City of Cohoes, NY Regulations Applicable to All Zoning Districts

The City shall design, build, operate, and maintain a safe, reliable, efficient, integrated, and connected multimodal transportation network that will provide access, mobility, safety, and connectivity for all users.

Complete streets design will promote improved health, economic growth, public safety, recreational opportunity, and social equality throughout the City of Cohoes, and will ensure that the safety and convenience of all users of the transportation system are accommodated, including pedestrians, bicyclists, users of mass transit, people of all ages and abilities, motorists, emergency responders, freight providers, and adjacent land users.

Scope of complete streets applicability.

All City-owned transportation facilities in the public right-of-way, including, but not limited to, streets, bridges, and all other connecting pathways, shall be designed, constructed, operated, and maintained so that users of all ages and abilities can travel safely and independently.

All privately constructed streets, parking lots, and connecting pathways shall adhere to this policy.

The City shall foster relationships with the State of New York, neighboring communities and counties, and business and school districts to develop facilities and accommodations that further the City's complete streets policy and continue such infrastructure beyond the City's borders.

The City shall approach every phase of every transportation project as an opportunity to create safer, more accessible facilities for all users. These phases include, but are not limited to, planning, programming, design, right-of-way acquisition, construction, construction engineering, reconstruction, operation, and maintenance funded by the City of Cohoes, the State of New York, utility companies, and all private development. Other changes to transportation facilities on streets and rights-of-way, including capital improvements, rechannelization projects, and maintenance, must also be included.

A project's compliance with this policy shall be determined based on the filing of a complete streets checklist form.

Exceptions.

All exceptions to this policy must be reviewed and approved by the City Building and Planning Department and/or Department of Engineering and be documented with supporting data that indicates the basis for the decision. Such documentation shall be made publicly available.

Exceptions may be considered for approval when:

An affected roadway prohibits, by law, use by specified users (such as interstate freeways or pedestrian malls), in which case a greater effort shall be made to accommodate those specified users elsewhere, including on roadways that cross or otherwise intersect with the affected roadway;

The activities are minor maintenance activities designed to keep assets in serviceable condition (e.g., mowing, cleaning, sweeping, spot repair, and surface treatments, such as chip seal or interim measures);

The City Engineer issues a documented exception concluding that the application of complete streets principles is unnecessary, unduly cost prohibitive, or inappropriate because it would be contrary to public safety; or

(d)

Other available means or factors indicate an absence of need, including future need.

The City Departments of Building and Planning and/or Engineering shall submit quarterly reports to the Mayor's Office summarizing all exceptions granted in the previous quarter. These reports shall be submitted after the end of the quarter, and shall be posted online.

Design standards.

The City shall adopt state transportation design standards as well as adapt, develop, update, and adopt interdepartmental policies, urban design guidelines, zoning, and performance standards and other guidelines based upon resources identifying best practices in urban design and street design, construction, operations, and maintenance. These resources include, but are not limited to: the New York State Department of Transportation Highway Design Manual, New York State Department of Transportation Specification Book, the AASHTO Green Book, AASHTO Guide for the Planning, Designing and Operating Pedestrian Facilities, AASHTO Guide for the Development of Bicycle Facilities, ITE Designing Walkable Urban Thoroughfares: A Context Sensitive Approach, NACTO Urban Bikeway Design Guide; Manual on Uniform Traffic Control Devices, and United States Access Board Public Right-of-Way Accessibility Guidelines. When fulfilling this complete streets policy, the City will follow the design manuals, standards, and guidelines above, as applicable, but should be not precluded from considering innovative or nontraditional design options where a comparable level of safety for users is present or provided.

Designs for all projects will be context-sensitive, considering adjacent land uses and local needs and incorporating the most up-to-date, widely accepted, ADA-compliant design standards for the particular setting, traffic volume and speed, and current and projected demand. Each project must be considered both separately and as part of a connected network to determine the level and type of treatment necessary for the street to be complete.

Implementation and reporting.

The City of Cohoes shall view complete streets as integral to everyday transportation decisionmaking practices and processes. To this end:

One-year outcomes:

Complete streets checklist form. The City of Cohoes shall adopt or design a complete streets checklist form to be filled out during a project review to determine compliance with this policy.

Staff training. The City of Cohoes will train pertinent City staff on the content of the complete streets principles and best practices for implementing the policy.

Streets manual. The City of Cohoes will create and/or adopt a Complete Streets Design Manual to support implementation of this policy.

[4]

Funding. The City of Cohoes will actively seek appropriate sources of funding to implement the complete streets policy.

[5]

Reporting. The relevant departments, agencies, or committees shall report on the annual increase or decrease for each performance measure contained in this section compared to the previous year(s). This report will be presented to the Mayor's Office and made available to the public.

[6]

Coordination. The City of Cohoes will utilize interdepartmental project coordination to promote the most responsible and efficient use of fiscal resources for activities that occur within the public right-of-way.

Three-year outcomes:

Inventory. The City of Cohoes and the Complete Streets Advisory Board will maintain a comprehensive inventory of the pedestrian and bicycling facility infrastructure integrated with the City's database and will prioritize projects to eliminate gaps in the sidewalk and bikeway networks.

Education. The City of Cohoes shall promote complete streets education in partnership with bicycling, disabled, youth, and elderly communities, the school district, and the Police Department.

Capital improvement project prioritization. The City of Cohoes will reevaluate capital improvement projects prioritization to encourage implementation of bicycle, pedestrian, and transit improvements.

Five-year outcomes:

Revisions to existing plans and policies. All relevant departments, agencies, or committees will incorporate complete streets principles into all existing plans, manuals, checklists, decision trees, rules, regulations reviews, approvals, and programs as appropriate, including, but not limited to, comprehensive plans, economic development plans, bicycle and pedestrian master plans, transit plans, snow emergency plans, sidewalk maintenance plans, and other appropriate plans, manuals, rules, regulations, and programs.

Other plans. The City of Cohoes will prepare, implement, and maintain a bicycle and pedestrian master plan, a safe routes to school plan, and Americans with Disabilities Act transition plan, a street tree and landscape master plan, and a lighting master plan.

Stormwater management plan. The City of Cohoes will prepare and implement a plan to transition to sustainable stormwater management techniques along our streets.

Performance measures.

The City of Cohoes shall measure the success of this complete streets policy using, but not limited to, the following performance measures:

Number of people reached through bicycle and pedestrian education programs;

Total miles of bike lanes and bike sharrows;

Linear feet of new or repaired pedestrian accommodations;

(d)

Number of new ADA-compliant curb ramps installed along City streets;

(e)

Crosswalk and intersection improvements;

(f)

Percentage of transit stops accessible via sidewalks and curb ramps;

(g)

Rate of crashes, injuries, and fatalities by mode; and

(h)

Rate of children walking or bicycling to school.

Unless otherwise noted above, within six months of ordinance adoption, the City shall create individual numeric benchmarks for each of the performance measures included as a means of tracking and measuring the annual performance of the ordinance. Quarterly reports shall be posted online for each of the above measures.

§ 285-49 Clear vision at intersections.

Clear vision shall be maintained on corner lots in a triangle formed by the street lines of such lots to a point 35 feet from the intersection and a line connecting those points. Within that area no fence, wall, hedge, screen planting, bushes or shrubbery shall be permitted higher than two feet above the average finished grade of the lot. Trees shall be permitted within the area only if maintained and trimmed so that no branches or foliage is less than eight feet above the average finished grade of the lot.

§ 285-50 Widening of right-of-way.

Where a building lot has frontage on a street which is proposed for right-of-way widening, the required front setback shall be measured from such proposed right-of-way line.

§ 285-51 Lots in more than one district.

All the uses, buildings and facilities, yards, open space, off-street parking and required landscaping must be contained within the district in which the use is permitted.

§ 285-52 Corner and through lots.

The locations of all buildings on corner lots and on lots extending between two parallel streets shall comply with the following requirements: any yard fronting on an improved street shall be a front yard, one other yard shall be a rear yard, and any other yards shall be a side yard.

§ 285-53 Creation of new lot.

When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of this chapter, either with respect to any existing structures or use or any proposed structures or use.

§ 285-54 Travel trailers.

Except as permitted by § 285-61, Temporary uses and structures, no person shall use or occupy any travel trailer, tent trailer, tent or motor home for living or sleeping quarters within Cohoes for more than five days per calendar year.

§ 285-55 Kennels.

Kennels shall be subject to the following requirements:

Demonstration that the kennel will not create nuisance conditions for adjoining properties due to noise or odor.

Demonstration that all animals will be confined to the property.

Demonstration of adequate methods for sanitation and sewage disposal.

Every kennel and its associated outside dog runs shall be located at least 200 feet from the nearest dwelling (other than the owner or user of the property) and at least 100 feet from any lot line.

§ 285-55.1 Beekeeping.

[Added 4-28-2020 by L.L. No. 3-2020]

The keeping of bees is subject to the following:

No person is permitted to keep more than the following numbers of colonies on any lot within the City:

Less than 4,000 square feet: no colonies permitted;

Between 4,000 square feet and 1/2 acre: two colonies;

Between 1/2 acre and 3/4 of an acre: four colonies;

Between 3/4 of an acre and one acre: six colonies;

Between one acre and five acres: eight colonies;

Larger than five acres: no restriction.

No beehive shall be kept in a front or side yard. The front of any beehive shall face away from the property line of the residential property closest to the beehive.

No beehive shall be located within 20 feet of any lot line except when situated eight feet or more above the grade immediately adjacent to the grade of the lot on which the hives are located or when situated less than eight feet above the adjacent existing lot grade and behind a solid fence or hedge six feet high parallel to any lot line within 20 feet of a hive and extending at least 20 feet beyond the hive in both directions.

Colonies shall be kept in hives with removable frames which shall be kept in sound and usable condition.

Each beekeeper shall ensure that a convenient source of water is available to the colony so long as colonies remain active outside of the hive.

Each beekeeper shall maintain their beekeeping equipment in good condition, including keeping the hives painted if they have been painted, and securing unused equipment from weather, potential theft or vandalism and occupancy by swarms. It shall not be a defense to this section that a beekeeper's unused equipment attracted a swarm and that the beekeeper is not intentionally keeping bees.

§ 285-55.2 Chickens.

[Added 4-28-2020 by L.L. No. 3-2020]

The keeping of chickens is subject to the following:

Property owners who wish to keep chickens must apply for a license from the Zoning Officer. Any license issued shall be effective for a one-year period.

Tenants who wish to keep chickens must apply for a license jointly with the property owner.

The Zoning Officer may deny the application for a license for failure to meet any of the requirements set forth herein, or for public health, safety and welfare reasons related to the application or the property, or on the basis of prior violations of this section by the applicant.

In an event that the application for a license is denied by the Zoning Officer, the applicant may appeal to the Zoning Board of Appeals within 30 days of such denial, setting forth grounds upon which the applicant believes that the application should have been granted. The Zoning Board of Appeals shall approve or deny the application on the same or other grounds related to the provision of this subsection, or public health, safety and welfare within 60 days of the date that the appeal is filed.

A license to keep chickens is specific to the license holder and the location listed on the application. A person wishing to move chickens to a different property shall obtain a new license. A new resident of a property who intends to keep chickens shall obtain a new license regardless of whether chickens were kept on the property or continue to be kept on the property.

Approval of a license to keep chickens authorizes the license holder to keep the number of chickens in the manner described on the application. Any significant change to the manner of keeping said chickens shall require a new license.

All chicken-keeping license applications shall include:

The applicant's name and address and interest in the subject property;

The owner's name and address, if different from the applicant, and the owner's signed consent to the filing of the application;

The street address or legal description of the subject property;

An application for site plan approval, as required by Article XIV of this chapter;

The number of chickens that will be kept;

A description of the enclosure and chicken house, including materials used and cubic footage;

A description of the means in which food will be stored; and

If chickens will be culled on the property, location and description of the facilities used in the process.

Roosters are not permitted.

Up to six chickens may be kept on a lot between 5,000 and 10,000 square feet, with one additional chicken being permitted for every additional 1,000 square feet over 10,000 square feet.

The coops or cages housing the chickens may not be in the front or side yard areas and shall not be located within 10 feet of any property line.

Chickens shall be kept in a covered, predator-proof chicken house that is thoroughly ventilated, of sufficient size to allocate 10 square feet for each chicken and must comply with all applicable building codes of the City of Cohoes.

No chicken shall be kept in a manner as to create noxious odors or noise of a loud, persistent and habitual nature.

Chickens shall be secured within the enclosure from sunset to sunrise.

Chicken enclosures and houses must always be kept in a neat and sanitary condition and must be cleaned on a regular basis to prevent offensive odors.

Chickens shall have continuous access to adequate food and water.

Stored food must be kept in a rodent- and predator-proof container.

Chickens shall be maintained in a healthy condition. All chickens shall either receive appropriate medical care or be culled in accordance with all federal, state, and local laws.

The raising of chickens in the City of Cohoes shall only be for personal use.

§ 285-56 Dumping of waste material.

Dumping, piling or accumulation of refuse, garbage (other than in closed containers which are regularly emptied in a lawful manner), waste material, scrap or other noxious substances is prohibited.

§ 285-57 Quarries and pits; filling and excavating.

Any excavation or filling, including removal of topsoil, shall require site plan review by the Planning Board in accordance with the requirements of Article XIV.

Placement of fill must be in accordance with Planning Board approved site plans, particularly sections in relation to drainage, erosion control and flood hazard prevention. Installation or improvement of natural or constructed drainage channels may be required to assure adjacent property owners are not negatively impacted by fill activities.

Any grade alteration, which involves removal of vegetation, but no built improvements on an area greater than 5,000 square feet, shall be seeded to provide an effective cover crop within the first season after initiation of the grade change operation.

Only unregulated fill materials, such as uncontaminated soil, asphalt, brick, stone, concrete, glass and organic debris from the premises, may be used in such fill activities.

Rock and stone crushing and mixing stone or gravel with asphaltic oils or other binders shall be prohibited in all districts except Industrial Districts and shall be permitted in an Industrial District only upon the issuance of a special use permit. However, the above shall not prevent issuance by the Planning Board of a temporary permit, under § 285-61, for a mixing plant in connection with a particular construction project for the period of its construction.

A quarry for the removal of stone, or a sand or gravel pit shall be prohibited in all districts.

Grade alteration required fee. The application submitted to the Planning Board shall be accompanied by a receipt stating that payment has been made in full to the Treasurer, City of Cohoes. The fee schedule is provided in Chapter A290 of the City's Code, and is available at the City Clerk's office.

§ 285-58 Outdoor storage of materials and equipment.

No material of any kind shall be stored outdoors in any zoning district, except on a one- or two-family lot unless:

Allowed as part of an approved site plan;

Used in the construction or alteration of a structure on the same lot or in the same development and stored for not more than one year or not more than 60 days after completion of construction, whichever is less; or

Such outdoor storage is limited to machinery, equipment or supplies essential to the operation of a farm or storage of any products grown on the premises of a farm or nursery.

No more than one unregistered, unlicensed motor vehicle is allowed to be stored outside on any lot except in accordance with § 285-69, Motor vehicle fueling, service, sales or repair establishments.

No front yard or driveway shall be used for any open storage or other storage of boats, motor homes, camping trailers, utilities trailers or other similar equipment.

All enclosed storage shall be within structures which meet the requirements of the New York State Uniform Fire Prevention and Building Code. Storage in manufactured homes not connected to public utilities or in tractor-trailer bodies is not allowed in any district.

No outdoor storage shall occur within 100 feet of a Single-Family Residential or Multifamily Residential District. Outdoor storage shall provide a combination of distance and appropriately dense plantings or setback from residential or transitional uses or districts.

§ 285-59 Fences, walls and other structural screening elements.

A building permit is required prior to installation of a fence unless prohibited by the New York State Agriculture and Markets Law.

Any fence shall have its most pleasant or decorative side facing the adjacent properties. The fence posts and other supporting structures of the fence shall face the interior of the area to be fenced.

The height of all fences shall be measured from the average finished grade of the lot at the base of the fence to its highest point.

Fences six feet of less in height are exempt from the setback requirement. Higher fences shall require site plan approval by the Planning Board in accordance with Article XIV and must be set back from the property line. In no case shall the height of a fence exceed its setback from an adjacent lot. All fences must provide adjacent property owners sufficient space to access their property for maintenance and repair. Under no circumstances shall a fence limit access to utilities.

Fences incorporating barbed wire, electric current or similar materials or devices shall be allowed only when necessary for public utility operations and shall be subject to a minimum ten-foot setback, and shall include cautionary signage.

The Planning Board, as part of subdivision or site plan review, may require a fence or other screen to shield adjacent residences or other uses from undesirable views, noise or light.

Fences shall be maintained to provide functional, visual and structural integrity.

Fences designed to maim or injure prospective intruders are prohibited except as authorized in Subsection E above.

All fences shall be in compliance with § 285-49 regarding clear vision at intersections.

§ 285-60 Fire escapes.

Nothing herein contained shall prevent the projection of an open fireproof escape into a rear or side yard for a distance up to eight feet.

§ 285-61 Temporary uses and structures.

Temporary use permits may be issued by the Zoning Officer for a period not exceeding six months for nonconforming uses incident to renovation and/or construction projects affecting greater than 50% of the total square feet of an entire dwelling unit or building, including such structures and uses as the storage of building materials and machinery, the processing of building materials, a real estate office located on the tract being offered for sale or a temporary dwelling, such as a recreational vehicle with appropriate provisions for water supply and sewage disposal used during construction of a dwelling, provided that such permits are conditioned upon agreement by the owner or operator to remove the structure or structures or use upon expiration of the permit or issuance of any applicable certificate of occupancy. Such permits may be renewed upon application to the Zoning Officer for additional periods not exceeding six months.

§ 285-62 Private swimming pools.

[Amended 5-28-2019 by L.L. No. 1-2019]

The following shall apply to private swimming pools:

A building permit is required prior to installation and/or construction of a swimming pool.

Private swimming pools shall be allowed to be installed on any parcel with a residential use including single-family, two-family, and multifamily.

Private swimming pools and their related equipment and appurtenances including, but not limited to, decks and fencing shall be set back a minimum of 50 feet from the front property line, 10 feet from the side property lines, and 10 feet from the rear property line.

Private swimming pools shall be an accessory use to the principal residential use.

Residential swimming pools shall comply with New York State Uniform Fire Prevention and Building Code Regulations.

Property owners who install a private swimming pool on their property shall maintain appropriate homeowner's insurance and provide a copy of such homeowner's insurance to the City of Cohoes for the duration of time that the private swimming pool remains on the property.

§ 285-63 Home occupations.

The following shall apply to home occupations:

The occupation or profession shall be carried on wholly within the principal building, unless the Planning Board grants a special use permit to allow the home occupation in an accessory building, subject to the requirements of § 285-20D.

No more than two persons not residing in the household shall be employed in the home occupation.

There shall be no exterior display, other than a sign, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building.

No offensive odor, noise, vibration, smoke, dust, heat or glare shall be produced, nor will the storage or handling of hazardous material be allowed.

No more than 40% of the floor area of the residence will be allowed for the use of the home occupation.

§ 285-64 Multifamily dwellings.

The following shall apply to multifamily dwellings:

Driveways for ingress and egress shall be as required by the City of Cohoes.

The minimum distance between buildings in a multifamily development shall be 10 feet. No multifamily dwelling or required recreation area shall be closer to a preexisting single-family or two-family dwelling than 20 feet.

Parking areas may be located in any yard other than the front yard, but no closer than 10 feet to any property line, and shall comply with all other regulations of the district in which the use is located.

Each multifamily dwelling development shall provide a recreation area or areas furnished with suitable equipment at a standard of 100 square feet for each dwelling unit, with a minimum of 1,600 square feet per area.

Multifamily dwellings must be served by public water and sanitary sewers.

Development applications for multifamily dwelling units shall be subject to site plan review by the Planning Board in accordance with Article XIV.

No multifamily building shall contain more than 10 dwelling units.

§ 285-65 Accessory dwelling units.

The following shall apply to accessory dwelling units:

The owner(s) of the lot upon which the accessory dwelling unit is located shall reside within the principal or accessory dwelling unit.

A homeowner of a lawful single-family use shall be permitted one accessory dwelling unit.

An accessory dwelling unit may be located either in the principal building or in an accessory building.

The area for an accessory dwelling unit shall not exceed 40% of the area of the principal dwelling unit.

§ 285-66 Double-wide mobile homes and mobile home parks.

All double-wide mobile homes and preexisting single-wide replacements installed and occupied pursuant to this section shall conform to the New York State Uniform Fire Prevention and Building Code.

All mobile homes installed and occupied pursuant to this section shall also comply with such additional construction regulations as may be adopted by resolution of the Common Council.

All double-wide mobile homes and single-wide replacements must be skirted prior to the issuance of a certificate of occupancy.

The minimum size of a mobile home park shall be five acres.

The minimum size of a lot in a mobile home park shall be 6,000 square feet.

Minimum required setbacks:

Front: 100 feet from an interior road.

Side: 30 feet.

Rear: 100 feet.

No mobile home or communal recreation area in a mobile home park shall be located within 50 feet of a preexisting single-family or two-family.

Private roads providing access to individual lots in a mobile home park shall have a pavement as required by the City of Cohoes Department of Public Works.

Every mobile home park shall provide common recreational open space furnished with suitable equipment at a standard of 100 square feet per dwelling unit, with a minimum area of 16,000 square feet per area.

Mobile home parks shall be served by public water and sanitary sewers.

§ 285-67 Fairs, carnivals and circuses.

On the premises of a building occupied by a church, civic organization or similar nonprofit group in any district, a permit may be issued under the terms for a special use permit, § 285-20D, for a fair, carnival or circus for a period not to exceed three days in any calendar year.

§ 285-68 Drive-in facilities.

The following shall apply to drive-in facilities:

All vehicle stacking areas shall be clearly identified through the use of pavement markings, signs and/or curbing and landscaping features and shall be designed so that they do not interfere with safe pedestrian and vehicle circulation on the site or along the public right-of-way.

The length of stacking areas shall be determined by the maximum length of stacking required to serve vehicles during the facilities' peak hour of operation.

All drive-in establishment vehicle stacking areas shall be located a minimum of 30 feet from any lot line adjoining a residential or transitional district.

Any speaker system installed as part of the drive-in establishment shall be located a minimum of 30 feet from any property line adjoining a residential property.

§ 285-69 Motor vehicle fueling, service, sales or repair establishments.

The following shall apply to motor vehicle fueling, service, sales or repair establishments.

In addition to the information required for site plan review as specified in Article XIV, the site plan submitted shall also show the location and number of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps to be installed and the type of structure and accessory buildings to be constructed.

All fuel pumps shall be located at least 25 feet from any street or property line.

The entire area of the site traveled by motor vehicle shall be hard-surfaced.

Any repair of motor vehicles shall be performed in a fully enclosed building, and no motor vehicle shall be offered for sale on the site, except in accordance with an approved site plan. No motor vehicle parts or partially dismantled motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed building.

Up to five unlicensed motor vehicles may be temporarily stored, for not exceeding two months, at a repair or service establishment if adequate off-street parking spaces are available.

Accessory goods for sale may be displayed outdoors on the pump island and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be placed on the respective island if provided for in a suitable stand or tank.

No motor vehicle establishment with fuel-dispensing equipment shall be located within 300 feet of any public entrance to a church, school, library, hospital or charitable institution. Such distance shall be measured in a straight line from said public entrance to the lot line nearest said entrance along the street line.

§ 285-70 Incentive zoning.

Intent. The purpose of the system of incentive zoning shall be to advance the City's specific physical, cultural and social policies in accordance with the City's Comprehensive Plan, as defined in Article 3 of the New York State General City Law and in coordination with other community planning mechanisms or land use techniques.

Applicability. Incentives may be offered to applicants who offer an acceptable amenity to the community in exchange for the incentive in accordance with this section of the chapter.

Allowable amenities. The selection of land or other amenities within a parcel to be considered for incentive zoning shall be made by the applicant and subject to the approval of the Planning Board. The proposed amenity and incentive shall be subject to the approval of the Common Council. The proposed amenity shall be in direct proportion to the proposed incentive. The following amenities may be accepted by the Common Council:

Permanent conservation of natural areas.

Provision of passive/active open space.

Infrastructure improvements.

Provision of trail linkages.

Preservation of scenic views.

Provision of cross-access easement or shared access.

Streetscape improvements that promote and benefit multiple forms of transportation.

Public access to the river for motorized and nonmotorized recreation.

Allowable incentives. The following incentives may be granted by the Common Council to the applicant on a specific site:

Increases in density.

Changes in setback or height standards.

Permitted districts. Incentive shall be allowed in all zoning districts as defined on the official Zoning Map, with the exception of the LC District. The Common Council determined these districts contain adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection. Further, the Common Council determined that there will be no significant environmentally damaging consequences, low-income residents will not be adversely affected, and that such incentives and bonuses are compatible with development that is permitted.

Criteria and procedure for approval. Applications for incentives in exchange for amenities shall be submitted to the Common Council of the municipality in which the property is located.

In order to preliminarily evaluate the adequacy of amenities to be accepted in exchange for the requested incentive, the following information shall be provided by the applicant:

The proposed amenity.

The value of the proposed amenity.

A narrative which:

Describes the benefits to be provided to the community by the proposed amenity.

Provides preliminary indication that there are adequate sanitary sewers, water, transportation, waste disposal and fire protection facilities in the zoning district in which the proposal is located in order to accommodate additional demands, if any.

Explains how the proposed amenity promotes implementation of physical, environmental or cultural policies articulated in approved plans.

[4]

Describes the requested incentive and its value.

The proposal shall be referred to the Planning Board for review. The Planning Board will then report to the Common Council with its evaluation of the adequacy with which the amenity(s)/incentive(s) fits the site and how it relates to adjacent uses and structures. The Planning Board's review shall be limited to the planning, design and layout considerations involved with project review or such other issues as may be specifically referred by the Common Council.

The Common Council will review the Planning Board's report. The Common Council will notify the applicant as to whether it is willing to further consider the proposal and hold a public hearing in accordance with § 81-d(3)(g) of General City Law.

All applicable requirements of the State Environmental Quality Review Act (SEQRA) shall be complied with as part of the review and hearing process. In addition to other information that may be required as part of the environmental assessment of the proposal, the assessment shall include verification that the zoning district in which the proposal is to be located has adequate sanitary sewer, water, transportation, waste disposal and fire protection facilities to:

Serve the remaining vacant land in the district as though it were developed to its fullest potential under the district regulations in effect at the time of the amenity/incentive proposal.

Serve the on-site amenity and incentive, given the development scenario described in Subsection F(4)(a) above.

Following the hearing and in addition to compliance with all SEQRA requirements, the Common Council shall, before taking action, refer the proposal for review and comment to other governmental agencies as may be required and may refer the proposal to other boards and officials for review and comment. In order to approve an amenity/incentive proposal, the Common Council shall determine that the proposed amenity provides sufficient public benefit to act on an application for site plan or subdivision approval pursuant to applicable regulations.

Following preliminary plan approval and subject to meeting all conditions imposed on the preliminary plan, including all documentation required by the City Attorney and Common Council on the amenity, the applicant may submit a final plan to the Common Council for review and approval.

Cash payment in lieu of amenity. If the Common Council finds that a community benefit is not suitable on-site or cannot be reasonably provided, the Common Council may accept a cash payment in lieu of the provision of the amenity. These funds shall be placed in a trust fund to be used by the Common Council exclusively for amenities specified prior to acceptance of funds. Cash payments in lieu of amenities are not to be used to pay general and ordinary governmental operating expenses.

The Common Council may determine that incentive zoning may not be appropriate for an amenity or for a cash payment in lieu of amenity, and may deny the request.

§ 285-71 Performance standards.

Applicability.

Planning Board action. All uses subject to the requirements of this section may be established and maintained if their operation is approved by the Planning Board as being in conformance with the standards and regulations limiting dangerous and objectionable elements, such as dust, smoke, odor, fumes, noise or vibration. In approving the site plan, the Planning Board shall decide whether the proposed use will conform to these applicable performance standards or any additional performance standards required by state or federal laws or which are generally recognized performance standards for a given industry.

Use subject to the performance standards procedures.

All uses subject to site plan review must comply with these performance standards.

In addition, if the Zoning Officer has reasonable grounds to believe that any other existing or proposed use violates any of the performance standards, such proposed use may be required to certify compliance with these performance standards or such existing use may be cited for violation of these regulations.

Performance standards procedures.

The Zoning Officer, as part of the sketch plan conference, shall tentatively identify whether a proposed use will be required to certify compliance with any of the performance standards listed in this section. Certification may require signing a written statement or presentation of construction detail and a description of the specifications for the mechanisms and techniques to be used in restricting the emissions of any dangerous and objectionable elements. The applicant shall also file with such plans and specifications an affidavit acknowledging understanding and stating agreement to conform to the same at all times. Any information which is designated by the applicant as a trade secret and submitted herewith will be treated as confidential under provisions of the New York State Freedom of Information Law. During the course of site plan review, the Planning Board will determine if the applicant's proposal falls within the performance standards.

Vibration.

No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or beyond the lot lines, nor shall any vibrations produced exceed 0.002 g peak at up to a frequency of 50 cycles per second, measured at or beyond the lot lines using either seismic or electronic vibration measuring equipment.

Vibrations occurring at higher than a frequency of 50 cycles per second or a periodic vibration shall not induce accelerations exceeding 0.001 g. Single-impulse periodic vibrations occurring at an average interval greater than five minutes shall not induce accelerations exceeding 0.01 g.

Noise.

The maximum decibel level radiated by any use or facility at any lot lines shall not exceed the values in the designated octave bands given in Table I. The sound-pressure level shall be measured with a second-level meter and associated octave-band analyzer conforming to standards prescribed by the American Standards Association.

Table I
Frequency Band (cycles per second)	Maximum Permitted Sound-Pressure Level (decibels)
0 to 75	69
75 to 150	60
150 to 300	56
300 to 600	51
600 to 1,200	42
1,200 to 2,400	40
2,400 to 4,800	38
4,800 to 10,000	35

(American Standard Sound-Level Meters for Measurement of Noise and Other Sound, Z24.3-1944, American Standards Association, Inc., New York, and American Standard Specifications for an Octave-Band Filter Set for the Analysis of Noise and Other Sound, Z24.10-1953, American Standards Association, Inc., New York, New York, shall be used.)

Where any use adjoins a residential or transitional district at any point at the district boundary, the maximum permitted decibel levels in all octave bands shall be reduced by six decibels from the maximum levels set forth in Table I.

Smoke. The density emission of smoke or any other discharge into the atmosphere during normal operations shall not exceed visible gray smoke of a shade equal to or darker than No. 2 on the standard Ringelmann Chart. (A Ringelmann Chart is a chart published by the United States Bureau of Mines, which shows graduated shades of gray for use in estimating the light-obscuring capacity of smoke.) These provisions applicable to visible gray smoke shall also apply to visible smoke of a different color but with an apparent equivalent capacity.

Odor. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air emitted to four volumes of clean air. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. There is hereby established, as a guide in determining such quantities of offensive odors, in Table III, Odor Thresholds, in Chapter 5 of the Air Pollution Abatement Manual, Copyright 1959, by the Manufacturing Chemical Association, Inc., Washington, D.C., as said manual and/or table is subsequently amended.

Fly ash, dust, fumes, vapors, gases and other forms of air pollution. No emission shall be permitted which can cause any damage to health, animals, vegetation or other forms of property or which can cause any excessive soiling at any point beyond the boundaries of the lot. The concentration of such emission on or beyond any lot line shall not exceed 0.1 the maximum allowable concentration set forth in § 12-29 of the Board of Standards and Appeals of the New York State Department of Labor, effective October 1, 1956, and any subsequent standards.

Electromagnetic radiation. It shall be unlawful to operate or cause to be operated any planned or intentional source of electromagnetic radiation which does not comply with the current regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation, regulations of the Interdepartmental Radio Advisory Committee shall take precedence over the regulations of the Federal Communications Commission. Further, said operation in compliance with the federal regulations shall be unlawful if such radiation causes an abnormal degradation in performances of other electromagnetic radiators or electromagnetic receptors of quality and proper design because of proximity, primary field, blanketing, spurious reradiation, harmonic content or modulation of energy conducted by power or telephone lines. The determination of abnormal degradation in performance and of quality and proper design shall be made in accordance with good engineering practices, as defined in the latest principles and standards of the American Institute of Radio Engineers and the Electronic Industries Association. In case of any conflict between the latest standards and principles of the above groups, the following precedence in interpretation of the standards and principles shall apply: American Institute of Electrical Engineers; Institute of Radio Engineers; and Electronic Industries Association.

Radioactive radiation. No activities shall be permitted which emit dangerous radioactivity at any point beyond the property lines. The handling of such radioactive materials, the discharge of such materials into the air and water and the disposal of radioactive wastes shall be in conformance with the regulations of the Nuclear Regulatory Commission as set forth in Title 10, Chapter 1, Part 20, as amended, and all applicable regulations of the State of New York.

(9)

Heat. Heat emitted at any or all points shall not at any time cause a temperature increase on any adjacent property in excess of 5° F., whether such change is in the air or on the ground, in a natural stream or lake or in any structure on such adjacent property.

(10)

Glare.

Direct glare. No such direct glare shall be permitted, with the exception that parking areas and walkways may be illuminated by luminaires so hooded or shielded that the maximum angle of the cone of direct illumination shall be 60° drawn perpendicular to the ground, and with the exception that such angle may be increased to 90° if the luminaire is less than four feet above ground.

Indirect glare. Indirect glare shall not exceed that value which is produced by an illumination of the reflecting surface, not to exceed 0.3 footcandle (maximum) and 0.1 footcandle (average). Deliberately induced sky-reflected glare, as by casting a beam upward for advertising purposes, is specifically prohibited.

(11)

Liquid or solid waste. No discharge of any materials of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or offensive elements shall be permitted at any point into a public sewer or stream or into the ground, except in accord with standards approved by the State and Albany County Departments of Health and local ordinances. There shall be no accumulation of solid wastes conductive to the breeding of rodents or insects.

(12)

Stormwater. For all developments disturbing more than one acre, the New York State Department of Environmental Conservation (NYSDEC) requires that municipalities receive a copy of the stormwater pollution prevention plan (SWPPP) prior to plan approval. The owner is required to comply with the NYSDEC's SPEDES General Permit for Stormwater Discharge from Construction Activity Permit No. GP-02-01.

§ 285-72 Mineral and natural gas resource extraction.

Mineral and natural gas extraction will be in accordance with New York State Consolidated Laws, Article 23, Mineral Resources.[1] In addition, City and county site plan review and county approval are required.

Editor's Note: See Article 23 of the Environmental Conservation Law.

§ 285-73 Parking.

Parking will only be allowed in driveways and on streets, and will not be allowed on front yards, designated curbs, between the curb and sidewalk, or sidewalks. See also Article X, Off-Street Parking and Loading Regulations.

§ 285-74 Storage containers.

Authority of Code Enforcement Officer. The Code Enforcement Officer is hereby authorized to issue licenses for temporary storage containers pursuant to this chapter. The Code Enforcement Officer shall provide forms for applicants and shall have the authority to revise or amend said forms at any time.

License required; application.

Every person, firm, corporation, or legal entity who wishes to place a temporary storage container at any location within the City of Cohoes shall be required to obtain a license from the Code Enforcement Officer in any of the following circumstances:

When the container is manufactured and designed to be transported, serviced, and/or manipulated by motorized or mechanical apparatus, except when such container is designed exclusively for frequent curbside pickup as part of a residential use.

When the container is placed on private property for more than 30 days. (Containers placed at locations for less than 30 days must be reported and registered with the Office of Building and Planning.)

Obtaining said license shall be the responsibility of the person, firm, corporation or legal entity that owns or occupies the premises on which the container is to be placed.

Application for such license shall be made on forms provided by the Code Enforcement Officer. Each application shall state:

The name, address and phone number of the applicant.

If the applicant is an agent, the name, address and phone number of the person, firm, corporation or legal entity that he or she represents.

The area or areas within the City where the applicant wishes to place one or more temporary storage containers.

(d)

A detailed description of each temporary storage container applied for, including each container's height, weight, square footage, length, and width.

(e)

The location of each proposed temporary storage container, including a drawing or map showing the location of nearby buildings, sidewalks, streets, alleys, and other public ways.

(f)

The period of time each temporary storage container shall remain in place.

(g)

Any other information as may be required by the Code Enforcement Officer to properly and adequately review the application.

Each application shall be accompanied by the required license fee.

The Code Enforcement Officer shall have the authority to reject any application that presents, in his or her judgment, a dangerous or hazardous situation to any person or persons or to the public or violates any provisions of this Code, including but not limited to setback requirements. In rejecting any such application, the Code Enforcement Officer shall state the reasons for rejection.

Each application shall contain proof that the applicant has in effect commercial general liability insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate, naming the City of Cohoes as additional insured. Each applicant shall also execute a hold harmless agreement indemnifying the City against loss, including costs and expenses, resulting from injury to person or property as a direct or indirect result of his or her enterprise.

Placement on public property is strictly prohibited. Any application to place a temporary storage container in any public street, sidewalk, highway, public place, or public way, or on any property owned by the City of shall be denied.

Exemptions. A license for a temporary storage container shall not be required under this chapter when:

The container is no larger than 100 gallons in volume (or if several containers are used, they total not more than 100 gallons in volume), is placed only on private property and is used exclusively for the regular and ordinary collection and removal of garbage and refuse produced by a residence located on the same lot or parcel as the container.

The container is placed on private property for not more than seven days over a period of six consecutive months.

The container is placed by an agency of federal, state, or local government.

The container is placed on private property in an area entirely concealed from view.

License fees. The fee for each individual unit shall be $15 for the first month and $15 for each additional month or part of a month that the temporary storage container remains on the property.

Issuance of licenses; contents.

Upon a finding that all requirements under this chapter have been met, the Code Enforcement Officer may issue a license to the applicant. The Code Enforcement Officer shall have the authority to impose reasonable conditions upon the placement and/or use of any temporary storage container.

Each license shall contain a statement that the licensee shall authorize the City of Cohoes, and/or its officials, representatives, and employees, to remove the licensed temporary storage container or containers, without notice to the licensee, in any event of public emergency.

Any license may be amended or renewed upon proper application to the Code Enforcement Officer.

Removal; penalties for offenses.

The Code Enforcement Officer may cause any temporary storage container placed in violation of this chapter or in violation of the terms of any issued license to be removed. Such removal may be effected without notice when the Code Enforcement Officer determines, in his/her sole discretion that the container presents an imminent danger or hazard to a person or persons or to the public. The Code Enforcement Officer shall, to the extent practicable, notify the licensee of the container to be removed. If the licensee cannot be located despite reasonable efforts, or if the licensee fails or refuses to remove the container within a reasonable time, the Code Enforcement Officer shall have authority to remove the container, and may cause such removed container to be stored, discarded or destroyed at the sole expense of the applicant and/or owner of the temporary storage container or sold at public auction.

Any person who violates any of the provisions of this section shall, upon conviction, be subject to the penalties as established in § 285-28 of the Code.

§ 285-74.1 Open space management.

The boundaries of designated open space areas, recreation areas, stormwater management facilities, and green space shall be clearly delineated on plans, including record plats, and marked in the field with signage approved by the Planning Board, in accordance with Article XI, to distinguish these areas from private property and to identify these areas as open space.

Development in designated open spaces in the future is prohibited. Ownership of open space shall be designated through one of the following options and shall then be approved by the Planning Board before the final subdivision plat may be recorded:

Ownership by a single subdivision property owner.

Ownership by a homeowners' association.

Ownership by a not-for-profit land conservation organization.

Ownership by the City of Cohoes.

Conservation easement.

Where the designated open space is owned by a subdivision property owner or a homeowners' association, a conservation easement shall be granted containing the restrictions on the use of the open space and recorded in favor of a not-for-profit land conservation organization or the City of Cohoes granting said organization or City the right to enforce the conservation easement by injunction or any other civil action. If the conservation easement is granted to a land conservation organization, the City shall be granted a third-party right of enforcement of the easement.

The conservation easement shall:

Contain the description of the property and recite the permitted uses approved by the Planning Board in the approval of the incentive zoning.

Prohibit the following activities:

Use of motor vehicles. Maintenance, law enforcement, emergency, and farm vehicles are permitted, as needed.

Cutting of healthy mature trees, regrading, topsoil removal, altering, diverting, or modifying watercourses or water bodies, except when such acts are in compliance with a land management plan for the tract in question, or conforming to customary standards of forestry, erosion control, and engineering practices.

Construction of roads, building lots, utility structures, driveways, or any principal or accessory structure, except for utility lines and connections previously installed.

[4]

Residential, industrial, or commercial purposes, except in connection with active agricultural, forestry, and recreational use.

[5]

Emergency training or other uses that may cause or contribute to the damage or degradation of the open space.

Provide a statement that natural features shall generally be maintained in their natural condition, but may be modified to improve their appearance, functionality, or overall condition. Permitted modifications include:

Reforestation.

Woodland management.

Meadow management.

Buffer area landscaping.

[5]

Streambank protection.

[6]

Wetlands management.

[7]

Invasive species management.

[8]

Floodplain creation.

[9]

Stormwater management.

Unless otherwise agreed to by the City of Cohoes, the cost and responsibility of maintaining the open space areas and common facilities shall be borne by the property owner, homeowners' association, or land conservancy organization holding the conservation easement.

If the open space areas and/or common facilities are not properly maintained, the City of Cohoes may exercise its rights under the conservation easement to enter upon the property and undertake the necessary maintenance and charge the property owner, homeowners' association or land conservancy organization for the costs incurred.

§ 285-74.2 Sidewalk cafes.

[Added 3-24-2020 by L.L. No. 1-2020]

Definitions. As used in this section, the following terms shall have the meanings indicated:

SIDEWALK CAFE

Any service of food and/or drink operated, in whole or in part, on a sidewalk, right-of-way, or other public property of the City of Cohoes.

Sidewalk cafe permit required. A person, firm or corporation may operate a sidewalk cafe within the City of Cohoes on any sidewalk within the public right-of-way adjacent to the applicant's place of business only upon obtaining a sidewalk cafe permit from the City Planner of the City of Cohoes.

Application for permit; fee. Each applicant for a sidewalk cafe permit under this section shall submit an application and site plan to the City Planner, together with a nonrefundable fee of $50. The applicant shall show that he/she:

Has met all the application requirements for an eating and drinking establishment license.

Has obtained the approval of the Code Enforcement Officer for any railing, flooring or other support or enclosure used in the assembly, operation or enclosure of the sidewalk cafe. No such railing, flooring or other support or enclosure shall be considered an erection of, an addition to, or a structural alteration of a building or structure unless such railing, flooring, or other support or enclosure is permanently attached to such building or structure.

Has complied with all rules, regulations and specifications promulgated by the City Planner.

Review of application.

Before any sidewalk cafe permit is issued, the application and site plan submitted to the City Planner, pursuant to this section, shall be referred to the Chief of Police and Commissioner of Public Works, who shall recommend approval, disapproval or modification of said site plan. The sidewalk cafe shall be located only in front of the establishment that is owned or leased by the licensee and shall not extend more than 60% of the total width of the sidewalk measured from the property line to the edge of the street pavement.

No signs shall be hung or attached to any portion of the sidewalk cafe, except those signs on an awning that are in compliance with provisions set forth in Article XI of this chapter.

The Fire Chief, City Planner, and Commissioner of Public Works may impose any other restriction on the location, size or design of the sidewalk cafe that, in their sole judgment, protects the health, safety and welfare of the public.

Conditions for issuance of permit. Upon approval by the City Planner of the application and site plan, the City Planner shall issue a sidewalk cafe permit, valid for a period between April 1 and October 31 of a calendar year, to the applicant upon the applicant furnishing to the City of Cohoes the following:

An agreement by the applicant to repair, at the expense of the applicant, any damage caused to the sidewalk in the operation of the sidewalk cafe. The City Planner may require a bond, in an amount to be fixed by the City Planner, to be filed by the applicant.

Proof that the applicant has been issued an eating and drinking establishment permit by the City of Cohoes.

Sidewalk cafe regulations. A sidewalk cafe authorized and operated pursuant to this section shall:

Comply with all plans submitted to and approved by the City Planner under § 285-74.2 of this article.

Serve no alcoholic beverages on or at any sidewalk cafe after 12:00 midnight or before 8:00 a.m. All service of any kind whatsoever shall cease at 12:00 midnight and not begin until 8:00 a.m.

By no later than 12:00 midnight, remove all patrons from the sidewalk cafe and, by no later than the closing of the establishment, have all furniture, utensils, containers or any other materials used in the operation of the sidewalk cafe or within the area used by the sidewalk cafe removed from the sidewalk cafe area, provided that any railing, flooring or other support or enclosure used in the assembly, operation or enclosure of the sidewalk cafe may be allowed to remain on the sidewalk area if specifically permitted in the City Planner's approval of the sidewalk cafe plans under Subsection C above. No sidewalk cafe shall remain open after 12:00 midnight.

Remove all sidewalk cafe structures by October 31 and not install prior to April 1 in any year for which a license is granted.

No music, from whatever source (acoustical, electric or other), may be played on the premises outdoors between the hours of 12:00 midnight and 8:00 a.m.

Prominently display its certificate from the New York State Department of Health.

If applicable, prominently display at all times all licenses and authorizations issued by the New York State Liquor Authority for the dispensing and sale of alcoholic beverages.

Comply with all other provisions of the Code of the City of Cohoes.

Promulgation of rules and regulations and specifications. The City Planner is hereby authorized to regulate the operation of sidewalk cafes through the promulgation of appropriate rules and regulations and specifications.

Sale and consumption of alcoholic beverages. The area encompassed within a sidewalk cafe authorized pursuant to this section shall be considered duly licensed for sale and consumption of alcoholic beverages.

§ 285-74.3 (Reserved)

§ 285-74.4 Community gardens.

[Added 4-28-2020 by L.L. No. 3-2020]

The operation of a community garden is subject to the following:

Applicants who wish to run and maintain a community garden must apply for a license from the Zoning Officer. The license shall be effective for a period of two years.

All license applications shall include:

Documentation of neighborhood support in the form of a signed letter of approval from the abutting property owners consenting to the use of the land for a community garden.

A site plan showing the proposed layout of the garden that includes the layout of plots (raised beds), water tap locations, accessory structures, fences, existing trees and roadways. Garden boundaries must meet the setbacks according to the proper zoning of the property. This site plan must be approved by the Zoning Officer prior to development.

Operating standards that address the requirements listed in subsection E of this section.

A proposed building materials list to include products intended for the design of the raised beds, fencing, and any other accessory structures.

A schedule of proposed fees to be collected from individuals wishing to use the garden.

In an event that the application for a community garden is denied by the Zoning Officer, the applicant may appeal to the Zoning Board of Appeals within 30 days of such denial, setting forth grounds upon which the applicant believes that the application should have been granted. The Zoning Board of Appeals shall approve or deny the application on the same or other grounds related to the provision of this subsection, or public health, safety and welfare within 60 days of the date that the appeal is filed.

Site users must have an established set of operating rules addressing the governance structure of the garden, hours of operation, maintenance, and security requirements; must have a garden coordinator to perform the coordinating role for the management of the community gardens and to liaise with the City; and must assign garden plots in a fair and impartial manner according to the operating rules established for that garden. The name and telephone number of the garden coordinator, or those of the leadership team members, and a copy of the operating rules shall be kept on file with the City Planning Department.

All community gardens shall adhere to the following regulations:

Garden areas shall not encroach onto adjacent properties. The cultivated areas will meet the required setback(s) for the zoning district in which the garden is located.

The land shall be served by a water supply sufficient enough to support the cultivation practices used on the site.

The site must be designed and maintained so that water and fertilizer will not drain onto adjacent property.

All seed, fertilizer, and animal feed shall be stored in a sealed, rodent-proof container and housed within an enclosed structure.

The use of insecticides, herbicides and synthetic fertilizers is strictly prohibited. Only natural organic methods and products shall be used for the treatment of nuisances and to provide plant and soil nutrition.

The sale of any product of the garden is prohibited.

All plants shall be grown in raised beds with suitable commercial-grade fabric barrier lying at the base and lower sides, to prevent disturbance of native soils and to protect new soils from contaminants. New soil should be brought to the site that is suitable for planting edible vegetation.