1)
Method of measurement. For the purpose of measuring vibration, a
three-component measuring system adopted by resolution of the Town
Board shall be employed.
(2)
Maximum permitted steady-state and impact vibration displacement.
No activity shall cause or create a steady-state or impact vibration
displacement by frequency bands in excess of that indicated in the
following table:
|
Vibration Displacement
| |||
|---|---|---|---|
|
Frequency
(cycles per second)
|
Steady-State
(inches)
|
Impact
(inches)
| |
|
Under 10
|
0.0005
|
0.0010
| |
|
10 to 19
|
0.0004
|
0.0008
| |
|
20 to 29
|
0.0003
|
0.0006
| |
|
30 to 39
|
0.0002
|
0.0004
| |
|
40 and over
|
0.0001
|
0.0002
| |
E.
Smoke, dust, and other atmospheric pollutants.
(1)
General control. The emission of smoke and other particulate matter
shall not be permitted in violation of applicable regulations of the
New York State Department of Environmental Conservation (DEC), including
but not limited to 6 NYCRR Part 201. Pollutants that are not regulated
by DEC shall not be emitted if they pose a substantial risk to public
health, safety, or welfare.
(2)
Method of measurement of smoke. For the purpose of grading the density
of smoke, the Ringelmann Smoke Chart or EPA Methods 9 or 22 shall
be used to determine the total smoke emitted. Where the Ringelmann
method is used, a reading shall be taken every minute for an hour
or, if less than an hour, until the total smoke emitted exceeds that
allowed by these regulations. Each reading shall be multiplied by
the number of minutes during which it was observed and the product
added.
(3)
Maximum permitted emission of smoke. There shall be no measurable
emission of smoke, gas, or other atmospheric pollutant, except as
authorized by a permit granted pursuant to applicable state and federal
regulations. The emission of one smoke unit per hour and smoke with
discernible density of No. 1 on the Ringelmann Smoke Chart shall be
prohibited.
(4)
Maximum permitted emission of dust.
(a)
The emission of dust related to combustion for indirect heating
from any source shall not exceed 0.30 pound of dust per 1,000 pounds
of flue gas adjusted to 50% excess air for combustion.
(b)
There shall be no measurable emission of dust or other particulate
matter not related to combustion for indirect heating.
(c)
Properties shall be suitably improved and maintained with appropriate
landscaping, paving, or other materials to minimize windblown dust
and other particulate matter.
F.
Odor. No land use shall be permitted which emits any discernible
obnoxious odor outside the lot on which the use is conducted.
G.
Toxic or noxious matter. No use shall be permitted which will cause
the release of toxic or noxious fumes or other matter outside the
building in which the use is conducted.
H.
Radiation. The handling, storage, or disposal of radioactive materials
or waste by-products shall be conducted strictly in accordance with
applicable federal and state standards.
I.
Electromagnetic interference. No operation shall be permitted which
produces any perceptible electromagnetic interference with normal
radio or television reception in any area, unless federal or state
regulation requires such operation to be permitted.
J.
Fire and explosion hazard. All activities involving the use or storage
of flammable or explosive materials shall be provided with adequate
safety devices against the hazard of fire and explosion, with adequate
fire-fighting and fire suppression equipment and devices standard
in the industry. Such activities shall comply with all applicable
requirements of the New York State Uniform Fire Prevention and Building
Code, [1]DEC regulations, and the National Fire Protective Association
(NFPA) Code. Copies of forms filed with the Putnam County Emergency
Response Agency shall also be filed with the Zoning Administrative
Officer.
K.
Heat. There shall be no emission of heat which would cause an air
temperature increase in excess of 1° F. along any adjoining lot
line.
L.
Exterior illumination and glare. The location, height, design, direction
and brightness of outdoor illumination (area lighting, floodlighting
and illumination of signs) shall be arranged and maintained as follows:
(1)
Exterior lighting shall be the minimum needed to provide sufficient
illumination for safety, convenience and security. No use shall produce
glare so as to cause illumination beyond the boundaries of the property
on which it is located in excess of 0.5 footcandle. All exterior lighting,
including security lighting, in connection with all buildings, signs,
or other uses shall be directed away from adjoining streets and properties.
The Planning Board may require special efforts to reduce the impacts
of exterior lighting, such as limiting hours of lighting, planting
screening vegetation, or installing light shields to alleviate the
impact of objectionable or offensive light and glare on neighboring
residential properties and public thoroughfares.
(2)
Exterior lighting fixtures shall be shielded and directed downward
to prevent light from shining directly onto neighboring properties
or public ways or upward into the night sky. Parabolic aluminized
reflector (PAR) lamps and wall pack lighting shall be prohibited.
Floodlights, when used, shall be shielded or baffled so that they
illuminate only the object intended to be lighted. Lighting shall
not result in discomfort glare or disability veiling glare in any
street, walkway, or vehicular parking, loading and circulation area,
whether on the lot where the lighting is located or on any other lot.
(3)
Lighting within parking lots shall be on poles of 12 feet maximum
height, with color-corrected lamps and full cutoff luminaires designed
to minimize glare and light pollution. Design of poles and luminaires
shall be compatible with the style of the architecture and adjoining
streetscape treatment. Walkways leading from parking lots shall be
lit with bollard lighting and indirect illumination of buildings and
vegetation.
(4)
All lighting above 2,000 lumens shall be restricted to full cutoff
luminaires.
(5)
Gasoline pump canopy lights shall be fully recessed.
(6)
Light standards shall not exceed 20 feet in height.
(7)
Trespass lighting to other lots, especially from commercial projects
into residential areas, shall be prohibited.
M.
Liquid and solid wastes. The discharge of any or all wastes shall
be permitted only if in complete accordance with all standards, laws,
and regulations of the Putnam County Health Department, New York State
Department of Environmental Conservation, or any other regulatory
agency having jurisdiction. Facilities for the storage of solid waste
shall be so located and designed as to be screened from the street
or from any adjoining property and so as to discourage the breeding
of rodents or insects.
N.
Traffic. For the purpose of preventing congestion in the streets,
promoting the safe and efficient use of public transportation, protecting
air quality, promoting fuel conservation, and otherwise protecting
the public health, safety, and welfare, the following specific traffic
standards are hereby established to serve as a guide for Town officials
and agencies in the review of applications for development approvals:
(1)
The proponent of any development shall provide the Planning Board
with information pertaining to potential traffic generation. If the
Planning Board determines that it is necessary, the Planning Board
may require the submission of a traffic impact study (TIS) prepared
by a qualified traffic engineer.
(a)
The TIS shall evaluate potential impacts to roadway and intersection
operating conditions at locations and peak hours to be determined
by the reviewing agency.
(b)
The latest available version of the Highway Capacity Manual
and/or Highway Capacity Software shall be used to conduct the TIS.
(c)
The TIS shall be based on traffic volume data not more than
three years old.
(d)
Significant adverse traffic impacts requiring project mitigation
shall be defined as any of the following occurring within the first
year of operation of full build-out of the proposed project or, in
the case of phased construction, during the first year of operation
of each phase for which approval is sought:
[1]
Any reduction in level of service (LOS) to less than LOS D at
a street intersection that operates at LOS D or better without the
proposed project.
[2]
Any increase in delay times for intersections operating at LOS
E or below.
[3]
Introduction of new traffic volumes that will cause the overall
volume of the roadway to exceed the design capacity of the mainline
(nonintersection) highway sections within the TIS study area.
(e)
If the outcomes listed in Subsection N(1)(d) above would occur in any case due to other planned projects or background growth in the area that would affect that intersection or roadway segment, then the proposed project may be approved, provided that adequate mitigation plans are made to ensure safe and efficient operating conditions at the affected intersection(s).
(2)
Any development application for which a TIS is not submitted shall
provide sufficient information to ensure safe entering and exiting
conditions (e.g., sight distance, driveway width, and grade) at all
proposed ingress and egress points.
(3)
In projecting future levels of service and the capacity of mainline
highway sections, accepted traffic engineering procedures, as determined
satisfactory by the Planning Board, shall be utilized, using the following
requirements as a guide:
(a)
Base-year traffic conditions, including peak-hour traffic volumes
and turning movements, must be documented either through direct field
surveys or from other available current data sources.
(b)
Projected volumes must include estimated traffic generation
from the proposed development during peak hours of on-site traffic
activity as well as peak hours of street system activity.
(c)
Daily trip generation estimates must be provided. Information
published by the Institute of Transportation Engineers (ITE) will
generally be relied upon as a basis for estimating trip generation,
although the Planning Board may allow or require a departure from
the use of specific ITE averages where the Board determines that such
departure is warranted by unique characteristics which may be present
in the proposed project.
(d)
Allowance shall also be made for traffic which is expected to
be generated by other projects already approved or under construction
within the Town or within neighboring communities, as well as an additional
allowance for general regional traffic volume changes.
(e)
Estimated traffic generation must be distributed throughout
the access network in accordance with clearly stated distribution
assumptions determined acceptable by the Planning Board.
(f)
The capacity analysis of the intersections or mainline highway
section roadway system shall be calculated both with and without site-generated
traffic. In analyzing such capacity, the applicant shall use methods
generally recognized by national authorities, such as the Transportation
Research Board of the National Academy of Sciences, and/or methods
accepted by the New York State Department of Transportation. Traffic
capacity estimates may take into account improvements planned by the
applicant or by others, provided that, in either case, a specific
commitment to construct such improvements has been made.
(g)
In determining overall intersection level of service at signalized
intersections, optimum practical signal timing may be assumed. Overall
intersection level of service shall be determined, for both signalized
and unsignalized intersections, based upon a volume-weighted average
of each intersection approach level of service.
(h)
Where a mixed-use pedestrian-oriented project is planned using
traditional neighborhood development (TND) design principles, the
analysis shall take into account trip reduction and internal capture
of trips within the development attributable to such TND design.
O.
Review procedures. As a part of site plan review of an application
for the establishment of a use which, in the Planning Board's judgment,
could have potentially objectionable external aspects and therefore
be subject to these performance standards, the Planning Board may
require the applicant, at his or her own expense, to provide such
evidence as it deems necessary to determine whether the proposed use
will comply with these standards.
A.
Purpose and intent. The conduct of small-scale low-impact business
and professional uses on residential properties shall be permitted
under the provisions of this section. It is the intent of this section
to:
(1)
Ensure the compatibility of home occupations with other uses;
(2)
Maintain and preserve the rural and historic character of the Town;
and
(3)
Allow residents to engage in gainful employment on their properties
while avoiding excessive noise, traffic, nuisance, fire hazard, and
other possible adverse effects of nonresidential uses.
B.
Criteria and standards.
(1)
Home occupation as use permitted by right. Home occupations shall
be permitted uses if they are in compliance with the following criteria
and standards:
(a)
The home occupation may be conducted only by residents of the
dwelling unit plus no more than one nonresident assistant or employee
at any one time. A home occupation may be conducted within a dwelling
unit and/or within accessory structures. An area no larger than 30%
of the floor space of the primary dwelling unit may be occupied by
home occupations, up to a maximum of 1,000 square feet, including
screened exterior storage space.
(b)
A home occupation shall be incidental and secondary to the use
of a dwelling unit for residential purposes. It shall be conducted
in a manner which does not give the outward appearance of a business,
does not infringe on the right of neighboring residents to enjoy the
peaceful occupancy of their dwelling units, and does not alter the
character of the neighborhood.
(c)
Signs used in conjunction with a home occupation shall not be
animated or illuminated and shall not exceed three square feet.
(d)
Parking shall be adequate for nonresident employees and customers
or clients. A maximum of one business vehicle of up to 24,000 pounds
gross vehicle weight may be parked regularly in a location visible
from a public road or neighboring properties.
(e)
Automobile and truck traffic generated shall not be greater
than the volume of traffic that would normally be generated by a residential
use, unless the residence is located on New York State Route 9.
(f)
There shall be no exterior storage of materials, equipment, vehicles, or other supplies used in conjunction with a home occupation, unless screened from the road and from other properties by buildings, vegetation, natural topography, or fencing that complies with § 175-15I (if applicable).
(g)
No offensive appearance, noise, vibration, smoke, electrical
interference, dust, odors, or heat shall occur. The use of substances
in a manner which may endanger public health or safety or which pollute
the air or water shall be prohibited. No hazardous materials, such
as oil, propane, gasoline and other toxic chemicals, shall be used
or stored on the property in quantities that may pose a threat to
public health or safety.
(h)
More than one home occupation may be conducted on a lot, provided
that the combined impact of all home occupations satisfies these criteria
and standards.
(2)
Home occupation by special permit.
(a)
A home occupation occupying an area greater than that permitted
in Subsection (B)(1)(a) above or employing more than one nonresident
employee may be allowed by special permit, provided that it satisfies
all criteria for granting of special permits as well as all other
criteria and standards in Subsections (B)(1)(a) through (h) above.
Such criteria shall become standard conditions of the special permit.
In no case shall the area occupied by home occupations allowed by
special permit exceed the lesser of 40% of the floor space of the
primary dwelling unit or 2,000 square feet, including screened exterior
storage space.
(b)
A special permit granted for a home occupation shall include
a condition requiring the operator to obtain an annual operating permit
from the Zoning Administrative Officer at a fee of $75 per year or
such other amount as may be established by resolution of the Town
Board, beginning in the second year of operation. Such operating permit
shall be granted after the Zoning Administrative Officer inspects
the premises and finds the home occupation to be in compliance with
all conditions of the special permit.
A.
New driveway entrances (including the conversion of farm roads into
residential or commercial driveway entrances) shall require permission
from the Town Superintendent of Highways for Town roads, the Putnam
County Department of Public Works for county roads, or the New York
State Department of Transportation for state roads.
B.
Drive-up windows shall require site plan review. Street access points
and queueing areas shall be sited in a manner that does not create
safety hazards to pedestrians or motorists and that does not increase
traffic congestion on existing streets.
C.
Drive-up windows shall be permitted only in the HC District.
D.
Restaurant drive-up or drive-through windows shall be prohibited.
A.
Mobile home parks.
(1)
New mobile home parks shall be permitted only within mapped MHO Districts.
(2)
Existing mobile home parks not located in an MHO District may be continued as provided in Article VI and new mobile homes may be installed pursuant to plans approved before the enactment of this § 175-44. The expansion of an existing mobile home park shall be allowed by special permit provided that the mobile home park is included in a mapped MHO District.
(3)
New mobile home parks may be permitted in the MHO District provided
that they obtain a special permit from the Planning Board and fully
comply with all standards for conservation subdivisions, except as
follows:
(a)
The number of permitted homes in any mobile home park shall be determined as provided by the formula in § 175-20B, using three dwelling units per acre as the maximum allowable density.
(b)
The minimum protected open space shall be 30%.
(c)
The development shall provide playground and recreational facilities
for the use of residents.
(d)
The maximum number of mobile homes in any mobile home park shall
be 60.
(e)
The minimum parcel size shall be 10 acres.
(f)
All mobile homes shall be screened from view from public roads
and other publicly accessible land.
(g)
All mobile homes shall be set back at least 100 feet from property
lines.
(4)
All new mobile home parks and expansions of existing mobile home parks shall be required to comply with all applicable state and federal regulations and all applicable special permit and site plan review standards and criteria in this chapter. If the mobile home park will involve the creation of separate lots, the Town of Philipstown Subdivision Law (Chapter 112, Land Development, Part 1, Subdivision of Land) shall apply.
B.
Individual mobile homes outside of mobile home parks.
(1)
Individual mobile homes permanently located outside of mobile home parks shall be prohibited, except in connection with farm operations as provided in Subsection E.
(2)
Nonconforming mobile homes may be replaced by mobile homes that comply
with currently applicable federal and state building standards.
C.
Temporary mobile homes. An owner of land located within the Town
of Philipstown and who intends in good faith to construct a dwelling
thereon for his or her own occupancy, may be granted a permit to place
a mobile home on such land during the construction of the dwelling
not to exceed a period of one year. A mobile home may also be temporarily
placed on any lot for a period not to exceed one year in the event
of major damage to or destruction of a dwelling located on such lot.
To the extent practicable, such temporary mobile homes shall comply
with the provisions of this section, except that such homes may be
installed without permanent footings. After one year, the Zoning Administrative
Officer shall send notice to remove the temporary mobile home or to
apply for an extension not to exceed one additional year in the event
that construction, repair, or reconstruction of the residence has
not been completed. No further extension shall be granted, unless
the Planning Board, after an examination of the facts and after providing
the applicant an opportunity to be heard, may, upon finding a hardship
or extenuating circumstances, grant a further extension of the permit
if denial would create a hardship. No certificate of occupancy for
the new dwelling shall be issued until the temporary mobile home has
been removed.
D.
Construction and storage trailers.
(1)
Construction trailers may be placed temporarily (without permanent
footings) on construction sites for a period not to exceed one year,
if allowed pursuant to a special permit, site plan, variance, or subdivision
approval. Extensions for good cause may be granted by the reviewing
board. Such trailers may be used for office, storage, or workshop
space, and shall not be used for residential purposes.
(2)
No trailer shall be used as a permanent storage facility. Trailers
used for temporary storage in connection with a business use shall
be removed within one year of their installation. Storage trailers
in existence at the time of adoption of this provision may continue
for more than one year, provided that once they have been removed,
any replacement trailer shall be limited to one year.
E.
Farm operations. Mobile homes shall be permitted by right on farm
operations, provided that they comply with all state and federal standards
and satisfy all applicable health regulations. Such mobile homes shall
be located within the boundaries of the farm parcel, subject to the
following conditions:
(1)
The mobile home shall be used exclusively for the housing of farm
employees and the immediate family of such employees.
(2)
Such employees shall be regularly and gainfully employed in the occupation
of the applicant farmer and derive the majority of their annual income
from employment in agricultural operations on the farm.
(3)
The mobile home(s) shall be placed in such a manner and/or position
or location that observation by adjoining property owners will be
minimized.
F.
Existing
mobile homes in any location may be replaced by newer mobile homes
in the same location.
[Added 10-3-2013 by L.L. No. 6-2013]
Camps, as defined in § 175-74, shall comply with applicable height and impervious surface coverage requirements for the district in which they are located, but shall not be subject to any residential density calculation. Camp structures shall be set back at least 250 feet from property lines, unless the property line is the shoreline of a stream or lake, in which case the setback shall be established pursuant to Chapter 93 of the Town Code. Camps which qualify as institutional uses shall be regulated as such and day camps shall be regulated as educational uses (see definition of "camp").
A.
Purpose. The purpose of this section is to promote the health, safety,
and general welfare of the residents of the Town of Philipstown; to
preserve the scenic, historic, natural, and man-made character and
appearance of the Town while simultaneously providing standards for
the safe provision, monitoring, and removal of wireless telecommunications
consistent with applicable federal and state regulations; to minimize
the total number of communications towers in the community by encouraging
shared use of existing and future towers and the use of existing tall
buildings and other high structures; to minimize adverse visual effects
from communications towers by requiring careful siting and configuration,
visual impact assessment, and appropriate landscaping; to provide
a procedural basis for action within a reasonable period of time for
requests for authorization to place, construct, operate, or modify
communications towers; and to encourage camouflaging of communications
towers.
B.
Permit regulations.
(1)
Conformance with regulations; governing provisions.
(a)
No communications tower, except those approved prior to the
effective date of this chapter, shall be constructed, maintained,
or used unless in conformity with these regulations and this chapter.
(b)
No communications tower shall hereafter be erected, moved, reconstructed,
expanded, changed, or structurally altered unless in conformity with
these regulations and this chapter.
(2)
The location or collocation of communication equipment on an approved communications tower or a tall structure on property within OC and M Zoning Districts is a permitted use subject to the issuance of a building permit, provided that the Zoning Administrative Officer determines that the location or collocation does not increase the original approved height of the supporting structure by more than 15%, increase the original approved number of antennas by more than 50%, or increase the original approved square footage of accessory buildings by more than 200 square feet and add new or additional microwave antenna dishes, and that there will be no expansion of the footprint of said support structure and no adverse impacts on the existing support structure or the surrounding area. If the Zoning Administrative Officer cannot make these findings, site plan approval will be required from the Zoning Board of Appeals in accordance with Article IX, and the Zoning Administrative Officer shall refer the matter to the Zoning Board of Appeals where the application will be subject to the terms and conditions specified in Subsections F through T below as part of the site plan review process.
(3)
New communications tower construction within OC and M Zoning Districts is subject to obtaining a special permit from the Zoning Board of Appeals pursuant to Subsection F and Article IX. Such construction and collocation shall also comply with the requirements set forth in Subsections F through T below, as determined by the Zoning Board of Appeals as part of the special permit process.
(4)
New communications tower construction or the location or collocation of communication equipment on an approved communications tower or tall structure within the RC, RR, HR, HM, HC, SR, and IC Zoning Districts is subject to obtaining a special use permit from the Zoning Board of Appeals in accordance with Subsection F and Article IX. Such construction and collocation shall also comply with the requirements set forth in Subsections F through T below, as determined by the Zoning Board of Appeals as part of the special permit process.
(5)
Applications for construction of communications towers shall comply
with the Code of Federal Regulations pertaining to objects affecting
navigable airspace as delineated with Federal Aviation Regulation
(FAR) Part 77. Additionally, no application for construction of a
communications tower will be approved if the proposed tower violates
the criteria for obstructions to air navigation as established by
FAR Part 77, Subpart C, Obstruction Standards.
C.
Collocation use of tall structures or communications towers. At all times, shared use of tall structures and existing or approved communications towers in accordance with Subsection B(2) above shall be preferred to the construction of new communications towers.
(1)
Applications pursuant to Subsection B(2) shall be made to the Zoning Administrative Officer and shall include the following:
(a)
A completed application for a building permit.
(b)
Documentation of consent from the owner of the existing facility
to allow shared use.
(c)
A site plan in accordance with Article IX. The site plan shall also show all existing and proposed structures and improvements including antennas, roads, buildings, guy wires and anchors, parking, and landscaping, and shall include grading plans for new facilities and roads. Any methods used to conceal the modification of the existing facility shall be indicated on the site plan.
(d)
An engineer's report certifying that the proposed shared use
will not diminish the structural integrity and safety of the tall
structure, and explaining what modifications, if any, will be required
in order to certify to the above.
(e)
A completed environmental assessment form (EAF) and a completed
visual EAF addendum.
(f)
A copy of applicable Federal Communications Commission (FCC)
license.
(2)
If the Zoning Administrative Officer determines that the application is complete in accordance with Subsection C(1), and provided that the Zoning Administrative Officer determines that the location or collocation does not increase the original approved height of the supporting structure by more than 15%, increase the original approved number of antennas by more than 50%, increase the original approved square footage of accessory buildings by more than 200 square feet, or add new or additional microwave antenna dishes, and that there will be no expansion of the footprint of said support structure and no adverse impacts on the existing support structure or the surrounding area, then a building permit shall be issued; otherwise, site plan approval will be required from the Zoning Board of Appeals in accordance with Article IX. Such application will be subject to the terms and conditions specified in Subsections F through T below as part of the site plan review process. The Zoning Board of Appeals shall conduct a public hearing and process the application pursuant to this section, the New York State Environmental Quality Review Act (SEQR) and other applicable laws. If the Board concludes that the application complies with this section, all SEQR requirements and other applicable laws, the Board shall grant site plan approval without further review under this section.
D.
New communications towers pursuant to Subsection B(3) or (4). The Zoning Board of Appeals may consider a request to locate a new communications tower if the applicant can demonstrate that shared use of existing tall structures and existing or approved communications towers or communications tower sites is undesirable due to structural deficiencies, documented evidence that a site is unavailable because the owner is not willing to participate in a lease or ownership agreement, documented evidence that the site will not work from a technological aspect, or that the applicant's proposed location or collocation on the site would have an adverse impact on the surrounding area. An applicant shall be required to present an adequate report with an inventory of all existing tall structures and existing or approved communications towers within a two-mile radius of the proposed site. The site inventory shall include a map showing the exact location of each site inventoried, including latitude and longitude (degrees, minutes, seconds), ground elevation above sea level, height of the structure and/or tower, and accessory buildings on the site of the inventoried location. The report shall outline opportunities for shared use of these facilities as an alternative to a proposed new communications tower. The report shall demonstrate good faith efforts to secure shared use from the owner of each potential existing tall structure and existing or approved communications tower as well as documentation of the physical, technical, and/or financial reasons why shared usage is not practical in each case. Written requests and responses for shared use shall be provided. The report shall include the following information to permit the Zoning Board of Appeals to evaluate the need for the new communications tower site:
(1)
Information establishing the present need for the proposed tower.
Special permits are to be based on actual need and not on speculation
of future needs.
(2)
Radial plots depicting the anticipated radio frequency coverage for
the proposed site.
(3)
Radial plots depicting evidence that the proposed area to be provided
coverage by the proposed new tower is currently deficient in radio
frequency coverage.
(4)
The frequency spectrum (output frequency) to be used at the proposed
site (cellular, personal communications systems, broadcast frequency,
analog or digital, etc.). A copy of a current FCC license that authorizes
the applicant to provide service is required.
(5)
The type, manufacturer, and model number of the proposed tower.
(6)
The height of the proposed tower, including the height of any antenna
structure above the supporting structure of the tower.
(7)
The number of proposed antennas, and the type, manufacturer, model
number, dB gain, size, and orientation on the proposed tower for each.
(8)
Such other information as may be deemed necessary by the Board in
order to make a thorough evaluation of the applicant's proposal.
E.
New towers; future shared use. Applicants shall design proposed new
communications towers to accommodate future demand for reception and
transmitting facilities. The site shall be designed for the maximum
foreseeable possible number of users, with sufficient ground area
set aside for accessory structures, landscaping, and screening of
the site at full build-out. Applications for new communications towers
shall include an agreement committing the owner of the proposed new
communications tower, and its successors in interest, to negotiate
in good faith for shared use of said tower by other providers of communications
in the future. This agreement shall be filed with the Zoning Administrative
Officer prior to issuance of a building permit. Failure to abide by
the conditions outlined in the agreement shall be grounds for the
revocation of the special permit. The agreement shall commit the communications
tower owner and lessee and its successors in interest to:
(1)
Respond within 45 days to a request for information from a potential
shared-use applicant.
(2)
Negotiate in good faith concerning future requests for shared use
of the communications tower by other providers of communications.
(3)
Allow shared use of the communications tower if another provider
of communications agrees in writing to pay reasonable charges. The
charge may include but not be limited to a pro-rata share of the cost
of site selection, planning, project administration, land costs, site
design, construction and maintenance financing, return on equity,
and depreciation as well as all of the costs of adapting the tower
or equipment to accommodate shared use without causing electromagnetic
interference.
F.
Site plan/special permit review; submission requirements.
(1)
Site plan applications.
(a)
Applications to the Zoning Board of Appeals for site plan approval shall include a site plan in accordance with Article IX. In addition, the site plan shall show all existing and proposed structures and improvements including road, buildings, tower(s), guy wires and anchors, antennas, parking, and landscaping and shall include grading plans and drainage plans for new facilities and roads.
(b)
Supporting documentation. The applicant shall submit a completed
long form environmental assessment form (EAF), a complete visual environmental
assessment form (visual EAF addendum) and documentation on the proposed
extent and capacity of use as well as supporting the need for the
requested height of any tower and for any clearing required. The applicant
shall also submit a copy of its FCC license.
(2)
Special permit applications. Applications to the Zoning Board of Appeals (ZBA) for a special permit shall be made in accordance with Article IX and shall include the following:
(a)
Where shared use of tall structures or existing or approved communications towers is found to be impractical, applicants shall also investigate the possibility of constructing a new communications tower on property occupied by an existing communications tower in accordance with Subsection D above. In such case the ZBA may allow more than one tower on a lot. Any proposal for a new communications tower on an existing communications tower site shall also be subject to the requirements of Subsections F through T.
(b)
The ZBA may consider a new communications tower on a site not previously developed with a communications tower when the applicant demonstrates that shared use of existing tall structures and existing or approved towers is impractical, and submits a report as described in Subsection D above, and when the ZBA determines that shared use of an existing communications tower site for a new communications tower is undesirable based upon the investigation in accordance with Subsection F(2)(a) above. Any proposal for a new communications tower shall also be subject to the requirements of Subsections F through T below.
(c)
The ZBA may require an applicant to submit information and documentation
indicating and identifying areas within the Town where communication
coverage by the applicant remains unsatisfactory. Applicants may be
required to provide sufficient information to the Town so as to clearly
identify and describe the applicant's communications coverage master
plan or siting and/or communication coverage plan.
(d)
The ZBA may require the applicant to submit to the Town a qualified
engineer's report regarding nonionizing electromagnetic radiation
for the proposed site. Such report will provide sufficient information
to detail the amount of radio frequency radiation expected from the
proposed site. Additionally, the engineer's report will comply with
FCC reporting criteria, as amended, for a cumulative report, reporting
levels of anticipated exposure from all users on the site. The report
must indicate whether or not the proposed communications tower will
comply with FCC emission standards.
(3)
The ZBA may require the applicant to perform emission tests every
six months and report the findings to the Zoning Administrative Officer.
The results of the emission test shall be reported to the Zoning Administrative
Officer within 30 days of the test being completed. At the time of
the emissions tests a complete safety inspection of the communications
tower shall be conducted. The results of that safety inspection shall
also be reported to the Zoning Administrative Officer within 30 days
of its completion. The safety inspection shall consist of but may
not be limited to an inspection of the condition of the tower, its
supports, foundations, anchor bolts, coaxial cable, cable supports,
ice shields, cable trays, guy wires and antennas affixed to the tower.
Other aspects of the inspection shall include inspection for fire,
electrical, natural and other man-made hazards that could pose a potential
hazard to the communications tower site or the surrounding area. Unsafe
conditions shall be corrected immediately by the applicant.
(4)
The maximum review period for applications for communications towers
and collocation of equipment shall comply with applicable FCC requirements.
G.
Lot size and setbacks. Each proposed communications tower and accessory
structure shall be located on a single lot and shall comply with applicable
setback requirements. Adequate measures shall be taken to contain
on-site all ice-fall or debris from tower failure and preserve the
privacy of any adjoining residential properties.
(1)
Each lot containing a communications tower shall meet the minimum lot size and road frontage requirements for conventional subdivision lots specified in § 175-11 (Dimensional Table)[1] as well as such additional land as may be necessary to
meet the setback requirements of this section.
[1]
Editor's Note: The Dimensional Table is included at the end
of this chapter.
(2)
Communications towers shall comply with the following minimum setback
requirements within the OC, HC, and M Zoning Districts:
(3)
The setback requirements for communications towers located within
the RC, RR, HR, HM, HC, SR, and IC Zoning Districts shall be 150 feet
from side and rear lot lines or half the height of the communications
tower, whichever is greater. The minimum front setbacks shall be:
H.
Visual impact assessment. The reviewing board may require the applicant
to undertake a visual impact assessment which may include:
(1)
A zone of visibility map to determine locations from which the communications
tower may be seen.
(2)
Pictorial representations of "before and after" views from key viewpoints
both inside and outside of the Town, including but not limited to
state highways and other major roads, state and local parks, other
public lands, preserves and historic sites normally open to public,
and from any other location where the communications tower is visible
to a large number of visitors, travelers, or persons. The reviewing
board shall determine the appropriate key sites at a presubmission
conference with the applicant.
(3)
Assessment of alternative communications tower designs and color schemes, described in Subsection I.
(4)
Assessment of the visual impact of the communications tower base,
guy wires, accessory buildings, and overhead utility lines from abutting
properties and streets.
I.
New tower design. Alternative designs shall be considered for new
communications towers, including lattice and single-pole structures.
The design of a proposed new communications tower shall comply with
the following:
(1)
Any new communications tower shall be designed to accommodate future
shared use by other providers of communications.
(2)
Unless specifically required by other regulations, a communications
tower shall have a finish (either painted or unpainted) that minimizes
its degree of visual impact.
(3)
Notwithstanding the height restrictions listed elsewhere in this
chapter, the maximum height of any new communications tower shall
not exceed that which shall permit operation without artificial lighting
of any kind or nature, in accordance with municipal, state, and/or
federal law and/or regulation.
(4)
The height of a communications tower in OC, HC, and M Zoning Districts
shall not exceed 195 feet above ground elevation. The height of a
communications tower within the RC, RR, HR, HM, HC, SR, and IC Zoning
Districts shall not exceed 110 feet above ground elevation.
(5)
The ZBA may request a review of the application at the applicant's expense by a qualified engineer and/or consultant in order to evaluate the application. Fees for the review of the application by a qualified engineer and/or consultant are in addition to the application fee, shall be the responsibility of the applicant, and shall be deposited with the Town as provided in § 71-3 of the Town Code.
(6)
Design of accessory structures; camouflage communications towers.
(a)
Accessory structures shall maximize the use of building materials,
colors, and textures designed to blend with the natural surroundings.
The use of camouflage communications towers may be required by the
Zoning Board of Appeals to further blend the communications tower
and/or its accessory structures into the natural surroundings. "Camouflage"
is defined as the use of materials incorporated into the communications
tower design that give communications towers the appearance of tree
branches and bark coatings, church steeples and crosses, sign structures,
lighting structures, or other similar structures.
(b)
Accessory structures shall be designed to be architecturally
similar and compatible with each other, and shall be no more than
12 feet high. The buildings shall be used only for housing of equipment
related to the particular site. Whenever possible, the buildings shall
be joined or clustered so as to appear as one building.
(7)
No portion of any communications tower or accessory structure shall
be used for a sign or other advertising purpose, including but not
limited to company name, phone numbers, banners, and streamers, except
the following. A sign no greater than two square feet indicating the
name of the facility owner(s) and twenty-four-hour emergency telephone
shall be posted adjacent to any entry gate. In addition, "no trespassing"
or other warning signs may be posted on the fence. All signs shall
conform to the sign requirements of the Town.
(8)
Towers must be placed to minimize visual impacts. Applicants shall
place towers on the side slope of terrain so that, as much as possible,
the top of the tower does not protrude over the ridgeline, as seen
from public ways.
J.
Existing vegetation. Existing on-site vegetation shall be preserved
to the maximum extent possible. No cutting of trees shall take place
on a site connected with an application made under this section prior
to the approval of the special use permit.
K.
Screening. Deciduous or evergreen tree plantings may be required to screen portions of the communications tower and accessory structures from nearby residential property as well as from public sites known to include important views or vistas. Where a site adjoins a residential property or public property, including streets, screening shall be required. The applicant shall demonstrate to the reviewing board that adequate measures have been taken to screen and abate site noises such as heating, ventilating, air conditioners, and emergency power generators. Communications towers shall comply with § 175-40, Environmental performance standards, including § 175-40C, regarding noise standards and control.
L.
Lighting. Communications towers shall comply with § 175-40L, regarding lighting. These standards shall apply to the lighting of the area subject to the application and are not applicable to Federal Aviation Administration (FAA)/FCC required lighting of the communications tower.
M.
Access.
(1)
Adequate emergency and service access shall be provided and maintained.
Maximum use of existing roads, public or private, shall be made. Road
construction shall at all times minimize ground disturbance and vegetation
cutting to the top 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.
(2)
To the extent feasible, all network interconnections to and from
the telecommunications site and all power to the site shall be installed
underground. At the initial construction of the access road to the
site, sufficient conduit shall be laid to accommodate the maximum
possible number of communications providers that might use the facility.
N.
Parking. Parking shall be provided to assure adequate emergency and
service access. The Zoning Board of Appeals shall determine the number
of required spaces, but in no case shall the number of parking spaces
be less than two spaces.
O.
Fencing. The communications tower and any accessory structures shall
be adequately enclosed by a fence, the design of which shall be approved
by the reviewing board. This requirement may be waived by the reviewing
board if the applicant demonstrates that such measures are unnecessary
to ensure the security of the facility.
P.
Removal and repair.
(1)
The applicant shall submit to the reviewing board an agreement committing
the property owner, communications tower owner, lessee, and their
successors in interest to keep the tower and accessory structures
in good order and repair and in compliance with any approval, and
to notify the Zoning Administrative Officer within 60 days of the
discontinuance of use of the tower for its original or any other purpose.
This agreement shall be filed with the Zoning Administrative Officer
prior to the issuance of a building permit under this chapter. At
anytime after 120 days of receiving this notice, the Zoning Administrative
Officer may require removal of the obsolete, unnecessary, or unused
communications towers and associated accessory structures or such
towers or structures no longer needed for their original purpose by
sending a notice to the property owner, tower owner, and any lessee
to remove the same. The property owner, tower owner, and any lessee
shall remove such towers and/or accessory structures within 45 days
of receipt of the notice from the Zoning Administrative Officer.
Q.
Intermunicipal notification for new towers. In order to keep neighboring
municipalities informed and to facilitate consideration of an existing
tall structure or existing communications tower in a neighboring municipality
for shared use, and to assist in the continued development of the
county emergency service communications system, the reviewing board
shall require that an applicant who proposes a new communications
tower shall notify in writing the legislative body of each municipality
that borders the Town of Philipstown and the Director of Emergency
Management of Putnam County. Notification shall include the exact
location of the proposed tower and general description of the project,
including but not limited to height of the tower and capacity for
future use.
R.
Notification of nearby landowners. Notice of any public hearing shall
be mailed by the applicant directly to all landowners whose property
is located within 500 feet of the property line of the parcel on which
a new communications tower is proposed. Notice shall also be mailed
to the administrator of any state or federal parklands from which
the proposed tower would be visible if constructed by the applicant.
The applicant shall file adequate proof that the provisions of this
subsection were carried out.
S.
Proof of insurance. The applicant and the owner of the property where
the communications tower is to be located shall provide the Town Clerk
with proof of liability insurance in the amount not less than $3,000,000
to cover potential personal injury and property damage associated
with construction and operation, with the Town named as an additional
insured.
T.
Financial security. The applicant shall, as a condition of final approval, provide the Town with financial security acceptable to the Town sufficient to provide for the removal or repair of the tower as described in Subsection P above. Acceptable financial security includes but is not limited to irrevocable bank letters of credit, escrow accounts, and bonds issued by insurance companies.
See Chapter 159 of the Philipstown Town Code.
A.
Purpose.
(1)
The Town hereby finds that certain uses of property, by their nature,
have serious objectionable operational characteristics which can lead
to a significant impact on the surrounding community. The purpose
of this section is to prevent the unrestricted proliferation of such
uses and to ensure that the effects of such uses will not adversely
affect the health, safety, and economic well-being of the community
by enacting criteria for the establishment of adult entertainment
uses.
(2)
The unrestrained proliferation and inappropriate location of such
businesses is inconsistent with existing development and future plans
for the Town of Philipstown in that such businesses often result in
influences on the community which increase the crime rate and undermine
the economic, moral, and social welfare of the community. The deleterious
effects of these businesses change the economic, moral, and social
character of the existing business, community, and family life. Special
regulation of these uses is necessary to ensure that these adverse
affects will not contribute to the blighting or downgrading of the
surrounding neighborhoods and land uses.
(3)
In order to restrict the accessibility of such businesses to minors
and ensure that they will not adversely affect the health, safety,
and economic well-being of the community, the Town Board of the Town
of Philipstown finds it in the public interest to enact these standards
to regulate the placement, construction, and permitting of adult entertainment
use businesses in the Town of Philipstown.
B.
ADULT BOOKSTORE
ADULT ENTERTAINMENT CABARET
ADULT ENTERTAINMENT USE
ADULT MASSAGE ESTABLISHMENT
ADULT MOTEL
ADULT MOTION PICTURE THEATER
MASSAGE
MASSAGE TECHNICIAN
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
Definitions. For purposes of this § 175-48, the following terms will have the following meanings:
An establishment, whether retail or wholesale, having a substantial
or significant portion of its stock-in-trade in books, magazines,
video cassettes, or other periodicals, for sale or viewing on or off
the premises, which are distinguished or characterized by their emphasis
on matter depicting, describing, or relating to specified sexual activities
or specified sexual anatomical areas as defined in this section.
A public or private establishment which presents topless
dancers, bottomless dancers, strippers, male or female impersonators,
exotic dancers, or other similar entertainments.
Any use constituting an adult bookstore, adult motion-picture
theater, adult motel, adult entertainment cabaret, or adult massage
establishment as those terms are defined herein.
Any establishment having a fixed place of business where
massages are administered. This definition shall not be construed
to include a hospital, nursing home, medical clinic, or the office
of any massage therapist or health care practitioner duly licensed
by the State of New York, nor barbershops or beauty salons in which
the massages are administered only to the scalp, the face, the neck,
or the shoulders. This definition shall not include a volunteer ambulance,
fire, or rescue squad or a nonprofit organization operating a community
center, swimming pool, tennis court, or other educational, cultural,
recreational, or athletic facilities or facilities for the welfare
of the residents of the Town.
A hotel, motel, or similar commercial establishment which:
An enclosed or unenclosed building, structure or portion
thereof used for presenting materials distinguished or characterized
by primary emphasis on matter depicting, describing or relating to
specified sexual activities or sexual anatomical areas for observation
by patrons.
A method of treating the external part of the human body
by rubbing, stroking, kneading or vibrating with the hand or any instrument.
Any individual who administers a massage to another individual
at an adult massage establishment. This definition shall not include
any massage therapist or other health-care practitioner duly licensed
by the State of New York.
Any one or more of the following:
C.
Application for special permit for adult entertainment uses.
(1)
In accordance with the procedures, standards, and conditions herein
specified, the Town Board may grant a special permit for the establishment
of an adult entertainment use where allowed by the Use Table.[1] All requirements of this section are in addition to other
requirements applicable in the district in which the special permit
use is to be located.
[1]
Editor's Note: The Use Table is included at the end of this
chapter.
(2)
Application for a special permit under this section shall be submitted to the Town Clerk in the same manner that an application for a special permit would otherwise be submitted to the Planning Board pursuant to § 175-62. All adult entertainment uses shall be reviewed as major projects following the procedures in § 175-62.
(3)
Upon receipt of a complete application for a special permit under this section, the Town Clerk shall transmit the application and accompanying plans to the Town Board. In addition to the procedural requirements in § 175-62, all applications for a special use permit under this section shall be referred by the Town Board to the Philipstown Planning Board for a report thereon prior to the public hearing. If the Planning Board does not submit its report prior to the public hearing, its right to comment shall be deemed to be waived.
D.
Standards and conditions for approval. The Town Board may approve
the application for a special permit under this section if it finds
that the proposed special permit use, the proposed site plan, and
the proposed buildings and structures will conform to the following
general and special standards and conditions:
(1)
Standard criteria. Such use, site plan, and buildings and structures shall conform to the standards and conditions set forth in § 175-63B.
(2)
Any adult entertainment use shall be located within an enclosed building,
and no more than one adult entertainment use shall be located or permitted
on any lot.
(3)
The proposed use shall meet all other requirements of this chapter,
of other ordinances and local laws of the Town of Philipstown, and
of other requirements and laws of any other applicable government
or agency.
(4)
It shall be a condition of any special permit issued for an adult
entertainment use that no person under the age of 18 years shall be
permitted into the premises.
(5)
The Town Board may impose such terms and conditions upon the issuance
of any special permit hereunder as it deems appropriate to further
the aims of this section, including but not limited to restrictions
on advertising, outdoor displays, and the location of merchandise.
(6)
Inspection requirements.
(a)
Prior to the commencement of any adult entertainment use, or
upon any transfer of ownership or control of the entity granted such
special permit, the premises must be inspected and found to be in
compliance with the New York State Uniform Building and Fire Prevention
Code[2] and all other laws, rules, and regulations applicable
thereto.
(b)
An applicant or permittee shall permit representatives of the
Town or any other government or agency having jurisdiction thereof
to inspect the premises containing an adult entertainment use for
the purpose of ensuring compliance with applicable laws and requirements
at any time it is occupied or open to the public or for business.
E.
Revisions and extensions. Any revision of an approved special permit
application and any reconstruction, enlargement, extension, moving,
or structural alteration of an approved special permit use or any
building, structure, or facility in connection therewith shall require
submission of a special permit application as for the original application.
A.
Maintenance of animals on residential properties. Animals kept on
residential properties, not as part of a farm operation as defined
in this chapter, shall be limited as follows:
(1)
The amount of land required for keeping large animals shall be 40,000
square feet, allocated to the residence, plus 40,000 square feet per
"large livestock unit" (LLU). One cow, horse, bison, pig, or similar
large animal shall be considered one LLU. The following shall be considered
as fractional LLUs:
(2)
The number of small animals such as raccoons, mink, rabbits, birds,
snakes, geese, ducks, chickens, monkeys, and cats shall not exceed
10 on a lot of less than two acres. The number of dogs shall not exceed
six on a lot of less than two acres. Pens for such animals shall not
exceed 5,000 square feet or 10% of the lot area, whichever is greater.
These requirements may be modified by the Planning Board by special
permit as provided below.
(3)
The Planning Board may issue a special permit for maintenance of
animals in greater numbers or larger pens than the maximum set forth
above, provided that the applicant meets all conditions and satisfies
applicable special permit criteria, that the Planning Board finds
that adequate open space and facilities for the proper care of such
animals are available or will be established, and that maintenance
of such animals will not interfere with the reasonable use and enjoyment
of the property of others.
(4)
Buildings, pens, or other structures housing animals shall be located
20 feet from any lot line and 35 feet from any road or highway. No
manure may be stored within 250 feet of any property boundary line
or watercourse.
(5)
In maintaining animals on a property, no person shall knowingly interfere
with the reasonable use and enjoyment of the property of others.
A.
Limitations on solid waste management facilities. Solid waste management
facilities, as defined in Environmental Conservation Law §§ 27-0701
and 6 NYCRR 360-1.2(b)(158), with the sole exception of facilities
owned and operated by the Town of Philipstown, are prohibited in the
Town.
B.
Processing of soil. The processing of soil, dirt, gravel, and rock,
including rock crushing, is prohibited in the OC District, on lots
of less than five acres in the M and SMO Districts, and in all zoning
districts south of the intersection of East Mountain Road South and
Route 9. Such processing is prohibited in all other land use and overlay
districts.
C.
Standards and enforcement. All industrial uses and municipal solid
waste management facilities shall satisfy the following requirements:
(1)
All operations, including loading and unloading, shall occur within
fully enclosed buildings with an impervious floor system. Any leachate
shall be collected in an impervious collection system and hauled off
site for disposal as required by applicable laws. There shall be no
outdoor storage of hazardous materials or of materials regulated under
6 NYCRR Part 360 in a manner that could allow them to become airborne,
leach into the ground, or flow into any watercourse.
(2)
No materials shall be disposed of into the ground, air, or into any
watercourse, except pursuant to applicable permits and approvals issued
by state and county health and environmental agencies.
(3)
Procedures shall be in place to inspect all materials upon arrival
at the facility to ensure that they are appropriate to the permitted
operation and to ensure that deliveries of materials that cannot be
safely handled and processed at the facility are not accepted.
(5)
The applicant may be required to furnish a performance guarantee as determined to be appropriate by the Town. Such performance guarantee shall be in the form of an irrevocable letter of credit, certified check, bond, or other form of security guaranteeing to the Town compliance with the standards in this Subsection C as well as with any other standards, requirements, or conditions of any permit issued by federal, state, county, or local government agencies. The amount of such performance guarantee shall be based upon the estimated potential cost of remediation in case of a violation, as determined by an engineer retained by the Town.
(6)
In addition to the requirements of Subsection C(5) above, the applicant may be required to pay annually into an environmental inspection fund in an amount sufficient to enable the Town to monitor the facility's performance and compliance with applicable standards using qualified technical experts.
A.
Junkyards. New junkyards are prohibited. See Chapter 107 of the Code of the Town of Philipstown for provisions on existing junkyards.
B.
Outdoor storage of personal property.
(1)
Boats, trailers, and seasonal or other recreational vehicles may
be stored, maintained, or parked only in side or rear yards, except
where environmentally suitable and economically practical access to
such yards is not feasible. No more than one motorboat or sailboat
may be stored outdoors on any residential lot.
(2)
Contractor's construction equipment and other heavy equipment with a gross vehicle weight of 4,000 pounds or more may not be stored, maintained, or parked in any location visible from adjoining properties or public roads, except for purposes of loading and unloading. The restrictions of this Subsection B shall not apply in the M, HC, and OC Districts.
(3)
Unless authorized by a special permit or site plan approved in connection
with a business use, no commercial vehicle exceeding 24,000 pounds
gross vehicle weight or 20 feet in box length shall be parked overnight
in a residential district where it is visible from adjoining properties
or public roads. The Planning Board may allow larger vehicles by special
permit. This provision shall not apply to trucks used in connection
with commercial agriculture, provided that parked trucks are set back
at least 100 feet from property lines of adjacent landowners.
(4)
For outdoor storage requirements for business and industrial uses, see § 175-65D(5).
In addition to generally applicable special permit and site
plan review requirements, the applicant shall comply with the following:
A.
Supervision. Every residential care facility shall provide qualified
supervisory personnel on the premises 24 hours a day, seven days a
week. Such personnel shall have sufficient education and experience
and shall be present in sufficient numbers to meet all standards of
any agency responsible for the licensing or regulation of the residential
care facility.
B.
Other required approvals. An applicant for a residential care facility
shall demonstrate compliance with all applicable regulations, standards,
and licensing requirements of public or private agencies.
C.
Required information for application. An application for a special permit for a residential care facility shall satisfy the submission requirements of Article IX and shall also include the following:
(1)
A list of all agencies which must license or otherwise approve the
establishment or operation of the facility.
(2)
A list of regulations established by the public or private agencies listed in Subsection C(1) above.
(3)
Copies of applications submitted to the agencies.
(4)
A written statement explaining the status of such applications stating
any facts known to the applicant which might result in the denial
or delay of any required approval.
(5)
A written statement addressing the requirements of Subsection A above and demonstrating that the facility will comply with applicable regulations of licensing agencies and state law relating to minimum required floor area, bathroom facilities, and open space.
(6)
A map identifying the location of all other residential care facilities
in the Town of Philipstown at the time of the special permit application.
D.
Findings. In making its determination upon a special permit for a residential care facility, the Planning Board shall, in addition to making the findings required by § 175-63, make the following specific findings:
(1)
That the proposed facility, given its unique nature, will not have
a substantial or undue adverse effect upon adjacent property, the
character of the neighborhood, parking, utility facilities, and other
matters affecting public health, safety, and general welfare.
(2)
That the proposed facility will be provided with or have ready access
to facilities and services necessary and appropriate to the needs
of its residents for active and passive recreation, medical care,
education, cultural and religious activities, and public transportation.
(3)
That the proposed facility will not generate a level of traffic which
would be burdensome to the neighborhood, considering the number of
visitors its residents may expect, truck delivery and loading requirements,
and the availability and nature of public or private transportation.
(4)
That the proposed facility will not result in an undue concentration
of residential care facilities in the Town of Philipstown or in the
neighborhood of the proposed facility.
(5)
That the decision made by the Planning Board represents a reasonable
accommodation to the needs of persons protected under the Federal
Fair Housing Act, if applicable.
