Clinton Town Dutchess County
City Zoning Code
City Zoning Code
ARTICLE V
Supplementary Regulations
§ 250-27 Application of regulations. [1]
In addition to the provisions set forth in the Schedule of Use Regulations,[2] the conditions set forth in the following supplemental regulations shall apply to specific uses. In all cases where this chapter requires special use permit approval, no building permit or certificate of occupancy shall be issued by the Building Inspector except by authorization from the Planning Board that all plans have been approved and that all conditions imposed by this article, and all general standards have been met (see also § 250-97B). Restrictions imposed by the definition of any item, as contained in Article VIII herein, shall also be construed as supplementary regulations to this chapter.
[2]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
§ 250-28 General performance standards. [1]
The intent of these provisions is to protect the public health, safety, and welfare by limiting conditions which are obnoxious, offensive, or hazardous to neighboring property owners. Uses established or maintained shall conform with standards contained herein, unless excepted elsewhere in this chapter, for the continuance of any certificate of occupancy or special use permit. Nothing herein shall prevent a property owner from pursuing private nuisance remedies.
Noise.
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 currently accepted standard for the measurement of sound.
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:
No person, firm or corporation shall allow the emission of sound at the property line, at levels lower than the above subsection, which is, by the type of frequent noise emitted, offensive or disruptive, or in continual disharmony with the character of the surrounding residential neighborhood. Nothing herein shall prevent, however, occasional noise from residential or agricultural uses.
No internal combustion engine shall be operated at any time without an adequate muffler designed and manufactured to suppress exhaust noises to a minimum (see also other applicable local laws of the Town of Clinton).
These noise regulations are meant to limit habitual, long-term noise violations. The Zoning Administrator and the Zoning Board of Appeals may exempt temporary or infrequent noises. The following uses and activities shall also be exempt from the noise regulations:
Noises from agricultural operations on a farm as defined herein.
Temporary construction noises between the hours of 7:00 a.m. and 8:00 p.m.
Transient noises from moving sources, such as automobiles, trucks, except those in commercial operations, and except as otherwise restricted by the laws of the Town of Clinton.
Noises from safety signals, warning devices and emergency pressure-relief valves.
The sound of bells or chimes from a church or other place of worship.
Smoke or particulate matter. Any emission of smoke or particulate matter, from any source, shall comply with all local, state and federal regulations.
Glare and heat. No unreasonable glare or heat shall be produced that is perceptible beyond the boundaries of the lot on which such use is located. All exterior lighting, including security lighting, in connection with all buildings, signs or other uses, shall be directed away from adjoining streets and properties. Special efforts shall be required, such as limiting hours of lighting or the planting of vegetation and the installation of light shields, to alleviate the impact of objectionable or offensive light and glare produced by exterior sources on neighboring residential properties or public thoroughfares. In particular, no use shall produce glare so as to cause illumination beyond the property on which it is located in excess of 0.5 footcandle.
Electromagnetic interference. No land use or operation shall be allowed which produces any perceptible electromagnetic interference with normal radio or television reception outside the boundaries of the lot on which such use or operation takes place; however, nothing herein shall be construed to apply to occasional use of farm machinery or shall be applied in any manner which is inconsistent with any state or federal regulation relating to electromagnetic interference.
Toxic or noxious matter. No land use or operation shall be permitted which permits or causes the escape of any toxic or noxious fumes, gases or other matter outside the building in which the use is conducted.
Radiation. No emission of radiation or discharge of radioactive gases, liquids or solids shall be permitted. The handling, storage or disposal of radioactive materials or waste by-products, whether or not licensed by the Atomic Energy Commission, shall be conducted only in accordance with the standards established in Title 10, Chapter 1, Part 20, Code of Federal Regulations, "Standards for Protection Against Radiation," as amended, and in accordance with any other applicable laws or regulations.
Vibration. No activity shall cause or create a steady state or impact vibration discernible at any lot line.
Liquid or 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 Dutchess County Department of Health, New York State Department of Environmental Conservation or any other regulatory agency having jurisdiction. Facilities for the storage of solid waste from any commercial or industrial activity 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.
Fire and explosion hazards. All activities involving, and all storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate firefighting and fire suppression equipment and devices standard in the industry. All applicable requirements of the New York State Uniform Fire Prevention and Building Code, DEC regulations, as well as the provisions of the National Fire Protective Association (NFPA) Code, shall be observed.
Odor. No person, firm or corporation, excluding farms and agricultural operations, shall permit the emission of any offensive odor at the property line of the lot from which the odor is emitted.
Outside storage related to commercial or industrial activities. Materials, supplies and products shall not be stored in any required setback area. All permitted outside storage areas shall be neatly kept, fenced, and screened from any existing or proposed road or any adjoining residential property.
Fences. The Planning Board may require the fencing or screening, or both, of any hazardous or potentially dangerous conditions which in the opinion of the Board might cause injury to persons or damage to property. The Zoning Board of Appeals may require appropriate fencing or screening as a condition to granting a variance.
Procedure. Complaints under the above general performance standards shall be made to the Zoning Administrator or other authorized officer. The decisions of the Zoning Administrator are subject to administrative review by the Zoning Board of Appeals.
§ 250-29 Accessory dwelling units.
Intent. Accessory dwelling units are allowed in the Town of Clinton in order to provide broader housing alternatives in a manner which does not infringe upon the character of existing neighborhoods.
General provisions. All accessory dwelling units, within the principal structure or detached, shall meet the following requirements:
Only one accessory unit is allowed per lot, and it shall be clearly subordinate to the principal use on the lot.
The lot may not be an existing nonconforming lot of less than the prescribed lot area or lot width required in the district.
No accessory unit shall be created on a lot where two or more dwellings exist in violation of the permitted density, or as a nonconforming use, in the district in which the lot is located. No accessory unit shall be created on a lot where a two-family or multifamily dwelling exists.
The owner of the single-family dwelling unit shall occupy at least one of the dwelling units.
The number of bedrooms in the unit shall not be more than two.
The accessory unit shall contain no greater than 35% of the total habitable space of the existing principal structure prior to the construction of such accessory apartment or 1,000 square feet of floor space, whichever is more restrictive. The floor space of the accessory unit shall be a minimum of 400 square feet. The area of the principal dwelling unit shall not be reduced below the area required herein (see § 250-48, Dwelling standards). "Habitable space" shall be that as defined in the NYS Uniform Fire Prevention and Building Code. If the accessory unit is larger than this size limitation and is within the principal structure, then the building is a two-family dwelling unit, and must conform to the conditions for that special use permit, including the acreage requirement. If the accessory unit is larger than this size limitation and is in a detached structure, then the new dwelling unit is a separate single-family dwelling unit, and subdivision must take place in accordance with the provisions of this chapter and Chapter 206, Subdivision of Land.[1]
The unit shall be self-contained, with separate cooking, sleeping, and sanitary facilities for use by the occupant(s).
The unit must have safe and proper means of entrance. Any additional exterior entrances which may be created shall be located at the side or rear of the structure.
No special use permit for an accessory unit shall be granted unless the applicant can demonstrate that the water supply and sewage disposal systems serving the building or buildings in question meet current County Health Department requirements and shall continue to meet such requirements. The Planning Board may require that the applicant have sufficient lot area to allow for future replacement of the septic system.[2]
Stairways leading to any floor or story above the first floor shall be located within the walls of the building wherever practical. Stairways and fire escapes shall be located on the rear wall in preference to either side wall. In no instance shall an exterior stairway or fire escape be located on any wall fronting the street.
Any legally established accessory unit that is in existence at the time of the adoption of this chapter and which fails to conform to one or more provisions of this chapter shall be subject to the provisions of Article VI, Nonconforming Uses. Any illegally established accessory unit in existence at the time of the adoption of this chapter and which fails to conform to one or more provisions of this chapter shall be in violation of this chapter and shall be brought into compliance with this chapter.
Accessory dwelling unit within principal structure. In addition to the provisions specified in Subsection B above, accessory dwelling units within or attached to a principal structure shall meet the following requirements:
The total acreage required for the single-family dwelling with the accessory dwelling unit within the principal structure is the same as the acreage required for a single-family dwelling unit in the district in which it is located, except as may be required by Subsection B(9) above.
No accessory dwelling unit within a principal structure shall be allowed in buildings issued a certificate of occupancy after the effective date of this chapter, except buildings covered by § 250-92E.
No addition to create an accessory dwelling unit within a principal structure shall be permitted unless such addition conforms to all area and bulk regulations [except as specified in Subsection C(1) above] as specified in the District Schedule of Area and Bulk Regulations included at the end of this chapter.
Accessory dwelling unit in existing gatehouse, garage, barn, or similar detached structure. An accessory dwelling unit is allowed under this subsection in a gatehouse, garage, barn or similar detached structure which may legally exist at the time the accessory dwelling unit is proposed. For the purpose of this section, any structure which does not have at least one wall in common with the principal structure is a detached structure. A common roof, patio, porch or breezeway shall not be construed as causing such an accessory structure to be within the principal building. In addition to the provisions in Subsection B above, accessory dwelling units in detached structures shall meet the following requirements:
The accessory structure must meet the minimum setback requirements established for the construction of a principal structure in the zoning district as prescribed in the Schedule of Area and Bulk Regulations.[3]
[3]
Editor's Note: The Schedule of Area and Bulk Regulations is included at the end of this chapter.
Construction associated with adaptation of buildings should be performed in a way that retains the character of the structure. The design and construction of the adaptation of the building shall be compatible with the principal structure and with the character of the neighborhood.
The total acreage required for the single-family dwelling unit with the detached accessory dwelling unit shall be twice the acreage required for a single-family dwelling in the district in which it is located.
The applicant shall acknowledge in writing to the Planning Board of the Town of Clinton, with a copy to be filed with the Zoning Administrator, the understanding that should subdivision of the parcel later be proposed, not less than the minimum specified acreages must be provided for the principal dwelling and its accessory unit, if their certificates of occupancy are to be maintained.
Accessory dwelling unit in nonresidential building.
The unit shall not exceed 50% of the total usable floor area of the commercial building.
The unit is limited to the second floor and/or to the rear of the first floor of the commercial building.
The total acreage required for the commercial building with the accessory dwelling unit within the principal structure is the same as the acreage required for the commercial use in the district in which it is located.
In no case will accessory units be allowed in the same building as any use which involves the use of noxious or dangerous chemicals, gases or other hazardous substances and materials. The Planning Board may deny a special use permit application if it determines that the primary business use may create a hazard for the accessory residential use.[4]
§ 250-30 Accessory uses. [1]
The Planning Board shall consider the impact of proposed accessory uses as part of site plan review and special use permit application. The Planning Board shall require conditions for an accessory use as would be required under this chapter for the same use as a principal use. The Planning Board shall not allow as an accessory use any use not permitted as a principal or accessory use under this chapter in the district in which the proposed use is located.
§ 250-31 Alternate care facility.
Intent. The Town of Clinton seeks to make needed alternate care facilities available and conveniently accessible without unduly disrupting the economic or social balance of the community or unduly impacting its infrastructure and ability to provide services.
General provisions.
The Community Environment Standards adopted in a Statement of Principle by the State Department of Mental Hygiene and the State Board of Social Welfare state that: "A concentration of residents in a single neighborhood would be detrimental not only to the community, but to the clients of the facility as well." To avoid a negative impact on the neighborhood as well as the residents of the alternate care facilities, the Planning Board's special use permit approval authority shall be limited to not more than one such facility within a one-mile radius.
The intended use shall be reasonably accommodated by existing community infrastructure and services.
The site plan shall be reviewed for adequacy of active and passive outdoor recreational facilities for the clients.
Any special use permit approval granted under this section is additionally subject to the licensing procedures and approvals of all appropriate state, county and regional agencies. A certificate of occupancy shall not be issued by the Building Inspector until a copy of all such approvals has been reviewed by the Planning Board.
Any increase in the resident population, change in type of population, and/or any expansion of the facilities shall require application to the Planning Board for consideration of a new or amended special use permit and shall require either approval of a site plan, or the re-examination of the existing site plan, by the Planning Board. In reviewing an application for an increase in the resident population, change in type of population, and/or any expansion of the facilities, the Planning Board shall consider the criteria specified in § 250-96 (Site plans) and § 250-97 (Special use permits), and whether there would be any significant additional adverse impacts to the surrounding neighborhood if the application is granted. A nonconforming alternative care facility shall only be permitted to expand its resident population to an amount not exceeding 50% of the resident population that existed on the effective date of this chapter.
[Amended 2-14-2023 by L.L. No. 1-2023, effective 2-21-2023]
This section shall apply to any alternate care facility that is permitted by special use permit in the underlying zoning district or that is a nonconforming use. Any alternate care facility that is a nonconforming use which is granted a special use permit or amended special use permit and receives approval of two either a site plan or an amended site plan, shall be deemed to be in compliance with § 250-80 and § 250-81A.
[Added 2-14-2023 by L.L. No. 1-2023, effective 2-21-2023]
Application requirements. The application shall be accompanied by a community impact statement providing, at a minimum, the following information for consideration by the Planning Board in its review of the special use permit application:
Specific classification or type of facility.
Names of the regulatory agencies from whom permits, licenses or approvals are required and designation of a contact person at each.
General description of client disability.
Documentation of the need for the proposed program and/or facility.
Identification of who is responsible for the financial support of the clients.
Copies of all pertinent correspondence and/or approvals between the applicant and the regulatory agencies.
Number of clients, both current and projected.
Type of employment, if any, clients will seek within the community.
Description of the plan to integrate the clients into the community socially and economically.
Number of staff employees residing on the premises, including projection of the number of school-age children who may be residing on the premises as part of staff members' families.
Number of nonresident staff employees.
Which community facilities and services clients will use within the community; i.e., police and fire protection, ambulance services, sewers, water, utilities, refuse collection, postal service, recreational facilities, etc.; how they will be provided.
Transportation plan describing how transportation will be provided.
Description of planning on-site active and passive recreational activities.
How health-related needs will be provided.
Whether any clients will become the education responsibility of the local school districts.
Local and county real property taxes for which the facility will be responsible; state how much revenue would be provided to the Town, county and the school district based on current real property tax and equalization rates.
Provide a map indicating by location and maximum resident/client population all other health-related and alternate care facilities within a radius of one mile of the facility.
§ 250-32 Animal husbandry.
The purpose of the animal husbandry section of this chapter shall be to provide opportunities for animal husbandry and to encourage 4-H projects on residential parcels in a manner which will not conflict with neighboring nonagricultural residential uses or other purposes of this chapter.
General.
All animal husbandry activities shall be conducted in accordance with the "Best Management Practices for Agriculture" guidelines as set forth by the Dutchess County Soil and Water Conservation District, and agricultural management practices recommended by Cornell Cooperative Extension to the extent permitted by this chapter.
Manure storage shall be covered or contained in a structure to prevent leaching when within 200 feet of any public water supply, lake, state-regulated wetland or neighbor's residence.
All outdoor areas used by animals shall be enclosed by fencing or other means sufficient to confine any animals or fowl to the premises.
Animal husbandry is permitted on a minimum of three acres.
Horses, cows, sheep, goats.
A minimum of two acres shall be provided for the first one such horse, pony, cow, or similar large animal which is kept, grazed, fed or cared for on the property; an additional one acre shall be provided for each additional large animal.
A minimum of one acre shall be provided for the first one such sheep, goat, fallow deer or similar medium-sized animal which is kept, grazed, fed or cared for on the property; an additional 1/3 acre shall be provided for each additional medium-sized animal.
No fenced area for such livestock shall be located within 50 feet of a neighbor's residence. All area and bulk regulations specified in the District Schedule of Area and Bulk Regulations[1] shall be observed.
[1]
Editor's Note: The Schedule of Area and Bulk Regulations is included at the end of this chapter.
Pigs, poultry, and small animals.
A minimum of two acres shall be provided for the first hog which is kept, grazed, fed or cared for on the property; an additional one acre shall be provided for each additional hog, up to a maximum acreage requirement of 50 acres.
A minimum of two acres shall be provided for each 25 adult or fully grown chickens, ducks, geese or other fowl or birds; an additional one acre shall be provided for each additional 25 such poultry, up to a maximum acreage requirement of 50 acres. For poultry operations contained completely within buildings, the acreage requirements contained in this subsection shall not apply.
No buildings or pens for the keeping of hogs or caged-type poultry shall be located within 100 feet of any property line.
Buildings or pens for the keeping of animals for fur production shall not be located within 200 feet of any property line.
Agricultural districts. Nothing herein is intended to unreasonably restrict land used in agricultural production in an agricultural district, as defined by Article 25-AA, Agricultural Districts, of the New York Agriculture and Markets Law.
§ 250-33 Bed-and-breakfast establishments.
A bed-and-breakfast establishment shall be permitted only as an accessory use of a single-family dwelling, and shall be owner-occupied.
Such establishments shall not exceed six guest bedrooms.
The proprietor may serve meals to guests. A public dining room, restaurant or bar is prohibited.
A bed-and-breakfast establishment in a residential district shall be limited to the principal dwelling unit and one accessory building.
§ 250-34 Boarding or rooming house.
The following regulations apply to boarding or rooming houses:
A boarding or rooming house, as defined in Article VIII, may have no more than four rooms for rent and a total of no more than six residents in all rooms.
One off-street parking space must be provided per bedroom intended for residents' use. The portion of a driveway behind the building line may be used in meeting this requirement.
The renting of rooms shall not include the provision of cooking facilities in rooms for residents.
Such an establishment shall be permitted only as an accessory use of a single-family dwelling, and shall be owner-occupied.
§ 250-35 Bulk fuel storage and distribution.
The storage of alcohol, gasoline, crude oil, liquefied petroleum gas or any other highly flammable liquid shall conform to all state and federal regulations and guidelines, as well as the following provisions:
Storage of such liquids in aboveground tanks in an amount greater than 550 gallons shall be permitted only when such tanks, up to and including 10,000 gallons' capacity, are placed not less than 75 feet from all property lines and when tanks of more than 10,000 gallons' capacity are placed not less than 100 feet from all property lines.
No underground storage tanks shall be installed or replaced for residential uses, unless such tanks, regardless of size, comply with all Department of Environmental Conservation regulations for tanks over 1,100 gallons.
The Planning Board may require appropriate berming, fencing, screening and landscaping for a safe and attractive installation. Any aboveground bulk fuel storage having a capacity greater than 550 gallons shall be properly diked with earthen dikes having a capacity of not less than 1 1/2 times the capacity of the tank(s) surrounded.
§ 250-36 Bus passenger shelters.
Bus passenger shelters shall not exceed 50 square feet.
No shelter shall be located closer than 10 feet to any lot line or road, which shall supersede the minimum yard requirements listed in the District Schedule of Area and Bulk Regulations.[1]
[1]
Editor's Note: The Schedule of Area and Bulk Regulations is included at the end of this chapter.
§ 250-37 Camps.
The following regulations apply to camps:
The minimum lot size of a camp shall be 10 acres.
No camp shall be operated during the months of November through March.
No structure intended for dwelling purposes, including tents, shall be closer than 200 feet to any property line or lake. Said structure shall be screened from view from adjoining properties or public highways by fences, walls, or trees and shrubs.
Each camp shall have current approval of the Dutchess County Health Department and meet other applicable regulations of this chapter.
No amplifiers or loudspeakers, of any type, shall be installed outside of any building.
No activity area or recreational facility shall be closer than 250 feet to any residential property boundary.
§ 250-38 Camping trailers and motor homes.
Camping trailers and motor homes located in a camping trailer campground shall comply with all provisions of Town of Clinton local laws and ordinances[1] and shall be subject to inspections by the Zoning Administrator, the Building Inspector, or other official authorized by the Town Board, and shall meet the following conditions:
No camping vehicle, as defined herein, of length greater than 30 feet or width greater than eight feet shall be permitted in a camping trailer campground;
No camping vehicle, as defined herein, of area greater than 256 square feet in setup mode, measured along the exterior walls at floor level, shall be permitted in a camping trailer campground.
§ 250-39 Cemeteries.
The following regulations apply to cemeteries:
No burial or memorial plots or buildings shall be located closer than 25 feet to any front lot line or right-of-way line, whichever is less restrictive.
Burial or memorial plots shall not be located within 25 feet of any side or rear property line. During site plan review, the Planning Board may require a planted buffer or other provision for visual screening from adjacent residential properties.
All burials shall be undertaken in strict accordance with applicable regulations of the New York State Department of State and the Department of Health.
§ 250-40 Churches or places of worship. [1]
Churches and other places of worship, as defined in Article VIII, shall be subject to a special use permit and site plan approval. The Planning Board shall consider the following conditions in addition to those specified in §§ 250-96, Site plans, and 250-97, Special use permits:
A church or other place of worship shall be designed to be compatible with the existing neighborhood character;
The Planning Board shall have the authority to modify the height regulations of the district and § 250-20, Height exceptions, if it finds that a taller structure would be in keeping with the character of the neighborhood and churches or other places of worship in the area;
The minimum lot size shall be five acres in the C and AR5 Districts and three acres in the AR3, MR1, CR1, RH and H districts;
Traditional accessory uses such as a parish house, meeting rooms, kitchen facilities, and classrooms shall be considered as part of the overall site plan. Any parsonage, manse or other dwelling shall be subdivided from the church and meet all dwelling requirements in the district in which it is located.
§ 250-41 Clubhouses.
The following regulations apply to clubhouses:
A hedge, fence or wall adequate for year-round screening of the clubhouse may be required by the Planning Board.
Any exterior lighting installed shall be designed to avoid nuisance to adjacent residential districts.
Specific plans for public address systems and/or lighting for outdoor recreational facilities shall be submitted to and approved by the Planning Board, including the specific hours of operation for such facilities.
§ 250-42 Cluster development, residential.
Policy and authority. It is the policy of the Town, as expressed in the Clinton Master Plan, to provide a variety of housing options, preserve open space, and harmonize new development with the traditional open, rural, wooded, agricultural, and hamlet landscapes of the Town. To that end, the Town Board of the Town of Clinton, through the adoption of this chapter, hereby adopts the provisions of § 278 of the Town Law of the Consolidated Laws of New York, and hereby grants to the Planning Board the full authority set forth in that section to modify applicable provisions of this chapter as they apply to a specific plat, but only to the extent herein permitted, including the authority to require an applicant to modify a plat in a manner consistent with the purposes and criteria of this section. The regulations contained in this section shall constitute the rules and regulations required by § 278 of the Town Law, setting forth criteria by which a cluster subdivision may be required.[1]
Purposes. This provision encourages flexibility in the design and development of land in order to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities, and to preserve as permanent open space agricultural land, important natural and cultural features, wildlife habitat, water resources, ecological systems, and scenic areas for the benefit of present and future residents.
A residential cluster development shall achieve the following purposes:
Better protection of natural and scenic resources identified in the Master Plan and this chapter than would be provided by a conventional subdivision plan;
Compatibility with surrounding land uses and the Town's traditional land use pattern in which small hamlets contrast with open space and farmlands;
Provision of adequate buffers for adjoining properties;
Contribution to Town-wide open space planning by creating a system of permanently preserved open spaces, both within large parcels of land and among such parcels throughout the Town, providing linkages between existing open apace areas and, where appropriate, linkages to hamlet areas;
Provision of a broader range of housing types and potentially lower housing prices by reducing the length of roadways and other critical infrastructure costs;
Preservation of land suitable for agriculture, particularly where development involves or borders active agricultural land or land with prime or important agricultural soils; and
Greater flexibility and creativity in the design of residential subdivisions, provided that the overall density of development is no greater than what is normally allowed in the district.
A cluster subdivision should accomplish the above purposes by reducing the lot size and bulk requirements contained in this chapter, while clustering homes in those areas where they will have the least impact on natural or cultural features. The agricultural lands, open space or sensitive areas are then permanently preserved through the use of conservation easements. The cluster principle can be applied not only to large development, but also to smaller subdivisions, enabling the subdivided lots to be smaller than the zoning would normally require, provided that compensating buildable land is placed under open space conservation easement to maintain the overall density at or below the level permitted by this chapter.
Procedure.
Any residential cluster development shall be subject to § 250-96, Site plans, and Chapter 206, Subdivision of Land. It is in the best interest of the applicant and the Planning Board to determine the applicable development pattern at the earliest possible time. If a conceptual plan application meets any of the cluster preference criteria listed in Subsection C(2) below, the Planning Board may use its authority to permit or require a residential cluster development alternative. The Planning Board may require that the applicant submit land inventory information at the conceptual plan stage to assist in making such a judgment. The Planning Board may also hold a public hearing and may refer the conceptual plan application to the Conservation Advisory Committee following the procedure in § 250-99.
An applicant for any subdivision shall provide a conceptual plan for a cluster subdivision on parcels 30 acres or larger in the C, AR5 and AR3 Districts, or 10 acres or larger in the MR1, RH and H Districts, or when some of the following objectives, in the judgment of the Planning Board, are better accomplished by a cluster subdivision as compared to a conventional subdivision with residential lots occupying most of the tract:
Preservation of contiguous prime or statewide important agricultural soils, as defined in Article VIII;
Maintenance of active agricultural land;
Protection of the ground or surface water, wetlands, steep slopes, floodplains or unique areas of natural, scenic or historical significance;
Mitigation of significant environmental impacts identified through application of the State Environmental Quality Review Act (SEQRA) requirements;
Preservation of open space views identified as important to the Town;
Reduction in the amount of new roads or driveways obtaining access from existing roads;
Reduction in the amount of new road that may be required to be dedicated to the Town;
Protection of Critical Environmental Areas designated by the Town Board;
Accomplishment of specific goals set forth in the Town's Master Plan.
An application for cluster development shall include all plans and materials required for a conventional subdivision. The maximum number of dwelling units that may be permitted and approved within a cluster development shall not exceed the number of lots shown on an approvable conceptual plat for the lot-by-lot development of the site for single-family detached dwellings. Any regulations contained in this chapter which restrict the number of single-family dwelling units permitted shall also restrict the number of dwelling units permitted in a cluster proposal or requirement, including § 250-26, Land designated as freshwater wetlands or under water. Lots shown on the conventional conceptual plat shall be fully consistent with both the lot area and bulk requirements of the zoning district in which the cluster development is proposed and the requirements of Chapter 206, Subdivision of Land, for the provision of streets and other required facilities and improvements.
Standards.
Where the cluster development results in the creation of individual lots for the development of single-family detached dwellings, the minimum lot area per dwelling unit that may be created within a cluster development shall be 1/2 acre.
All dwelling units within a cluster development shall be owner-occupied units. Wherever common property is approved as part of the cluster proposal, a homeowners' association agreement will be established under New York State law.
While attached or detached dwelling units are permissible within a cluster development, no individual structure shall contain more than four attached dwelling units in the C, AR5 and AR3 Districts, or more than six attached dwelling units in the MR1, CR1, RH and H Districts.
Common driveway access may be provided to the extent considered practical by the Planning Board. A pedestrian circulation and/or trail system shall be designed and installed sufficient for the needs of residents.
Maximum structure height within a cluster development shall be restricted to 35 feet.
The minimum separation distance between individual residential structures within a cluster development shall be 50 feet in the C, AR3 and AR5 Districts, and 25 feet in the MR1, CR1, RH and H Districts.
The minimum front yard setback from the center line of a public roadway shall be no less than the normally applicable setback requirement in the district in which the property is located. Any other area and bulk regulations shall be determined by the Planning Board in the site plan review process.
Water supply and sewage disposal facilities shall be designed by a licensed engineer for any such residential cluster development in accordance with the requirements of the Town of Clinton and the Dutchess County Health Department. Underground facilities may be located in areas to be set aside as permanent open space.
Common open space totaling not less than 60% of the total cluster development site in the C and AR5 Districts, or 40% of the total cluster development site in the AR3, MR1, CR1, RH and H Districts, shall be provided in perpetuity as part of the cluster development. A plan for maintenance or landscaping of the common open space area shall be reviewed and approved by the Planning Board. No portion of this minimum required open space shall be utilized for roads, driveways, utility structures, or similar features.
Open space land may be owned in common by a homeowners' association, held in private ownership subject to a permanent conservation easement or dedicated to the Town if such agreement is approved by the Town Board. If owned by a homeowners' association, the common open space land shall be protected by conservation easement from future subdivision and development. The Planning Board shall assure that proper provision has been made for ownership and maintenance of open space land, roadways and other improvements. Ownership shall be structured in such a manner that real property taxing authorities may satisfy property tax claims against the open space lands by proceeding against all individual owners in the homeowners' association and the dwelling units they each own. Ongoing maintenance standards shall be established, enforceable by the Town against an owner of open space land as a condition of subdivision approval, to assure that the open space land does not detract from the character of the neighborhood. Maintenance standards may include the obligation to mow open fields to maintain their scenic character or agricultural potential.
A perpetual conservation easement leaving the open space land forever wild or limiting use of such land to agricultural, managed forest land, passive recreational or open space use, or to the residential use specified as part of the plan, and prohibiting institutional, industrial or commercial use of such open space land, pursuant to § 247 of the General Municipal Law and/or §§ 49-0301 through 49-0311 of the Environmental Conservation Law, may be granted to the Town, with the approval of the Town Board, or to a qualified not-for-profit conservation organization acceptable to the Planning Board. Such conservation easement shall be reviewed and approved by the Planning Board and shall be required as a condition of plat approval under Chapter 206, Subdivision of Land. The conservation easement shall not be amendable to permit commercial, industrial, institutional or further residential development, and shall be recorded in the Dutchess County Clerk's office simultaneously with the filing of an approved cluster subdivision plat.
The open space land shall be shown on the plat map and shall be labeled in a manner to indicate that such land is not to be further subdivided for building lots and is permanently reserved for open space purposes. Residential structures and buildings accessory to noncommercial recreation, conservation, or agriculture may be erected on this land, subject to the cluster development plan and § 250-96, Site plans.
Partial subdivisions. This subsection allows for the partial subdivision of a parcel that would otherwise meet the purposes and requirements of a cluster development to accommodate landowners who may not wish to subdivide the entire property at the time of application.
If the Planning Board determines that a residential cluster development is to be considered or shall be required for a given parcel, based on the purposes and objectives of this section, any partial subdivision which does not develop the maximum allowable number of lots on this parcel shall only be approved in accordance with an overall cluster plan for the entire parcel that meets all the requirements of this section.
Before any such partial subdivision is approved, the applicant shall demonstrate to the satisfaction of the Planning Board that the overall cluster plan is physically possible, the best layout for achieving the purposes of this section, and will indeed be followed in any subsequent development phase or by any subsequent owner.
Siting guidelines. In the clustered development, the lots shall be laid out so that dwelling units will be located in a manner consistent with the purposes of this section. The following guidelines (listed in order of general priority) are to be applied, when applicable, on a case-by-case basis by the Planning Board with lots to be laid out:
On the least fertile soils for agricultural uses, and in a manner which maximizes the usable area remaining for such agricultural uses;
Within any woodland contained in the parcel, or along the far edges of the open fields (to reduce impact upon agriculture, to provide summer shade and shelter from winter wind, and to enable new construction to be visually absorbed by natural landscape features);
To provide permanent protection for significant natural or cultural features identified on the site;
So as to minimize the number of driveways with access to existing roads;
In such a manner that the common boundary between the new houselots and any active farmland is minimized in length (to reduce potential conflict situations);
In locations least likely to block or interrupt scenic vistas, as seen from the public roadway(s) or other public vantage points;
In locations where the greatest number of units could be designed to take maximum advantage of solar heating opportunities; and
In cluster developments exceeding 20 dwelling units, the Planning Board shall consider the layout of smaller groupings, each having some open space immediately surrounding it, so that large concentrations of units with little or no differentiation can be avoided, and so that cluster development will be more compatible with the neighborhood in which it is located.
§ 250-43 Noncommercial communications antennas or towers.
[Amended 3-28-2000 by L.L. No. 1-2000]
Communications antennas or towers shall be set back from any property line and/or principal building a distance equal to 1 1/2 times the height of the antenna.
Communications antennas or towers shall not cause interference with local radio or television reception and shall not endanger neighboring property or the public.
No site plan shall be approved for any communications antenna or tower that would allow the creation of a hazard to aircraft. Any plan approved may be so conditioned as to require the owner of the antenna or tower to install, operate and maintain beacons, lights, and/or markers as may be necessary and/or required by law for aircraft safety or for safe airport operation.
No communications antenna or tower shall be used for or have placed upon it any type of sign except warning signs needed for public safety.
Antennas or towers shall be erected only to that height necessary to accomplish the purpose they are to serve, and such height shall not exceed 80 feet.
A communications antenna or tower shall be permitted only as an accessory use to a permitted principal use.
Nothing herein shall be construed to conflict with Federal Communications Commission (FCC) regulations, nor shall any section be applied which is the sole regulatory authority of the FCC.
§ 250-44 Commercial communications facilities.
[Added 3-28-2000 by L.L. No. 1-2000]
Purpose. The purpose of this section is to regulate the location, design and use of commercial communications facilities in the Town of Clinton in order to:
Protect the health, safety and general welfare of residents of the Town of Clinton.
Preserve the historic rural character and irreplaceable scenic qualities of the Town by regulating the location, design and architectural treatment of commercial communications facilities in order to minimize their visibility from places within the Town, avoid intrusion into scenic vistas, avoid disruption of the natural and built environment, and ensure harmony and compatibility with surrounding land use patterns.
Minimize the undue proliferation, height and adverse visual impact of communications towers throughout the community.
Meet the wireless communications needs of residents, businesses and travelers within the Town of Clinton.
Encourage a streamlined approval process for facilities and provide a procedural basis for timely review of requests to place, construct, operate or modify facilities.
Type of facilities to be regulated.
This section regulates the installation and/or use of all commercial communications facilities, including, but not limited to, cellular towers and antennas, accessory buildings and repeaters; facilities for personal communications services (PCS); broadcast towers; and structures maintained or constructed for the purposes of specialized mobile radio services and paging services.
Compliance with the State Environmental Quality Review Act (SEQRA).
The Town Board designates the Planning Board of the Town of Clinton as the reviewing body responsible to determine the lead agency for applications made under this section.
The Planning Board and the applicant shall comply with all provisions of SEQRA under Article 3 of the Environmental Quality Review Act and its implementing regulations. An application for a communications facility which conforms to the regulations of this section and this chapter shall be an unlisted action unless otherwise designated by SEQRA. Should any variance from these regulations be requested, the application for a special use permit for the proposed facility shall be considered a Type I action.[1]
Standard approval process.
A special use permit shall be required for the installation and/or use of all commercial communications facilities, as specified in the Schedule of Use Regulations.[2] The duration of special use permits for installation and/or use of commercial communications facilities shall be two years from the date of issue, subject to renewal.[3]
[2]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
If an applicant for a special use permit proposes a commercial communications facility which does not meet all requirements of this chapter, including district, height, area and bulk regulations, the Planning Board may, at its discretion and at any point in the review process, suspend review of the application until necessary variances are obtained.[4]
Any proposed user of commercial communications facilities shall be an FCC-licensed provider of commercial communications services and must acquire a special use permit whether or not it will install or own the facilities.[5]
Any applicant who is not an FCC-licensed provider of commercial communication services but who proposes to provide a facility for use by an FCC-licensed carrier shall also acquire a special use permit and shall meet the following requirements:[6]
When applying for a special use permit, the proposed owner shall name one or more FCC-licensed carrier(s) which will use the facility.
The proposed owner shall provide a written contract between each such FCC-licensed carrier and the facility installer/owner that each such FCC licensee will use the facility when installation is complete.
No special use permit shall be granted to the proposed owner for the installation or construction of a facility until a special use permit has been granted to a proposed user.
Each FCC licensee which seeks to use the proposed facility shall have the responsibility of providing evidence of need for the proposed facility, as stated in Subsection D(5) below.
Any addition to the facility by the owner to accommodate an additional user, including the addition of antennas and accessory equipment, shall require an additional special use permit to be acquired by the owner.
Evidence of need for the proposed facility at the proposed location.
Any FCC-licensed carrier which is applying for a special use permit to use any existing or proposed facilities shall provide clear and convincing evidence that the proposed facility is needed to provide adequate coverage and capacity (as defined in this chapter) for licensed communications services which the applicant is unable to provide with existing or other planned facilities. This evidence shall include materials such as radiation propagation studies and coverage maps along with all assumptions, technical parameters, map scales and other data needed for a complete understanding and independent evaluation of the information presented.[7]
The applicant shall state its signal strength and primary coverage objectives in the Town, the specific areas, highways and population centers it wishes to cover, and the signal strength, coverage and grade of service currently existing within those areas.
The applicant shall provide evidence that any facilities within a four-mile radius of the proposed facility, which the applicant currently uses or for which the applicant has an application pending, cannot provide adequate coverage and capacity to locations in the Town of Clinton in place of the proposed facility.
The applicant shall provide evidence that the proposed height and spatial dimensions of the facility are the minimum necessary to provide adequate coverage and capacity to locations in the Town of Clinton which the applicant is unable to serve with existing facilities and/or facilities of a tower height and/or smaller spatial dimensions; and
The applicant shall demonstrate that a conscientious effort has been made to site communications facilities on or within existing tall structures such as utility poles or towers, silos, buildings, church steeples, etc. before approval will be granted to construct a new tower. As evidence of this effort, the applicant shall provide an inventory of all existing structures within a four-mile radius of the proposed location that are at least 50 feet high, along with a map showing the exact location of each structure. The inventory shall include an analysis of the availability and suitability of the structures for use by the applicant instead of a proposed new tower. The Planning Board may require the applicant to provide additional information, such as ground elevation, height and radial plots, for one or more of these existing structures in order to evaluate their suitability as alternate sites for the proposed facility.
Location of facilities.
All of the commercial communication facilities which are covered by one special use permit, including towers, equipment shelters and accessory buildings, shall be located on one lot and shall meet the area and bulk regulations of the district where located.[8]
Applicants proposing to locate facilities within the Ridgeline, Scenic and Historic Protection Overlay District must meet all requirements listed in § 250-15.
In the following locations, new commercial communications structures, such as towers, shall be prohibited and commercial communications facilities shall be restricted to antennas or repeaters on existing structures such as buildings, telephone poles or church steeples, along with necessary accessory buildings:
Inside or within 500 feet of any of the hamlets/residential hamlets included on the Town Zoning District Map; and/or
Inside or within 500 feet of a Medium Density Residential (MR1) District; and/or
Inside or within 500 feet of a Clustered Residential (CR1) District;
Inside or within 500 feet of a Critical Environmental Area (CEA).
Location of new commercial communications structures, such as towers, on wooded sites with tall, mature trees shall be encouraged. Location on cleared sites or sites with small or immature trees shall be discouraged.
Collocation.
New communications structures, such as towers, and their accessory buildings, shall be of a type and design which will allow collocation.
Applicants who seek a special use permit for the installation and/or use of a new commercial communications structure or who wish to locate facilities on an existing structure shall agree in writing to accept collocation by other carriers on the same structure, so long as:[9]
Such collocation does not cause transmission interference; and
The existing structure and lot can accommodate the additional facilities, such as antennas and accessory buildings, that would be required by the applicant for collocation.
Collocation on an existing structure is required unless:
There are no usable existing structures in the service area; or
The applicant is unable to secure permission from existing structure owner(s) or landowner(s); or
Collocation at existing sites does not achieve the minimum reasonable technical needs of the proposed facility; or
Structural or engineering limitations of the existing structure(s) prohibit collocation.
Height.
The total height of any structure or accessory elements attached to any structure shall be measured from the natural ground level to the top of the structure or the top of the uppermost accessory affixed to the structure, whichever is higher.
New towers or other supporting structures, including masts, antennas and other accessory facilities, shall not exceed the minimum height necessary to provide adequate coverage and capacity (as defined by this chapter) for the FCC-licensed carrier which proposes to use the facility. In cleared areas where there are fewer than 20 trees within 100 feet surrounding the proposed location, these structures shall not exceed 80 feet above the natural ground. If there are at least 20 trees within 100 feet surrounding the proposed location, the total height of the proposed facility shall be limited to 25 feet above the average tree canopy, or 100 feet, whichever is lower. New towers proposed for locations within the Ridgeline, Scenic and Historic Protection Overlay District shall not exceed the height limitations for that district, as set forth in § 250-15 of this chapter.
Applicants may be required to achieve coverage objectives by using multiple existing or new tower structures rather than new, taller structures, which shall not exceed the height limitations in Subsection D(8)(b) above.
Antennas mounted on electric utility towers, buildings or other existing structures shall not exceed the height of the existing tower or structure by more than 15 feet nor result in a total height greater than 100 feet.
It shall be the responsibility of the holder of the special use permit to inform the Town of Clinton of any change in or termination of contractual agreements which affect the special use permit within 30 days of such change. Any material change in the conditions under which a special use permit was granted shall result in the immediate termination of the special use permit unless agreement has been obtained from the Planning Board prior to the change. These material changes include but are not limited to:[10]
Changes in supporting structures (such as towers), accessory buildings or access roads. A change in ownership of the facility or the property on which the facility is installed shall require notification to the Zoning Administrator by the holder of the special use permit but will not terminate the special use permit.
Cessation of use by the FCC-licensed carrier which has a special use permit for use of the facility.
A change in the FCC-licensed user of the specially permitted facility. Nothing herein shall prohibit another FCC-licensed carrier from using the facility so long as that carrier provides evidence of need to use that facility and acquires a special use permit under this chapter.
Loss of the user's FCC license to provide commercial communications services within the Town of Clinton.
Violation of this chapter, on or with regard to the facility by the holder(s) of the special use permit or the owner of the land on which the facility is installed.
Installation of communications facilities on existing structures.
The Planning Board may allow increases up to 20 feet in the height of the existing structure, so long as the total height will be no more than 100 feet, if this modification:
Will aid in the camouflage of communications facilities by allowing them to be hidden inside roofs, steeples or other portions of the existing structure; and
Is compatible with the appearance of the existing structure and surrounding structures and environment; and
Will not compromise the structural integrity of the existing structure and will not increase threat to safety from fire, wind or other adverse occurrence, and this is certified by a licensed engineer.
No other modification of the existing structure except that which is necessary for the addition and/or camouflage of antennas and accessory structures shall be permitted, except as deemed necessary by the Planning Board. This restriction is not intended to prohibit modifications which are required for maintenance and/or repair of the existing structure.
Design of new towers.
Tower designs shall be the least obtrusive and the most appropriate to the proposed site, as determined by the Planning Board. Use of structures made from natural materials, such as laminated wood poles, and antenna panels that mount directly to the pole rather than on platforms, shall be encouraged. The use of designs which require guy wires to support a tower shall be discouraged. If requested by the Planning Board, applicants shall submit alternatives to any design proposed for the purpose of determining minimum necessary height and spatial dimensions and/or compatibility with nearby structures or landscape.
Towers shall be designed and constructed in a manner which will accommodate future sharing, and applicant shall provide a written statement that collocation on the tower will be permitted and the extent and dimensions thereof. The design and site plan shall include fixture potential buildout to accommodate the number of future potential collocators proposed.
Camouflage of commercial communications facilities.
The Planning Board may require communications facilities, including new towers and antennas installed on existing structures, to be camouflaged in order to make them compatible with surrounding scenery and/or structures if, in its judgment, the location, height and/or design of a proposed facility compromises the scenic, historic or residential character of the Town. Such camouflage may be required by the Planning Board at any location in the Town.
In particular, facilities located in or visible from areas with scenic and/or historic importance to the Town or with potential for higher residential density may require camouflage. These include, but are not limited to, facilities located on lands which are:
Five hundred feet or more above sea level; and/or
Within that portion of the Taconic State Parkway viewshed which lies within the Town; and/or
Within or adjacent to one of the hamlets included on the Town Zoning District Map; and/or
Within or adjacent to a Critical Environmental Area (CEA);
Within or adjacent to districts designated as clustered residential (CR1) or medium-density residential (MR1) on the Town Zoning District Map;
Within view of an historic district or landmark.
Camouflage devices may include, but are not limited to silos and church steeples with special roofs which allow antennas to be hidden inside them, towers and antennas disguised as flagpoles or artificial trees which are appropriate to the surrounding wooded area; structures designed to appear as churches, with accessory equipment and antennas installed within a single structure, and antennas disguised as components of existing buildings.
Clustering. Clustering of towers and structures on the same site may be considered if location cannot be facilitated. However, clustering may be ruled out for a particular location if the Planning Board judges that it will create or increase a negative effect on the scenic, historic or residential character of the Town.
Yard setbacks.
New towers shall be set back at least two times the height of the tower from all lot boundaries, or must comply with other setback requirements listed in this chapter, whichever are more restrictive.
New towers must be at least 500 feet from existing habitable structures, or planned habitable structures for which a Town of Clinton building permit has been issued.
Cleared area, buffer strip and landscaping requirements for new towers. Unless otherwise specified by the Planning Board:
There shall be a cleared area surrounding any new tower not to exceed 75 feet from the outer edge of the tower's footprint.
A buffer strip composed of trees or other vegetation shall be required to serve as a visual screen around the cleared area and proposed freestanding facilities, unless the Planning Board determines that the buffer strip will be detrimental to the aesthetics of the site or neighboring parcels.
If a buffer strip is required by the Planning Board, it shall contain or be planted with vegetation of sufficient height, depth and density to completely screen the bottom of the tower and any accessory buildings, as viewed from outside the buffer strip. Vegetation in the buffer strip shall be maintained in a healthy state or replaced as necessary.
The buffer strip shall be free of any man-made structures, including fences and facilities, except for an access road.
Accessory buildings.
Accessory buildings shall be the minimum size necessary to meet the needs of the specific site.
If the accessory building is at a site which can accommodate future collocators, the necessary structure design and the site plan shall include future potential buildout to accommodate the number of potential collocators proposed.
All buildings shall be used only for housing of equipment related to that particular facility and site.
Buildings shall be similar in size, materials, colors and design and shall be compatible with nearby structures and/or vegetation, as judged by the Planning Board.
Alteration of facility or location. After specially permitted facilities are installed, they shall not be altered with regard to height, color, design or any other aspect without Planning Board approval. If a facility is to be moved from one lot to another, a new special use permit shall be required.[11]
Fencing. New towers and their accompanying accessory buildings shall be enclosed by a fence and gated. When antennas are installed on or within existing structures such as silos, the Planning Board shall determine whether the existing structure and any accessory structures will require fencing. The Planning Board shall approve the height and design of the fence to ensure that it will be secure and visually attractive and that accessory buildings and the lower portion of the tower will be hidden when viewed from lots surrounding the proposed site. If a new tower and accessory structures are camouflaged, the Planning Board may waive this requirement if, in its judgment, a fence is not required for the security of the facility.
Color. The finish of a new tower shall blend with the sky and/or trees, as required by the Planning Board. Antennas and supporting electrical and mechanical equipment shall be of a color identical to or closely compatible with the color of the supporting structure. Colors and materials of all exterior surfaces shall be maintained in their original condition.
Noise. Steps shall be taken to minimize, to the full extent possible, the amount of noise heard off-site from all temporary or permanent power equipment. Generators shall include hospital-grade mufflers.
Lighting or special painting.
No externally visible lighting of towers or facilities shall be permitted, except manually operated emergency lights for use only when operating personnel are on site.
The applicant shall submit, as part of the application, a written statement regarding whether the proposed facility requires lighting and/or special painting to meet the requirements of the FAA or other authority, and if so, what type of lighting or special painting would be required.
New structures that would be classified as an obstruction or hazard or would require any special lighting or special painting under FAA regulations (currently 14 CFR 21) shall not be permitted.
If, after installation of the facility, the FAA or any other government authority requires that lights be installed, the owner of the facility must notify the Zoning Administrator at least 60 days before any such lights are installed.
Electric power supply and telephone service lines. All service lines to new towers and accompanying facilities shall be installed underground from the existing power source.
Fuel tanks. All fuel tanks must be above ground and protected against potential damage from vandalism or other adverse occurrence.
Signs. One sign no greater than three square feet with the name of the facility owner/operator and a twenty-four-hour emergency telephone number, plus no-trespassing/warning signs no larger than 1 1/2 square feet, are permitted. Signs shall meet all requirements of § 250-70, Signs, of this chapter.
Access and parking.
A road and parking plan shall be provided to ensure adequate emergency and service access and shall meet the requirements of the Planning Board. Any driveway shall meet the requirements of the Planning Board and the highway authority for the road on which driveway fronts.
Maximum use of existing public and private roads shall be made, consistent with safety and aesthetic considerations.
Road construction shall minimize ground and vegetation disturbance. Road grades shall follow natural contours to reduce soil erosion potential and to ensure that roads are aesthetically compatible with the character of the surrounding area.
The Planning Board may require an erosion and sedimentation control plan and may refer the site plan to the Town Highway Superintendent, Building Inspector and/or the Town Engineer for review.
Unpaved roads shall be considered unless conditions require paving, as determined by the Planning Board, in consultation with the appropriate authorities or consultants.
Maintenance, testing and inspection.
The original appearance of the exteriors of all towers, accessory buildings and any other structures must be retained through regular maintenance by the applicant.
Before commercial transmission begins, the applicant shall acquire certification by a licensed professional engineer that the facility will not exceed the maximum permissible exposure limits for the level of electromagnetic radiation using standards in accordance with FCC OET Bulletin Number 65.
Removal of facilities.
Towers and antennas shall be removed if the owner's or user's special use permit for these facilities has expired or been terminated or if the facilities are no longer being used by the FCC licensee. Towers and antennas shall be removed if there is not at least one operator with a valid special use permit using the tower. Potential or planned future use of any facility for commercial communications service is not sufficient to avoid the requirement for removal.[12]
If the removal of towers and antennas is required, accessory buildings and other structures shall also be removed unless:
Each applicant seeking a special use permit for a commercial communications facility shall provide a written contract with the Town of Clinton agreeing to be fully responsible for removal, and indemnifying the Town for the costs of removal of antennas, accessory buildings and supporting structures such as towers when removal is required by this chapter.[13]
If a proposed commercial communications facility will be owned by an entity other than an FCC-licensed carrier which will use that facility, the carrier shall provide to the Planning Board a copy of a contract between the facility owner and the FCC-licensed carrier in which the owner agrees to remove the facility, including any tower, antennas and accessory structures, and indemnify the Town for all costs of such removal, when these facilities are no longer being used by an FCC-licensed operator with a valid Town of Clinton special use permit.[14]
A decision to require removal shall be the responsibility of the Planning Board after consulting with the Zoning Administrator and the Town Attorney. Removal shall occur within 90 days of the Planning Board's decision to require removal unless the Planning Board has agreed to an extension of that time. If not removed within the designated period, the Town shall have the right to compel removal, with all costs to be borne by the special use permit holder who owns and/or previously used the facilities. Removal costs may also be recovered from the owner of the tax parcel on which the facilities are located.[15]
When towers are removed, site reclamation shall be completed, in conformance with the reclamation plan contained in the original application and to the satisfaction of the Planning Board, within 180 days of structure removal. Reclamation shall include landscaping, removal of structures, utility lines and accessory structures, and shall encompass the building site and buffer area controlled by the facility owner.
Bonding. Before obtaining or renewing a special use permit, the applicant shall provide financial surety in an amount acceptable to the Town Board (in consultation with the Planning Board and the Attorney for the Town) to ensure full and complete performance of all conditions imposed by the Planning Board as a requirement of the special use permit.[16]
Consultant fees. The Planning Board and/or Zoning Board of Appeals may retain consultants to assist in reviewing the application, its renewal, or an application for a variance related to a pending application, with consultant fees to be paid by the applicant. These consultants may include the Town Engineer, the Town's attorney, one or more commercial communications facility consultants, or other consultants as determined by the Planning Board and/or Zoning Board of Appeals. At the beginning of the review process the Planning Board may require the applicant to fund an escrow account from which the Town may draw to ensure reimbursement of consultant fees. During review of the application, the Planning Board may require the applicant to add funds to the escrow account as the Planning Board deems necessary. If the required funds are not added to the escrow account, review of the application by the Planning Board shall be suspended until such time, if any, as payment of said funds is made. Any remaining funds in the escrow account after payment of all consultant fees will be returned to the applicant.
Insurance. Facilities shall be insured by the owner(s) of the towers and/or the antennas thereon against damage to persons or property. The owner(s) of the towers and/or antennas thereon shall provide annually to the Town Clerk a certificate of insurance in the minimum amount of $1,000,000, or a higher amount if required by the Planning Board in consultation with the Town Board, in which the Town of Clinton shall be an additional named insured. This insurance shall insure against damage or loss arising from all structures, towers or antennas on the property.
Application requirements for commercial communications facilities. In addition to other requirements and fees outlined in this chapter and fee schedule, an applicant seeking a special use permit for installation or use of a commercial communications facility in the Town of Clinton shall also submit the following data and/or take the following actions:[18]
Applicants proposing to locate facilities within a Ridgeline, Scenic and Historic Protection Overlay District must also meet all requirements of § 250-15 of this chapter regulating development in these protection overlay areas.
The applicant shall provide clear and convincing evidence, such as radial maps and engineering studies, that:
The proposed facility is necessary to provide licensed communications services to locations in the Town which the applicant is unable to serve with existing or other planned facilities.
The proposed height and spatial dimensions of the facility are the minimum necessary to provide licensed communications services to locations in the Town which the applicant is unable to serve with one or more existing facilities and/or one or more facilities of a lower height and/or smaller spatial dimensions.
The visual, aesthetic and community character intrusion impacts have been minimized to the maximum extent practicable.
The applicant has conducted a careful review of alternative sites, technologies and design considerations which include but are not limited to structure types and heights, materials, color, multiple smaller structures versus one larger structure or other design parameters as may be requested by the Planning Board.
Any proposed new structure has the ability to handle the additional facilities of possible future collocators. The maximum number of collocators which could be supported on the structure must be identified.
The applicant shall provide:
A completed Town of Clinton application for a commercial communications facility, a site plan, and any other requirements of this chapter.
A completed SEQRA full environmental assessment form (Parts I, II, and III) and such other SEQRA forms as may be required by the Planning Board.
A written agreement with the owner(s) of the structure and/or the real property to allow installation of the communications facility.
Certification by a licensed engineer that the design of any proposed new structure is sound and will pose no threat to the surrounding population or property, and evidence of compliance with applicable structural standards such as Electronics Industry Association/Telecommunications Industry Association 222E (or current equivalent).
Certification that proposed radio-frequency emissions will comply with FCC standards and that the facility will not cause interference with existing communications devices. This radio-frequency emission certificate shall be prepared using the methods and techniques prescribed in the most current edition of FCC OET Bulletin No. 65 (or current equivalent) and must show all calculations, formulas and assumptions used.
A five-year buildout plan for the proposed site and other sites within the Town and within adjacent towns, which shows the applicant's plans for other structures, proposed application and building dates and justification for additional structures. Additionally, the five-year buildout plan must take into consideration known and potential changes in technology which may have an effect on the number, design, and type of facilities needed in the near future. In keeping with the buildout plan, the applicant shall also notify the Planning Boards of all adjacent communities and the coordinator of the Dutchess County Office of Emergency Response concerning the location and height of the proposed facility.
An inventory of all tall structures within four miles of the proposed location which are at least 50 feet high. The inventory shall include an analysis of availability and suitability of these structures for use by the applicant in place of the proposed facility.
If a communications facility is proposed for installation on an existing structure, an engineer's report that the proposed use will not diminish existing structural integrity and public safety.
A copy of the applicant's liability insurance, which shall name the Town as an additional insured party.
A copy of FAA Form 7460-1, Notice of Proposed Construction or Alteration (or current equivalent), if required (with aeronautical study, if required), or a statement from a recognized aeronautical consultant.
A copy of the federal environmental impact statement, if required.
The number, size, type, materials, manufacturer and model number, and location of antennas or other types of transmitting devices, including but not limited to microwave dishes or microwave panels, to be placed on the structure.
For a new tower, landscaping and reclamation plans in the event of future structure removal. This plan shall include provisions for site reclamation, landscaping, removal of structures, utility lines, and accessory structures, and shall cover the building site and buffer area controlled by the facility owner.
A visual analysis, which shall be presented to the Planning Board at a public hearing which has been properly advertised. The methodology of the visual analysis shall be approved by the Planning Board and may include drawings of the proposed facilities superimposed on photographs or computer-generated graphics depicting the proposed installation from a range of perspectives and distances.
Additional information as requested by the Planning Board, Zoning Administrator or the Town of Clinton application for a commercial communication facility.
Renewal application requirements for commercial communications facilities.
Special use permits shall be reviewed every two years by the Zoning Administrator to determine whether the applicant is in conformance with the conditions of the original approval and has provided the information necessary for renewal. When the Zoning Administrator confirms that these conditions have been met, renewal of the special use permit shall be reviewed for approval by the Planning Board.[21]
A renewal application shall include the following:
A current, updated buildout plan, if a five-year buildout plan was originally required.
Proof of continued need for the facility, including the original evidence for need which was reviewed by the Planning Board, updated to reflect current conditions, plus any other new information relevant to the applicant's need for the facility in order to provide FCC-licensed commercial communications services to areas within the Town of Clinton.
A copy of the current FCC license.
A current certificate of insurance in the minimum amount of $1,000,000 annually in which the Town of Clinton shall be an additional named insured [as in Subsection D(31) above].
A written agreement with the owner(s) of the structure and/or the real property to allow the continued installation and/or use of the communications facilities.
Certification that electromagnetic radio-frequency emissions continue to meet FCC requirements.
A renewal application for a special use permit must be submitted no less than 60 days prior to the expiration of the permit. If the application is not submitted within such time, the special use permit shall expire unless an extension is requested from and granted by the Planning Board.[23]
During the renewal review process the Planning Board may modify, add to or delete the previous conditions associated with the approval of the special use permit, and may require a revised site plan, based upon the circumstances existing at the time of the renewal review process.[25]
Conforming to the renewal process and timing requirements is the applicant's responsibility.
[27]Streamlined approval process.
In order to encourage the appropriate location, collocation and design of commercial communications facilities in the Town of Clinton, applications which meet the criteria listed in this subsection shall be given the benefit of a streamlined approval process.
Criteria.
Facilities must be located on or within existing structures such as silos, buildings, church steeples, etc., or on high-tension electric towers located within electric utility right-of-way strips which pass through the Town; and
Facilities must not be located in Ridgeline, Scenic and Historic Protection Overlay Areas unless the applicant agrees to camouflage the facilities, such that, in the judgment of the Planning Board, they are compatible with the surrounding scenery and structures in the overlay areas; and
The applicant must agree to abide by all applicable requirements of the standard approval process of this chapter pertaining to commercial communications facilities, without a variance.
Streamlined application process.
The applicant may complete a short environmental assessment form and visual EAF addendum instead of a SEQRA full environmental assessment form (Parts I, II and III), unless otherwise required by the Planning Board.
The applicant shall not be required to provide a five-year buildout plan for the proposed site as specified above.
The applicant shall not be required to provide an inventory of all tall structures within four miles of the proposed location which are at least 50 feet high, as specified above.
The Planning Board may waive the visual analysis or any part thereof, and rely instead on the visual representations provided in the site plan.
§ 250-45 Conference centers.
[Amended 6-8-2021 by L.L. No. 4-2021, effective 6-17-2021]
Intent. The intent of this section is to promote health and safety and ensure compatibility with the neighborhood and general area where conference centers are located and to minimize their impact on properties and residents in the Town.
Planning Board approvals. Any person or entity seeking to operate a conference center in a zoning district wherein such use is permitted must obtain site plan approval and a special use permit from the Planning Board in accordance with the procedure set forth in §§ 250-96 (Site plans) and 250-97 (Special use permits). In its sole discretion, the Planning Board is authorized to waive any of the requirements of this section based upon the characteristics of the application.
Regulations. The following regulations apply to conference centers:
Frequency. The maximum number of events permitted per day at a conference center shall be set by the Planning Board based upon a review of site conditions at the conference center, including, but not limited to, lot(s) size, the number and location of buildings and structures and parking facilities.
Hours of operation. The hours of operation for conference centers shall be 10:00 a.m. to 10:00 p.m. on Sunday through Thursday and 10:00 a.m. to 12:00 midnight on Friday and Saturday, except for overnight guests and setup and clean up, provided all other provisions of the Town Code are followed. Notwithstanding the above, the Planning Board shall have the power to modify the hours of operation for a conference center based upon the characteristics of the site and surrounding neighborhood.
Lot size. The minimum lot size must be 25 acres, except where a golf course is provided, in which case the minimum acreage shall be 60 acres.
Setback. No buildings or structures are permitted to be located within 200 feet of any neighboring lot line. The Planning Board may require appropriate buffers between the conference center and adjoining lots given the existing natural topography and vegetative cover.
Compliance with other laws. A structure used for an event must be in compliance with the New York State Uniform Building Code, as amended, and the provisions of the Town Code.
Parking/driveways. No parking for a conference center shall be located less than 100 feet from a road and 200 feet from any neighboring lot line. The parking area shall be adequately screened from neighboring residences. No vehicles shall be permitted to park on accessways, driveways or roads. If the Planning Board determines that the regulation of traffic on roads shall be necessary, such regulation shall only be done by law enforcement personnel. The cost of such traffic regulation shall fully be paid for by the conference center. Driveways or accessways shall be located at least 200 feet from any neighboring lot line which separates the property of a conference center from an adjacent property not owned by the owner of the conference center.
Number of attendees. The Planning Board shall determine the maximum number of attendees allowed at any conference center, taking into account the size and occupancy capacity of buildings and structures that will be used for events, the proximity of buildings and structures to adjoining residences, the size and location of parking facilities, the potential for noise or other disruptions to the neighborhood, and the safety of all persons.
Outdoor events. All outdoor events shall be contained within the specific outdoor event area which is contained within the event area determined by the Planning Board as specified on the approved site plan. Tents and other temporary structures shall be located within the approved outdoor event area as specified. The boundaries of the outdoor event area shall not include parking areas and shall be located at least 500 feet from any lot line which separates the property of a conference center from an adjacent property not owned by the owner of the conference center property.
Open space/historic building preservation. To the greatest extent practical, existing open space and unique natural areas, such as farmland, watercourses, wetlands, ponds, marshes, and steep slopes, should be preserved. Significant or historic buildings should be preserved and incorporated into the site plan wherever possible.
Noise/sound. All sources of amplified sound, including, but not limited to, music, performances, and spoken words, shall be contained entirely within the event area. The Planning Board may specify any further restrictions or conditions it deems appropriate relating to the use of amplified sound in order to reduce noise from traveling beyond the event area, including, but not limited to, prohibiting amplified sounds emanating from tents, pavilions, structures with open doors or windows, and other open or nonenclosed structures. Fireworks, firecrackers or other artificially generated loud noises are not permitted unless approved by the Town Board and a temporary permit is issued for the event in accordance with § 250-75 (Temporary permits). The conference center shall comply with the noise and sound regulations set forth in § 250-28A (Noise).
Food and beverage service. Food service, dining facilities, lodging, recreational and other facilities shall be solely for attendees of events held at the conference center and staff, and shall not be open to the public. All dining facilities must be approved by the Dutchess County Department of Behavioral and Community Health. Food service and beverage providers shall hold and shall produce upon demand all required permits and licenses as well as proof of insurance for workers' compensation as required by law and comprehensive general liability in the amount of at least $1,000,000 per claim/$2,000,000 in the aggregate, where the Town and its officers and employees are listed as additional insureds. At least 30 days prior to an event occurring, the owner or operator of the conference center must send to the Zoning Administrator a copy of the permits, licenses and certificates for such insurance for all such providers working at the conference center, but such permits, licenses and certificates of insurance need be sent only once per year for the same provider. The Town is not responsible for verifying the validity of such permits, licenses or certificates of insurance or for approving the qualifications of any such provider.
Lodging facilities. Lodging rooms at the conference center, if any, shall not contain kitchen facilities for cooking or dishwashing and lodging facilities shall be for use of attendees at events and employees of the conference center only. Nonevent attendees are not permitted to utilize housing or lodging facilities and shall in no event be permitted to utilize such facilities as overnight guests. All lodging or housing facilities must be approved by the Dutchess County Department of Behavioral and Community Health.
Inspections. A conference center shall be subject to annual site inspections by the Zoning Administrator to determine compliance with the terms of its special use permit and site plan as well as the provisions of the Town Code.
Special use permit review. Any special use permit issued to a conference center under this section shall be reviewed by the Planning Board annually on or before the anniversary of the issuance of such special use permit. The Zoning Administrator shall issue a written report annually to the Planning Board regarding each conference center's compliance with the terms of the special use permit and the provisions of the Town Code, including, but not limited to, § 250-28. In the event the Zoning Administrator's written report indicates compliance violation(s), the Planning Board shall hold a public hearing to review the continuation of the special use permit. Within 90 days of the conclusion of the public hearing, the Planning Board shall issue a written determination which may amend or revoke the special use permit based upon the findings of its annual review.
Complaints. The Zoning Administrator shall immediately notify a conference center of any complaints verified by the Zoning Administrator regarding such conference center and may, in appropriate circumstances, direct the conference center to cease and desist from conducting events until a verified complaint has been addressed or remediated. The Zoning Administrator may withhold the name(s) and identifying information of the compliant(s) in accordance with the New York Freedom of Information Law[1] or other applicable statutes.
[1]
Editor's Note: See Public Officer's Law § 85 et seq.
Noncompliance. In the event of nonpayment of the annual fee, or other violations of the Town Code (including, without limitation, the failure to renew the special use permit on time), the Zoning Administrator is authorized to issue a stop order in accordance with § 250-89F (Issuance of stop orders), as amended, prohibiting further operation of the conference center.
Inconsistency. Whenever any sections of the Town Code are inconsistent with the express provisions of this section, the express provisions of this section shall govern, unless explicitly stated otherwise.
Other necessary approvals. The approval of the Dutchess County Department of Behavioral and Community Health shall be required for all lodging, food service and sanitary facilities, swimming pools and public water supplied at the conference center.
Fire notification. No fewer than five business days prior to an event with 50 or more attendees, the owner or operator of the conference center shall notify the Chief of the Fire District within which the conference center is located and the Zoning Administrator of the event. Such notice shall include the street address of the conference center; the name, telephone number and email address of the owner or operator; the name, telephone number and email address of the person responsible for overseeing the event; the date of the event; the start and stop times of the event; the estimated number of persons attending the event; and whether event attendees will be remaining at lodging or housing facilities overnight.
Insurance. Conference centers shall maintain at all times comprehensive general liability insurance with limits of at least $1,000,000 per claim/$2,000,000 in the aggregate and shall annually and upon demand from the Zoning Administrator provide to the Zoning Administrator certificates of insurance evidencing the Town and its officers and employees as additional insureds.
Horses and livestock. The keeping of horses or other livestock, if any, must comply with § 250-66.
The requirements of this section shall not apply to the following:
Events occurring at agricultural events venues which have been approved under the provisions of § 250-45.1 of the Town Code, Agricultural event venues;
Events which have received a permit under § 250-75A (Carnivals, fairs, circuses) of the Town Code;
Events held by a charitable organization for fund-raising purposes by an established club or other organization solely for the benefit of its members, by a church or other house of worship, or by a property owner or tenant for the owner's or tenant's personal purposes, provided no monetary or other compensation is paid to the owner or tenant for the event; or
§ 250-45.1 Agricultural event venues.
[Added 2-9-2021 by L.L. No. 1-2021, effective 2-16-2021]
Intent. The intent of this section is to promote health and safety and ensure compatibility with the neighborhood and general area where agricultural event venues are located and to minimize their impact on properties and residents in the Town.
Planning Board approvals. Any person or entity seeking to operate an agricultural event venue must obtain site plan approval and a special use permit from the Planning Board in accordance with the procedure set forth in §§ 250-96 (site plan) and 250-97 (special use permit). A farm in an Agricultural District shall be eligible to apply for site plan approval through the modified site plan approval process set forth in Subsection C below. In its sole discretion, the Planning Board is authorized to waive any of the requirements of this section based upon the characteristics of the application.
Modified site plan. Applicants eligible to apply for Planning Board approval through the modified site plan approval process must submit the following material:
A sketch of the lot or lots which will be used as the agricultural event venue on a location map (e.g., tax map) showing boundaries and dimensions of the lot or lots involved and identifying contiguous properties, roadways and any known easements or rights-of-way which burden or benefit the lot or lots. Additionally, the sketch must show the following:
The existing features of the lot or lots, including land, watercourses, wetlands, water or sewer systems and the approximate location of all existing structures (including buildings) on or immediately adjacent to the lot or lots.
The proposed location and arrangement of the event area and structures, including but not limited to buildings, tents, gazebos, barns and parking.
The proposed uses on the lot or lots, including means of ingress and egress, parking and circulation of traffic.
The proposed location and arrangement of specific land uses on the lot or lots, such as pastures, crop fields, woodlands, livestock containment areas, and manure storage/manure composting sites.
A sketch of any proposed buildings, structures, tents, gazebos, barns or signs, including exterior dimensions and elevations of front, side and rear views of each. Include copies of any available blueprints, plans or drawings.
A description of the farm operation, including agri-tourism occurring on the lot or lots (existing and/or proposed) and a narrative of the intended use and/or location of proposed buildings, structures, tents, gazebos, barns and signs, including information regarding anticipated usage, frequency and types of events and any anticipated changes in the existing topography and natural features of the lot or lots to accommodate the changes.
Provide the name and address of the applicant and all owners of the subject lot or lots. If the owners of the lot or lots are entities other than a natural person, please provide the names and addresses of the individual or individuals who are the owners or members of the entity.
Provide the name and address of any professional advisors assisting the applicant, including but not limited to authorized agents, attorneys and engineers. If the applicant is not the owner of the lot or lots, provide written authorization of the owner of the lot or lots.
If any new buildings, structures, tents, gazebos, barns or signs are going to be located adjacent to a watercourse or wetland, provide a copy of the floodplain map and wetland map that corresponds with the boundaries of the lot or lots.
Submit the application fee set by resolution of the Town Board. See Town of Clinton Fee Schedule.
Regulations. The following regulations shall apply to agricultural event venues:
Frequency. The maximum number of events permitted per day at an agricultural event venue shall be set by the Planning Board based upon a review of site conditions at the agricultural event venue, including but not limited to lot(s) size, the number and location of buildings and structures and parking facilities. No event shall last longer than four days.
Lot size. The minimum size of the lot or lots for an agricultural event venue shall be 10 acres. The Planning Board may permit the location of an agricultural event venue on multiple lots, provided they are contiguous and under common ownership or control, including but not limited to pursuant to a written lease agreement of greater than one year in duration.
Compliance with other laws. A structure used for an event must be in compliance with the New York State Uniform Building Code, as amended, and the provisions of the Town Code.
Parking/driveways. No parking for an agricultural event venue shall be located less than 100 feet from a road and 200 feet from any neighboring lot line which separates the property of an agricultural event venue from an adjacent property not owned by the owner of the agricultural event venue property. The parking area shall be adequately screened from neighboring residences. No vehicles shall be permitted to park on accessways, driveways or roads. If the Planning Board determines that the regulation of traffic on roads shall be necessary, such regulation shall only be done by law enforcement personnel. The cost of such traffic regulation shall fully be paid for by the agricultural event venue. Driveways or accessways shall be located at least 200 feet from any neighboring lot line which separates the property of an agricultural event venue from an adjacent property not owned by the owner of the agricultural event venue property.
Number of attendees. The Planning Board shall determine the maximum number of attendees allowed at any agricultural event venue, taking into account the amount of crops or livestock produced on the farm, the size and occupancy capacity of buildings and structures located in the event area, the proximity of the event area to adjoining residences, the size and location of parking facilities, the potential for noise or other disruptions to the neighborhood, and the safety of all persons.
Open space/historic building preservation. To the greatest extent practical, existing open space and unique natural areas, such as farmland, watercourses, wetlands, ponds, marshes, and steep slopes, should be preserved. Significant or historic buildings should be preserved and incorporated into the site plan wherever possible.
Lighting. Light sources (constant or intermittent) shall not be permitted to exceed 0.5 footcandle at any property line and shall otherwise comply with § 250-28C (Glare and heat), provided that light may be provided in excess of those limits at the public entrance to the agricultural event venue, and that such lights are illuminated only during events. The applicant shall submit an exterior lighting plan for the agricultural event venue designed to minimize any infiltration or impact of light on the neighborhood.
Noise/sound. All sources of amplified sound occurring as a result of the event, including but not limited to music, performances, and spoken words, shall be contained entirely within the event area. The Planning Board may specify any further restrictions or conditions it deems appropriate relating to the use of amplified sound in order to reduce noise from traveling beyond the event area, including but not limited to prohibiting amplified sounds emanating from tents, pavilions, structures with open doors or windows, and other open or nonenclosed structures. Fireworks, firecrackers or other artificially generated loud noises are not permitted unless approved by the Town Board and a temporary permit is issued for the event in accordance with § 250-75 (Temporary permits) of the Town Code. The agricultural event venue shall comply with the noise and sound regulations set forth in § 250-28A (Noise).
Food and beverage service. Food service, lodging, recreational and other facilities shall be solely for use by event attendees and staff, and shall not be open to the general public. Food service and beverage providers shall hold and shall produce upon demand all required permits and licenses as well as proof of insurance for workers compensation as required by law and comprehensive general liability in the amount of at least $1 million per claim/$2 million in the aggregate, where the Town and its officers and employees are listed as additional insureds. At least 30 days prior to an event occurring, the owner or operator of the agricultural event venue must send to the Zoning Administrator a copy of the permits, licenses and certificates for such insurance for all such providers working at an event, but such permits, licenses and certificates of insurance need be sent only once per year for the same provider. The Town is not responsible for verifying the validity of such permits, licenses or certificates of insurance or for approving the qualifications of any such provider.
Lodging facilities. Lodging facilities at the agricultural event venue, if any, shall not contain kitchen facilities for cooking or dishwashing, and lodging facilities shall be for use of attendees at events, vendors and employees of the agricultural event venue only.
Inspections. Any agricultural event venue shall be subject to annual site inspections by the Zoning Administrator to determine compliance with the terms of its special use permit and site plan as well as the provisions of the Town Code.
Special use permit review. Any special use permit issued to an agricultural event venue under this section, and any special use permit issued to an existing dude ranch (as previously defined in the Town Code) prior to the effective date of this section, shall be reviewed by the Planning Board annually on or before the anniversary of the issuance of such special use permit. The Zoning Administrator shall issue a written report annually to the Planning Board regarding each agricultural event venue's compliance with the terms of the special use permit and the provisions of the Town Code, including but not limited to § 250-28. In the event the Zoning Administrator's written report indicates compliance violation(s), the Planning Board shall hold a public hearing to review the continuation of the special use permit. Within 90 days of the conclusion of the public hearing, the Planning Board shall issue a written determination which may amend or revoke the special use permit based upon the findings of its annual review.
Complaints. The Zoning Administrator shall immediately notify an agricultural event venue of any complaints verified by the Zoning Administrator regarding such agricultural event venue and may, in appropriate circumstances, direct the agricultural event venue to cease and desist from conducting events until a verified complaint has been addressed or remediated. The Zoning Administrator may withhold the name(s) and identifying information of the complaint(s) in accordance with the New York Freedom of Information Law or other applicable statutes.
Fee. An annual fee, due at initial approval and then upon each annual renewal of the special use permit, shall be paid to the Town in an amount set by resolution of the Town Board. See Town of Clinton Fee Schedule.
Noncompliance. In the event of nonpayment of the annual fee, or other violations of the Town Code (including without limitation the failure to renew the special use permit on time), the Zoning Administrator is authorized to issue a stop order in accordance with § 250-89F (Issuance of stop orders) of the Town Code, as amended, prohibiting further operation of the agricultural event venue.
Inconsistency. Whenever any sections of the Town Code are inconsistent with the express provisions of this section, the express provisions of this section shall govern, unless explicitly stated otherwise.
Other necessary approvals. The approval of the Dutchess County Department of Behavioral and Community Health shall be required for all lodging, food service and sanitary facilities, swimming pools and public water supplied at the agricultural event venue.
Outdoor events. All outdoor events shall be contained within the event area to be determined by the Planning Board and specified on the approved site plan. Tents and other temporary structures shall be located within the approved event area. The boundaries of the event area, excluding parking areas, shall be located at least 500 feet from any lot line which separates the property of an agricultural event venue from an adjacent property not owned by the owner of the agricultural event venue property.
Hours of operation. The Planning Board may, in its discretion, impose restrictions on the times during a day when outdoor events may occur, provided that in no case may outdoor events extend beyond the hours of 10:00 a.m. to 9:00 p.m. on Sunday through Thursday and 10:00 a.m. to 11:00 p.m. on Friday and Saturday, except for overnight guests and setup and clean up, provided all other items of the Town Code are followed, including but not limited to provisions regarding lighting and noise (see above).
Fire notification. No fewer than five business days prior to an agricultural event venue event with 50 or more attendees, the owner or operator of the agricultural event venue shall notify the Chief of the Fire District within which the agricultural event venue is located and the Zoning Administrator of the event. Such notice shall include the street address of the agricultural event venue, the name, telephone number and email address of the owner or operator; the name, telephone number and email address of the person responsible for overseeing the event, the date of the event, the start and stop times of the event, and the estimated number of persons attending the event.
Insurance. Any agricultural event venue shall maintain at all times comprehensive general liability insurance with limits of at least $1 million per claim/$2 million in the aggregate for events and shall annually and upon demand from the Zoning Administrator provide to the Zoning Administrator certificates of insurance evidencing the Town and its officers and employees as additional insureds.
Planning Board approval shall be preceded by a clear demonstration by the owner or operator of the agricultural event venue that all proposed features are essential to the operation or support of the agricultural event venue, will create no significant adverse effect on neighboring residential properties, and will be in harmony with the rural, historic and scenic character of the neighborhood.
The requirements of this section shall not apply to the following:
Events which have received a permit under § 250-75A (Carnivals, fairs, circuses) of the Town Code;
Events held by a charitable organization for fundraising purposes, by an established club or other organization solely for the benefit of its members, by a church or other house of worship, or by a property owner or tenant for the owner's or tenant's personal purposes, provided no monetary or other compensation is paid to the owner or tenant for the event; or
§ 250-46 Day-care or nursery school facilities.
Purpose. It is the intent of the Town of Clinton, consistent with New York State Social Services Law § 390, to provide for the child care needs of the residents and those employed in the Town in a way that promotes the public interest while maintaining the essential character of the Town's residential, commercial and industrial areas. This section is developed in recognition of the critical need for affordable child care for the Town's working parents. The Town recognizes that the lack of child care alternatives may prevent parents from obtaining gainful employment which fully meets their needs.
Family and group family day-care homes. Family and group family day-care homes, as defined under “day-care facility” in Article VIII, shall be permitted in all residential districts without special use permit, provided that:[1]
State licensing requirements are met, including those pertaining to building, fire safety, and health codes and that such state license copy shall be on file with the Building Inspector;
Applicable zoning and subdivision standards for residential uses are adhered to in full;
All area and bulk regulations are in compliance with the Schedule of Area and Bulk Regulations;[2]
[2]
Editor's Note: The Schedule of Area and Bulk Regulations is included at the end of this chapter.
No structural or decorative alteration that will alter the single-family character of an existing residential residence is permitted. Outdoor play equipment is permitted in rear or side yards, but should be contained by fencing from adjacent properties.
Day-care centers, school-age child-care facilities and nursery schools. A special use permit is required for any day-care center, school-age child-care facility or nursery school, as defined in Article VIII. Day-care centers, school-age child-care facilities and nursery schools are permitted in all zones with the exception of the Floodplain Zone, provided they are in compliance with the following:[4]
The center, facility or nursery school complies with all general standards of § 250-97, Special use permits. In addition, the licensed day-care provider shall submit a copy of said license and other pertinent documents from the New York State Department of Social Services and, if applicable, the New York State Department of Education.
A site plan is submitted to the Planning Board for its approval, following the procedures in § 250-96 of this chapter. For site plan approval, day-care centers, school-age child-care facilities or nursery schools shall:
Provide an outdoor play space as specified by New York State Social Services Law § 390, Part 418.8 or subsequent laws. Such area shall be at least 1/4 the square footage of the structure in which the facility is housed, screened from the road from which the center takes access either by the center itself or appropriate landscaping or other methods, and contained, by fence or other means, to prevent conflicts between adjacent properties and the facility's activities;
Provide adequate parking facilities for the day-care center or nursery school: at least one parking space for every nonresident employee, plus one for every 10 children, and provide an off-street pickup and drop-off area either on the driveway or an approved parking area;
Conform to other requirements, as specified by the Planning Board, to ensure that the center maintains the residential or hamlet character of the neighborhood.
Day-care centers, school-age child-care facilities and nursery schools serving more than 12 children shall have a minimum lot size of 10 acres.
§ 250-47 Driveways.
All driveway entrances and exits shall meet the requirements of all local laws of the Town of Clinton. (See Chapter 127, Driveways.)
§ 250-48 Dwelling standards.
Minimum required floor area.
No permit for the erection of a single- or two-family dwelling shall be granted in the Town of Clinton unless the minimum ground floor space per dwelling unit shall be as follows:
Number of Stories in Dwelling Unit | Minimum Ground Floor Space (square feet) | |
|---|---|---|
1 | 864 | |
1 to 1 1/2 | 720 | |
2 | 576 |
The area mentioned herein does not include open or enclosed porches, basements, garages or carports. All foundations shall comply with the Uniform Code.
Any basement area used for sleeping purposes shall have not less than two means of egress, at least one of which shall be a door giving access to an open area whose service is at least eight inches below the level of the basement floor. Each basement room used for living purposes shall have a window area opening to the outside, equal to not less than 5% of the floor area of such room, or as otherwise required by the Uniform Code.
No building containing dwelling units shall henceforth be constructed, nor shall any existing building be altered so as to contain dwelling units, unless the surface grade of the front yard at the front wall of such building be more than one foot above the established grade of the sidewalk. Where a sidewalk grade has not been established, the surface grade of the front wall of the dwelling shall not be less than one foot above the center line of the street measured at the midpoint between the side lot lines of the lot. Where there is unusual difficulty in meeting this provision, the Building Inspector may accept a substitute gradient, provided that no minus gradient is established within 15 feet of the front wall or within six feet of either side wall of the building.
§ 250-49 Educational institutions or vocational schools.
The following regulations apply to educational institutions and vocational schools:
The minimum lot size shall be 10 acres.
No special use permit shall be granted for the construction or expansion of an educational institution for over 100 students unless such institution has a minimum of 400 feet of frontage on a state or county road.
[Amended 5-11-2010 by L.L. No. 1-2010, effective 5-20-2010]
Any sports arena or other place of assembly having a seating capacity of more than 1,000 persons shall have entrances and exits on a state or county road.
All buildings, parking and outdoor activity areas shall have a minimum setback of 200 feet from any adjoining residential property and 100 feet from any property boundary.
§ 250-49.1 Wind energy systems.
[Added 11-10-2015 by L.L. No. 4-2015, effective 11-20-2015; amended 7-9-2019 by L.L. No. 2-2019, effective 7-16-2019]
Purpose and objectives. The proliferation of wind energy systems as environmentally friendly and cheaper energy alternatives is expected in the coming years. This equipment and the installation thereof must be reasonably regulated to coordinate and control the same and to preserve and protect the aesthetic qualities of the Town and its neighbors. The Town recognizes the demand for wind energy systems and the need for the services they provide. This section regulates wind energy system installations to ensure that any proposed wind energy system is designed, located, and installed in accordance with the purposes and objectives of this chapter by:
Promoting the health, safety, and welfare of the residents of the Town.
Minimizing the adverse visual effects of wind energy systems on the Town.
Protecting the natural features, aesthetics, and rural character of the Town through careful planning, design, location, buffering, and screening to a practicable height.
Avoiding potential damage to adjacent properties from falling or flying debris from wind energy system facilities through careful engineering and reasonable siting of wind energy systems.
The primary purpose of any wind energy system facility shall be to provide power for the principal use of the lot on which the facility is located and not for the generation of power for commercial purposes. This provision is not meant to be interpreted to prohibit the occasional sale of excess power generated from a wind energy system otherwise designed to meet the energy needs of the principal use.
General requirements.
No wind energy system shall be located or operated so as to impede the function of any other preexisting wind energy system or of any radio, telephone, or microwave communications device.
No wind energy system shall be located so as to reduce or impede the amount of sunlight that would fall on an adjoining lot absent the wind energy system.
Roof-mounted wind energy systems are prohibited.
Site plan review and approval by the Planning Board shall be required for any ground-mounted wind energy system.
Ground-mounted wind energy systems shall be permitted subject to the following requirements:
Ground-mounted wind energy systems located on lots of less than 0.5 acre are prohibited.
Ground-mounted wind energy systems on any Lot of any size in the Hamlet (H), the Residential Hamlet (RH), the Medium Density Residential (MR1), and the Clustered Residential (CR1) Zoning Districts and on any lot in any Zoning District of 0.5 acre up to one acre in size are permitted, provided that the overall blade length (i.e., radius) shall not exceed three feet and the other applicable requirements of this section are meet.
Ground-mounted wind energy systems, utilizing a blade-style design, sited on a lot of greater than one acre in size may exceed a blade length (i.e., radius) of three feet, provided that such lot is not located in the Hamlet (H), the Residential Hamlet (RH), the Medium Density Residential (MR1), or the Clustered Residential (CR1) Zoning Districts.
Anchor points for guy wires for the wind energy system tower shall be located within the lot and not on or across any aboveground electric transmission, distribution, cable line, or telephone line.
Each wind energy system shall be equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. The application for site plan approval shall include a statement by a New York State registered professional engineer certifying that the rotor and overspeed controls have been designed and fabricated for the proposed use in accordance with good engineering practices. The engineer shall also certify the structural compatibility of potential towers with available rotors. This certification shall include the distance and trajectory of the thrown blade from an exploding turbine or propeller according to the "Loss of Blade Theory."
The base of the tower shall be completely enclosed by a locked, protective fence of at least six feet in height. The Planning Board may require additional security measures that it may deem necessary to prevent unauthorized access to the tower, including measures to prevent unauthorized persons from climbing the tower. Screening shall be maintained in a condition as approved by the Planning Board.
Ground-mounted wind energy systems shall meet all area and bulk regulations for the Zoning District in which the lot is located and shall not be located nearer to an adjoining lot or building than the required setback.
Ground-mounted wind energy systems shall be set back at least 300 feet from the front line of the lot.
Ground-mounted wind energy systems shall comply with all area and bulk regulations for the Zoning District in which the lot is located and must be set back from the lot line a distance of no less than 1.5 times the height of the wind energy system support tower. In addition, the following requirements shall be satisfied:
All utility services and electrical wiring shall be underground.
No television, radio, or other communications antenna may be affixed or otherwise made a part of a wind energy system.
No lights used for illumination of an area shall be affixed to a wind energy system unless required by the Planning Board.
The location, design, color, materials, and finish of the wind energy system shall limit its visual impact on surrounding properties and minimize noise from the wind energy system to adjacent and nearby properties.
Any base station equipment associated with the wind energy system shall be screened from adjacent properties to the extent practicable by fencing or a combination of berms, fencing, and evergreen and deciduous plantings. Plantings used for screening shall be at least six feet in height and sufficient in width, at the time of planting, so as to obscure the wind energy system from adjacent properties. Plantings shall be maintained in a condition as approved by the Planning Board.
No signs, except for safety, emergency contact information, and signs required by any regulatory or permitting agency, are permitted.
The wind energy system shall be removed once it is no longer in service in accordance with § 250-49.1E., below.
In its review of an application for approval of a wind energy system, the Planning Board is authorized to require such additional information that it may deem reasonably necessary to properly evaluate the potential visual and public health effects of the wind energy system, including but not limited to:
Photo simulation of the proposed wind energy system, with the baseline pictures taken from locations approved by the Planning Board.
Structural analysis as to the adequacy of the equipment and structures necessary to support the wind energy system, performed by a New York State licensed engineer.
Noise assessment pursuant to New York State Department of Environmental Conservation guidance document "Assessing and Mitigating Impacts," as amended.
If a wind energy system ceases function for more than 12 consecutive months, the property owner shall remove the wind energy system as well as its attendant equipment and structures no later than 180 days after the end of the twelve-month period, or within the time frame specified in the decommissioning agreement. Failure to remove a wind energy system as well as its attendant equipment and structures within this period shall constitute a violation.
Any violation of this § 250-49.1 shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in § 250-102. Enforcement proceedings may be commenced in Town of Clinton Justice Court by the Zoning Administrator, the Attorney for the Town or Town Attorney. Any enforcement action must be authorized pursuant to a Town Board resolution.
§ 250-50 Excavation and mining.
Purpose. Regulation of actual mining activities is regulated by New York State under Article 23, Title 27 of the Environmental Conservation Law. It is the intent of the Town of Clinton to permit excavation and gravel mining operations in the Office-Light Industry District, and to allow existing excavation and mining activities located elsewhere within the Town to continue as permitted (1) by the Department of Environmental Conservation (DEC), and (2) by this chapter insofar as such activities comply with the provisions herein regarding the continuation of prior nonconforming uses and structures.
Applicability. Activities covered by this section include:
Mining activities requiring New York State DEC permits, but only to the extent allowed by Article 23, Title 27 of Environmental Conservation Law; and
Excavation and mining, as defined herein, or reclamation thereof, not requiring a permit by the New York State DEC, that uses more than 100 cubic yards of material for any purpose other than for reuse on the same site in a successive twelve-month period.
Exempt activities. Activities exempt from this regulation include:
Accepted agricultural practices not otherwise in conflict with this chapter, where soil or other material is to be used for grading, improving or draining and where the soil or other material is to be replaced on the same site;
Excavation for the sole purpose of building a pond or lake in which the material is retained on the same site;
Activities performed for or by the Town of Clinton;
Excavation for building construction, sewage disposal systems or underground fuel storage tanks or other activities of limited duration, e.g., swimming pools, graves;
Excavations for the purposes of installing public utilities and building or maintaining roads;
Dredging operations under the jurisdiction of the United States Army Corps of Engineers and other governmental entities.
Town of Clinton special use permits.
[Amended 5-11-2010 by L.L. No. 1-2010, effective 5-20-2010]
Mining activities requiring DEC permits. The Planning Board shall approve the special use permit application, provided the following conditions are met:
Activities shall comply with all requirements and conditions specified in the DEC permit concerning setback from property boundaries and public rights-of-way, natural or other barriers to restrict access, dust control and hours of operation.
Activities shall comply with district regulations, Article III herein, area and bulk regulations, Article IV herein, general performance standards, § 250-28 herein, and with site plan and special use permit requirements, Article VII herein, as well as other generally applicable sections of this chapter.
Reclamation requirements contained in the DEC permit shall be fully met.
Mining activities not requiring DEC permits. The Planning Board shall approve the special use permit application, provided the following conditions are met:
Application. An applicant for special use permit or renewal shall obtain a current Mined Land Reclamation Program Applicant's Guide from DEC, and submit all the same required information to the Town of Clinton Planning Board. The Planning Board, at its discretion, may waive any application requirements.
Standards. The Planning Board, in considering special use permit approval, shall apply the same standards as those applied by the DEC (as contained in the Mined Land Reclamation Program Applicant's Guide), and may place conditions on approval as it may deem appropriate to the application, including setbacks from property boundaries and public rights-of-way, natural or other barriers to restrict access, dust control, hours of operation and reclamation requirements.
Renewal, inspection and enforcement. Special use permits for excavation and mining shall be issued for a one-year period and may be renewed for additional one-year periods. Site inspections may be made by the Zoning Administrator in accordance with the law, and by Planning Board members and/or the Town Engineer, as part of the special use permit application or renewal procedure herein. Permits shall be subject to revocation and/or penalties, as provided in § 250-97A(11), Revocation of special use permit, in the event of violation of the conditions of a permit or of the requirements of this section. No permit renewal may be granted if an outstanding violation exists at the time of application for renewal for such permit. Any and all costs related to site inspections shall be charged back to the owner or operator of the site and shall be paid as a condition of special use permit approval by the Planning Board. Final inspection, acceptance of the reclaimed site, and final release of the performance bond required in Subsection D(2)(e) below may not be earlier than two growing seasons following the end of mining operations and removal of equipment.
Insurance. A certificate of liability insurance, naming the Town as co-insured, shall be required by the applicant prior to issuance of the special use permit. The minimum liability coverage shall be in the amount contained in the fee schedule established annually by the Town Board, or if not specified, shall be in a minimum amount of $1,000,000 for personal injury, including injury resulting in death, on the property. The liability coverage shall be maintained throughout the term of the permit.
Performance bonds. A performance bond or other form of surety approved by the Town Board, sufficient to assure compliance with the reclamation conditions herein and to repair extraordinary damage resulting from the operation to Town roads or to upgrade such roads near the property access, shall be reviewed as a part of special use permit approval or renewal. If the Planning Board determines, with the recommendation of the Town Engineer, that the performance bond shall be established or changed to reflect changes in the amount of disturbed acreage or to reflect changes in the cost of site reclamation or other costs omitted, the Board shall make such recommendation, with an amount, to the Town Board. The Planning Board shall give special use permit approval only after notice of approval of the performance bond by the Town Board. Said bond shall not be released until the operator has complied with all standards and conditions of this chapter and the special use permit, and a written release has been issued by the Town Board.
§ 250-51 Farm operations and agricultural businesses.
[Amended 5-14-2024 by L.L. No. 1-2024, effective 5-24-2024]
Intent. The Town of Clinton supports agriculture and will exercise its powers to enact and administer the provisions of its Town Code consistent with its Comprehensive Plan in such a manner as may realize the policy and goals set forth in New York State Agriculture and Markets Law Article 25-AA, and shall not unreasonably restrict or regulate farm operations within agricultural districts in contravention of the purposes of New York State AGM Article 25-AA unless it can be shown that the public health or safety is threatened. The Town supports the continued operation of active farm operations and has provided, through the regulations of this chapter and Chapter 206, Subdivision of Land, the means for the Town to approve the development of non-agricultural land subject to such conditions as may be required to assure the long-term viability of active farm operations and agricultural use by limiting the potential for conflict between these protected uses and any newly established non-agricultural land uses. It is the general purpose and intent of this section to maintain and preserve the rural tradition and character of the Town of Clinton, to permit the continuation of agriculture, to protect the existence of farm operations, and to encourage the initiation and expansion of farm operations and agricultural use.
Essential activity. The Town finds that farming is an essential activity and that farm operations reinforce the special quality of life enjoyed by citizens, provide the visual benefit of open spaces, and generate economic benefits and social well-being within the community. Therefore, the Town emphasizes to new residents that the Town encourages its agriculture and requests new residents to be understanding of the necessary day-to-day operations that accompany agricultural use.
Right to farm. Farmers, as well as those employed, retained, or otherwise authorized to act on behalf of farmers, may lawfully engage in agricultural use within the Town in compliance with all laws and regulations.
Notice to prospective neighbors. Any parcel that borders a farm operation shall include the following notice in building permits and on plats of subdivisions submitted for approval pursuant to New York Town Law § 276: "This property borders a farm operation, as defined in Chapter 250, Zoning, of the Town of Clinton Town Code. Residents should be aware that farmers have the right to conduct agricultural use which may generate dust, odor, smoke, noise, and vibration." As used in this provision, a bordering parcel shall mean a parcel that is located adjacent to the lot line of a farm operation not separated by a road. See also New York State Agriculture and Markets Law §§ 305-b and 310 for additional notification requirements.
Farm worker housing. In order to accommodate long workdays, seasonal housing needs, the shortage of nearby rental housing, and because farm worker housing is considered by New York State to be an integral part of farm operations, the Town permits farm worker housing under the following regulations:
Farm worker housing shall be exempt from the requirements of § 250-29, Accessory dwelling units. Structures used for farm worker housing shall not be included in the count of total accessory dwelling units nor accessory structures allowed on a lot, provided all other provisions of § 250-51E are met.
Use of farm worker housing. Only a farm worker, as defined in this chapter, his or her immediate family, and persons otherwise permitted by N.Y. Real Property Law § 235-f may live in or otherwise occupy farm worker housing. Farm worker housing may not, at any time, be used as any other type of dwelling unit, including but not limited to a principal dwelling unit or an accessory dwelling unit, nor may it be used for any other use, including but not limited to short-term rental, transient lodging, or long-term rental, without an application made to and approved by the Town for a change in the certificate of occupancy, which application may require site plan approval and a special use permit.
Permit required. A building permit under § 250-91 shall be required for farm worker housing prior to the commencement of construction and a certificate of occupancy must be issued as described in § 250-92 prior to the commencement of occupancy. Further, farm worker housing must meet Housing and Urban Development (HUD) standards and must pass all inspections by the Town of Clinton Building Inspector as required by the Town of Clinton Town Code and the New York State Uniform Fire Prevention and Building Code (Uniform Code) prior to the commencement of occupancy. At the discretion of the Building Inspector, and as allowed for in § 250-92D, Certificates of occupancy, a temporary certificate of occupancy may be issued when deemed necessary and appropriate by the Building Inspector.
Size, type, and location. Farm worker housing shall comply with all regulations pertaining to migrant farm worker housing provided in Part 15 of Chapter I of Title 10 of the New York Codes, Rules, and Regulations. It may be of any approved construction type or method allowed under the Uniform Code, including but not limited to factory-manufactured homes and mobile homes, with consideration to maintaining a reasonable affordability for the farm operation. Farm worker housing may be located anywhere within the farm operation, provided that all applicable setback requirements are met and that appropriate consideration is given to environmental and operational considerations.
Modified site plan review. In cases where the proposed farm worker housing presents reasonable concern or other special considerations, the Municipal Code Enforcement Inspector may, after consulting with the New York State Department of Agriculture and Markets, require modified site plan approval by the Planning Board under § 250-51G.
Water and wastewater. All water and wastewater utilities serving farm worker housing shall be approved and certified by the Dutchess County Department of Health prior to a certificate of occupancy or temporary certificate of occupancy being issued. Certification that the proposed water supply and wastewater management systems meet the requirements of the Dutchess County Health Department is required prior to the issuance of a building permit for farm worker housing.
Professional advisors required. As a dwelling unit intended for human habitation, farm worker housing is subject to the Uniform Code and, therefore, the plans submitted with a building permit application for farm worker housing must be certified and approved by a New York State licensed professional engineer or registered architect.
Exclusions. A dwelling or accessory dwelling occupied by any owner or partner of a farm operation shall not be considered farm worker housing. Also, any family of any owner or partner of a farm operation who is not employed as a full-time employee of the farm operation shall not be eligible for farm worker housing and shall not occupy farm worker housing unless they are also the immediate family of a farm worker or are otherwise permitted to occupy such housing by law.
Maintenance and upkeep. Farm worker housing units, as tenant-type dwelling units, shall provide housing for farm workers that is consistent with New York State Real Property Law and shall, according to Real Property Law § 235-B, Warranty of Habitability, be maintained in such a way as to be fit for human habitation and kept in such a way so that no farm worker, or immediate family member thereof, residing therein shall be subjected to any conditions that would be dangerous, hazardous, or detrimental to his or her life, health, or safety. In the event such condition is found to exist, the Municipal Code Enforcement Inspector is empowered to take all actions necessary to remedy the condition, including but not limited to issuing an order to remedy under § 250-89E.
Screening. Farm worker housing is not considered by the Town to be objectionable or different from other forms of residential housing. The Town shall not generally require the screening of farm worker housing from neighboring lots nor from adjacent roads. However, should it be determined that the existence or conditions of any specific farm worker housing creates a threat to the public health or safety, or if it is shown that there are other special local considerations that make screening necessary, screening may be required.
Termination of use and conversion or removal. The Town understands that farm operations are not only seasonal in nature, but often have varying requirements from one year to another. Because there may be years in which a unit of farm worker housing is not required by the farm operation, such a vacancy or interruption of use shall not cause such use to expire. However, should a unit of farm worker housing remain unused for a period of three consecutive years or be used for another use for any amount of time, the certificate of occupancy shall be revoked, the use of said farm worker housing shall terminate, and the dwelling unit must either be converted to a different approved use, subject to the requirements of the Town Code, or be removed from the lot. Similarly, should the farm operation cease operations in a permanent manner, all farm worker housing in existence within said farm operation must either be converted to a different approved use, subject to the requirements of the Town Code, or be removed from the lot.
Agricultural businesses. Consistent with the intent of New York State Agriculture and Markets Law Article 23, Direct Marketing, as stated in AGM § 281, the Town recognizes the need for farm operations within an agricultural district to engage in a variety of alternative marketing structures for agricultural products, including but not limited to direct sales of raw and processed agricultural products or foods containing agricultural products, agricultural tourism, farm marketing events, farm stores, farm restaurants, farm tasting rooms, and on-farm slaughterhouses. As indicated in standards set in New York State Agriculture and Markets Law Article 25-AA, the primary purpose of an agricultural business must be to sell the farm's crops, livestock, and livestock products in a manner that primarily promotes the sale, marketing, production, harvesting, or use of the products of the farm and enhances the public's understanding and awareness of farming and farm life. The Town recognizes that the nature of most farms within the Town does not allow for effective marketing and sales of agricultural products if limited to only those agricultural products produced on-farm and, in agreement with guidelines provided by New York State Department of Agriculture and Markets, allows for an agricultural business to be supplied by multiple New York State farms. The amount and extent of the relationship between on-farm agricultural products and other agricultural products is described below as necessary. The intent of this section is to provide a means for farm operations to directly market and sell to the public in a way that promotes the rural and agricultural nature of the Town of Clinton and to provide a means for farm operations in an agricultural district to do so beyond the standards and protections of New York State Agriculture and Markets Law. To this end, any reference to "agricultural business," "farm restaurant," "farm store," or "farm tasting room" herein shall use the specific definitions of this chapter and shall not hold the same meaning as agricultural business, farm restaurant, farm store, or farm tasting room as may be used elsewhere. Nothing herein shall preclude or prevent a farm operation from engaging in more than one agricultural business. The following regulations apply to agricultural businesses in the Town of Clinton:
Annual farm operation informational permit required. The filing of an annual farm operation informational permit as provided for in this section shall be required for any farm operation open to the public and/or engaged in retail marketing and/or retail sales as part of its farm operation. There shall be no cost to a farm operation for the filing of an annual farm operation informational permit.
An annual farm operation informational permit must be filed prior to the commencement of any retail marketing or retail sales and shall be updated at least annually on or before March 31, and prior to any proposed operational change in the retail marketing and/or retail sales.
The Municipal Code Enforcement Inspector may consult with the New York State Department of Agriculture and Markets to determine if the retail marketing and/or retail sales conducted as part of a farm operation are being done in such a way as to be within the standards and protections of New York State Agriculture and Markets Law.
Any proposed retail marketing and/or retail sales by a farm operation determined to be outside the standards and protections of New York State Agriculture and Markets Law shall be deemed an accessory use to the farm operation and subject to the requirements of this chapter, including but not limited to § 250-51, Farm operations and agricultural businesses, § 250-97, Special use permits, and site plan approval pursuant to § 250-51G, modified site plan process. Any required approvals or permits must be in full effect prior to commencing such retail marketing and/or retail sales.
Agricultural tourism. Agricultural tourism is permitted on all farm operations within an agricultural district in the Town, under the following conditions:
Agricultural tourism is allowed only on lots on which there is an active farm operation and must be hosted by that farm operation. A farm operation conducting agricultural tourism must register with the Town by filing an annual farm operation informational permit as required under § 250-51F(1).
Activities must predominantly promote the sale, marketing, production, harvesting, or use of the on-farm agricultural products, or to specifically serve the purpose of educating the public about farms and agriculture. In order to be considered as predominantly promoting the above, such promotion must be demonstrably clear to the Municipal Code Enforcement Inspector, who may consult with the New York State Department of Agriculture and Markets for guidance.
The focus of the activities must be to enhance the public's understanding and awareness of farming and farm life.
Agricultural tourism activities shall not occur in the hours between 10:00 pm and 10:00 am and must comply with § 250-28, General performance standards, in order to protect the public health, safety, and welfare.
Parking shall be in designated areas only and shall be buffered from view of neighboring properties by farm buildings, fencing, topography, or other reasonable means whenever possible. While parking on vegetated areas is allowed, such parking areas shall be large enough to provide for the continued growth and health of the vegetation.
Agricultural tourism as used herein is intended to be incidental and occasional to the farm operation, so demonstrated by the use of additional and different means of marketing, promotion, and/or selling of on-farm agricultural products. Direct on-farm sales held without the inclusion of promotional activities are not considered agricultural tourism.
Farm marketing events. Farm marketing events are a useful tool for attracting customers to farms and, as such, may contribute to the production, preparation, and marketing of agricultural products as a commercial enterprise. The following regulations apply to farm marketing events:
Farm marketing events are allowed as part of any farm operation within an agricultural district in the Town. A farm operation conducting a farm marketing event must submit an annual farm operation informational permit as required under § 250-51F(1) to the Town of Clinton Building and Zoning Department for each such event. At the discretion of the Municipal Code Enforcement Inspector, who may consult with the New York State Department of Agriculture and Markets, a site plan approval under the modified site plan process may be required.
The primary purpose of the farm marketing event must be to sell the on-farm agricultural products of the farm operation and not to gain admission fees or rental income.
Agricultural products from the farm operation must be grown or raised on-farm and sold through direct marketing to the public at the time and location of the farm marketing event. Although additional agricultural products from other New York State farms may also be marketed and sold as part of a farm marketing event, the sales from such products may not be included in the gross sales from the retail sale of on-farm agricultural products mentioned in Subsection F(3)(d) below.
Farm marketing events must be incidental and subordinate to the farm operation. Incidental is determined to mean that the total of gross annual receipts from other than on-farm agricultural products sold at such events does not exceed 30% of the total gross sales from the retail sale of on-farm agricultural products sold at such events. All agricultural products must be sold at a cost no higher than the current retail price of such products sold as part of the farm operation.
Farm operations are required to keep sufficient records to prove that the financial requirement is met and must submit a report of such records to the Municipal Code Enforcement Inspector annually if requested.
Farm marketing events may include other relevant vendors such as, but not limited to, food trucks, face painters, and craftspeople. However, any financial benefit from any such vendor shall count toward the gross annual receipts from non-on-farm agricultural products. Any such vendor must possess, in full force and effect, any and all certificates, licenses, and permits as required by any agency governing said vendor.
Farm restaurants and farm tasting rooms. In the interest of better connecting consumers to the farms from which their food originates, the Town recognizes the value in broadening the available forms of direct sales of agricultural products from farm operations to the general public. Furthermore, farm restaurants and farm tasting rooms have the unique opportunity to sell a variety of specialized, gourmet, or hard-to-find fresh agricultural products, including but not limited to herbs, mushrooms, fruits, meats, vegetables, wines, ales, and spirits, in a variety of specialized ways while creating a rural community experience centered around farming and agriculture. To this end, the Town allows for farm restaurants and farm tasting rooms to be operated as part of a farm operation within an agricultural district according to the following regulations:
Farm restaurants and farm tasting rooms determined, as described above in § 250-51F(1), to be operating outside of the standards and protections of New York State Agriculture and Markets Law shall be considered an accessory use to the farm operation and subject to the requirements of this chapter, including but not limited to § 250-51, Farm operations and agricultural businesses, § 250-97, Special use permits, and to site plan approval under the modified site plan process pursuant to § 250-51G.
Food and beverage service at farm restaurants. A farm restaurant must primarily be a food service establishment but may also serve and sell beverages, New York State agricultural products, and other relevant goods as accessory to food. The clear majority, 70% or more, of items and products for sale must be agricultural products as defined herein, and at least 40% of the agricultural products for sale must be on-farm agricultural products. Complementary products that enhance the promotion of farming and agricultural products, such as t-shirts, books, stickers, etc., may also be sold, but shall be clearly incidental to the sale of agricultural products, so demonstrated by representing 30% or less of total items and products for sale.
Food and beverage service at farm tasting rooms. Food service at farm tasting rooms shall be limited to the minimum requirements of the New York State Liquor Authority and such establishments may not serve food or beverages in such a way as to require a food service permit from the Dutchess County Department of Health, though they may sell other relevant goods. The clear majority, 70% or more, of items and products for sale must be agricultural products as defined herein, and at least 40% of the agricultural products for sale must be on-farm agricultural products. Complementary products that enhance the promotion of farming and agricultural products, such as t-shirts, books, stickers, etc., may also be sold, but shall be clearly incidental to the sale of agricultural products, so demonstrated by representing 30% or fewer of total items and products for sale.
Use of a building required. A farm restaurant or farm tasting room shall be principally located within an agricultural commercial building and shall not be located solely within a tent or other temporary structure, though use of a tent that is accessory to the agricultural commercial building is allowed. All buildings and structures, including tents, sheds, barns, and other outbuildings, must have a valid certificate of occupancy to be used as any part of a farm restaurant or farm tasting room. Such buildings, structures, and/or tents must meet the requirements of the Uniform Code.
The capacity of a farm restaurant or farm tasting room shall be restricted by the Uniform Fire Safety Code as determined by the Town Fire Inspector.
Days and hours of operation. Farm restaurants and farm tasting rooms that are under license of the New York State Liquor Authority shall comply with any and all regulations pertaining to days and hours of operation promulgated by the New York State Liquor Authority and must only operate during the specific dates and times permitted pursuant to their New York State Liquor Authority license. At all times, the operation of a farm restaurant or farm tasting room shall comply with § 250-28, General performance standards. The Planning Board shall have the discretion to further restrict the hours of operation based on the specifics of an application, including but not limited to impact on neighboring properties, traffic concerns, and overall size and make-up of the proposed operation. Herein, the term "operation" shall mean the service of customers and shall not include time required for opening or closing procedures.
Outdoor activities. Food service, beverage service, and other related activities that are complementary to the promotion and marketing of agricultural products shall be allowed in defined outdoor areas in accordance with all applicable sections of this chapter, including § 250-28, General performance standards, and any additional requirements imposed by the Planning Board as included in the final resolution granting site plan approval through the modified site plan process. Outdoor areas proposed to be used for such outdoor activities shall be clearly shown on the sketch plan and narrative description.
Music. Live or recorded music is allowed provided that it is incidental to the promotion and marketing of agricultural products and must comply with § 250-28, General performance standards. This allowance shall not be construed to mean that live or recorded music can be played at such a volume so as to detract from the on-farm experience, nor to be a disturbance or nuisance to the neighborhood. Noise complaints shall be recorded against the property owner and may result in fines and penalties as described in this chapter.
Large events. The principal purpose of a farm restaurant or farm tasting room shall be to provide for the promotion and marketing of agricultural products by offering such products for sale to the public as an exceptional opportunity within otherwise rural agricultural neighborhoods. It shall not be the purpose of these establishments to act as event venues without also holding a special use permit as required by § 250-45.1, Agricultural event venues. Therefore, the number of events larger than the stated capacity of a farm restaurant or farm tasting room, if any, shall be limited by the Planning Board and such limitation shall be clearly stated in the resolution granting site plan approval under the modified site plan process approval. In its determination, the Planning Board should consider the size and occupancy capacity of buildings and structures, the proximity of these to adjoining residences, the size and location of parking facilities, the overall topography and natural features of the lot, the potential for noise or other disruptions to the neighborhood, and the overall safety and health of all persons.
Other applicable laws. Since they are intended to operate with considerable frequency in rural areas within the Town for the benefit and inclusion of the general public, and are not considered agricultural buildings as defined herein, farm restaurants and farm tasting rooms are subject to site plan approval through the modified site plan process approval under § 250-51G, § 250-91, Building permits, § 250-92, Certificates of occupancy, and any other applicable provisions of the Town Code as determined by the Municipal Code Enforcement Inspector and/or the Planning Board in their review of an application for a proposed farm restaurant or farm tasting room.
Governance by other agencies. Additional permits, licenses, and certifications shall be obtained by the applicant as required by any additional agencies. It is the responsibility of the applicant to be aware of and to obtain all required certificates, licenses, and permits that are applicable to the proposed operation. These may include but are not limited to:
The Dutchess County Department of Health for Food Service, Public Water Supply, Wastewater, and any other relevant permits required by the New York State Department of Health;
The New York State Liquor Authority for the service of any alcohol;
The New York State Department of Agriculture and Markets for retail food sales and any other permits, licenses, or certifications required by the Department of Agriculture and Markets;
The New York State Department of Taxation and Finance for a certificate of authority to collect sales tax;
Any other permits, licenses, or certifications as may be required by any agency having jurisdiction over the proposed operation of a farm restaurant or farm tasting room within a farm operation.
Farm stand. The Town of Clinton recognizes the right of a farm operation within an agricultural district to directly market and sell its on-farm agricultural products, provided such marketing and selling meets all standards and requirements of New York State Agriculture and Markets Law. The following standards apply to farm stands within the Town of Clinton:
Location. A farm stand shall be on a lot that is part of the farm operation. It may be located within the front yard setback but shall not create a potential hazard nor impact vehicular traffic on any road and shall be located at least 20 feet from the edge of the right-of-way of any road.
Cooperation with other farms. A farm stand may market and sell the agricultural products of other local farms as a means to attract additional customers through product diversity. However, the on-farm agricultural products marketed and sold shall generally make up 51% or more of total agricultural products. Also, off-farm agricultural products shall be representative of the on-farm agricultural products produced by the farm operation.
Certificate of occupancy. A farm stand that allows entry by the general public and/or acts as a place of employment for the processing, treating, or packaging of agricultural products shall be deemed an agricultural commercial building and shall hold a certificate of occupancy as such prior to the commencement of use as a farm stand. A farm stand that cannot be classified as an agricultural commercial building shall be considered an agricultural building and shall hold a certificate of occupancy as such prior to the commencement of use as a farm stand.
Farm store. In order to provide a mechanism to improve the access of the public to New York agricultural products and to promote the economic viability of farm operations within the Town of Clinton, farm stores are allowed as part of a farm operation within an agricultural district with the following regulations:
Farm stores determined, as described above in § 250-51F(1), to be operating outside of the standards and protections of New York State Agriculture and Markets Law shall be considered an accessory use to the farm operation and subject to the requirements of this chapter, including but not limited to § 250-51, Farm operations and agricultural businesses, § 250-97, Special use permits, and to site plan approval under the modified site plan process pursuant to § 250-51G.
Use of a building or structure required. A farm store shall be principally located within a permanent agricultural commercial building and shall not be an open-air store nor located solely within a tent, though use of a tent that is accessory to the agricultural commercial building is allowed. All buildings and structures, including tents, sheds, barns, and other outbuildings, must have a valid certificate of occupancy to be used as part of a farm store. Such structures and/or tents must meet the requirements of the Uniform Code, as amended.
Items for sale. The principal purpose of a farm store shall be to provide for the promotion of agricultural products by offering such products for sale to the public. Therefore, at least 60% of items sold must be New York State agricultural products with at least 60% of the agricultural products for sale being made up from on-farm agricultural products. Complementary products that enhance the promotion of farming and New York State agricultural products, such as t-shirts, books, stickers, pet food, garden supplies, etc., may also be sold, but shall be clearly incidental to the sale of agricultural products, so demonstrated by representing fewer than 40% of total items and products for sale.
Facilities and equipment. Farm stores may include the facilities and equipment necessary for the packing, shipping, first-instance processing, or storage of farm and food products. All such facilities, equipment, and processing shall, as necessary, meet the requirements of New York State Agriculture and Markets Law, the New York State Liquor Authority, the Dutchess County Health Department, and any other regulations or requirements that are necessary.
Days and hours of operation. Farm stores shall be allowed to operate within the following parameters, though the Planning Board, at its discretion, may deviate from these restrictions and impose other parameters based upon its review of an application:
Setback exception. The requirements of § 250-23, Measurement and use of yards, and the applicable requirements of Attachment 2, District Schedule of Area and Bulk Regulations,[1] for the Zoning District in which the farm store is proposed to be located shall apply, except that farm stores shall be exempt from the front yard setback therein, such requirement being replaced by a front yard setback deemed appropriate by the Planning Board based on its review of the application for site plan approval for a farm store. However, in no instance shall a farm store be less than 20 feet from the nearest road edge, nor shall it negatively impact site lines on any road.
[1]
Editor's Note: The District Schedule of Area and Bulk Regulations is included as an attachment to this chapter.
Compliance with other codes. Farm stores, being intended to operate in rural areas within the Town of Clinton for the benefit and inclusion of the general public and not simply as agricultural buildings, must comply with § 250-91, Building permits, § 250-92, Certificates of occupancy, and any other applicable provisions of the Town Code as determined by the Municipal Code Enforcement Inspector and/or the Planning Board in their review of the application.
Governance by other agencies. Additional permits, licenses, and certifications shall be obtained by the applicant as required by any additional agencies. It is the responsibility of the applicant to be aware of and obtain all required certificates, licenses, and permits that are applicable to the proposed operation. These may include, but are not limited to:
The Dutchess County Department of Health for Food Service, Public Water Supply, Wastewater, and any other relevant permits required by the New York State Department of Health;
The New York State Liquor Authority for the service of any alcohol;
The New York State Department of Agriculture and Markets for retail food sales and any other required permits, licenses, or certifications required by the Department of Agriculture and Markets;
The New York State Department of Taxation and Finance for a certificate of authority to collect sales tax;
Any other permits, licenses, or certifications as may be required by any agency having jurisdiction.
Roadside stand. The Town of Clinton is fortunate to have a large number of gardeners and non-commercial producers of agricultural products. In order to help these growers and producers directly market and sell or share their agricultural products, and to assist the general public in accessing them, the Town recognizes the community need for small-scale buildings, structures, or vehicles located nearer to the road than may otherwise be allowed in this chapter. Roadside stands in the Town of Clinton shall be regulated as follows:
Building permits not required. Provided the requirements below are met, buildings and structures used for roadside stands shall require neither a building permit nor a certificate of occupancy, nor shall they count against the total number of accessory structures allowed on a lot(s). Roadside stands must, however, be registered with the Town of Clinton Zoning Department but are not required to file an annual farm operation informational permit.
A roadside stand shall not be greater than 100 square feet in gross floor area and no greater in height than 10 feet at its highest point. There shall be no permanent foundation and the roadside stand shall be placed on a level, well-drained surface.
The general public shall not be allowed entry into a roadside stand.
A roadside stand may be served by electricity, provided such electrical service meets the requirements of the Uniform Code as inspected and confirmed by the Building Inspector. It shall not be served by any other utilities.
There shall be no heat source, including open flame, within or on a roadside stand.
Location. Roadside stands shall be located at least 20 feet from the edge of the right-of-way of any road and must not create a potential hazard nor impact vehicular traffic on any road. Adequate site distance and space for vehicles to pull off the roadway and park safely must be provided and maintained. However, the construction or installation of impervious surfaces, such as asphalt or concrete, for the express use of a roadside stand is prohibited.
End of use. Should the use of a roadside stand be abandoned, discontinued, terminated, or left unused for a period of one year, such roadside stand shall be removed by the property owner.
Multiple vendors. Agricultural products marketed, sold, or shared utilizing a roadside stand need not be grown, raised, and/or produced on the lot on which the roadside stand is located. However, only agricultural products not produced as part of a farm operation may be included.
Vendor permit. Property owners with roadside stands shall not be required to obtain a permit to sell agricultural products, provided that no agricultural products are being sold by, or on behalf of, a farm operation.
Roadside vendors. A roadside building, structure, or vehicle used to market, sell, or share anything other than agricultural products shall not be considered a roadside stand and shall be regulated by other relevant sections of the Town Code. See § 250-75D.
Other agencies. It is the full responsibility of the property owner to be aware of and to comply with all applicable Town, county, state, and federal laws, if any, in regard to the items being marketed, sold, or shared in a roadside stand.
On-farm slaughterhouse. New York State Agriculture and Markets Law provides for the regulation of on-farm slaughter and butchering for food in Article 5-A of the New York State Agriculture and Markets Law. Therefore, the Town allows for slaughtering or butchering only as part of a farm operation and only under strict adherence to Article 5-A mentioned above.
License required. Any person, firm, or corporation engaged in the operation of any place or establishment where animals or fowls are slaughtered or butchered for food must be licensed by the Commissioner of the New York State Department of Agriculture and Markets as described and regulated under New York State Agriculture and Market Law Article 5-A, Licensing of Slaughterhouses.
Registration with the Town. The operation of a slaughterhouse or a butchering facility as part of a farm operation shall be registered with the Town, and such registration shall include a copy of the license given by the Commissioner of the Department of Agriculture and Markets.
Reporting of complaints. Any and all complaints or concerns offered against a slaughterhouse or butchering facility, or potential violations allegedly committed by such of any laws, regulations, or requirements of any agency tasked with the governance of slaughterhouses and/or butchering facilities, shall be reported to the Commissioner of the Department of Agriculture and Markets and shall be considered a violation of the Town Code § 250-51J(7). Enforcement by the Municipal Code Enforcement Inspector shall be coordinated with the Department of Agriculture and Markets if possible.
Modified site plan process. In the interest of facilitating beneficial communication between the Town and local farm operations and to assist farmers in creating safe, accessible, and efficient operations, where site plan approval by the Planning Board is required for a farm operation or an agricultural business, it will, unless otherwise indicated, follow the modified site plan process below:
Sketch plan. A sketch of the lot or lots of the farm operation on a location map (e.g., tax map) plainly showing boundaries and dimensions of the lot or lots involved, identifying contiguous properties and roadways, and including any known easements or rights-of-way that burden or benefit the lot or lots. Additionally, the sketch must show the following:
The approximate location of all existing buildings, structures, uses, and features, including crops, pastures, woodlands, watercourses, wetlands, water and wastewater systems, manure storage, and composting areas of the lot or lots as well as those within 500 feet of the farm operation.
The proposed location and arrangement of all proposed buildings, structures, and uses on the lot or lots, including but not limited to proposed buildings, tents, gazebos, barns, sheds, signs, means of ingress and egress, parking, and traffic circulation. This sketch must include exterior dimensions and elevations of front, side, and rear views of each building or structure as well as clear labels of each use. A copy of any available blueprints, plans, or drawings shall also be included.
Narrative description. A description of all aspects of the farm operation (existing and proposed) and a narrative describing the intended uses and locations of proposed buildings, structures, tents, gazebos, barns, signs, etc., including relevant information regarding anticipated uses, proposed hours of operation, a list of proposed products and merchandise to be sold (if any), types of anticipated events (if any), and any anticipated changes in the existing topography and natural features of the lot or lots to accommodate the proposed changes. The narrative should also contain an agricultural data statement and a description of how the proposed agricultural business, agricultural event venue, or farm operation meets the goals of promoting New York State agricultural products and of enhancing the public's understanding and awareness of farming and farm life.
Owner information. Provide the name and address of the applicant and all owners of the farm operation lot or lots. If the owners of the lot or lots are entities other than a natural person, provide the names and addresses of the individual or individuals who are the owners or members of the entity.
Authorization. If the applicant is not the owner of the lot or lots, a consent of authorization to act form signed by the owner of the lot or lots is required.
Wetlands. If any new buildings, structures, tents, gazebos, barns, or signs are going to be located adjacent to a watercourse or wetland, provide a copy of the floodplain map and wetland map that corresponds with the boundaries of the lot or lots.
Fee. Payment of the application fee, as set by resolution of the Town Board, is required. See the Town of Clinton Fee Schedule.
§ 250-52 Farm machinery sales.
The following regulations apply to farm machinery sales:
In AR5, AR3 and C Districts, farm machinery sales shall be limited to an accessory use of a farm.
No outdoor storage of farm machinery for sale in AR5, AR3 and C Districts shall be closer than 100 feet to any property line.
Outdoor storage of farm machinery for sale shall be visually screened from any adjoining residential properties and roadways by fences, walls, or trees and shrubs in a manner sufficient to visually obscure the activity from the surrounding neighborhood.
Such regulations shall not apply to incidental sales of used farm machinery owned and used as part of the agricultural operation.
§ 250-53 Gasoline stations or automobile service facilities.
The following regulations apply to gasoline stations and automobile service facilities:
A minimum road frontage of 200 feet shall be required.
No gasoline station or automobile service facility shall have a vehicular entrance closer than 200 feet to an entrance to a church, school, theater, hospital, park, playground or other public gathering place designed for occupation by more than 50 people.
No site plan shall be approved unless the Planning Board finds that the proposal contains adequate safeguards to prevent pollution of surface or ground water. The site plan must show any school, playground, place of public assembly, surface water, drainage channel, or environmentally sensitive area such as wetlands within 500 feet of the proposal.
All such facilities shall be so arranged as to require all servicing on the premises and outside the public way. As much as possible, all repair work shall be performed indoors. All vehicles awaiting repair, dismantled vehicles, and automobile parts shall be stored indoors or within a screen conforming to the setback required for buildings.
Pumps and other dispensing devices, except air pumps, shall be located no nearer than 50 feet to any property line.
All waste material shall be stored within a structure or enclosed within fencing at least eight feet high and shall not be visible at any property line of the establishment.
Gasoline or flammable oils in bulk shall be stored fully underground, in accordance with current New York State DEC regulations, and may not be closer than 25 feet to any lot or street right-of-way line.
No inoperative motor vehicle shall be kept on the premises for longer than 14 calendar days, except where it is demonstrated that necessary repair parts have been ordered and delivery is awaited.
In addition to other landscaping requirements established by this chapter, suitable year-round buffering and landscaping shall be provided in all rear and side yards through a mix of deciduous and evergreen planting.
The premises shall not be used for the display for sales, lease or rental of automobiles, trailers, mobile homes, boats or other vehicles.
Commercial car wash facilities, body repair, or painting are not permitted as part of this use.
§ 250-54 Golf courses or country clubs.
The following regulations apply to golf courses and country clubs:
The minimum lot size shall be 50 acres.
Any buildings incidental to a golf course shall be located at least 200 feet from any street or property line. Restaurants and other food-service establishments, health and fitness facilities, and lodging accommodations incidental to the principal use shall be permitted, provided such facilities receive site plan approval.
Parking areas shall be located at least 50 feet from any street or property line.
Tees, fairways and greens shall be located at least 200 feet from any residential property line; however, where residential lots are included as part of the golf course subdivision, the Planning Board may reduce this requirement to 50 feet. Fencing may be required by the Planning Board as a condition of permit approval.
Year-round screening of all buildings and parking areas shall be installed in accordance with § 250-61, Landscaping, along any residential property line.
Surface runoff from any golf course shall not contain nutrients or other chemicals that will cause harm to surrounding habitat. The Planning Board shall require a golf course developer to complete a study of drainage and surface runoff as a condition of special use permit approval and provide mitigation where it is determined that such runoff will have a negative impact.[1]
No permanent buildings are allowed in a floodplain.
§ 250-55 Historic district and landmark protection.
Purpose. It is the Town's intent to protect those historic features which enrich the quality of life for the residents of Clinton. Clinton's Master Plan contains a partial list of historically important sites and the county has conducted a survey of the Town's historic resources. Historic districts and individual landmarks may be designated by the Town Board in accordance with General Municipal Law §§ 96-a and 119-aa et seq and the procedures hereinafter specified for the following purposes:
To protect and enhance the landmarks and historic districts which represent distinctive elements of Clinton's historic, architectural, and cultural heritage;
To foster civic pride in the accomplishments of the past;
To protect and enhance Clinton's attractiveness to residents and visitors and the support and stimulus to the economy thereby provided; and
To ensure the harmonious, orderly and efficient growth of the Town and promote the economic, cultural, educational, and general welfare of the public.
Petition. A petition for designation of an historic district or landmark shall be submitted to the Town Board by the Planning Board, Conservation Advisory Committee, local historical group, or interested Town residents. The petition shall include documentation to justify such a designation, a description of historically significant features of the site(s), and specific recommendations for boundaries.
Procedures for historic designation.
If the Town Board decides to consider such a petition, no building or demolition permits for the nominated properties shall be issued by the Building Inspector until the Town Board has made its decision on designation.
Notice of such consideration shall be given to the public and by certified mail to the owner(s) of all properties proposed for designation. A public hearing shall be held within 45 days of the Board's decision to consider the petition. A decision to approve or disapprove the designation shall be made within 45 days of the public hearing.
If the Town Board determines that the proposed property or properties possess special character or historic or aesthetic importance as part of the cultural, political, economic, or social history of the locality, region, state or nation, it may designate a locally protected landmark or historic district. Notice of the designation, boundaries, and the supporting documentation shall be filed with the Town Clerk for use by the public, Building Inspector, Zoning Administrator, Planning Board, and Zoning Board of Appeals.
Standards.
All major exterior alterations, if visible from a public roadway, and any reconstruction, demolition, or relocation of a designated landmark or property within an historic district, as well as new construction visible to the public and within 200 feet of designated properties, shall require approval by the Planning Board or other committee empowered by resolution of the Town Board. "Major" alterations shall include change of architectural lines and replacement of siding with a different material, but shall exclude repair and painting.
In reviewing applications and permits that involve changes to exterior appearance of designated properties, the Planning Board's or review committee's decision should be based on the following principles:
Designated landmarks and properties which contribute to the character of the historic district shall be retained, with their historic features altered as little as possible;
Any alteration of an existing property or new construction shall be compatible with the property itself and surrounding properties in terms of scale, texture, materials, color, proportions of the facade, arrangement of openings within the facade, roof shape, and rhythm of spacing of properties on the street.
Application requirements and review procedures shall conform with the site plan review process described in § 250-96.
Nothing in the section shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a designated property which does not involve a change in design, material, or outward appearance. For the purposes of this section, changing paint color or roofing materials only is not subject to review.
Every effort shall be made in the Planning Board's review of site plans for properties adjacent to historic districts or landmarks to protect the views of historic sites and to make new construction compatible with designated properties.
§ 250-56 Home occupations.
Home occupations permit residents of the community a broader choice in the use of their homes as a place of livelihood or for the supplementing of household income. The provisions of this section are intended to protect and maintain the residential character of the neighborhood from commercial uses not customarily allowed in residential districts.
General.
A home occupation shall be conducted entirely within the principal residential structure; use of an accessory structure for other than storage is not permitted. No outdoor storage or displays shall be permitted.
A home occupation shall be clearly secondary to the residential use, and shall be carried on by one or more of the residents.
No more than one nonresident shall be permitted to work on the premises at any one time.
There shall be permitted no sharing, letting or subletting of space for use by others in the conduct of a home occupation.
No more than 25% of a dwelling unit's aboveground floor area shall be devoted to home occupational use.
No alteration of the residential appearance of the premises to accommodate a home occupation is allowed; exterior visual evidence of a home occupation shall be limited to one sign and up to three additional parking spaces as provided herein.
One unanimated, nonilluminated sign having an area of not more than three square feet shall be permitted on the street front of the lot on which the residence is located.
Services or instructions offered shall be limited to no more than three clients or customers at a time. Adequate off-street parking shall be required for customers.
Delivery and pick-up of materials or commodities to and from the premises by a commercial vehicle shall not exceed four trips per week, and the deliveries shall not restrict traffic.
In no case shall a home occupation be open to the public earlier than 8:00 a.m. or later than 9:00 p.m.
Except for articles produced on the premises and other articles customarily associated with a product made or a service provided on the premises, no stock-in-trade shall be displayed or sold on the premises nor shall any item be available for rental.
No home occupation shall be allowed which requires the presence in the home or on the premises of machinery or equipment or vehicles normally associated with commercial or industrial activities.
No home occupation shall be allowed which creates offensive noise, vibration, smoke, electrical interference, dust, odors, heat, glare or other nuisance.
Home occupations that attract customers, clients, or students to the premises for sales or service shall not be allowed in multifamily dwelling units.
Included home occupations. When conducted in accordance with the requirements stated herein, home occupations shall include but are not limited to the following: antique shops, dressmaking, millinery, home cooking, musical instruction, barber shop with not more than two chairs, beauty shop with not more than two chairs, small appliance repair, and day care for no more than six children and not requiring a New York State license (see § 250-46, Day-care or nursery school facilities). In addition, home occupations shall include but are not limited to the office or studio of a physician, dentist, accountant, artist, musician, lawyer, architect, engineer, teacher, insurance agent, realtor, computer programmer or other such professional person.
Home occupations prohibited. In addition to those uses which do not meet all of the requirements stated herein, the following uses are specifically prohibited as home occupations: ambulance, taxi, limousine or similar service; automobile-related business, including repair, parts, sales, upholstery, body work, painting or washing service; beauty salon or barber shop over two chairs; church; funeral home or mortician; alternate care facility; group musical or dancing instruction; restaurant, takeout food services, or tavern; video store; commercial servicing of construction equipment, including but not limited to backhoes, bulldozers, and trucks; public stable; kennel; animal hospital; plumbing or electrical shop or a similar trade or business.
§ 250-57 Hospitals.
§ 250-58 Hotels or motels.
The following regulations apply to hotels and motels:
The minimum lot area shall be three acres for the first 16 guest rooms, plus an additional 6,000 square feet of lot area for each additional guest room provided.
The minimum setback for any structure, parking lot or other outdoor facility from any street line or property line adjacent to another zoning district shall be 100 feet. The setback from all other property lines shall be 50 feet.
Hotels or motels are intended for temporary residency; occupancy of patrons shall not exceed four weeks in any six-month period.
Hotels and motels may include accessory restaurants and other facilities for the use of guests, not to exceed 25% of the total aboveground floor area.
Each rental structure in a motel shall contain at least eight rental units.
Parking shall be behind the front building line and should be encouraged to be in the side or rear yards.
§ 250-59 Kennels.
The following regulations apply to kennels:
The minimum lot size shall be 10 acres.
No building or other quarters shall be permitted within 250 feet of any property line.
All outdoor areas used by animals shall be located to the side or rear of the principal building on the site. Such areas shall be enclosed by fencing of a type of construction and height sufficient to confine any animal on the premises.
Such kennel shall be operated in such a manner as to produce no objectionable noise, odors, or other nuisances beyond the boundaries of the site on which it is located.
All such quarters shall at all times be maintained in a sanitary condition.
A maximum of 12 dogs over six months of age may be housed, except that two additional dogs may be housed for each one additional acre of land provided over 10 acres.
§ 250-60 Landfills, dumps or transfer stations.
Any landfill or transfer station shall be owned or operated by the Town of Clinton. No privately owned or operated landfills, dumps, or transfer stations are permitted in any district.
§ 250-61 Landscaping.
Purpose. It is the purpose of the Town of Clinton to protect the welfare of the residents and commercial interests of the community by assuring that new subdivisions, multifamily and industrial and commercial sites, including new parking areas, do not detract from property values and will preserve the rural character of the Town.
Applicability. The Planning Board shall require a landscaping plan for new subdivisions over two lots, for special use permits in hamlet and industrial districts, and for site plans for multifamily and parking lots. The Planning Board may waive the requirement for a landscaping plan or any part of this section.[1]
General landscaping requirements.
Topsoil shall be spread to a depth of three inches over that area of the site which is disturbed.
Sufficient trees and shrubs shall be either retained as the site is cleared, or planted, in order to preserve the natural appearance of the site. Such trees and shrubs shall be shown on the plan submitted.
Where a nonresidential use requiring a landscaping plan abuts a residential use, a buffer area of year-round screening satisfactory to the Planning Board shall be retained or provided.
Parking areas and parking lots shall be landscaped with trees and plantings, and shall be screened from neighboring properties.
Site accessories, such as trash receptacles, benches and phone booths, shall be located and screened in a manner satisfactory to the Planning Board.
A maintenance bond in an amount recommended by the Planning Board in consultation with the Town Engineer, and in a form satisfactory to the Attorney for the Town, may be set by the Town Board.
§ 250-62 Multifamily dwellings, including townhouses.
Purpose. The Town of Clinton Master Plan states that its primary housing goal is to provide a broader range of housing sizes and types in appropriate locations for all of Clinton's residents. In order to achieve this objective, it is necessary to create diversity in housing styles, prices, and tenures. This will help the community retain a diverse population, maintain its socioeconomic balance and sustain a diverse economy. This section allows for the creation of rental housing opportunities, the construction of attached units, and the conversion of appropriate existing buildings to multiple dwelling units.
Standards.
Multifamily dwellings shall be permitted only in districts so designated in the Schedule of Use Regulations[1] and upon issuance of a special use permit and site plan approval from the Planning Board as specified in Article VII, and in accordance with the additional requirements of this section.[2]
[1]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
All area and bulk requirements shall conform to the Schedule of Area and Bulk Regulations.[3] The number of dwelling units per acre shall not exceed the minimum lot area per dwelling unit or establishment required in the applicable district.
[3]
Editor's Note: The Schedule of Area and Bulk Regulations is included at the end of this chapter.
The minimum floor area of each dwelling unit shall be as follows: 400 square feet for a studio apartment; 500 square feet for a one-bedroom apartment; 700 square feet for a two-bedroom apartment; and 850 square feet for a three-bedroom apartment.
No individual structure shall contain more than six attached dwelling units.
No building shall exceed 150 feet in length or be located closer than 50 feet to any other principal building.
Within any multifamily rental development containing more than five units, one unit shall be reserved for a resident manager.
All buildings shall be arranged so as to avoid undue concentration of buildings or parking facilities and shall be oriented so as to preserve visual and auditory privacy.
Architectural design shall be in harmony with the prevailing character and scale of buildings in the neighborhood and the Town through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques. Variation in detail, form and siting shall be used to provide visual interest and avoid monotony. Proposed buildings shall relate harmoniously to each other with adequate light, air, circulation, and separation between buildings.
When necessary to ensure compatibility with the surroundings, buffer strips shall be provided. They shall consist of trees, hedges, dense plantings, earth berms, and/or changes in grade. These buffers shall be used, in particular, to separate the more dense character of multifamily housing from less intensely developed land uses and to maintain a natural transition between multifamily structures.
Usable open space, excluding parking, must be available for tenants. This open area shall be a minimum of 150 square feet per bedroom for adaptation of existing structures and at least 40% of the gross lot area for new structures.
A recreation fee will be charged for all new rental units as provided for in the current fee schedule. On-site dedication of land or construction of recreational facilities can be an alternative to a recreational fee.
All parking shall be provided in paved off-street areas. No parking lot shall be closer than 25 feet to the front of any building or 10 feet to the side or rear of any building.
All applicable requirements of the multiple residence section of the New York State Uniform Fire Prevention and Building Code shall be strictly met.
An existing building may be expanded only upon a showing that such expansion is necessary to allow a reasonable conversion of the building. If such expansion is permitted in no case shall the gross floor area of the building be increased by more than 500 square feet. Any changes to the exterior of the building must be compatible with the existing architecture of the building.
Adequate water supply and sewage disposal facilities shall be provided in full accordance with the requirements of the Town of Clinton and the Dutchess County Department of Health. For conversions of existing buildings, sufficient engineering documentation shall be provided to allow the Town and the Health Department to assess the adequacy of any existing facilities which are proposed for continued and expanded use.
§ 250-63 Off-street parking and loading.
General provisions.
All structures and land uses hereafter erected, enlarged, moved, created, changed in intensity or substantially altered shall be provided with the off-street parking and loading space required by the terms of this chapter to meet the needs of persons using or occupying such structures or land.
The plans for any new building or any expansion of an existing building, when submitted for site plan approval, shall show specifically the location, size and type of improvements of the off-street parking and loading space required to comply with this chapter and the means of access to such space from the public streets or highways. Off-street parking and loading requirements do not apply to single-family residential or other uses not requiring site plan approval.
No certificate of occupancy shall be issued for any building or land use until the required off-street parking space has been provided.
Required off-street parking facilities which, after development, are later dedicated to and accepted by the Town shall be deemed to continue to serve the uses or structures for which they were originally provided.
No off-street parking or loading space required for one building or use shall be included as meeting, in whole or in part, the off-street parking or loading space required or another building or use except as otherwise provided for in this chapter.
No off-street parking or loading space shall be so reduced in area that it does not meet the minimum requirement of this chapter.
Existing structures and uses.
Lawful structures and land uses at the time of the effective date of this chapter shall not be subject to the parking or loading space requirements of this chapter, provided that any parking and loading facilities then existing to serve such structures or uses shall not be reduced except where they exceed these requirements, in which case they shall not be reduced below such requirements.
Required parking and loading facilities as herein stated shall, however, be provided as a condition for the issuance of any building permit for any enlargement or change in use of such structures or uses in the future.
Location.
No off-street parking or loading area shall be used or shall be designed, arranged, or constructed to be used in a manner that will obstruct or interfere with the free use of any other parking space or any street, alley or adjoining property.
Off-street parking or loading areas that are requirements for a permitted use shall be located at least 10 feet from any property line, except where other provisions in this chapter require greater setbacks.
Required parking and loading spaces shall be provided upon the same lot as the use or structure to which they are accessory, except that off-street parking spaces required for structures or land uses on two or more adjacent lots may be provided in a single common facility on one or more of said lots. Required setbacks may be waived for this purpose. A legal instrument, satisfactory to the Planning Board, shall assure the continued existence of the parking facility to serve said structures or land uses as long as they may exist. Such agreements shall also guarantee that, upon the termination of such joint use, each subsequent use of the premises will provide off-street parking facilities for its own use in accordance with all requirements of this chapter.
If the off-street parking space required by this chapter cannot be reasonably provided on the same lot on which the principal use is conducted, the Planning Board may permit such space to be provided in a private lot within 400 feet of the main entrance to such principal use. Such parking space shall be deemed to be required open space associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner. The applicant must own or otherwise provide this space.
No commercial motor vehicle of more than one-ton capacity shall be parked or stored overnight on the street in any residential district, and such parking shall be subject to all other local laws.
Size of parking spaces.
Each parking space shall be at least nine feet wide and 18 feet long if unenclosed and at least 10 feet wide and 18 feet long if bordered by walls or columns on two or more sides.
Each space shall have direct and usable driveway access to a street and adequate maneuvering area between spaces in accordance with proper site engineering standards.
The front or rear vehicle overhang shall not encroach upon any sidewalk or landscaped area.
The Planning Board may consider, in the site plan approval process and upon the request of the applicant, a reduction in the size of the parking spaces for up to 15% of the number of parking spaces. In no event shall any parking space be less than eight feet wide and 18 feet long.
Grades, drainage, paving and marking.
All required parking facilities shall be graded, surfaced, drained and maintained throughout the duration of their use to the satisfaction of the Zoning Administrator to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across public ways or adjacent lands. Thermal pollution of any adjacent watercourses from runoff of parking areas shall be minimized. The maximum slope within a parking area shall be 5%.
In multifamily residential developments and in nonresidential developments, the Planning Board shall require the provision of maneuvering areas, entrances and exits.
Traffic circulation.
In order to encourage safe and convenient traffic circulation, the Planning Board may require the interconnection of parking areas via access drives within and between adjacent lots. The Board shall require written assurance and/or deed restrictions, satisfactory to the Town's attorney, binding the owner and his heirs and assignees to permit and maintain such internal access and circulation and interuse of parking facilities.
Unobstructed access to and from a street, so designed as to not require the backing of any vehicle across a sidewalk or a traffic lane, shall be provided for all parking and loading spaces.
Adequate access to buildings by use of fire lanes shall be provided and maintained in all off-street parking and loading areas.
Waiver of improvement.
Where the Planning Board determines that less than the required number of finished parking spaces will satisfy the intent of this chapter, said Board may waive the requirement for completion in part, but not in excess of 50% of the number of required parking spaces according to this section. Such waiver shall not apply to the number of spaces to be provided, but only the number to be completed.
In such cases, it shall be expressly demonstrated on the site plan that sufficient space remains for the provision of the total amount of off-street parking required, and the site plan shall bear such designation.
All such undeveloped parking space shall be used and maintained as additional landscaped grounds until required for parking.
Written guarantees, satisfactory to the Town's attorney, shall be submitted by the applicant for the eventual improvement of any spaces which have been waived. These spaces shall be constructed by the property owner within six months of the date of written notice to the property owner by the Planning Board that such spaces have been determined as necessary and must be constructed.
Operation and maintenance. Required off-street parking facilities shall be maintained as long as the use of the structure exists which the facilities are designed to serve. Required parking areas developed for specific structures and uses shall be reserved at all times for those persons who are employed at or make use of such structure and land uses.
Off-street parking requirements. Off-street motor vehicle parking facilities shall be provided as follows, except as may be modified in other provisions of this section or where additional parking requirements may be made as a condition of the issuance of a special use permit:[1]
Where two or more different uses are permitted on a single lot, the total amount of parking facilities to be provided shall be the sum of the requirements for each individual use on the lot. However, the Planning Board may approve the joint use of parking space by two or more establishments on the same or on contiguous lots, the total capacity of which space is less than the sum of the spaces required for each, provided that said Board finds that the capacity to be provided will substantially meet the intent of the requirements by reason of variation in the probable time of maximum use by patrons or employees among such establishments. Such approval of such joint use shall be automatically terminated upon the termination of the operation of any of such establishments.
Handicapped access. All parking spaces shall comply with New York State and local regulations concerning handicapped access as defined by the New York State Vehicle and Traffic Law, Article 32, § 1203-c or any successor statute.
Schedule of parking requirements.[2]
Use | Minimum Required Off-Street Parking Spaces | |
|---|---|---|
Accessory apartment | 2 per dwelling unit | |
Alternate care facility | 1 per 3 resident beds, plus 1 per employee | |
Amusement facilities | 1 for every 5 customers computed on the basis of maximum servicing capacity at any one time, plus 1 for every 2 persons regularly employed on the premises | |
Animal hospital, kennel | 4 per doctor, plus 1 per employee, but in no case less than 1 per 400 square feet of gross floor area | |
Bank, office | 1 per employee, but not less than 1 per 350 square feet of gross floor area | |
Clubhouse | 1 per 50 square feet of gross floor area in auditorium, assembly hall and dining room of such building, plus 1 for every 2 persons regularly employed on the premises | |
Funeral home | 1 per employee, plus 1 per 25 square feet of gross floor area in assembly rooms | |
Gasoline station or automobile service facility | 1 per 1,000 square feet of site area; spaces within service areas of building and at pumps and access lanes shall not be counted | |
Hospital | 1 for every 2 beds intended for patients, excluding bassinets | |
Hotel, other overnight accommodations | 1 per guest sleeping room, plus 1 for every 2 employees | |
Light manufacturing, research laboratory, or processing uses | 1 per employee on largest shift, but not less than 1 per 650 light manufacturing square feet of gross floor area | |
Medical clinic and related professional health service | 4 per doctor or equivalent professional, plus 1 per employee office | |
Residence, multifamily | 2 per dwelling unit | |
Residence, single-family or two-family | 2 per dwelling unit | |
Restaurant or bar | 1 for every 3 seats but not less than 1 per 100 square feet of gross floor area | |
Retail or service business | 1 for every 275 square feet of gross floor area | |
Educational institution | 1 per employee, plus 1 for every 5 students | |
Theater, place of worship | 1 for every 5 fixed seats; 1 per 100 square feet in places without fixed seats | |
Wholesale, storage, utility or other similar use | 1 per employee, but not less than 1 per 1,000 square feet of gross floor area | |
Other uses not listed | Reasonable and appropriate off-street parking requirements for structures and land uses which do not fall within the categories listed above shall be determined in each case by the Planning Board, which shall consider all factors entering into the parking needs of each use as part of its site plan review process. |
Off-street loading and unloading facilities.
For every building or structure or part thereof hereafter erected and occupied for nonresidential purposes, there shall be provided and maintained adequate space on the same premises for the parking of commercial vehicles while loading and unloading off the street or public alley. Such space shall have access to a public alley, or if there is no alley, to a street. Off-street loading and unloading space shall be in addition to and not considered as meeting a part of the requirements for off-street parking space.
Off-street loading space shall not bar access to the off-street parking area or any parking space.
Each off-street loading space shall be at least 15 feet in width, 40 feet in length and 14 feet in height, exclusive of access and turning areas, except that adjacent loading spaces may each be 12 feet in width. Where delivery service will be by tractor-trailer, the minimum length shall be 60 feet, and the minimum width shall be 14 feet.
The required number of off-street loading spaces shall be as follows:
For office establishments, a minimum of one space for the first 10,000 square feet of gross floor area or portion thereof, plus one space for each additional 15,000 square feet of gross floor area or portion thereof, except that no spaces are required for buildings of less than 5,000 square feet of gross floor area.
For retail, wholesale, industry, warehouse, and service business establishments, and for restaurants, a minimum of one space for the first 4,000 square feet of gross floor area or portion thereof, plus one space for each additional 10,000 square feet of gross floor area or portion thereof, except that no spaces are required for buildings of less than 2,000 square feet of gross floor area.
In the site plan approval process, upon consideration of all factors entering into the loading and unloading needs of each use, the Planning Board may make appropriate reductions in the loading requirements of the above structures and uses and may determine reasonable and appropriate loading requirements for structures and uses which do not fall within the categories listed above.
The Planning Board, in approving a special use permit application, may require additional reasonable and appropriate off-street loading spaces where it determines that they are necessary for the loading and unloading of such use.[3]
§ 250-64 Outdoor storage or parking of recreational or commercial vehicles.
Outdoor storage or parking of not more than one of each of the following shall be permitted only as an accessory use to an occupied principal dwelling unit: boat over 15 feet, boat trailer, cargo trailer, camping vehicle, any of which shall be owned for personal use by a resident on the premises. Boats under 15 feet shall be permitted as an accessory use without quantity limitation.
Outdoor storage of a recreational or commercial vehicle or bus, for a period longer than 72 hours, is permitted only when owned by a resident of a principal or accessory dwelling unit, and shall not be within the minimum yards of a lot in a residential district (see § 250-23).
Any such recreational or commercial vehicle or bus shall be parked or stored only in the side or rear yard of a dwelling unit and, if stored, shall be completely screened from roads and neighboring properties.
No vehicles shall be used for living or sleeping purposes, except as permitted in Subsection G below.
No more than one commercial vehicle or bus per dwelling unit shall be parked or stored outdoors on a residential lot. Such limitation shall not limit indoor parking or storage.
No unregistered commercial vehicle or bus shall be allowed. A maximum of one unregistered noncommercial automobile, van or truck shall be allowed. This subsection shall exclude vehicles in operating condition used for agricultural operations.
No property shall have placed on it an occupied camping trailer or motor home for more than 30 days in any calendar year.
Parking or storage of commercial vehicles in approved off-street parking spaces is a permitted accessory use of a commercial establishment.
§ 250-65 Ponds or lakes.
Any excavation for the purpose of building a pond or lake of water surface larger than one acre shall require a pond permit issued by the Zoning Administrator.
The applicant shall furnish the Town with a letter from the Dutchess County Soil and Water Conservation District (DCSWCD) indicating:
Property identification, location, and size of pond;
Classification of watercourses affected and Department of Environmental Conservation (DEC) permit, if required;
Any related wetlands affected and DEC permit, if required;
Discussion of other relevant information;
Site inspection review and advice, including any soil erosion mitigation plans, by the DCSWCD.
On receipt of such information, and after payment of any required fee, the Zoning Administrator shall issue the pond permit.
§ 250-66 Public stables or riding academies.
The following regulations apply to public stables and riding academies:
The minimum lot size shall be five acres.
The use of the property shall be limited to the keeping of one horse per one acre of lot area.
No building in which animals are kept shall be placed closer to any property line than 200 feet.
Manure storage shall be covered or contained in a structure to prevent leaching when within 200 feet of any public water supply, state-regulated wetland, or neighbor's residence.
§ 250-67 Public utilities and transmission lines.
[Amended 3-28-2000 by L.L. No. 1-2000]
The following shall apply to public utilities and transmission lines (other than commercial communications facilities, which are regulated by § 250-44):
The Planning Board shall review site plans for the construction, erection, or installation of structures and facilities and transmission lines for public services upon the furnishing of proof of public necessity. Such proof shall require demonstration that the applicant is a duly constituted public utility, that the property site is necessary to enable the applicant to render safe and adequate service, and that no alternative sites are available which could be used with less disruptive environmental impacts or inconsistencies with the purposes and intent of this chapter. The Board, in approving such a plan, may impose restrictions and conditions which will protect private property in the vicinity and promote the health, safety, and general welfare of the community.
The provisions of this section shall not apply to telephone, electric light and power lines usually located along public highways carrying 5,000 volts or less (15,000 volts or less if enclosed in a common sheath cable and suspended from wooden poles), or to local service underground conduits, cable, gas, sewer and water mains or pipes.
Any aboveground structures related to items listed in Subsection C above, including ground transformers, multiplexors, or similar equipment placed on private property, shall:
Not require site plan review;
Not be subject to area and bulk regulations (see the Schedule of Area and Bulk Regulations[1], except as below;
[1]
Editor's Note: The Schedule of Area and Bulk Regulations is included at the end of this chapter.
Be located a minimum of 10 feet from the public right-of-way and be surrounded with a buffer, as herein defined, satisfactory to the Town;
Be subject to height restrictions contained in this chapter.
Public utility transmission lines may be permitted by the Planning Board, provided that it is clearly demonstrated that such lines will not endanger the public or surrounding property. Planning Board review and approval shall include consideration of alternative routes.
In densely populated areas, the Planning Board may require that transmission lines be located underground.
A right-of-way of sufficient width shall be required to permit the safe construction and maintenance of the transmission line and to prevent any nuisance or hazard to surrounding property. The Planning Board may permit the erection of a transmission line within an easement across private property, subject to these same regulations, provided that there are adequate safeguards to prevent any building or development within these easements. The Board shall require suitable landscaping of the right-of-way, including planted buffers to screen visual impacts along public roadways.
§ 250-68 Satellite dish antennas.
[Amended 3-28-2000 by L.L. No. 1-2000]
The following shall apply to satellite dish antennas (other than commercial communications facilities, which are regulated by § 250-44):
Satellite antennas are permitted, provided that they are in rear yards and meet all applicable provisions of this section. If a usable satellite signal cannot be obtained from such rear yard, the antenna may be located on the side or front yard of the property, subject to setback requirements for accessory structures contained in the Schedule of Area and Bulk Regulations.[1] If a usable satellite signal cannot be obtained by locating the antenna on the rear, side or front yard of the property, such antenna may be placed on the roof of the dwelling structure.
[1]
Editor's Note: The Schedule of Area and Bulk Regulations is included at the end of this chapter.
Not more than one satellite dish television antenna shall be allowed on any lot.
The construction and installation of satellite dish antennas shall conform to all applicable building codes and other regulations and requirements.
Satellite dish antennas shall be adequately grounded.
Satellite dish antennas shall be designed and located to minimize visual impact on adjacent property and roadways.
A satellite dish antenna shall be located not less than 10 feet from any property line or easement.
A ground-mounted satellite dish antenna shall not exceed a diameter of 16 feet or a grade height of 20 feet.
Wiring between a ground-mounted satellite dish antenna and a receiver shall be placed beneath the surface of the ground.
Roof-mounted satellite dish antennas shall not be mounted on chimneys, towers, spires or trees. Where practical, the antenna should be placed below the ridgepole of the roof. Such antennas shall not extend more than 20 feet above the roof and shall not exceed a diameter of 16 feet.
§ 250-69 Sawmills.
The following regulations apply to sawmills:
All facilities for cutting, chipping, shredding, or other mechanical activities shall be located no closer than 200 feet to any property line.
A two-hundred-foot buffer from all property lines shall be required, in which no placing of materials, equipment, supplies or machinery shall be allowed; however, such requirement shall not apply to sawmills in existence on the effective date of this chapter.
No sawmill shall be permitted except where such facility has at least 200 feet of road frontage on a state, county or two-lane Town roadway. Access to the parcel shall be gained through this frontage. Such requirement shall not apply to sawmills in existence on the effective date of this chapter.
§ 250-69.1 Short-term rentals.
[Added 11-10-2020 by L.L. No. 2-2020, effective 11-17-2020; amended 9-14-2021 by L.L. No. 5-2021, effective 9-21-2021; 12-9-2024 by L.L. No. 4-2024, effective 12-16-2024]
Purpose and objectives. It is the intent of this section to recognize the desire of some property owners to rent their dwelling or accessory dwelling unit, or part thereof, on a short-term basis and establish appropriate regulations for the use of short-term rentals in order to protect the public health, safety, and general welfare of the people of the Town and to further achieve the following beneficial purposes:
Preserving the residential character of the Town;
Ensuring the safety, general welfare and health of persons occupying short-term rentals and neighboring properties;
Mitigating risks to public safety and other potential detrimental impacts, including excessive noise, increased traffic, improper trash disposal, and inadequate parking facilities;
Protecting property values throughout the Town; and
Limiting nonhosted short-term rentals in the Town.
Applicability. All hosted short-term rentals operating in the Town at the time of, or after the effective date of, this section shall apply for a short-term rental certificate. All nonhosted short-term rentals issued special use permits prior to the adoption of this section shall be nonconforming uses. No special use permits shall be issued for nonhosted short-term rental applications submitted on or after the effective date of this section. Existing special use permits which have not expired may be renewed in accordance with this section. Failure to do so shall be a violation of this section. All short-term rentals shall comply with all applicable Town Code, Dutchess County, New York State, and federal regulations.
Hosted short-term rental permitting requirements.
All hosted short-term rentals must apply for a short-term rental certificate using the application form provided by the Town and pay the application fee set by resolution of the Town Board. A short-term rental certificate approving the use of a dwelling or accessory dwelling unit as a hosted short-term rental must be issued by the Municipal Code Enforcement Inspector prior to utilizing any dwelling or accessory dwelling unit as a hosted short-term rental.
A short-term rental certificate is effective for one year from the date of issuance.
A short-term rental certificate issued under this section shall require renewal by the Municipal Code Enforcement Inspector no later than each anniversary of such issuance. The owner(s) must request the renewal in writing from the Municipal Code Enforcement Inspector at least 30 days prior to such anniversary. Failure to do so may result in the expiration of the short-term rental certificate. Within 10 days after receipt of a renewal request, the Municipal Code Enforcement Inspector shall review whether the short-term rental is in compliance with the terms of its short-term rental certificate. The owner(s) shall be afforded a fourteen-day grace period from the date the short-term rental certificate expires to correct any compliance issues discovered during the Municipal Code Enforcement Inspector's compliance review. The Municipal Code Enforcement Inspector shall have the discretion to renew, amend, or deny the renewal of the short-term rental certificate for good cause shown, which may include considerations of violations of the Town Code at the dwelling or accessory dwelling unit as well as considerations of noise (see § 250-28), disorderly conduct, or public safety at the dwelling. If the Municipal Code Enforcement Inspector finds the property to not be in compliance with this section, the Municipal Code Enforcement Inspector shall deny the application or renewal and the applicant shall have the right to appeal such determination to the Zoning Board of Appeals in accordance with the provisions of this chapter.
Upon transfer of ownership, the new owner(s) must inform the Municipal Code Enforcement Inspector, in writing, of the ownership change before continuing to use the dwelling or accessory dwelling unit as a short-term rental. The name(s), address(es), phone number(s) and email address(es) of the new owner(s), along with that of their duly authorized agent(s), must be promptly provided to the Municipal Code Enforcement Inspector. The new owner(s) must renew at the expiration of the current short-term rental certificate in order to continue the use of the dwelling or accessory dwelling unit as a short-term rental.
In addition to the required application fee, an annual fee, due upon each annual renewal of the short-term rental certificate, must be paid to the Town in an amount to be set by resolution of the Town Board. The failure to pay required fees shall be a violation of this section.
Copies of the current Dutchess County hotel occupancy tax certificate or proof that such tax is collected by the short-term rental platform will be required to receive a short-term rental certificate.
Nonhosted short-term rental renewal requirements.
Any special use permit issued to nonhosted short-term rentals prior to the adoption of this this section shall be in effect for one year from the date of the special use permit issued by the Planning Board or one year from the date of the previous renewal issued by the Municipal Code Enforcement Inspector. Thereafter, a special use permit shall require renewal by the Municipal Code Enforcement Inspector no later than each anniversary of such issuance. The owner(s) of the dwelling unit must request the renewal in writing by submitting a renewal request application on the form provided by the Town to the Municipal Code Enforcement Inspector at least 30 days prior to such anniversary. Failure to do so may result in the expiration of the special use permit. Within 10 days after receipt of a renewal request by the Municipal Code Enforcement Inspector, the Municipal Code Enforcement Inspector shall review whether the short-term rental is in compliance with the terms of its special use permit and the provisions of the Town Code, and send a report to the duly appointed Town Board liaison to the Municipal Code Enforcement Inspector. The Municipal Code Enforcement Inspector's report shall also include violations of the Town Code at the dwelling unit. The owner(s) shall be afforded a fourteen-day grace period from the date the special use permit expires to correct any compliance issues discovered during the Municipal Code Enforcement Inspector's compliance review. The Municipal Code Enforcement Inspector shall have the discretion to renew, amend, or deny the renewal of the special use permit for good cause shown, which may include but is not limited to considerations of open violations of the Town Code at the dwelling unit as well as considerations of noise (see § 250-28), disorderly conduct, or public safety at the dwelling unit. If the Municipal Code Enforcement Inspector finds the property to not be in compliance with this section, the Municipal Code Enforcement Inspector shall deny the application or renewal and the applicant shall have the right to appeal such determination to the Zoning Board of Appeals in accordance with the provisions of this chapter.
An accessory dwelling unit used as a short-term rental is a hosted short-term rental and shall be regulated in accordance with § 250-69.1C above. An accessory dwelling unit is not permitted to be used as a nonhosted short-term rental.
An annual fee, due upon each annual renewal of the special use permit, must be paid to the Town in an amount to be set by resolution of the Town Board. The failure to pay required fees shall be a violation of this section and will result in the expiration of the special use permit.
Structural modifications requiring a building permit and/or Planning Board approval made to a dwelling unit being utilized as a nonhosted short-term rental must be issued a certificate of occupancy prior to housing any lodgers.
Nonhosted short-term rentals are limited to two per ultimate beneficial owner(s), regardless of the number of properties owned. Ultimate beneficial owner(s) shall be the individual(s) who hold an ownership interest in the entity who is the legal owner(s) of the property where the short-term rental is located, i.e., the shareholder(s) of a corporation or the members of a limited-liability company (LLC).
If the ownership of a dwelling unit used as a nonhosted short-term rental changes, the new owner(s) must inform the Municipal Code Enforcement Inspector, in writing, of the ownership change before continuing to use the dwelling unit as a short-term rental. The name(s), address(es), phone number(s) and email address(es) of the new owner(s), along with that of their duly authorized agent(s), must be promptly provided to the Municipal Code Enforcement Inspector. The new owner(s) may renew at the expiration of the current special use permit. The failure of the new owner(s) to notify the Municipal Code Enforcement Inspector within 60 days of a change in ownership will result in the expiration of the special use permit.
A nonhosted short-term rental shall be a nonconforming use and shall be regulated in accordance with § 250-81. No special use permits shall be issued for nonhosted short-term rental applications submitted on or after the effective date of this section. Existing special use permits which have not expired may be renewed in accordance with this section. For the purposes of clarification, all applications for nonhosted short-term rental special use permits pending as of the effective date of this section shall be reviewed, processed and considered in accordance with the version of § 250-69.1 in effect at the time such application was submitted.
General requirements.
A short-term rental may only be offered in a dwelling or accessory dwelling unit that is in lawful use for residential habitation. Short-term rentals shall be permitted in all zoning districts, other than Office-Light Industry "I" or Floodplain "F".
The Municipal Code Enforcement Inspector shall determine the maximum number of lodgers allowed in any short-term rental and the maximum number of daytime visitors permitted at any one time, taking into account the features of the dwelling or accessory dwelling unit, the capacity of the septic system or cesspool, the proximity of adjoining residences, the potential for noise or other disruptions to the neighborhood, and the safety of all residents and lodgers. The maximum occupancy of the short-term rental is limited by the number of bedrooms, as indicated in the certificate of occupancy, allowed for the size of the septic tank or cesspool and leach or absorption area, as set forth in the regulations of the NYS Department of Health, Appendix 75-A of Part 75 of Title 10 of the New York Code of Rules and Regulations, as amended, and regulations and/or standards applicable to aerobic septic systems or cesspools. The maximum number of daytime visitors permitted at any one time shall not exceed the maximum number of permitted lodgers in the dwelling or accessory dwelling unit used as a short-term rental. Daytime visitors are permitted between the hours of 7:00 a.m. and 11:00 p.m.
One off-road parking space, not located on the lot's lawn or vegetated area, must be provided per bedroom intended for lodgers' use.
The owner(s) of a short-term rental must provide a copy of § 250-28 of the Town Code, General performance standards, to every lodger; and if the owner(s) and the lodger(s) execute a rental contract, include such provision in the rental contract. A copy of § 250-28 of the Town Code must be posted in a conspicuous common area of the short-term rental. The owner(s) of the dwelling or accessory dwelling unit shall use best efforts to ensure that lodgers do not create noise or disturbances, engage in disorderly conduct, or otherwise violate § 250-28 or any other provisions of the Town Code or any state law pertaining to noise or disorderly conduct. The owner(s) of the dwelling or accessory dwelling unit shall, upon notification from the Municipal Code Enforcement Inspector or Building Inspector that lodgers have created noises or disturbances, engaged in disorderly conduct, or otherwise violated provisions of the Town Code, or any county or state law, promptly use best efforts to cease and prevent a recurrence of such conduct.
A short-term rental shall not advertise the availability of the short-term rental in any front, rear or side yard of a lot. No advertisements regarding the use of the dwelling or accessory dwelling unit as a short-term rental shall be visible from the exterior of the dwelling or accessory dwelling unit. A short-term rental shall not have any signs indicating it is a short-term rental or other outside appearance indicating such use.
All short-term rentals shall post a clearly visible notice within the dwelling or accessory dwelling unit on or adjacent to the front door of the dwelling or accessory dwelling unit which contains the following information:
The name of the owner(s) of the short-term rental and/or their authorized local agent and a telephone number at which each can be reached on a twenty-four-hour basis.
The 911 address of the short-term rental for fire and/or medical emergencies.
The maximum number of lodgers permitted to stay in the short-term rental and the maximum number of adult daytime visitors.
The requirement that all lodgers and visitors to the dwelling or accessory dwelling unit must park in the available parking areas on such lot and not in or along any public roadway or on any lawn or vegetated area on such lot.
Instructions on the handling of trash and notification that trash and refuse shall not be left or stored on the exterior of the lot, unless in a sealed trash receptacle.
Emergency evacuation instructions, with a drawing of the floorplan of the premises showing ingress and egress locations included.
All dwellings and accessory dwelling units used as short-term rentals must comply with the following requirements:
All provisions and requirements of the Uniform Code, as amended.
Contain smoke and carbon monoxide detectors in appropriate locations as required by the Uniform Code, as amended.
Contain GFCI outlets in appropriate locations as required by the Uniform Code, as amended.
For dwellings and accessory dwelling units that have laundry facilities, a metal dryer exhaust to the exterior of the dwelling or accessory dwelling unit.
Contain at least one ten-pound ABC-type fire extinguisher on each floor of the dwelling or accessory dwelling unit. Such fire extinguisher(s) shall be conspicuously located and be certified as having been duly and timely inspected.
All stairs, porches, and decks, both indoor and outdoor, shall be properly illuminated and safe, as required by the Uniform Code.
The entrance to the driveway on the lot upon which the dwelling or accessory dwelling unit is located must contain a reflective four-inch-high address number posted three feet high and visible from both directions.
As a prerequisite to granting or renewing a short-term rental certificate or a short-term rental special use permit, the Municipal Code Enforcement Inspector must be allowed access to the dwelling or accessory dwelling unit for the purpose of verifying compliance with the provisions of the Town Code.
If the property upon which the dwelling or accessory dwelling unit is located is served by a private septic system or cesspool, the owner must provide a septic or cesspool inspection report every two years, dated within 90 days of the date of the application or renewal, stating the septic system or cesspool was adequately functioning for the intended use at the time of inspection. A failing report will require a new passing inspection report.
If the property upon which the dwelling or accessory dwelling unit is located has a chimney, the owner must provide a report dated within 90 days of the date of the application or renewal, stating the chimney is in working order or has been capped and is no longer functioning.
Enforcement.
Upon the discovery of any violation of this § 250-69.1, the Municipal Code Enforcement Inspector is authorized to issue an order to remedy and/or stop order in accordance with § 250-89E and F of the Town Code prohibiting the further use of the dwelling or accessory dwelling unit as a short-term rental. The Municipal Code Enforcement Inspector is also authorized to issue an appearance ticket for violations of this section in accordance with § 250-89G of the Town Code.
Any violation of this § 250-69.1 shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in § 250-102. Enforcement proceedings may be commenced in Town of Clinton Justice Court by the Municipal Code Enforcement Inspector, the Attorney for the Town or Town Attorney. Any enforcement action must be authorized pursuant to a Town Board resolution. Additionally, upon the approval of the Town Board, the Municipal Code Enforcement Inspector and/or the Town Attorney or Attorney for the Town are also authorized to commence a suit in any court of competent jurisdiction to enjoin the use of the dwelling or accessory dwelling unit as a short-term rental, as well as seek monetary damages, fines and penalties.
§ 250-70 Signs.
The following regulations shall apply to signs:
Purposes.
To promote and protect the public health, welfare and safety by regulating existing and proposed outdoor advertising and signs.
To protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of developed areas of the community, and preserve the scenic and natural beauty of less developed areas.
To reduce sign or advertising distractions and obstructions that may contribute to traffic accidents and reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way.
To encourage the installation of appropriate signs that harmonize with the buildings, the neighborhood and other signs in the area and to eliminate excessive, unsightly competition for visual attention through advertising signs.
Applicability. Except as otherwise provided in Subsection H below, no sign or other advertising device shall be erected, constructed, displayed, moved, reconstructed, extended, enlarged or altered except in conformity with this chapter and, where applicable, without first obtaining a permit from the Zoning Administrator.
General regulations. Signs are an accessory use only. Signs are not permitted as a principal use.
Each sign shall pertain to a use that is conducted on the same property on which the sign is located, except for signs, not to exceed six square feet, identifying religious or service organizations, and except as otherwise permitted herein.
Any illuminated sign or lighting device shall employ only lights emitting a light of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating, or moving lights or strings of lights. Strings of lights shall not be used for the purpose of advertising or attracting attention to a nonresidential use when not part of a sign.
No illuminated sign or lighting device directed on signs shall be so placed or directed as to permit the beams and illumination to be directed upon or beamed upon a public street, highway, sidewalk or adjacent premises so as to cause glare or reflection that may constitute a nuisance or traffic hazard.
Signs shall not be internally illuminated, nor be constructed with sequins or fluorescent paint.
No sign or part thereof shall contain or consist of moving or revolving parts. Such devices shall not be used for the purpose of advertising or attracting attention when not part of a sign.
No sign shall have more than two faces. Identical signs arranged back to back may be counted as one sign. The area of a sign without a defined background shape shall be calculated as the smallest polygon or circle capable of enclosing the sign.
Portable freestanding or A-type signs are not permitted, except for signs permitted under Subsection H.
The location of signs shall be determined by the Planning Board in the site plan review process, when site plan review is required.
In matters of setback from the street or road, required yards and other such respects, freestanding signs larger than eight square feet shall be regarded as structures within the meaning of this chapter.
No advertising sign shall attempt or appear to regulate, warn or direct highway traffic or to imitate or resemble official traffic signs, signals or devices.
No sign shall be located so as to obscure any signs displayed by a public authority; to obstruct proper sight distance or otherwise interfere with traffic or pedestrians; to obstruct any door, window, ventilation system, fire escape or exit; or to cause any other hazard to public health and safety.
No sign shall be attached to any tree or utility pole or be painted upon or otherwise directly affixed to any rock, ledge or other natural feature.
No sign or support for any sign shall be placed on the roof of any building.
No wall sign attached parallel to a building shall project more than 12 inches from the face of the building.
No sign attached perpendicular to a building shall project more than six feet from the building.
No sign shall overhang onto an adjacent property or right-of-way unless said line is the building line, in which case a sign may extend over the right-of-way line for a distance not exceeding four feet.
No sign erected or maintained in the window of a building, visible from any public or private street or highway, shall occupy more than 25% of the area of said window.
No sign shall exceed 10 feet in height or extend above the facade of the building to which it is attached.
Landscaping. Any permanent freestanding sign larger than 20 square feet shall be installed in a landscaped planter larger than the area of the sign. No freestanding sign larger than eight square feet shall have less than three feet of open space at the bottom, extending its entire length.
Material. Each sign shall be constructed of wood, metal or other durable material approved by the Planning Board. Plastic signs are not permitted, except as allowed by Subsection H below.
Signs permitted in all districts.
No more than three signs along the frontage of a lot which meet all other requirements herein.
One bulletin board not exceeding 15 square feet in area for a church or other public noncommercial use.
Signs identifying real estate, apartment or subdivision developments, not to exceed one sign per entrance where each sign shall not exceed 12 square feet in size, and identifying only the name of the development where such sign is located.
Temporary signs for 30 days following the initial opening of a business establishment. These signs shall not exceed 12 square feet and one sign per street front.
Signs necessary for the identification, operation or protection of a public utility installation.
Sign incidental to a legal process or necessary to the public welfare.
Directional signs with valid sign permits obtained from Dutchess County or New York State highway authorities.
A maximum of two off-premises directional signs erected for no more than 90 days per year, with permission of the property owner, to advertise farm products or a farm stand.
Signs permitted in the hamlet districts. In addition to those signs permitted in all districts, the following standards apply:
Regardless of the types of signs, the total sign area for all signs shall not exceed 10% of the front face of a building, up to a maximum of 30 square feet. No more than one permanent freestanding sign shall be permitted.
When there is more than one establishment on a single lot, the following standards shall apply:
One freestanding sign not in excess of 20 square feet may be erected identifying only the name of the center or facility as a whole and not containing advertising matter.
Individual wall or projecting signs, totaling not more than 10% of the area of the building face to which they are applied, may be erected for each separate activity or establishment.
An overall sign design plan for any such center or facility shall be required and subject to site plan review. The design plan shall reflect a reasonable uniformity of design, lettering, lighting, and materials.
Signs shall be designed to be compatible in terms of materials, color and proportion with the historic character of the buildings in the district and not obscure individual historic features.
Gasoline stations. Total sign area shall not exceed 30 square feet, including any canopy lettering. In addition, gasoline pumps may bear the customary signs identifying the brand, grade, price and tax of gasoline, but no other unrelated signs, symbols, banners or other devices may be attached. Self-service islands may display two signs not to exceed two square feet in area per sign and to be placed below the top edge of the island canopy.
Signs permitted in AR5, AR3, C, CR1 and MR1 Districts. In addition to those signs permitted in all districts, the following standards apply: One sign per lot not to exceed 20 square feet may be erected to identify any use permitted under this chapter, excluding home occupations, which are regulated by Subsection H below.
Signs permitted in the Office-Light Industry District. In addition to those signs permitted in all districts, the following standards apply:
Regardless of the types of signs, total sign area for all signs shall not exceed 15% of the front face of a building, up to a maximum of 50 square feet. Not more than one permanent freestanding sign shall be permitted.
Exceptions. The following do not require a sign permit:
One sign per lot, not exceeding two square feet in area, identifying the occupant of the premises.
One sign per lot, not exceeding three square feet in area, identifying a permitted home occupation.
One non-illuminated sign per lot, advertising the sale, lease or rental of the premises upon which the sign is located or one nonilluminated sign denoting an architect, engineer or contractor, placed on premises where construction, repair or renovation is in progress. Such signs shall not exceed six square feet in area, except in the Office-Light Industry (I) District where such signs shall not exceed a maximum of 30 square feet.
One sign per lot, not exceeding eight square feet in area, identifying a permitted farming operation or roadside stand (see § 250-75, Temporary permits).
The changing of message content, but not design or format, on approved signs.
"No trespassing" signs, not to exceed two square feet per sign.
Temporary signs related to political campaigns or events of civic, philanthropic, educational, or religious institutions. Such signs shall be limited to 12 square feet in area, and a period not exceeding 45 days.
Memorial or historical signs, names of buildings and dates of erection when cut or cast into any masonry, bronze, stainless steel, wood or similar permanent material, not to exceed six square feet in area.
Traffic or other municipal signs.
Legal notices or such temporary, emergency, or nonadvertising signs as may be authorized by the Town Board.
U.S., state, and local flags, except when displayed in connection with commercial or sales promotion.
Signs not visible from outside the lot upon which they are situated.
Security system identification signs.
Application. A separate application for a sign permit is not necessary when the information required in this section is included in an application for site plan approval. All applications for sign permits shall contain the following information:
The name, address and telephone number of the applicant.
The location and principal use of the building, structure or lot to which or upon which the sign is to be attached or erected.
A description, including size, of all existing signs located on the property.
A detailed drawing showing:
A description of the sign, including size, height, symbols, text, size of lettering, materials used, and color of lettering or symbols and background.
A description of the construction details of the sign.
The position and type of lighting or other extraneous devices.
A location plan showing the position of the sign on any building or land and its position in relation to nearby buildings or structures, private or public roadways, and property lines.
Written consent of the owner of the building, structure or land to which or on which the sign is to be erected, in the event the applicant is not the owner.
Fee (see fee schedule).
Other materials or facts deemed appropriate by the Planning Board.
Issuance of a permit.
It shall be the duty of the Zoning Administrator, upon the filing for a sign permit, to refer such application to the Planning Board. The Planning Board shall examine such plans, specification, locations and other data submitted and approve said plans within 45 days if they are in compliance with all requirements of this chapter. Upon Planning Board approval, the Zoning Administrator shall issue a permit for the erection of the proposed sign within 15 days. In the event that plans submitted are denied, the Zoning Administrator shall then notify the applicant, in writing, of the reason for refusal to issue a permit.
If the authorized sign is not erected within six months of the day the sign permit is granted, the permit shall become null and void and new application must be made.
Removal of certain signs. Each of the nonconforming signs or structures specified below is deemed to be sufficiently objectionable and out of character within the zoning district in which such use is located as to depreciate the value of other property and uses permitted in the district and otherwise inhibit the proper, safe and orderly development of such district. Therefore, each such nonconforming use shall be terminated on or before the expiration of the specified period of time after the effective date of this chapter. Said period of time is specified herein as one that is reasonable to permit the phasing out of such use and amortization of any remaining value.
Any sign existing on or after the effective date of this chapter which advertises a business no longer conducted, product no longer available, or service no longer provided on the premises shall be removed from the premises by the owner of the sign and/or his agent within 90 days of the effective date of this chapter or within 30 days after receipt of written notice from the Zoning Administrator to remove such obsolete sign, whichever date is later.
Any sign and supporting structures, unrelated to the activity on the site, including off-premises directional signs, shall be removed not more than three years from the effective date of this chapter, except as permitted herein.
Signs shall be maintained in a proper state of repair, and in full compliance with the building and electrical codes. If any sign regulated by this chapter is unsafe or insecure, or is a menace to the public, the Zoning Administrator shall give written notice to the owner of the sign and the owner of the land upon which the sign is erected, who shall remove or repair the sign, sign frame or supports within 30 days from the date of such notice. If, after proper written notice, such sign is not removed or repaired, the Zoning Administrator shall revoke the permit, if applicable, issued for the sign, and may remove or repair the sign and shall assess all costs and expenses incurred in the removal or repair against the land or building on which such sign was located.
§ 250-71 Soil erosion and sediment control.
Purpose. The purpose of this section is to protect the health, safety and welfare of the citizens of the Town of Clinton by regulating site alteration and construction activities such as excavation, filling, grading and stripping. This regulation is intended to minimize the negative impacts resulting from site alteration and construction which include: sedimentation, erosion, siltation, water quality deterioration, increased flooding, washouts, property damage, destruction of habitat, among others. The requirement for approval of a soil erosion and sediment control plan shall serve as the primary method by which this purpose shall be achieved.
General provision. It shall be unlawful to perform or contract to perform any site alteration and construction activities such as excavation, filling, grading and stripping without also performing the proper soil erosion and sedimentation control measures necessary to prevent erosion, sedimentation, siltation, water quality deterioration, increased flooding or stormwater drainage problems, washouts, property damage, or destruction of habitat. Damage by any of the above factors shall be evidence of a violation of this regulation. This regulation applies to all property within the Town of Clinton, regardless of whether a formal soil erosion and sediment control plan is required to be approved as described below.
Activities requiring an approved plan.
An erosion and sediment control plan shall be submitted to and approved by the Planning Board in conjunction with any application for special use permit, site plan approval or subdivision in which more than 1/2 acre of topsoil is to be disturbed.[1]
Other activities requiring a separate erosion control plan:
Any alteration of a designated wetland which is regulated by the New York State Department of Environmental Conservation, including draining and filling.
Any site preparation on slopes which are 15% or steeper.
Any site preparation within the one-hundred-year floodplain of any watercourse.
Excavation or filling which affects more than 200 cubic yards of material.
Soil stripping or grading which affects more than 1/2 acre of ground surface within any parcel or any one subdivision.
Site preparation on any area which, in the judgment of the Building Inspector, may cause an erosion problem.
Activities exempt from requirement for an erosion and sediment control plan.
A single-family dwelling that is not a part of a new subdivision of land, except as required under Subsection C.
Accepted agricultural practices.
Waiver of requirement. The Planning Board may waive the requirement for a soil erosion and sediment control plan if it determines that the site and activity proposed are unlikely to cause any of the impacts which this section is intended to minimize.
Materials to be submitted. A soil erosion and sediment control plan shall contain proper provisions to adequately control accelerated erosion and sedimentation and reduce the danger from stormwater runoff on the proposed site based on the best available technology. Four copies of materials shall be submitted to the Planning Board to facilitate the review of interested agencies. Plans shall include:
Narrative description of activity and proposed soil erosion and sedimentation control measures, including:
The proposed development or activity;
The schedule for grading and construction activities, including:
The design criteria for proposed soil erosion and sediment control measures and stormwater management facilities;
The installation, operation and maintenance of proposed soil erosion and sediment control measures and stormwater management facilities.
A site plan map drawn on separate sheet(s) which adheres to the general provisions required in § 250-96, Site plans, and includes the following:
All activities subject to regulation in Subsection C(2) of this section shall be required to submit in addition:
Application procedure.
In cases where a soil erosion and sediment control plan is submitted in conjunction with an application for special use permit, site plan approval or subdivision, the Planning Board shall either approve the plan when it complies with the requirements and objectives of this section, or deny approval when the plan does not comply with these regulations. When a denial is issued, the Planning Board is hereby prohibited from granting final approval for special use permit, site plan approval or subdivision until a satisfactory plan has been approved.
[Amended 5-11-2010 by L.L. No. 1-2010, effective 5-20-2010]
Prior to approval, the Planning Board may forward the plan to the Town Engineer, the Conservation Advisory Committee, or other appropriate board or consultant.
Prior to approval, the Planning Board may submit the plan to the Dutchess County Soil and Water Conservation District. Such referral shall be completed within 30 days after being sent. The Planning Board may approve a plan referred to the Dutchess County Soil and Water Conservation District if no report is received within that time period.
In cases where an erosion and sediment control plan is required prior to the commencement of activities specified in Subsection C(2) of this section, the Planning Board shall either approve the plan when it complies with the requirements and objectives of this section, or deny approval when the plan does not comply with these regulations.
Conditions relating to soil erosion and sediment control.
The estimated costs of measures required to control soil erosion and sedimentation, as specified in the approved plan, may be covered in a performance bond or other assurance approved by the Town Board, as recommended by the Planning Board.
Site development shall not begin unless the erosion and sediment control plan is approved and those control measures and facilities in the plan scheduled prior to site development are installed and functional.
Planned soil erosion and sediment control measures and facilities shall be installed as scheduled according to the approved plan.
All erosion and sediment control measures and facilities shall be maintained in a condition which ensures compliance with the approved plan.
The Zoning Administrator shall inspect the site to ensure compliance with the completion dates contained in the plan.
Standards. Accepted principles, methods and practices are found in the Dutchess County Soil and Water Conservation District's Soil Erosion and Sedimentation Control Guidebook. All plans shall adhere to the principles set forth therein. In approving or denying a soil erosion and sediment control plan, the Planning Board shall use the general "Control Strategies" and more detailed standards outlined in the Guidebook (which may be revised from time to time).
§ 250-71.1 Solar energy systems.
[Added 7-9-2019 by L.L. No. 2-2019, effective 7-16-2019]
Purpose and objectives. The proliferation of solar energy systems as environmentally friendly and cheaper energy alternatives is expected in the coming years. This equipment and the installation thereof must be reasonably regulated to coordinate and control the same to preserve and protect the aesthetic qualities of the Town and its neighbors. The Town recognizes the demand for solar energy systems and the need for the services they provide. This section regulates solar energy system installations to ensure that any proposed solar energy system is designed, located, and installed in accordance with the purposes and objectives of this chapter by:
Promoting the health, safety, and welfare of the residents of the Town.
Taking advantage of a safe, abundant, renewable, and nonpolluting energy resource.
Decreasing the use of fossil fuels, thereby reducing the carbon footprint of the Town.
Decreasing the cost of electricity to the owners of residential and commercial properties, including single-family houses.
Making the community more resilient during a storm event.
Diversifying energy resources to decrease dependence on the grid.
Mitigating the impacts of solar energy systems on environmental resources such as important agricultural lands, forests, wildlife and other protected resources.
Minimizing the adverse visual effects of solar energy systems on the Town.
Protecting the natural features, aesthetics and rural character of the Town through careful planning, design, location, buffering, and screening.
Avoiding potential damage to adjacent properties from falling or flying debris from solar energy systems through careful engineering and reasonable siting of the solar energy system.
Applicability.
The requirements of this section shall apply to all solar energy systems permitted, installed, or modified in the Town after the effective date of this section, excluding general maintenance and repair which shall include cleaning solar panels and inverters, replacing faulty electrical components, and updating monitoring equipment.
Modifications to an existing solar energy system that increase a Tier 2 solar energy system's area by more than 25% of the original land area of the solar energy system (exclusive of moving any fencing) shall be subject to this section.
Modifications to an existing solar energy system that increase a Tier 3 solar energy system's area by more than 10% of the original land area of the solar energy system (exclusive of moving any fencing) shall be subject to this section.
All solar energy systems shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the New York State Uniform Fire Prevention and Building Code ("Building Code"), the New York State Energy Conservation Code ("Energy Code"), and the Town Code.
General requirements.
In its review of an application for approval of a solar energy system, the Planning Board is authorized to require such additional information as it may reasonably deem necessary to properly evaluate the potential visual and public health effects of the solar energy system, including but not limited to:
Photo simulation of the proposed solar energy system, with the baseline pictures taken from locations approved by the Planning Board. Use of other visual assessment methods may be considered by the Planning Board.
Structural analysis as to the adequacy of the equipment and structures necessary to support the solar energy system.
Issuance of permits and approvals by the Planning Board may include review pursuant to the State Environmental Quality Review Act (SEQRA).
Permitting requirements for Tier 1 solar energy systems. All Tier 1 solar energy systems, including roof-mounted and building integrated solar energy systems, shall be permitted in all zoning districts and shall be exempt from site plan review or approval by the Planning Board, subject to the following conditions for each type of solar energy system:
Roof-mounted solar energy systems.
Roof-mounted solar energy systems shall incorporate the following design requirements:
Solar panels on pitched roofs shall be installed with a maximum distance of 12 inches between the roof surface and the highest point of the system.
Solar panels on pitched roofs shall not extend higher than the highest point of the roof surface on which they are mounted or attached.
Solar panels on flat roofs with a parapet shall be located no less than three feet from the parapet and shall not extend above the top of the surrounding parapet, or more than 24 inches above the flat surface of the roof, whichever is higher.
Solar panels on flat roofs having no parapet shall be located no less than three feet from the edge of any part of the roof edge and no more than 24 inches above the flat surface of the roof.
Glare. All solar panels shall have anti-reflective coating(s). The solar energy system shall use dark-tone, nonreflective color for the framing supporting the solar panels. All solar panels shall be installed so as to prevent glare that is perceptible beyond the boundaries of the Lot on which the solar energy system is located.
Height. All Roof-Mounted solar energy systems shall comply with the height limitations set forth in Appendix 3[1] hereto "Maximum Height Requirements."
[1]
Editor's Note: Appendix 3 is included at the end of this chapter.
The solar energy system and all of its components must be installed in accordance with the solar energy systems manufacturer's specifications and comply with all applicable Building Codes and the National Electrical Code (hereinafter "NEC"), as amended.
All utility services and electrical wiring shall be underground or shall be placed within the walls or within a conduit and attached securely to the structure.
No signs, except for safety and signs required by any other regulatory or permitting authority, are permitted on the solar energy system.
Building-integrated solar energy systems shall be shown on the plans submitted for the building permit application for the building containing the solar energy system.
Roof-mounted solar energy systems applicants who qualify shall utilize the New York State Unified Solar Permit Application, as amended. All such applications shall be submitted to the Zoning Administrator. The Zoning Administrator shall review and approve applicants who meet the criteria and requirements contained therein. Applicants who are approved by the Zoning Administrator shall not be subject to site plan review and approval by the Planning Board.
Permitting requirements for Tier 2 solar energy systems. Tier 2 solar energy systems include ground-mounted solar energy systems with system capacity up to 25 kW AC and that generate no more than 110% of the electricity consumed on the site over the previous 12 months, or an estimated future usage of no more 110% of the electricity consumed on the site over the ensuing 12 months based on new construction. All Tier 2 solar energy systems shall be permitted in all Zoning Districts and shall be subject to site plan review or approval by the Planning Board under the local zoning code or other land use regulations. In addition, all Tier 2 solar energy systems shall be subject to the following conditions:
Glare. All solar panels shall have anti-reflective coating(a). The solar energy system shall use dark-tone, nonreflective color for the framing supporting the solar panels. All solar panels shall be installed so as to prevent glare that is perceptible beyond the boundaries of the lot on which the solar energy system is located.
Setbacks. Tier 2 solar energy systems shall comply with the setback regulations set forth in Appendix 2 hereto.[2]
[2]
Editor's Note: Appendix 2 is included at the end of this chapter.
Tier 2 solar energy systems shall comply with the height limitations set forth in Appendix 3 hereto.[3]
[3]
Editor's Note: Appendix 3 is included at the end of this chapter.
Screening and visibility.
All Tier 2 solar energy systems shall have views eliminated or minimized from adjacent properties by fencing or a combination of berms, fencing, perennial vegetation and evergreen plantings. All screening must be maintained for the life of the solar energy system and until time as the solar energy system is decommissioned in accordance with the requirements of Subsection G(8) below.
Solar energy equipment shall be located in a manner to reasonably avoid and/or minimize blockage of views from surrounding properties and shading of property to the north, while still providing adequate solar access.
Permitting requirements for Tier 3 solar energy systems. Tier 3 solar energy systems include any solar energy systems that cannot be defined as Tier 1 or Tier 2 systems. All applicants for a Tier 3 solar energy system must first consult with their electric utility to ensure sufficient hosting capacity for the planned solar energy system. The applicant shall submit proof of sufficient hosting capacity to the Town Zoning Administrator in the form of a letter from their electric utility. All Tier 3 solar energy systems are permitted through the issuance of a special use permit within the Very Low Density Agricultural Residential (AR5), Low Density Agricultural Residential (AR3), Medium Density Residential (MR1), and Office Light Industrial (I) Zoning Districts, and subject to site plan application requirements set forth in § 250-97, Special use permits. The following procedures and requirements shall apply to Tier 3 solar energy systems:
Applications for the installation of Tier 3 solar energy system shall be subject to the procedures and requirements of § 250-97 pertaining to special use permits.
Underground requirements. All on-site utility lines shall be placed underground as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles, with new easements and right-of-way.
Vehicular paths. Vehicular paths within the site shall be designed to minimize the extent of impervious materials and soil compaction.
Signage.
No signage or graphic content shall be displayed on the solar energy systems except the manufacturer's name, equipment specification information, safety information, and twenty-four-hour emergency contact information. Said information shall be depicted within a maximum area no more than six square feet per sign.
As required by the NEC, disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
Glare. All solar panels shall have anti-reflective coating(s). The solar energy system shall use dark-tone, nonreflective color for the framing supporting the solar panels. All solar panels shall be installed so as to prevent glare that is perceptible beyond the boundaries of the lot on which the solar energy system is located.
Lighting. Lighting of the solar energy systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.
Tree cutting. Removal of existing trees larger than six inches in diameter measure at four feet from the ground should be minimized to the extent possible.
Decommissioning.
Solar energy systems that have been abandoned and/or not producing electricity for a period of one year shall be removed at the owner and/or operators expense, which at the owner's option may come from any security made with the Town of Clinton as set forth in Permit Time Frame and Abandonment, Subsection I(2).
The applicant must submit a decommissioning plan, as amended and provided for in Appendix 4[4] hereto signed by the owner and/or operator of the solar energy system shall be submitted by the applicant, which shall address the following:
The cost of removing the solar energy system, required for the purpose of determining the amount of the security bond or the decommission agreement.
The time required to decommission and remove the solar energy system, ancillary structures and any attendant screening which time shall not exceed six months from the date the solar energy system was abandoned and/or not producing electricity for a period of one year.
The time required to restore the property to usable condition and remove the solar energy system, ancillary structures and any attendant screening which time shall not exceed six months from the date the solar energy system, ancillary structures and any attendant screening has been removed.
[4]
Editor's Note: Appendix 4 is included at the end of this chapter.
Security.
The deposit, executions, or filing with the Town Clerk of cash, bond, or other form of security reasonably acceptable to the Town Attorney and/or Engineer, shall be in an amount sufficient to ensure the good faith performance of the terms and conditions of the permit issued pursuant hereto and to provide for the removal and restorations of the site subsequent to removal. The amount of the bond or security shall be 125% of the cost of removal of the Tier 3 solar energy system and restoration of the property with an escalator of 2% annually for the life of the solar energy system. The decommissioning amount shall be reduced by the amount of the estimated salvage value of the solar energy system.
In the event of default upon performance of such conditions, after proper notice by registered mail and expiration of any cure periods, the cash deposit, bond, or security shall be deemed forfeited to the Town, which shall be entitled to maintain an action thereon. The cash deposit, bond, or security shall remain in full force and effect until restoration of the property as set forth in the decommissioning plan is completed.
In the event of default or abandonment of the solar energy system, the system shall be decommissioned as set forth in Permit Time Frame and Abandonment, Subsection I(2) and (3).
In lieu of such a removal bond, the Planning Board, in its discretion, may permit the owner and/or operator to enter into a decommission agreement with the Town which provides, in relevant part, that if the decommission of the site is not completed within six months of the time period specified in Subsection G(8)(b)[2] above, and/or the restoration is not completed within the time period specified in Subsection G(8)(b)[3] above, the Town may, at its own expense, enter the property and remove or provide for the removal of the solar energy system; ancillary structures and any attendant screening and/or the restoration of the site, as the case may be, in accordance with the decommissioning plan. Such agreement shall provide, in relevant part, that the Town may recover all expenses incurred for such activities from the defaulting property owner and/or operator. The cost incurred by the Town shall be assessed against the property and shall become a lien and tax upon said property and shall be added to and assessed as part of the taxes to be levied and assessed thereon and enforced and collected with interest in the same manner as other taxes. This provision shall not preclude the Town from collecting such costs and expenses by any other manner by action in law or in equity. In the event of any such legal proceedings, the owner and/or operator, as the case may be, shall be liable for all legal expenses, costs and disbursements in connection with said litigation, as awarded by a court of competent jurisdiction. Upon a majority vote of the Planning Board the Chairperson of the Planning Board is authorized to execute the decommission agreement on behalf of the Town.
Site plan application. For any solar energy system requiring a special use permit, site plan approval shall be required. Any site plan application shall include the following information:
Property lines and physical features, including roads, for the project site.
Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures.
A one or three-line electrical diagram detailing the solar energy system layout, solar collector installation, associated components, and electrical interconnection methods, with all NEC compliant disconnects and over current devices.
A preliminary equipment specification sheet that documents all proposed solar panels, significant components, mounting systems, energy storage devices, and inverters that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of building permit.
Name, address, and contact information of the proposed or potential system installer and the owner and/or operator of the solar energy system. Such information of the final system installer shall be submitted prior to the issuance of building permit.
Name, address, phone number, and signature of the project applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for the solar energy system.
Zoning District designation for the parcel(s) of land comprising the project site.
A property operation and maintenance plan describing continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.
Erosion and sediment control and stormwater management plans prepared to New York State Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the Planning Board.
Prior to the issuance of the building permit or final approval by the Planning Board, all engineering documents must be signed and sealed by a New York State licensed professional engineer or New York State registered architect, such engineering documents are not required to be submitted as part of the initial application.
Special use permit standards.
Lot size. The property on which the Tier 3 solar energy system is placed shall meet the lot size requirements set forth in Appendix 1.[5]
[5]
Editor's Note: Appendix 1 is included at the end of this chapter.
Setbacks. The Tier 3 solar energy systems shall meet the setback requirements set forth in Appendix 2.[6]
[6]
Editor's Note: Appendix 2 is included at the end of this chapter.
Height. The Tier 3 solar energy systems shall comply with the height limitations set forth in Appendix 3 depending on the underlying zoning district the solar energy system is located within.
Lot coverage.
The following components of a Tier 3 solar energy system shall be considered included in the calculations for lot coverage requirements:
Foundation systems, typically consisting of driven piles, monopoles, or helical screws with or without small concrete collars.
All mechanical equipment of the solar energy system, including any pad-mounted structure for batteries, switchboard, transformers, or storage cells.
All required fencing.
Paved access roads servicing the solar energy system.
Lot coverage of the solar energy system, as defined above, shall not exceed the maximum lot coverage requirement of the underlying zoning district.
The total lot coverage of the solar energy system shall not exceed 50% of the parcel or 10 acres, whichever is the lesser.
Fencing requirements. All mechanical equipment, including any structure for storage batteries, shall be enclosed by a seven-foot-high fence, as required by NEC, with a self-locking gate to prevent unauthorized access.
Screening and visibility.
All Tier 3 solar energy systems shall have views minimized or, if possible, eliminated from adjacent properties by fencing or a combination of berms, fencing, and evergreen plantings or perennial vegetation. All screening must be maintained for the life of the solar energy system and until time as the solar energy system is decommissioned in accordance with the requirements of Subsection G(8).
Solar energy systems applicants shall be required to:
Conduct a visual assessment of the visual impacts of the solar energy system on public roadways and adjacent properties. At a minimum, a line-of-sight profile analysis shall be provided. Depending upon the scope and potential significance of the visual impacts, additional impact analyses, including for example a digital viewshed report, shall be required to be submitted by the applicant.
Submit a screening and landscaping plan to show adequate measures to screen through landscaping, grading, or other means so that views of solar panels and solar energy equipment shall be minimized from public roadways and adjacent properties.
The screening and landscaping plan shall specify the locations, elevations, height, plant species, and/or materials that will comprise the structures, landscaping, and/or grading used to screen and/or mitigate any adverse aesthetic effects of the system, following the applicable rules and standards established by the Town.
Agricultural resources. For projects located on agricultural lands the following standards and requirements shall be complied with:
Any Tier 3 solar energy system located on the areas that consist of prime farmland or farmland of statewide importance shall not exceed 50% of the area of prime farmland or farmland of statewide importance on the parcel.
Tier 3 solar energy systems on prime farmland or farmland of statewide importance shall be required to seed 20% of the total surface area of all solar panels on the lot with perennial vegetation.
Tier 3 solar energy systems located on prime farmland shall be constructed in accordance with the construction requirements of the New York State Department of Agriculture and Markets, if applicable.
Tier 3 solar energy system owners shall develop, implement, and maintain perennial vegetation to the extent practicable pursuant to a vegetation management plan, which shall be submitted prior to final approval. The vegetation management plan shall provide for perennial vegetation and foraging habitat beneficial to game birds, songbirds, and regional fauna. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, the owners shall not use prohibited or regulated invasive species as determined by the New York State Department of Environmental Conservation.
Ownership or operating changes. If the owner or operator of the solar energy system changes or the owner or tenant of the property changes, the special use permit shall remain in effect, provided that the successor owner, tenant, or operator assumes in writing all of the obligations of the special use permit, site plan approval, decommissioning plan, security bond and decommission agreement. A new owner, tenant, or operator of the solar energy system shall notify the Zoning Administrator of such change in ownership or operator within 30 days of the ownership change.
Safety.
Solar energy systems and solar energy equipment shall be certified under the Building Code, the Energy Code and the NEC, as required by such laws and regulations.
If storage batteries are included as part of the solar energy system, they shall meet the requirements of the Building Code, the Energy Code and the NEC, as required when in use and, when no longer used, shall be disposed of in accordance with the laws and regulations of the Town and any applicable federal, state, or county laws or regulations.
All Solar Panel installations must be performed by a qualified installer.
Prior to operation, electrical connections must be inspected by the Building Inspector and by an appropriate electrical inspection person or agency, as determined by the Town.
Any connection to the public utility grid must be inspected by the appropriate public utility.
Solar energy systems shall be maintained in good working order.
Marking of equipment.
Solar energy systems shall be marked in order to provide emergency responders with appropriate warning and guidance with respect to isolating the solar energy system. Materials used for marking shall be weather resistant. For residential applications, the marking may be placed within the main service disconnect. If the main service disconnect is operable with the service panel closed, then the marking should be placed on the outside cover.
For commercial application, the marking shall be placed adjacent to the main service disconnect in a location clearly visible from the location where the lever is operated.
Permit time frame and abandonment.
The special use permit and site plan approval for a solar energy system shall be valid for a period of 18 months, provided that a building permit has been issued for construction or construction has commenced. In the event construction is not completed in accordance with the final site plan, as such plan may have been amended and approved by the Planning Board, within 18 months after approval, the applicant or the Town may extend the time to complete construction for 180 days. If the owner and/or operator fails to perform substantial construction after 24 months, the approvals shall expire.
Upon cessation of electricity generation of a solar energy system on a continuous basis for 12 months, the solar energy system shall be deemed abandoned and the Town may notify and instruct the owner, tenant, or operator of the solar energy system to implement the decommissioning plan by sending notice to the owner/or operator by regular mail. The decommissioning plan must be completed within 180 days of the mailing of this notification, or within the time frame specified in the decommissioning agreement.
If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Town may, at its discretion, utilize the bond and/or security for the removal of the solar energy system and restoration of the site in accordance with the decommissioning plan. If alternatively, a decommission agreement has been executed the Town may take such action as is authorized therein.
Enforcement. Any violation of this § 250-71.1 shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in § 250-102. Enforcement proceedings may be commenced in Town of Clinton Justice Court by the Zoning Administrator, the Attorney for the Town or Town Attorney. Any enforcement action must be authorized pursuant to a Town Board resolution.
§ 250-72 Steep slopes.
Purpose. It is the intent of the Town of Clinton to preserve steep slopes to the greatest extent practicable and to regulate their use to protect the public interest by minimizing detrimental effects of disturbance and development of these areas. This section is intended to protect the public from the potential negative impacts of erosion, siltation, pollution of water supplies, slope failure, increases in downstream runoff, alteration of significant views, and destruction of potentially significant habitat which may result from disturbance of steep elopes.
Regulated activities. For the purpose of this section steep slopes are determined to be of two general classifications as defined in Article VIII: moderately steep slopes of 15% to 25% and extremely steep slopes over 25%. Any disturbance of lands exhibiting slopes of 15% or greater shall be subject to the special regulations contained herein, unless specifically exempted under Subsection C below.
Exempt activities. The following activities are exempt from the requirements of this section:
Any customary landscaping not involving grading, provided such activity conforms to all other applicable ordinances, laws and regulations;
Removal of diseased or dead timber or other vegetation subject to routine forest management practices;
Creation of trails, paths, or corridors for the purpose of nonvehicular human recreation or the maintenance of wildlife migration routes or habitats, provided such activity conforms to all other applicable ordinances, laws and regulations;
Activities on premises for which a special use permit for excavation or mining is in effect (see § 250-50);
[Amended 5-11-2010 by L.L. No. 1-2010, effective 5-20-2010]
Accepted agricultural practices.
Application procedure. Applications to disturb moderately and extremely steep slopes shall be made to the Planning Board and shall accompany other application materials as required for said activity. Applications for disturbance of moderately steep slopes shall be processed in concert with applications for the primary activity. Applicants may also be required to appear before the Planning Board at the request of the Zoning Administrator or Building Inspector. Applications for disturbance of extremely steep slopes shall follow the procedures in § 250-97, Special use permits. All applications shall be accompanied by:[1]
Four copies of plans for the proposed regulated activities drawn to a scale of not less than one inch equals 50 feet. The plans shall show the following:
Location of proposed construction or area of disturbance and its relationship to property lines, easements, existing and proposed structures, roads, walls, sewage disposal systems, wells and wetlands within 500 feet;
Estimated material quantities of excavation or fill;
Location and size of areas of moderately and extremely steep slopes under existing and proposed conditions, in the area of proposed disturbance and within a distance of 500 feet;
Location of soil types in the area of proposed disturbance and to a distance of 500 feet;
Existing and proposed adjusted contours at two-foot intervals in the area of proposed disturbance and to a distance of 500 feet;
Cross-sections of critical slope areas;
Retaining walls, with details of construction. Such walls over six feet high shall be signed and sealed by a professional engineer;
Other details, including specific reports by qualified professionals on soils, geology and hydrology, as may be determined to be necessary.
A soil erosion and sediment control plan, if required.
Approval standards for moderately steep slopes. When considering an application which includes the disturbance of steep slopes, the Planning Board shall seek to minimize, to the greatest extent practicable, the negative impacts of such development. In so doing the Planning Board shall ensure that:
Disturbance is limited by using cluster or open space design principles whereby lots, structures, utilities and other improvements are located in areas most suitable for development;
Roads and driveways follow natural topography, and minimize grading;
Sewage disposal systems and wells are sited to minimize fill requirements, and the potential for disturbance, erosion, sinking, and slope failure;
Grading, cuts and fills are minimized and retain to the greatest extent possible a natural appearance upon completion of the activity;
The angle of slope created by a cut or fill does not exceed the natural angle of repose of the soil or rock materials in the cut or fill, except where retaining walls or other structural stabilization is used. Generally, for soils, angles of a cut or fill shall be no steeper than one vertical to three horizontal (33% slope);
Tops and bottoms of cuts and fills are set back from structures and property lines a distance that will ensure the safety of the structure and neighboring property in the event of the collapse of the cut or fill;
Removal of rock or rock outcrop is accomplished by labor or machines. Blasting is minimized, and any blasting that is required is done in accordance with federal and state regulations;
Disturbance of steep slopes is undertaken in workable units in which the disturbance can be completed within one construction season. Areas will be seeded and planted immediately after completion of disturbance to prevent erosion and slope failure.
Approval standards for extremely steep slopes. No disturbance shall be created on areas of extremely steep slopes as defined herein unless a separate special use permit for their disturbance has been issued by the Planning Board. The Planning Board shall issue a special use permit for disturbance only if:[2]
There are no reasonable alternatives to the disturbance; and
No sewage disposal system or well component nor any pipes or other components used in their connection is located in or on extremely steep slopes.
Conditions relating to the disturbance of steep slopes.
The estimated costs of measures required as part of a plan to disturb areas of steep slopes, as specified in an approved plan or special use permit, shall be covered in a performance bond or other assurance in an amount recommended by the Planning Board, reviewed by the Town's attorney, and approved by resolution of the Town Board.[3]
The provisions of this section shall not apply to any development, alteration or improvement of property for which final approval shall have been obtained and not expired and the approved work not completed prior to the effective date of this chapter.
A special use permit for the disturbance of extremely steep slopes, unless otherwise indicated, shall expire on completion of the acts specified and, unless otherwise indicated, shall be valid for one year. The Planning Board may renew the special use permit on reapplication. The Zoning Administrator or the Zoning Board of Appeals by administrative review may suspend or revoke a special use permit or approval for disturbance if it finds that the applicant is in violation of that permit or approval.[4]
§ 250-73 Subdivisions.
§ 250-74 Swimming pools.
Any outdoor swimming pool as defined within Article VIII of this chapter shall be subject to the following and any other safety measures, but only to the extent required by the New York State Uniform Fire Prevention and Building Code or other state or federal regulations:
The outdoor swimming pool shall be enclosed on all aides by a security fence not less than four feet in height, or as otherwise prescribed by the Uniform Code.
Such security fence, as may be applicable, shall be provided with a locking gate to prevent accidental entry or unauthorized use of the outdoor swimming pool.
All residential swimming pools and commercial pools installed, constructed or substantially modified (which means the cost of modification exceeds 50% of the market value of the pool before the damage occurred), after December 14, 2006, must be equipped with an approved pool alarm which:[1]
Is capable of detecting a child entering the water and giving an audible alarm when it detects a child entering the water.
Is audible poolside and at another location on the premises where the swimming pool is located.
Is installed, used and maintained in accordance with the manufacturer's instructions.
Meets ASTM F2208, Standard Specifications for Pool Alarms.
Is not an alarm device which is located on a person(s) or which is dependent on a device(s) located on a person(s) for its proper operation.
A private swimming pool shall not be located in any required setback area or in front of the permitted principal use. However, such requirement shall not apply to pools and related structures lawfully in existence on the effective date of this chapter.
§ 250-75 Temporary permits.
[Amended 5-14-2024 by L.L. No. 1-2024, effective 5-24-2024]
The intent of this section is to establish necessary regulation of temporary uses in order to protect rights of property owners and public safety. Temporary permits shall be issued by the Zoning Administrator for the following uses, consistent with this chapter and any other local laws. Permit fees shall be in accordance with the Town's fee schedule established by the Town Board. Town functions, including Community Day, shall be exempt from such permit requirement.
Carnivals, fairs, circuses. A church, school, civic association or other nonprofit organization may hold a fair, carnival, circus, horse show or similar event upon its premises, the proceeds of which are for the sole benefit of said applicant. Upon request, the Zoning Administrator may issue a permit to such organization located in the Town of Clinton to hold such an event upon premises other than those of the applicant. The following conditions apply:
A permit for such event may be issued for a period not to exceed three days in any one calendar year;
The applicant is responsible for cleaning the site and removing all refuse within 48 hours after the event;
The applicant shall furnish evidence of sufficient temporary parking and responsibility for traffic control;
The event must comply with the minimum yard and setback requirements of the district in the Schedule of Area and Bulk Regulations.[1]
[1]
Editor's Note: The Schedule of Area and Bulk Regulations is included at the end of this chapter.
Temporary buildings. Temporary buildings, including mobile homes and storage structures, are permitted only in conjunction with construction projects. The following specific regulations apply:
A permit for a temporary building shall be issued by the Zoning Administrator for a period not to exceed one year. Such permit may be renewed a maximum of one time;
All temporary buildings must conform to the area and bulk regulations of the district as they apply to accessory uses;
No temporary building may be used as a sales office;
Any temporary building must be removed within 30 days of the completion of the construction project or expiration or revocation of any building permits issued thereto;
Any temporary building used or intended to be used as a storage facility for a period exceeding seven successive days requires a permit.
Vendors, solicitors, peddlers. The following conditions shall apply to any roadside vendor, solicitor, or peddler in the Town of Clinton:
All vendors, solicitors, and peddlers are required to obtain a temporary permit prior to commencing operation. Permits shall be issued for a maximum period of two weeks within a calendar year. No vending, soliciting, or peddling may be conducted in the Town of Clinton without a permit;
Any such operation to be conducted on private property shall have written consent of the property owner prior to and as a condition for issuance of the permit. No structure, equipment, or materials shall be erected or stored on a lot except as otherwise permitted in this chapter;
Operating hours shall be between 8:00 a.m. and 6:00 p.m.;
No structures, stands, motor vehicles or other facilities used for vending, soliciting, or peddling are permitted within the public right-of-way between the hours of 6:00 p.m. and 8:00 a.m.;
Any vehicles, trailers, or other facilities used for vending, soliciting, or peddling are subject to § 250-64, Outdoor storage or parking of recreational or commercial vehicles;
Permits may only be issued for a specific location designated by roadway name and mile marker. A new permit is required if a change in location is desired. The permit shall be conspicuously displayed by the vendor during hours of operation;
Only one vending permit per vendor shall be in force at one time. A permit will not be granted for a vendor, solicitor, or peddler where a permit has been granted to another vendor, solicitor, or peddler to operate within one roadway mile;
No advertising, signs, or promotional materials are permitted except in accordance with § 250-70, Signs, Subsection C. Signs shall be limited to one per establishment. Signs may be either freestanding, wall-mounted or painted on, but in no case may they exceed 12 square feet. No sign may be placed in the traveled way of a road or otherwise constitute a danger to motor vehicles;
Adequate sight distance and space for safely pulling off the roadway and parking shall be provided. However, the construction of parking facilities for the express use of vending operations is prohibited;
No structures, stands, motor vehicles or other facilities used for vending are permitted within 200 feet of any residence, intersection or on any crosswalk;
Such permit may be revoked without notice by the Zoning Administrator, or the operation required to be moved, if in the judgment of the Zoning Administrator or Highway Superintendent the operation is determined to be unsafe. If the permit is revoked, the operation shall immediately cease. Such decision to revoke for safety reasons may be appealed to the Town Board.
Vendors, solicitors, or peddlers are required to furnish proof of liability insurance as specified by the Town Board in the Town's fee schedule, or if not specified, a minimum of $300,000 for property damage and injuries, including injury resulting in death, caused by the operation of the vending business.
Roadside vendors. Roadside vendors, as defined in Article VIII of this chapter, shall be permitted subject to the following conditions:
All roadside vendors are required to obtain a temporary permit prior to commencing operation. No roadside vendors may operate in the Town without a temporary permit.
Buildings, structures, tents, etc., utilized shall not exceed 100 square feet in gross floor area, shall not allow for entry by the general public, and shall be located not less than 20 feet from the right-of-way of any road.
Adequate sight distance and space for safely pulling off the road and parking must be provided. However, the construction of paved parking facilities for the express use of roadside vendors is prohibited.
Such permit must be renewed annually and may be revoked if the roadside vendor fails to meet any of the conditions herein.
§ 250-76 Two-family dwellings.
The following regulations apply to two-family dwellings:
At least one of the dwelling units shall be owner-occupied. Otherwise, the special use permit standards to be applied are those for multifamily dwellings, and are permitted only in districts as listed in the Schedule of Use Regulations.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). The Schedule of Use Regulations is included at the end of this chapter.
A two-family dwelling shall require twice the acreage specified in the District Schedule of Area and Bulk Regulations[2] for a single-family dwelling in the district in which it is located.
[2]
Editor's Note: The District Schedule of Area and Bulk Regulations is included at the end of this chapter.
Once a special use permit has been approved for a two-family dwelling, any further subdivision of the property shall require that the two-family unit be identified on any subdivision plans and that the required acreage goes with the two-family dwelling; otherwise, subdivision may not occur while a special use permit for a two-family dwelling is in effect.[3]
If a two-family dwelling is created by conversion rather than new construction:
It must be created through conversion of a single-family dwelling legally existing on the effective date of this chapter;
The single-family dwelling, at the time of conversion, must be on an individual lot with lot area sufficient to accommodate the requirement for a two-family dwelling unit specified in Subsection B above, and have lot width and lot frontage of no less than the minimum specified for the zoning district in the District Schedule of Area and Bulk Regulations. The lot may not be an existing nonconforming lot of less than the prescribed lot area, width, or frontage.
Adequate water supply and sewage disposal facilities shall be provided in accordance with the requirements of the Town of Clinton and the Dutchess County Department of Health.
§ 250-77 Veterinarian's offices or animal hospitals.
The following regulations apply to veterinarian's offices and animal hospitals:
Any building housing animals shall be located at least 200 feet from any property line.
All outdoor areas used by animals shall be enclosed by fencing of a type of construction and height sufficient to contain any animal on the premises. Such areas shall be located to the side or rear of the principal building.
The office or hospital shall be operated in such a manner as to produce no objectionable noise, odors, or other nuisances beyond the boundaries of the site on which it is located.
A minimum of 10 acres is required for boarding if animals have access to the outside of buildings. A minimum of three acres is required for boarding if animals do not have access to the outside of buildings. If there are no boarding facilities, such office shall be construed to be a "medical clinic."
§ 250-78 Freshwater wetlands, watercourses, lakes, ponds and floodplains.
[Amended 11-11-2008 by L.L. No. 2-2008]
Purpose. The intent of this regulation is to minimize any negative impacts caused by development to freshwater wetlands, watercourses, lakes, ponds, and floodplains and to regulate their use to maximize the public's rights to enjoy these areas. The purpose of this section is to regulate the dredging, filling, deposition or removal of materials, including vegetation; the diversion or obstruction of water flow; the placement of structures in, and other uses of, the ponds, lakes, reservoirs, natural drainage systems and freshwater wetlands located in the Town of Clinton; and to require permits therefor; and to provide for the protection and control of freshwater wetlands, water bodies and watercourses.
Legislative intent. The Town Board of the Town of Clinton has determined that the public interest, health and safety and the economic and general welfare of the residents of the Town of Clinton will be best served by providing for the protection, preservation, proper maintenance and use of the Town's ponds, lakes, reservoirs, water bodies, streams, watercourses, freshwater wetlands, natural drainage systems and adjacent land areas from encroachment, soiling, polluting or natural elimination resulting from rapid population growth attended by commercial development, housing, road construction and/or the disregard for natural resources. This section is intended to protect water supplies, aquifers, stormwater management capacity, chemical and pollutant filtration ability, habitat and breeding environment, and recreation opportunities provided by the Town's water resources.
Regulated activities which require a permit. Except as otherwise provided in Subsection D herein concerning exempt activities or Subsection H herein concerning waiver of requirements, it shall be unlawful, in the absence of a permit issued pursuant to this section, to do any of the following activities in any wetland, watercourse or controlled area (as defined below):
Place or construct any structure.
Place or construct any part of a septic system or other type of sewage disposal system, including a sewage treatment plant.
Construct or install any road, driveway, utilities or utility corridor, or other improvements, including the driving of pilings or placement of other obstructions, unless all other alternatives are clearly impractical.
Conduct any form of draining, dredging, excavation or removal of material, either directly or indirectly.
Conduct any form of dumping, filling or depositing of material, either directly or indirectly.
Introduce any form of pollution, including but not limited to surface or water discharge from a sewage system, the deposition or introduction of inorganic chemicals, animal wastes, pesticides or fertilizers and the discharging of solid, liquid or gaseous wastes.
Alter or modify any natural features and contours or natural drainage patterns.
Construct dams or other water control devices.
Clear-cut trees at once or over time, not regulated under § 250-71, Soil erosion and sediment control.
Create an increase or decrease in the flow, velocity or volume of water in any wetland, watercourse, lake, or pond, excluding customary seasonal raising and/or lowering.
Conduct any other activity that may impair the natural function(s) of a wetland, watercourse, lake, pond, or floodplain.
Exempt activities. The following activities are allowed without a permit under this section:
The deposition or removal of the natural products of the wetlands and adjacent areas by recreational or commercial fishing, aquaculture, hunting or trapping, where otherwise legally permitted and regulated.
Ordinary maintenance, repair and/or replacement of existing structures or improved areas which do not involve expansion or substantial modification, including but not limited to bridges, roads, driveways, highways, bulkheads, docks, piers or pilings.
Public health activities under orders and regulations of the New York State Department of Health, provided that copies of all such orders and regulations affecting wetlands have been filed with the Planning Board and that the Planning Board may request modification of such orders if it deems it necessary to implement this section.
Any actual or ongoing emergency activity which is immediately necessary for protection and preservation of life or property or the protection or preservation of natural resource values.
The application of nonpolluting chemicals and dyes for the purpose of maintenance.
Accepted agricultural practices, except where alteration is being reviewed as part of an application for site plan approval, subdivision approval, a special permit or a variance.
All activities listed in § 24-0701(3) through (8) of the New York Environmental Conservation Law as exempt from the permit requirements of the New York State Department of Environmental Conservation, and defined by 6 NYCRR 663.2 of the New York State Environmental Conservation Rules and Regulations.
Wetlands of 12.4 acres or greater regulated by the New York State Department of Environmental Conservation Law, Freshwater Wetlands Act,[1] or as amended and updated, shall be regulated by the Department of Environmental Conservation and shall not be subject to this section.
[1]
Editor's Note: See Environmental Conservation Law Art. 24, § 24-0101 et seq.
All activities contemplated in pending applications before the Planning Board which have received at least preliminary approval or final approval, provided the approval has not expired.
The installation of approved dry hydrants.
The salting and sanding of public roads by municipal and state highway departments.
Approval standards. In approving or denying any application for a permit under this section, the Planning Board shall consider the effect of the proposed activity on the ecology of the wetland, watercourse, lake, pond, or floodplain, on the public health and welfare, on flood hazards, water supply and on the maintenance and enhancement of other benefits provided by such resources. The Planning Board shall apply the following standards in making its determination:
The potential negative impacts of the proposed activity, and existing and reasonably anticipated similar activities, upon neighboring land uses and wetlands, watercourses, lakes, ponds, and floodplains should be eliminated or minimized. Such impacts include:
Infilling or other modification of natural topographic contours;
Disturbance or destruction of natural flora and fauna;
Influx of sediments or other materials causing increased water turbidity or substrate aggradation;
Removal or disturbance of wetland soils;
Reductions in water supply;
Interference with water circulation;
Reduction or increases in nutrients;
Influx of toxic chemicals or heavy metals;
Thermal changes in the water supply; and
Changes affecting natural aesthetic values.
The impact of the proposed activity and reasonably anticipated similar activities upon flood flows, flood storage and water quality should be eliminated or minimized;
The potential for damage from flooding, erosion, winds, soil limitations and other hazards due to the activity should be eliminated or minimized;
Water supply and waste disposal facilities, on and off site and in areas where future development can be reasonably expected, should be adequate after the completion of the proposed activity;
The activity should be consistent with federal, state, county and local comprehensive land use plans and regulations, including New York State Environmental Conservation Law Article 24; and
All reasonable alternatives on the subject parcel shall have been thoroughly explored and no other reasonable alternative is available on a site which is not a wetland, watercourse, lake, pond, or floodplain.
Application process.
The issuance of permits for regulated activities under this section shall be the responsibility of the Planning Board, which shall be referred all permit applications deemed to be complete by the Zoning Administrator. Applications for permits for regulated activities shall be filed with the Zoning Administrator. To the extent practicable, review of any impacts on a wetland, watercourse, lake, pond, or floodplain shall take place in concert with the review of any principal activity being reviewed by the Planning Board.
The Planning Board may request the advice of the Conservation Advisory Committee, consultants or interested parties prior to approving any regulated activity.
Where an application has been made to the Zoning Administrator, Town Board or Planning Board for an action that is subsequently determined to require a permit pursuant to this section, a copy of the application may be submitted as the permit application.
The applicant shall file with the Zoning Administrator an application, in such form and with such information as the approval authority shall prescribe. At a minimum, the following information shall be required:
A written explanation of why the proposed activity cannot be located at another site, i.e., out of the wetland, watercourse, water body or controlled areas.
Applications affecting the water retention capacity, water flow, or other drainage characteristics of any wetland, watercourse or water body shall include a statement of the impact of the project on upstream and downstream areas, giving appropriate consideration to flood and drought levels and the amount of rainfall.
A map showing all wetlands, watercourses, water bodies and controlled areas on the site under review and within 200 feet of the site boundaries.
A description of the vegetative cover of the area, including dominant species.
A description of the soil types on the site.
Where creation of a lake or pond is proposed, details of the construction of any dams, embankments, outlets or other water control devices and an analysis of the wetland hydrologic system, including seasonal water fluctuation, inflow/outflow calculations and subsurface soil, geology and groundwater conditions.
An environmental assessment form under SEQRA.
The Planning Board reserves the right to hire a consultant at the expense of the applicant for the purpose of collecting information necessary to make an appropriate determination of impacts on any wetland, watercourse, lake, pond, or floodplain.
Standards for permit decisions. In granting or denying or conditioning any application for a permit, the approval authority shall consider the following:
All evidence offered at any public hearing.
Any reports from other environmental councils, boards or commissions and/or federal, county, state or Town agencies.
The environmental impact of the proposed action.
Irreversible and irretrievable commitments of natural resources that would be involved in the proposed activity.
The suitability or unsuitability of the activity to the area for which it is proposed.
The effect of the proposed activity to the protection or enhancements of functions of wetlands, watercourses and water bodies and the benefits they provide.
The possibility of avoiding further reduction of the wetlands', watercourses', or water bodies' natural capacity to support desirable biological life, prevent flooding, supply water, control sedimentation, prevent erosion, assimilate wastes, facilitate drainage and provide recreation and open space.
The extent to which the exercise of property rights and the public benefit to be derived from such use may or may not outweigh or justify the possible degradation of the wetland, watercourse or water body, the interference with the exercise of other property rights and the impairment or endangerment of public health, safety and welfare.
Whether the property is grandfathered by virtue of approvals predating the adoption of Article 24 of the Environmental Conservation Law, and the extent to which it might be deemed unfair or unreasonable to regulate wetlands under this chapter to limit development which is accordingly grandfathered from state regulation.
The comments of the Zoning Administrator, which shall be submitted in writing to the Planning Board.
Waiver of requirements.
Should the Planning Board determine, after review of said application and upon recommendation of the Zoning Administrator, that an action proposed for a regulated area is insignificant, the Planning Board shall have the power to:
Where the Planning Board finds that any waivers are appropriate, it shall set forth its decision and reasons therefor in writing and file the same with the Office of the Planning Board.
Findings.
Permits will be issued by the Planning Board pursuant to this section only if the approval authority shall find that:
The proposed regulated activity is consistent with the policy of this chapter to preserve, protect and conserve wetland, watercourse and water body functions and the benefits derived therefrom.
The permit issued for the proposed regulated activity is at least as restrictive as would result under application of the Freshwater Wetlands Act of the State of New York, Environmental Conservation Law § 24-0501 et seq.
The proposed activity is compatible with the public health and welfare.
The proposed regulated activity cannot practicably be relocated on site to eliminate or reduce the intrusion into the wetland, watercourse or water body or the controlled areas adjacent thereto.
The applicant shall have the burden of proof in demonstrating that the proposed activity will be in accordance with the policies and provisions of this section.
Permit conditions. Any permit issued pursuant to this chapter may be issued with conditions to assure the preservation and protection of affected wetlands, watercourses and water bodies, and compliance with the policy and provisions of this chapter.
Penalties for offenses. Any person convicted of having violated or disobeyed any provision of this chapter, or any condition attached by the approval authority in a permit granted pursuant to this chapter, shall, for the first offense, be punishable by a fine of not less than $1,000. For each subsequent offense, such person shall be punishable by a fine of not less than $2,000 nor more than $15,000, and/or imprisonment of not more than 15 days. Each consecutive day of the violation may be considered a separate offense.
Enforcement.
This chapter shall be enforced by the Zoning Administrator. The Town Board may also designate other enforcement officers.
The Town is specifically empowered to seek injunctive relief restraining any violation, threatened violation or breach of any permit condition under the provisions of this chapter, and/or to compel the restoration of the affected wetland, watercourse, water body or controlled areas to its condition prior to the violation, or breach of any permit condition. If the Town is successful in obtaining preliminary and/or permanent injunctive relief, it shall be entitled to an award by the court of its reasonable attorney's fees.
Appeals. Any appeal from a Planning Board determination under this section shall be made by an aggrieved party to the Supreme Court, Dutchess County, in the manner provided by Article 78 of the Civil Practice Law and Rules.
§ 250-79 Yard sales or other temporary sales.
The following regulations apply to yard sales and other temporary sales:
Sales shall not last longer than four days.
Sales shall not be held more than twice in a calendar year.
Sales shall be conducted on the owner's property. Multiple-family sales are permitted if they are held on the property of one of the participants.
No goods purchased for resale may be offered for sale.
All directional and advertising signs shall be freestanding and removed after completion of the sale.
All directional and advertising signs placed on private property shall have the owner's permission.
No directional or advertising sign may be larger than four square feet.