Cobleskill Town City Zoning Code
ARTICLE IV
Regulations and Standards
§ 140-10 Schedule of zoning district regulations.
The attached District Regulations Schedule (Appendix C), shall be deemed to be a part of this section and is referred to herein as the "Use Schedule."[1]
[1]
Editor's Note: The District Regulations Schedule, Appendix C, is located at the end of this chapter.
§ 140-11 Special land use districts.
A.
Planned Development District. A Planned Development District (PDD) shall be treated as an amendment to this Zoning Chapter. The PDD is designed to accommodate such large-scale uses as will be of benefit to the community but which could not have been anticipated at the time of adoption of this chapter.
(1)
Procedure.
(a)
Preliminary proposal. Any applicant wishing approval for a Planned Development District shall submit his request to the Town Board in the form of a preliminary proposal which shall include:
[1]
A sketch plan showing existing and proposed land use and the approximate location of proposed buildings, existing topographic characteristics, approximate location of existing and proposed streets and easements, and existing land uses immediately adjacent to the proposed PDD.
[2]
A written explanation of the character and purpose of the planned development, including the type and density of any housing proposed, open space to be provided, the water and sewage disposal system proposed, a general statement of proposed financing, and an indication of the expected timetable for development.
(b)
Developer's conference. Upon receipt of the preliminary proposal the Town Board shall forward it to the Planning Board for approval or disapproval. Within 45 days after receipt of the preliminary proposal from the Town Board, the Planning Board shall schedule a conference with the applicant to review the proposed planned development. If said proposal seems to be in accordance with overall planning objectives for the area, the Planning Board and applicant shall jointly consider the conditions and specifications under which the proposal will be approved. After such conference, if the applicant wishes to proceed with the planned development, he shall submit to the Planning Board a written statement of intent to comply with the conditions and specifications as established. If agreement on conditions cannot be reached, the Planning Board may, at that time, recommend to the Town Board that the proposal not be approved. Such recommendation shall include a detailed explanation of the basis for the Planning Board's decision.
(c)
Planning Board recommendation. Upon receipt of the applicant's statement of his intention to comply with the established conditions, the Planning Board shall within 30 days forward to the Town Board it's recommendation to modify the Zoning Chapter and establish the PDD. Such Planning Board report shall include the recommended conditions and covenants which the applicant shall observe in the planning development, the applicant's statement of intent to comply with said conditions and covenants, and a recommendation on the type and amount of performance guarantee which the developer should provide.
(d)
Conditional approval. Within 45 days after receipt of the Planning Board's recommendation to approve or disapprove the proposed PDD, the Town Board shall hold a public hearing on the proposal. Within 10 days after such public hearing, the Town Board shall approve conditionally or disapprove the proposed PDD. When conditional approval is granted, the location of the PDD shall be noted on the Zoning Map. Conditional approval shall automatically become final upon acceptance of the site development plan by the Planning Board. In the event the Town Board wishes to act contrary to the recommendation of the Planning Board, such action shall be made by a majority vote.
(e)
Site development plan. Upon receiving conditional approval by the Town Board, the applicant shall prepare a site development plan for submission to the Planning Board. Such submission shall satisfy all the conditions imposed by the Town Board (See Appendix B[1]). Written approval of a site development plan by the Planning Board shall be filed with the Town Board and the Enforcement Officer. This shall constitute authorization for the applicant to proceed with the planning development.
[1]
Editor's Note: Appendix B is located at the end of this chapter.
(f)
Changes. Minor changes may be made in an approved site development plan only upon approval of the Planning Board. Major changes such as increased density or reduction of open space are subject to Town Board review and approval.
(2)
Development guidelines.
(a)
In reviewing proposal for Planned Development Districts, the Planning Board will be guided generally by the following standards and may impose additional conditions as well:
[1]
The proposed district should be at least two acres in area and the overall density of any residential areas should be no more than two dwelling units per gross acre.
[2]
At least 30% of the gross area of the district should be devoted to open space and/or recreation areas.
[3]
Proposed nonresidential uses shall be appropriate in size and suitably located and shall not create any detrimental influences inside or outside the boundaries thereof.
[4]
Approved utility support systems (water, sewers, electricity) shall be required. Electric distribution and telephone lines shall be put underground.
[5]
An approved storm drainage system shall be provided which will not be detrimental to the surrounding area.
[6]
All provisions of the chapter affecting signs and off-street parking shall be complied with.
[7]
Development in such districts shall be protected by such reasonable and appropriate safety measures, devices, screening, or yards as may be required by the Planning Board, in order to avoid or minimize any adverse effects on the development itself or on the surrounding area.
(b)
All Planned Development District proposals shall be consistent with the need to minimize flood damage, that all public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated, and constructed to eliminate or minimize flood damage, and that adequate drainage is provided so as to reduce exposure to flood hazards.
B.
Flood Protection District.
(1)
Refer to Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRMs) for the Town of Cobleskill to identify land in a Special Flood Hazard Area (SFHA).
(2)
The Flood Protection District is all land designated as a SFHA on an effective FIRM, and the Town of Cobleskill Chapter 81, Flood Damage Prevention, shall apply to all land in a SFHA.
(3)
Contact the Zoning Enforcement Officer (Town Floodplain Administrator) before undertaking any construction (including placement of fill and/or excavation) to determine if land is in a SFHA and any applicable flood regulations.
§ 140-12 Special conditions and special permits.
[Amended 2-8-1993 by L.L. No. 2-1993]
A.
Land use activities listed in the Use Schedule, Appendix C,[1] as being subject to special conditions, including an amendment to this chapter or requiring a special permit shall not be permitted uses until such special conditions have been fulfilled or a special permit has been authorized by the Planning Board in accordance with the provisions of this chapter.
[1]
Editor's Note: Appendix C is located at the end of this chapter.
B.
Notwithstanding above land use activities listed in the Use Schedule, Appendix C, as requiring a special permit shall not be permitted until a site development plan has been approved by the Planning Board, authorizing proposed land use.
C.
Special use permit procedures. On referral by the Code Enforcement Officer, after application has been made for a building permit, or on direct application, the Planning Board is hereby authorized to issue a special use permit for any use for which this chapter requires the obtaining of such permits, subject to applicable regulations of this chapter and procedures in Town Law § 274-b of the State of New York.
[Added 6-10-2019 by L.L. No. 2-2019]
(1)
Standards applicable to all special use permits. Special permit uses are uses for which approval of the Planning Board is required and for which conformance to additional standards is required, in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific case or use shall be considered as an individual case that requires consideration of the merits and details of each proposed use to assure that such proposed use is in harmony with this chapter; the Comprehensive Plan; land use; similar goals and plans from time to time adopted by the Town Board in effect at the time in question; and that such proposed use will not adversely affect the general character of the surrounding area if the conditions of the special use permit are met.
(2)
In evaluating a request for a special use permit, the Planning Board shall require evidence of the satisfaction of each and every of the following standards by findings entered into the record of the proceedings:
(a)
That the special use is specifically authorized by this chapter (The decision shall set forth the exact subsection of this chapter containing the jurisdictional authorization.);
(b)
That the special use meets all of the criteria set forth in the subsection of this chapter authorizing such special use; and
(c)
That the granting of the special use permit will not alter the general character of the surrounding area, or impair the intent or purpose of this chapter, or of the Comprehensive Plan, or of land use and similar goals and plans from time to time adopted by the Town Board and in effect at the time in question. In so doing, the Planning Board shall consider factors such as:
[1]
Location and size of the proposed project;
[2]
The nature and intensity of the operations involved;
[3]
The size of the site in relation to the size of the proposed project;
[4]
The location of the site with respect to the existing or future streets giving access to it with extra consideration to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;
[5]
Whether the location, nature and height of buildings, walls, and fences will discourage the appropriate development and use of adjacent land and buildings and properties generally in the district or impair the value thereof;
[6]
Whether the operations in connection with the proposed project will be more objectionable in nature to nearby properties and properties generally in the district, by reason of noise, fumes, vibration, flashing lights, increased traffic or any other objectionable reasons, than would be the operations of any use permitted as of right;
[7]
The impact on existing and planned capacity of infrastructure systems, including but not limited to roads, water, sewer, energy and drainage;
[8]
Whether environmentally sensitive features will be protected; and
[9]
Whether any authorization hereunder shall create fiscal burdens upon the community at large.
(3)
No special permit shall be issued for a use on a property where there is a violation of this chapter or other Town law or regulation. A special use permit shall authorize only one particular special use and shall expire if the subject use shall cease for any reasons for one year or longer.
(4)
Renewal, time limit, and extension. The Planning Board may require, as a condition to the issuance of any special use permit, that it be periodically renewed, or may issue any special use permit for a specific time period, subject to adequate guarantees that the use covered will be terminated at the end of the period specified or such extension thereof as may be granted by said Board. Any such renewal or extension may be subject to the same procedure and requirements as specified herein for the original issuance of the special use permit involved.
(5)
Submission of plans. In addition to any other requirements set forth herein, each application for a special use permit shall be accompanied by:
(a)
A proposed plan at an appropriate scale showing the size and placement of the lot, the design and location of the proposed facilities (including driveways, parking spaces, screens, and fences) and, at the discretion of the Planning Board, existing and proposed contour lines. The location of the subject lot and all streets within a radius of 1,000 feet shall also be shown.
(b)
A brief narrative describing the proposed use.
(c)
A short environmental assessment form (EAF) (unless the Planning Board requests the full EAF or the SEQRA requires a full EAF).
(d)
An agricultural data statement, if required.
§ 140-13 Supplementary use and area regulations.
A.
General provisions.
(1)
Public properties. This chapter is not intended to restrict the construction or use of public buildings or lands or property supported in part or in whole by taxes on property in the Town of Cobleskill in the exercise of a governmental function.
(2)
Public utilities. This chapter is not intended to restrict the construction or use of underground or overhead public utility distribution facilities or of other public utility structures operating under the laws of the State of New York, except as otherwise provided in this chapter, and except that any such structures shall conform in character to the environment in which erected, and shall;
(a)
Secure a special permit to construct new facilities in either a residential or a commercial district.
(3)
Principal buildings per lot.
(a)
There shall be only one principal building and use per lot in R-1 and R-2 unless a site development plan for that lot is approved by the Planning Board. Such buildings shall conform to all requirements for the applicable zoning district.
(b)
Not withstanding the above or any other provisions of this chapter in an R-R Zone, a permit may be issued the owner of agricultural land of 10 or more acres to place or park no more than two mobile homes on such lands for his or her own occupancy or his or her employee(s) occupancy as allowed in § 140-13H(3).
[Amended 2-8-1993 by L.L. No. 1-1993]
(4)
Lot size. Minimum yard dimensions shall be varied for each district as determined by Appendix C.[1]
[1]
Editor's Note: Appendix C is located at the end of this chapter.
(5)
Existing undersized lots. Any lot held in single and separate ownership prior to the adoption of this chapter, whose area and/or width and/or depth are less than the specified minimum lot requirements of this chapter for that district, may be considered as complying with such minimum lot requirements, and no variance shall be required, provided that:
(a)
Such lot does not adjoin other undersized lot or lots held by the same owner, whose aggregate area is equal to or greater than the minimum lot area required for that district.
(b)
Any structure erected or use located on a nonconforming lot shall have front, side and rear yards conforming to the minimums required for the district in which said lot is located, except as may be otherwise approved by the Board of Appeals as elsewhere provided for and according to the variance procedures under this chapter.
(6)
Height exceptions. Nothing herein contained shall be interpreted to limit or restrict the height of church spires, cupolas and domes not intended for human occupancy, public utility structures, monuments, radio towers, windmills, water tanks, elevator bulkheads, chimneys, flag poles, stage towers, scenery lofts, buildings on a farm and structures or similar structures.
[Amended 12-12-2005 by L.L. No. 7-2005]
(7)
Transition requirements for district boundaries. Where a lot in a business district abuts a lot in a residential district, there shall be provided along such abutting side on said business or industrial district lot a yard at least equal in width to that required in the abutting residential district. In said yard a strip 12 feet wide immediately adjacent to said resident lot shall not be used for storage of any material or goods, parking, or roadway, and shall be provided with a solid wall, fence, or hedge at least six feet but no more than eight feet in height. Such wall, fence, or hedge shall begin at a point no more than five feet from the front and/or side property line and shall extend along the full dimension of the abutting lots and shall be properly maintained.
[Amended 1-8-1990 by L.L. No. 1-1990]
(8)
Fire escapes. Nothing herein contained shall prevent the projection of an open fireproof escape into a rear or side yard for a distance up to eight feet.
(9)
Yards.
(a)
Corner lots. On a corner lot, each side which abuts a street shall be deemed a front lot line, and the required yard along each such lot line shall be a required front yard. The owner shall decide which of the remaining yards shall be the required side yard and the required rear yard.
(b)
Double frontage. For any through lot, fronting on two different streets, both frontages shall comply with the front yard requirements of the district in which it is located.
(c)
Distance between principal buildings. If two or more principal residential buildings are located on the same lot, one building's exterior walls containing windows shall be separated from the nearest point on any building by a horizontal distance, perpendicular to the wall with windows, equal to at least twice the width of the required side yard for the particular district in which the buildings are located.
(d)
Street corner visual clearance. On a corner lot in which a front yard is required, no fence, hedge, wall or other structure or planting more than three feet in height shall be erected, placed, or maintained so as to obstruct visibility of vehicular traffic within the triangular area formed by the intersecting street right-of-way lines and a straight line joining said lines at points 40 feet distance from the point of intersection, measured along said lines.
(10)
Temporary vendors.
(a)
Except as may otherwise be permitted by this chapter, it shall be unlawful to conduct any temporary outdoor sales from the right-of-way of any roadway, yard or parking lot.
(b)
Temporary shall mean businesses that are transportable and not located on the vendor's own property.
(11)
Activity standards for noisome and injurious substances, conditions, and operations. The following activity standards shall apply in all districts except for normal farm uses such as forestry use tools, crop harvesting, feed lot operations.
(a)
Vibration. No vibration shall be discernible at the lot lines of the source or beyond.
(b)
Smoke. There shall be no emission of dense smoke.
(c)
Odors. No offensive odor shall be noticeable at the lot line or beyond.
(d)
Fly ash, dust. There shall be no emission which can cause any damage to health, animals, or vegetables or other forms of property or any excessive soiling.
(e)
Liquid or solid wastes. There shall be no discharge into any present or future disposal system, public or private, or streams or into the ground, of any materials of such nature or temperature as to contaminate groundwater supply.
(f)
Radioactivity. There shall be no activities which emit dangerous radioactivity at any point, as covered by Federal Government Standards.
(g)
Noise. No continuous hum, intermittent noise or shrill noise noticeable at lot lines shall exceed 70 dba (busy street).
(h)
Fire and explosion hazard. There shall be no process or storage of material in such manner as to create undue hazard by reason of fire or explosion.
(12)
Explicitly prohibited uses in the B-2 Zoning District.
(a)
Without limiting the generality of the statements elsewhere in this chapter that any use not specifically set forth as a permitted use (as of right, accessory, or upon special permit, as the context may admit) in any particular zoning district shall be expressly prohibited in that district, the following uses and activities are hereby expressly and explicitly prohibited in the B-2 Zoning District, and no building or structure shall be created, altered or erected, and no body of water, land or building thereon shall be used for any of such uses or activities:
[Added 6-10-2019 by L.L. No. 2-2019]
[1]
Junk and/or salvage yard;
[2]
The storage of crude oil or any of its volatile or asphaltic oils or other highly inflammable liquids in aboveground tanks with unit capacity greater than 10,000 gallons.
(b)
Any condition caused or permitted to exist in violation of this section is a threat to public health, safety and welfare, and is hereby declared and deemed to be a nuisance. Collectively, the above expressly prohibited uses may be referred to in this chapter as "explicitly prohibited uses," any one of the above expressly prohibited uses may be referred to in this chapter as an "explicitly prohibited use," and any combination of more than one such use may also be referred to as "explicitly prohibited uses."
B.
Off-street parking and loading.
(1)
Off-street parking space shall be required for all principal buildings constructed or substantially altered after the effective date hereof. Each off-street space shall consist of at least 180 square feet with a minimum width of nine feet. In addition, space necessary for aisles, maneuvering and drives shall be provided and shall be so arranged as not to interfere with pedestrian or motor traffic on the public street or highway.
(2)
Parking requirements shall be provided on the basis of one space per each dwelling unit and one space for each 200 square feet of retail, office, sales or display area in any business or commercial use unless otherwise stipulated. For uses not specified or not of the nature or type generally described here, the Planning Board shall recommend the parking requirements in specific cases consistent with the guidelines provided herein.
(3)
No unlicensed, unregistered or inoperative motor vehicle shall be parked or stored out-of-doors or other than in a fully-enclosed structure in any residential district for a period to exceed 30 days; except as such may be used for and be a part of a farm or permitted commercial use.
[Amended 8-11-1997 by L.L. No. 1-1997]
(4)
No recreational vehicle or living unit, boat, or other utility or service vehicle or equipment shall be stored in any required front yard or within 10 feet of any lot line.
(5)
Off-street parking for gasoline stations and service garages shall be limited to employee and customer cars which are licensed and in running condition and shall not be used for repair or sale of new or used cars or parts therefrom.
(6)
For any building having more than one use, parking space shall be required for each use. For the purposes of computing parking requirements, floor areas shall be the sum of the horizontal area within exterior walls of the several floors of a building, excluding basement, cellar and attic areas.
(7)
Off-street loading facilities shall be provided for each commercial or industrial establishment hereafter erected or substantially altered to have a gross floor area in excess of 1,500 square feet and shall be so arranged as not to interfere with pedestrian or motor traffic on the public street or highway. Any required off-street loading berth shall have a clear area not less than 12 feet in width by 25 feet in length.
(8)
An off-street space may occupy any part of any required side or rear yard, except no such berth shall be located closer than 100 feet to any lot in any residential district unless wholly within a completely enclosed area or within a building.
C.
Sign purpose.
[Amended 1-8-1990 by L.L. No. 1-1990; 6-9-2003 by L.L. No. 2-2003; 9-8-2003 by L.L. No. 4-2003]
(1)
These regulations are meant to encourage the use of signs in the Town of Cobleskill and to promote a healthy business climate, while deterring the clutter and confusion associated with commercial roadside districts and to protect the aesthetic environment of the Town. The specific purposes of this section are to:
(a)
Preserve public health and safety by controlling the size, location, and character of signs so they will not confuse, distract, mislead, or obstruct vision necessary for traffic safety and reduce hazards in rights-of-way.
(b)
Preserve the general welfare by controlling the aesthetics and attractiveness of signs in order to protect the existing character of the Town, to mitigate any negative impacts on and to be compatible with neighboring properties, and to create a more attractive visual environment in order to maintain community character, protect property values, and encourage economic growth.
(2)
General provisions. Wherever located and whatever their nature, all signs shall conform to the following general requirements:
(a)
No attached sign shall extend within a street or road property line.
(b)
In matters of setback from the street or road, required yards and other such respects, freestanding signs larger than eight square feet require site development plan approval.
(c)
Advertising display upon a building or other surface shall be regarded as within the above regulations. Using formula: 2 x Width of the Storefront x 0.60.
(d)
Signs must be constructed of durable materials, maintained in good condition, and not allowed to become dilapidated.
(e)
Special (occasional) event signs (maximum 16 square feet with exceptions for 32 square feet) and political signs are considered temporary signs and are to be placed no more than 30 days prior to the special event or election and shall be removed within seven days after the event or election. Special (occasional) events are required to be registered with the Town Code Enforcement Officer. Property sale, rental or repair signs shall be removed by the property owner or his agent when the circumstances leading to their erection no longer apply. A realty sign (over six square feet) and all other temporary signs must be removed within 15 days after the event or when the circumstances leading to their erection no longer applies.
(f)
A temporary construction contractor sign (maximum 32 square feet) shall be considered under the building permit or certificate of occupancy process.
(g)
Within 30 days after cessation of business, all signs pertaining to that business shall be removed.
(h)
No sign should be illuminated by or contain flashing, intermittent, rotating, or moving light or lights. Current time or temperature signs are allowed providing they meet the other standards in the chapter.
(i)
No luminous sign, indirectly illuminated sign or lighting device shall be placed or directed so as to cause beams of light to be cast on any public highway, sidewalk or adjacent premises or to cause glare or reflection that will be a traffic hazard or nuisance.
(j)
Neon-type lighted signs are not allowed. Neon signs are allowed only in windows, provided they are inside the building. Neon signs may cover not more than 10% of the window area.
(k)
Signs shall be set back at least 10 feet from any property line and measured 40 feet from the center line of the road.
(l)
Signs parallel to and attached to a building should not be set out more than 12 inches from the building.
(m)
No projecting sign should extend into a public way or be less than eight feet above a pedestrian way. No projecting sign should extend to a height above the maximum building height allowed.
(n)
Signs shall not be mounted on roofs or extend above the roof line (unless they are mounted on the face parapet wall which extend above the roof line, in which case it can not extend above the top of the parapet).
(o)
No sign, except for traffic, regulatory, or informational sign, shall use the words "stop," "caution" or "danger," or should have red, amber, or green lights resembling a traffic signal, or should resemble "stop" or "yield" signs.
(p)
All applications for noncompliance signs will be subject to a site development plan or reviewed during new site development. The purpose of this provision is to provide local businesses the opportunity to advertise off-premise. Applicants shall demonstrate need and provide detailed site plan information conforming to the applicable zoning district.
(3)
District provisions.
(a)
Agricultural and Rural Residence Districts R-R, Residence Districts R-1, R-2, and Land Conservation Districts L-C.
[1]
No signs or billboards shall be permitted in these districts except in connection with permitted uses, customary professional and home occupation use signs; rooming, boarding and tourist home signs; real estate signs only when placed on properties for sale or rent; signs of an appropriate nature identifying any other building or use permitted under this chapter; signs necessary for the identification, operation or protection of a public utility installation; and signs incident to a legal process or necessary to the public welfare.
[2]
Permitted signs listed in Subsection C(3)(a) must follow size standards listed in Table 1.
[3]
All off-premises signs and billboards are prohibited.
(b)
Neighborhood Business B-1, Highway Business B-2, Highway Business B-3 and Industrial I Districts.
[1]
Signs permitted in these districts include all signs permitted in residence districts.
[2]
Any group of enterprises located on a parcel of land under single ownership is considered one commercial premise. See Table 1.
[3]
Permitted signs listed in Subsection C(3)(a) must follow size standards listed in Table 1.
[4]
See Subsection C(2)(p).
Table 1 Size Standards for Signs By District [Amended 10-3-2011 by L.L. No. 2-2011] | |||||||||
|---|---|---|---|---|---|---|---|---|---|
The following signs are permitted | |||||||||
R-R | R-1 | R-2 | B-1 | B-2 | B-3 | I | LC | PDD | |
Freestanding pole | |||||||||
Height (maximum square feet) | 10 | 10 | 10 | 20 | 22 | 20 | 20 | 10 | |
Area (maximum square feet) | 20 | 20 | 20 | 96 | 96 | 96 | 96 | 20 | |
Awning sign | |||||||||
Letter size (maximum inches) | 6 | 6 | 6 | 8 | 8 | 8 | 12 | 10 | |
Height above sidewalk (minimum feet) | 8 | 8 | 8 | 8 | 8 | 8 | 8 | 8 | |
Projecting sign | |||||||||
Above grade clearance sidewalk (minimum feet) | 8 | 8 | 8 | 8 | 8 | 8 | 8 | 8 | |
Above grade clearance driveway (minimum feet) | 13 | 13 | 13 | 13 | 13 | 13 | 13 | 13 | |
Area (each face) (maximum square feet) | 10 | 10 | 10 | 24 | 24 | 24 | 24 | 10 | |
Wall or building sign | |||||||||
Area (percent of wall area) | NA | NA | NA | See Subsection C(2)(c) | NP | ||||
Total number signs allowed per premise | 1 | 1 | 1 | 1 | 4 | 4 | 4 | 1 | 1 |
[a]
Any group of enterprises located on a parcel of land under single ownership is considered one commercial premise. Each business is allowed one additional sign mounted on building.
[b]
Signs in the district shall relate to specific uses authorized in the PDD.
[c]
Wall signs are allowed and shall have a total area not exceeding 2 x Width of the Storefront x 0.60 for each linear foot of building face parallel to street line or 10% of the wall area to which it is attached, whichever is less. Where a lot fronts on more than one street, the aggregate sign area facing each street frontage shall be calculated separately. Where two or more wall signs are affixed to one wall, the gross display area shall be the sum total area of all signs.
[d]
Sign bonuses:
[i]
Ten percent off fee if sign is in a landscaped planter two times the area of the sign.
[ii]
Fifteen percent off fee if a conforming sign replaces a nonconforming sign.
(4)
Sign permits and sign administration.
(a)
All businesses shall obtain a permit for all signs from the Town Code Enforcement Officer prior to placement. An application fee of (see fee schedule) must accompany each sign permit application. The application must include a scale drawing of the sign showing dimensions, materials, method and style of illumination, support structures and location on the land or building. No permit is needed for the following signs provided they are equal to or less than the listed size, and not illuminated. All other signs not listed in this section are subject to permit approval according to Subsection C(4)(a), (b) and (c).
[1]
Signs for which no permit is necessary prior to placement.
[a]
Sale or rental signs (six square feet).
[b]
Signs denoting the architect, engineer or contractor where construction or repair is in progress (32 square feet).
[c]
Professional and trade name plates (six square feet).
[d]
Home business signs (10 square feet and a maximum height of eight feet).
[e]
Signs which mark property boundaries, give directions for roads, prohibit trespassing, hunting, etc., or warn of hazards (four square feet and maximum height of seven feet).
[f]
Signs giving the name of the residents or a dwelling and/or its address (four square feet).
[g]
Temporary signs such as for garage sales, nonrecurring events, political campaign, fund drive, etc., or other events undertaken by a political, religious, charitable or educational organization.
[h]
A bulletin board or similar sign connected with a church, museum, library, school, public or semi-public structures (32 square feet with a maximum height of eight feet above ground level).
[i]
Farm products sign on farm premise (24 square feet).
[j]
Realty sign (under 20 square feet).
(b)
Approved sign permits will become null and void after six months if signs have not been completely installed as permitted.
(c)
For all signs that are to be erected in connection with a project requiring site plan review approval, sign approvals will be conducted by the Planning Board along with and according to the site plan approval process. If no site plan approval is required for a new building, signs shall be permitted and approved prior to issuance of building permits by the Zoning Officer.
D.
Shopping centers and motor courts or motels and public garages and motor vehicle service stations.
(1)
Shopping centers (Site development plan required — Appendix B). Shopping centers shall be subject to site plan review as established by Appendix B.[2]
[2]
Editor's Note: Appendix B is located at the end of this chapter.
(2)
Motor courts or motels (Site development plan required — Appendix B). Motor courts or motels, where allowable under this chapter, shall conform to the following requirements:
(a)
Each rental structure shall contain at least eight rental units.
(b)
In Agricultural and Rural Residence Districts R-R no rental structure or part thereof shall be placed closer to any street or road line than 100 feet; closer to any other property line than 50 feet; or closer to any other residence district boundary line than 200 feet.
(c)
Automobile parking space to accommodate not less than one car for each rental unit plus one additional space for every two persons regularly employed on the premises shall be provided on the premises, and in Agricultural and Rural Residence Districts R-R no part of such parking space shall be closer to any public street line than 70 feet.
(d)
Each rental unit shall be supplied with hot and cold running water and equipped with a flush toilet. All such fixtures shall be properly connected to the Town water and sewer system (or other equivalent method of water supply and sewage disposal properly installed). Sanitary facilities shall be approved by the proper health authorities.
(3)
Public garages and motor vehicle service stations (Site development plan required — Appendix B).[3]
(a)
No public garage or motor vehicle service station or private garage for more than five cars shall have a vehicular entrance closer than 200 feet to an entrance to a church, school, theater, hospital, public park, playground or fire station. Such measurement shall be taken at the shortest distance between such entrances across the street if the entrances are on opposite sides of the street, and along the street frontage if both entrances are on the same side of the street or within the same square block.
(b)
All motor vehicle services stations shall be so arranged and all gasoline pumps shall be so placed as to require all servicing on the premises and outside the public way; and no gasoline pump shall be placed closer to any side property than 50 feet.
(c)
Site development plans required for the erection or structural alteration of such public garage or motor vehicle service station shall be submitted to the Planning Board for approval. The Planning Board may require such changes therein in relation to yards, driveways, driveway entrances and exits, and the location and height of buildings and enclosures as it may deem best suited to insure safety, to minimize traffic hazards or difficulties, and to safeguard adjacent properties.
[3]
Editor's Note: Appendix B is located at the end of this chapter.
E.
Drive-in business, including drive-in outdoor theaters, refreshment stands, banks and the like where patrons may enter the premises and be served or entertained in automobiles. (Site development plan required — Appendix B[4]). Site development plans for the erection or structural alteration of such drive-in business establishment shall be submitted to the Planning Board for approval. The Planning Board may require such changes therein in relation to yards, driveways, driveway entrances and exits, and the location and height of buildings and enclosures as it may deem best suited to insure safety, to minimize traffic hazards or difficulties, and to safeguard adjacent properties.
[4]
Editor's Note: Appendix B is located at the end of this chapter.
F.
Excavation and quarries, stripping of topsoil and sand and gravel pits.
(1)
Excavations. Any proposed excavation adversely affecting natural drainage or structural safety of adjoining buildings or lands shall be prohibited. Excavations shall not create objectionable dust or noise, contribute to soil erosion or create any kind of noxious or injurious substance or condition nor cause public hazard. No topsoil shall be stripped, excavated or removed, for sale or for any use, other than in connection with excavation and grading incidental to construction of the premises from which it is removed unless a layer of not less than six inches of topsoil is left on the premises and this remaining layer is seeded to prevent erosion.
(2)
Quarries, stripping of topsoil and sand and/or gravel pits.
[Amended 2-8-1993 by L.L. No. 2-1993]
(a)
Rock and stone crushing, and mixing of stone or gravel with asphaltic oils or other binders shall be prohibited in all districts except heavy industrial districts. However, the above shall not prevent issuance by Planning Board of a temporary permit, under Article VI, for a mixing plant in connection with a particular construction project for the period of its construction.
(b)
A quarry for the removal of stone in bulk without crushing and a sand or gravel pit may be authorized by the Planning Board, in any Agricultural and Rural Residence District R-R and Heavy Industrial District — I as a special exception under the conditions as set forth in the Use Schedule as provided:
[1]
No excavation, blasting or stock piling of materials shall be located within 50 feet of any public road or other property line.
[2]
No power-activated sorting machinery or equipment shall be located within 50 feet of any public road or other property line and all such machinery shall be equipped with satisfactory dust elimination devices.
[3]
All excavation slopes in excess of one to one shall be adequately fenced as determined by the Zoning Enforcement Officer.
(c)
Any area in excess of one acre, which has been stripped of topsoil, must be graded and planted to conform with the recommendation of Local Soil Conservation Service work Unit Conservationist.
G.
Salvage yards. (Site development plan required — Appendix B.[5])
[5]
Editor's Note: Appendix B is located at the end of this chapter.
H.
Mobile homes and mobile home parks.
(1)
Mobile homes. The following shall apply in addition to all other regulations of the Town in respect to mobile homes.
(a)
No single-wide mobile home shall be occupied in any district outside an approved mobile home court or an approved farm application as stated in Subsection H(1)(c) of this section.
[Amended 6-20-2005 by L.L. No. 4-2005]
(b)
As an exception to Subsection H(1)(a) above, a permit may be issued for parking and occupying a mobile home on land owned by the occupant or occupants, during the construction of a house thereon for a period not exceeding 180 days and shall be renewable for an additional period not exceeding 180 days. However, if material progress with house construction is not made within 45 days from issuance of permit or construction work ceases for a consecutive period of 45 days, such permit shall become void.
(c)
In an R-R Zone, a permit may be issued the owner of agricultural land as such term is defined herein of 10 acres or more (see Local Law No. 2 of the Year 1991[6]) to place or park no more than two mobile homes on such lands for his own occupancy or his employee's occupancy, provided the provisions are maintained for the zone. Any permit issued under the subdivision shall be limited to period of time the subject premises are utilized for agricultural purposes.
[Amended 5-13-1991 by L.L. No. 1-1991; 2-8-1993 by L.L. No. 2-1993]
[6]
Editor's Note: Local Law No. 2-1991 added the definition of “agriculture” to Appendix A. Said definition was subsequently amended by L.L. No. 7-2005.
(d)
Existing single-wide mobile homes meeting the definition shall be allowed to upgrade or be replaced at the same location of existing unit with minor site changes, i.e., concrete pad, skirting, fencing, etc. Such replacement shall not be more than 20 years older than the date of application for replacement. Units being replaced or upgraded shall be completely removed from the property and disposed of properly. Approvals of the replacement or upgrades shall be by the Planning Board and Zoning Officer.
[Added 6-20-2005 by L.L. No. 4-2005]
(e)
Existing single-wide mobile homes not replaced or left abandoned for a period of one-year shall be removed by the owner and not replaced. One year shall be determined by the Zoning Enforcement Officer or the Planning Board, or both.
[Added 6-20-2005 by L.L. No. 4-2005]
(2)
Recreational vehicles.
[Amended 6-20-2005 by L.L. No. 4-2005]
(a)
Recreational vehicles shall only be allowed in approved RV parks or approved mobile home parks. As an exception to this see Subsection H(2)(b) below.
(b)
One recreational vehicle may be stored on the property owner's own property for their own personal use. Properties with more than two RVs there for more than two weeks shall be in violation of the chapter and shall cease. Permits may be obtained from the Zoning Enforcement Officer for RVs wanting to remain longer at a location but in no instance shall this be longer than six months consecutive. Such permit shall not be reissued for six months following the ending date of the last permit. Permits to be issued for this purpose shall be at the sole discretion of the Zoning Enforcement Officer who will give various considerations prior to issuing the permit, such as zone, location, neighborhood responsibility, visibility and safety.
(c)
Recreational vehicles parked on property that is not owned by the RV's registered owner for more than two weeks shall comply with the permit section in Subsection (H)(2)(b) above.
(d)
Fees for the permit shall be set by the Town Board and stated in the fee schedule.
[Amended 5-15-2012 by L.L. No. 2-2012; 7-9-2012 by L.L. No. 4-2012]
(e)
Penalties. Violation of this chapter as determined by the Zoning Enforcement Officer shall be $150 per day, per RV from the day of the issuance of a violation order to remedy from the Town or Zoning Enforcement Officer. Such violation shall be made out to the property owner on which the violation occurs.
(3)
Mobile home parks. (Site development plan required — Appendix B.[7]) The following shall apply in addition to all other regulations of the Town in respect to mobile home parks:
(a)
For authorization a mobile home park shall have an area of not less than 10 acres, and no mobile home lot or office or service building shall be closer to a street or road or other property line than 100 feet.
(b)
In any other district where allowable, no mobile home lot or office or service building shall be closer to any street or road or other property line than 50 feet.
(c)
In whatever district located, a mobile home park shall conform to the following additional requirements:
[1]
The margins along the side and rear property lines shall be densely planted to trees and shrubs for a depth of not less than 25 feet.
[2]
Individual mobile home lots shall have an area of not less than 6,000 square feet.
[3]
Each mobile home lot shall have attachments for waste disposal and water supply and the waste disposal and water supply facilities shall be properly connected to Town sewer and water system, or other equivalent method of sewage disposal and water supply properly installed and approved by the proper health authorities.
[4]
The owner or operator of the mobile home park shall maintain a register of all mobile homes parked therein, showing times of arrival and departure and the names of the occupants, and such registry shall be available for public inspection.
[7]
Editor's Note: Appendix B is included as an attachment to this chapter.
I.
Utility-scale solar energy systems or solar farms to regulate solar energy systems.
[Added 3-13-2017 by L.L. No. 1-2017]
(1)
Purpose and intent.
(a)
The Town of Cobleskill recognizes that solar energy is clean, readily available, and a renewable energy source. It further recognizes that energy generated from solar energy systems can be used to offset energy demand on the grid where excess solar power is generated.
(b)
The Town of Cobleskill has determined that comprehensive regulations regarding the development of solar energy systems are necessary to protect the interests of the Town, its residents, and its businesses. This Subsection I aims to accommodate utility-scale solar energy systems or solar farms while reducing negative impacts on neighbors and preserving the rights of property owners to install solar energy systems. This Subsection I is intended to promote the effective and efficient use of solar energy resources; set provisions for the placement, design, construction, and operation of such systems consistent with the Town of Cobleskill Master Plan; to uphold the public health, safety, and welfare; and to ensure that such systems will not have a significant adverse impact on the environment, or the aesthetic qualities and character of the Town.
(c)
Intent; greater restrictions to prevail. It is not intended by this Subsection I to repeal, except as herein stated, abrogate or impair existing conditions previously made or permits previously issued relating to the use of buildings or premises or to impair or interfere with any easements, covenants or agreements existing between parties. Except as otherwise provided herein, whenever this Subsection I imposes a greater restriction upon the use of buildings or premises than is required by existing provisions of the law, ordinance, regulations, or permits or by such easements, covenants or agreements, the provisions of this Subsection I shall control.
(d)
Real Property Tax Law, § 487. The applicant for a utility-scale solar energy system or solar farm shall enter into an agreement for a payment in lieu of taxes (PILOT). The Town of Cobleskill opted out of the tax exemption provisions of Real Property Tax Law, § 487, pursuant to the authority granted by Paragraph 8 of that law so as to enter into a host community agreement with any applicant to compensate the Town for expense and/or impacts on the community.
(2)
Definitions. The following terms shall have the meanings indicated. The definitions contained in Article II, § 140-6 of the Code of the Town of Cobleskill shall also apply.
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM
A combination of photovoltaic building components integrated into any building envelope system such as vertical facades including glass and other facade material, semitransparent skylight systems, roofing materials, and shading over windows.
BUILDING-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system that is affixed to the roof or side(s) of a building or other structure either directly or by means of support structures or other mounting devices. Solar energy systems constructed over a parking lot are considered building-mounted solar energy systems.
FREESTANDING OR GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system that is affixed to the ground either directly or by supporting structures or other mounting devices and that is not attached or affixed to an existing structure. Pole-mounted solar energy systems shall be considered freestanding or ground-mounted solar energy systems for the purposes of this Subsection I.
NET-METERING
A billing arrangement that allows solar customers to get credit for excess electricity that they generate and deliver back to the grid so that they can only pay for their net electricity usage at the end of the month.
REFLECTOR-SOLAR
A device for which the sole purpose is to increase the solar radiation received by a solar collector.
SMALL-SCALE SOLAR ENERGY SYSTEM
Any solar energy system that cumulatively on a lot meets all of the following provisions:
(a)
Is an accessory use or structure, designed and intended to generate energy primarily for a principal use located on site.
(b)
Produces up to 30 kilowatts (kW) per hour of energy or solar-thermal systems which serve the building to which they are attached, and do not provide energy for any other building beyond the lot. Small-scale solar energy systems located on a farm operation (as per Agriculture and Markets Law § 301(11), definition of that term) and located in a New York State Agricultural District can produce up to 110% of the farm's needs as per the Department of Agriculture and Markets guidance document.
SOLAR ACCESS
Space open to the sun and clear of overhangs or shade, including the orientation of streets and lots to the sun, so as to permit the use of a solar energy system on individual properties.
SOLAR ARRAY
A group of multiple solar panels or modules linked into a single unit for the purpose of harvesting solar energy.
SOLAR COLLECTOR
A solar or photovoltaic cell, plate, panel, film, array, reflector, or other structure affixed to the ground, a building, or other structure that harnesses solar radiation to directly or indirectly generate thermal, chemical, electrical, or other usable energy, or that reflects or concentrates solar radiation to a solar or photovoltaic cell, plate, panel, film, array, reflector, or other structure that directly or indirectly generates thermal, chemical, electrical, or other usable energy.
SOLAR ENERGY SYSTEM
A complete system intended for the collection, inversion, storage and/or distribution of solar energy and that directly or indirectly generates thermal, chemical, electrical, or other usable energy. A solar energy system consists of, but is not limited to, solar collectors, mounting devices or structures, generators/turbines, water and energy storage and distribution systems, storage, maintenance and/or other accessory buildings, inverters, combiners boxes, meters, transformers, and all other mechanical structures.
SOLAR PANEL
A device for the direct conversion of solar energy into electricity.
SOLAR SKYSPACE
The space between a solar collector and the sun through which solar radiation passes.
SOLAR THERMAL SYSTEM
A system that directly heats water or other liquid using sunlight.
UTILITY-SCALE SOLAR ENERGY SYSTEM OR SOLAR FARM
Energy generation facility or area of land principally used to convert solar energy to electricity, whether by photovoltaics, concentrating solar thermal devices or various experimental solar technologies, designed and intended to supply energy solely into a utility grid for sale to the general public.
(3)
Applicability.
(a)
The requirements of this Subsection I shall apply to all solar energy systems and equipment installations modified or installed after the effective date of this Subsection I.
(b)
Solar energy system installations for which a valid building permit has been issued or, if no building permit is presently required, for which installation has commenced before the effective date of this Subsection I shall not be required to meet the requirements of this Subsection I.
(c)
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 Building Code.
(4)
Requirements for small-scale solar energy systems.
(a)
No small-scale solar energy system shall be installed or operated in the Town except in compliance with this Subsection I.
(b)
The installation of a solar collector or solar panel over one kilowatt (kW) per hour of energy, whether attached to the main structure, an accessory structure, or as a detached freestanding or ground-mounted solar energy system are permitted as an accessory structure, shall meet all requirements of this Subsection I(4), and shall require a building permit.
(c)
All solar collectors and related equipment shall be surfaced, designed, and sited as not to reflect glare onto adjacent properties and roadways to the extent feasible.
(d)
Setbacks for small-scale solar energy system by district. Solar collectors or solar panels are subject to the minimum accessory setbacks, and other dimensions for whatever zoning district in which they are proposed to be installed as required in Appendix C.[8]
[8]
Editor's Note: Appendix C is included as an attachment to this chapter.
(e)
Height limits for small-scale solar energy systems mounted on buildings shall be five feet above the level of the permitted building height.
(f)
All small-scale solar energy systems and their associated support elements shall, at the time of installation, be designed according to generally accepted engineering practice to withstand snow loads and wind pressures applied to exposed areas by snow or wind from any direction, to minimize the migration of light or sound from the installation and to minimize the migration of light or sound from the installation and to minimize the development of sight obstructions for adjacent structures or land parcels.
(g)
Building-integrated photovoltaic systems that are integrated directly into building materials, such as roof shingles, and that are a permanent and integral part of and not mounted on the building or structure are exempt from the requirements of this Subsection I. However, all applicable building codes shall be met and necessary permits obtained. The Code Enforcement Officer may request assistance from the Planning Board to determine whether a solar energy system should be considered exempt or not.
(h)
In order to ensure firefighter and other emergency responder safety, except in the case when solar collectors and solar panels are installed on an accessory structure less than 1,000 square feet in area, all building-mounted solar energy systems shall comply with the New York State Uniform Fire Prevention and Building Code (the "State Code") to insure firefighter and other emergency responder safety and access.
(i)
Building-mounted solar energy systems shall incorporate, when feasible, the following design requirements: panels facing the front yard must be mounted at the same angle as the roof's surface with a maximum distance of 18 inches between the roof and highest edge of the system.
(j)
Freestanding or ground-mounted solar energy systems are permitted as accessory structures in all zoning districts of the Town subject to the requirements of Appendix C.[9]
[1]
Freestanding or ground-mounted solar energy systems shall be screened as much as possible and practicable from adjoining lots and street rights-of-way through the use of architectural features, earth berms, landscaping, fencing or other screening which will harmonize with the character of the property and surrounding area. The proposed screening shall not, however, interfere with normal operation of the solar energy systems. The Code Enforcement Officer may request assistance from the Planning Board to determine whether a solar energy system should be considered exempt or not.
[2]
The total surface areas of all freestanding or ground-mounted solar energy systems shall not exceed the area of the ground covered by the building structure of the largest building on the lot measured from the exterior walls, not including patios and decks.
[3]
Freestanding or ground-mounted solar energy systems shall not exceed 21 feet when oriented at maximum tilt.
[4]
All such systems in residential districts shall be installed in the side and rear yards.
[9]
Editor's Note: Appendix C is included as an attachment to this chapter.
(5)
Utility-scale solar energy systems or solar farms.
(a)
Applicability.
[1]
Any utility-scale solar energy system or solar farm erected, constructed, modified, or operated in the Town of Cobleskill after the effective date of this Subsection I shall be in compliance with this Subsection I.
[2]
A special use permit and site plan review by the Planning Board shall be required for all utility-scale solar energy systems or solar farms.
(b)
Applications, permits and approvals required and applicable zoning districts.
[1]
All applications for utility-scale solar energy systems or solar farms shall be accompanied by an application for special use permit and site plan review, and all applicable fees as may be established by the Town Board. Both site plan and special use permit reviews and approvals are required. The Planning Board shall, however, concurrently review the site plan and special use permit applications.
[2]
All applications for utility-scale solar energy systems or solar farms shall include the following:
[a]
If the property of the proposed project is to be leased, legal consent between all parties, specifying use(s) of the land for the duration of the project, including easements and other arrangements, shall be submitted;
[i]
No transfer, sale, assignment or amendment of the lease by the original lessee shall be effective unless first approved by the Town of Cobleskill.
[Added 8-9-2021 by L.L. No. 5-2021]
[b]
Plans and drawings of the solar energy system signed by a professional engineer or architect registered in New York State showing the proposed layout of the entire solar energy system along with a description of all components, whether on-site or off-site, existing vegetation, and proposed clearing and grading of all sites involved. Clearing and/or grading activities are subject to review by the Planning Board and shall not commence until the issuance of site plan and special use permit approval;
[c]
An electrical diagram detailing the solar energy system installation, associated components, and electrical interconnection methods, with all disconnects and over current devices identified;
[d]
The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed;
[e]
Documentation of access to the project site(s), including location of all access roads, gates, parking areas, etc., as per the Town of Cobleskill's Highway Superintendent specifications;
[f]
Plan for clearing and/or grading the site;
[g]
A stormwater pollution prevention plan (SWPPP) as per New York State Department of Environmental Conservation requirements to detail stormwater runoff management and erosion control plans for the site will need to be completed by the applicant prior to construction;
[h]
Documentation of utility notification, including electric service order number;
[i]
Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming. A two-foot-by-two-foot minimum sign, unless other size determined by the Code Enforcement Officer, must be posted with emergency contact information and phone number;
[j]
A decommissioning plan shall be submitted as part of the application. Compliance with this plan shall be made a condition of the issuance of a site plan and special use permit under this Subsection I. The decommissioning plan must specify that after the utility-scale solar energy system or solar farm can no longer be used, it shall be removed by the applicant or any subsequent owner. The plan shall demonstrate how the removal of all infrastructure and the remediation of soil and vegetation shall be conducted to return the parcel to its original state prior to construction. The plan shall also include an expected timeline for execution. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a professional engineer or contractor. Cost estimations shall take into account inflation. Removal of utility-scale solar energy systems or solar farms must be completed in accordance with the decommissioning plan. If utility-scale solar energy systems or solar farms are not decommissioned after being considered abandoned, the Town of Cobleskill may remove the system and restore the property and may impose a lien on the property to cover these costs to the Town of Cobleskill;
[k]
The Town of Cobleskill shall require any applicant to pay all associated costs for any application review, including but not limited to engineering, legal, environmental, planning and the review required under SEQRA to the Town of Cobleskill Town Clerk. When the Planning Board determines that a review will require engineering, legal, environmental, or planning costs, it shall provide an estimate to the applicant. Subsequently, such payment shall be made prior to commencement of any further Planning Board review;
[l]
Photo simulations shall be included showing the proposed solar energy system in relation to the building/site along with elevation views and dimensions, and manufacturer's specs and photos of the proposed solar energy system, solar collectors, and all other components;
[m]
Part I of the full environmental assessment form to be filled out;
[n]
Details of the proposed noise that may be generated by inverter fans. The Planning Board may require a noise analysis to determine potential adverse noise impacts to ensure the noise levels are in compliance with the Town of Cobleskill's Noise Ordinance; and
[o]
Any other documentation deemed necessary by the Planning Board during its review process.
(c)
General provisions for utility-scale solar energy systems or solar farms. All applications for utility-scale solar energy systems or solar farms shall be in accordance with the following:
[1]
All utility-scale solar energy systems or solar farms shall adhere to all applicable New York State Building Codes.
[2]
Development and operation of solar energy systems shall not have a significant adverse impact on fish, wildlife, or plant species or their critical habitats, or other significant habitats identified by the Town of Cobleskill or other federal or state regulatory agencies. Applicants shall describe how the proposed utility-scale solar energy system or solar farm shall avoid or mitigate adverse impacts to these resources. Lands which have the highest ecological values as evidenced by large, contiguous areas of forest, undisturbed drainage areas, wetlands, or New York State Department of Environmental Conservation-identified critical habitats or rare plant and animal populations shall be avoided.
[3]
The location of utility-scale solar energy systems or solar farms shall comply with the setback requirements for principal buildings, as described in Appendix C[10] to buffer between any component of the utility-scale solar energy system or solar farm and the parcel boundary line, with the width determined by the Planning Board after analysis of site conditions and adjacent land uses.
[10]
Editor's Note: Appendix C is included as an attachment to this chapter.
[4]
Any site containing a utility-scale solar energy system or solar farm may be required to enclose the area with a perimeter fencing to restrict unauthorized access at a height of eight feet. Such fencing shall be wildlife friendly by including gaps of five inches by 12 inches at ground level every 75 feet along the perimeter to allow small animals unencumbered access in and out of the parcel. The fencing and the system may be further screened by any landscaping needed to avoid adverse aesthetic impacts.
[5]
Previously cleared or disturbed areas are preferred locations for solar panel arrays. The clearing of additional lands to accommodate a proposed utility-scale solar energy system or solar farm may be permitted, provided the percentage of newly cleared land on any parcel does not exceed 30% of the existing woodlands on that parcel.
[6]
When proposed on an active farm within the New York State Certified Agricultural District in the Town of Cobleskill, a utility-scale solar energy system or solar farm may occupy up to 20% of any farmed parcel.
[7]
Native grasses, vegetation or geofabric with crusher run and no topsoil or other configuration, as determined by the Planning Board, shall be maintained below the solar arrays.
[8]
The solar energy system, including any proposed off-site infrastructure, shall be located and screened in such a way as to avoid or minimize visual impacts as viewed from existing residential dwellings located on contiguous parcels by utilization of a berm, landscape screen, or other opaque enclosure, or any combination thereof acceptable to the Town of Cobleskill Planning Board and capable of screening the site.
[9]
The design, construction, operation and maintenance of any solar energy system shall prevent the misdirection and/or reflection of solar rays onto neighboring properties, public roads and public parks in excess of that which already exists to the fullest extent possible.
[10]
All structures and devices used to support solar collectors or solar panels shall be nonreflective and/or painted a subtle or earth-tone color to aid in blending the facility into the existing environment.
[11]
All transmission lines and wiring with a solar energy system shall be buried and include necessary encasements in accordance with the National Electric Code and Town of Cobleskill requirements. The Planning Board may recommend waiving this requirement if sufficient engineering data is submitted by the applicant to demonstrate that underground transmission lines are not feasible or practical. The applicant is required to show locations of all proposed overhead and underground electric utility lines, including substations and junction boxes and other electrical components for the project on the site plan. All transmission lines and electrical wiring shall be in compliance with the utility company's requirements for interconnection.
[12]
Artificial lighting of solar energy systems shall be limited to lighting required for safety and operational purposes and shall be shielded from all neighboring properties and public roads and shall be in compliance with the Town of Cobleskill's lighting regulations.
[13]
Any signage used to advertise the solar energy facility shall be in accordance with the Town of Cobleskill's sign regulations. The manufacturers or installer's identification and appropriate warning signage shall be posted at the site and clearly visible.
[14]
The average height of the solar panel array shall not exceed 21 feet. Due to the need to keep the solar skyspace for solar energy systems free from obstructions, the Planning Board may recommend modifying the landscaping requirements on an adjacent parcel when it is subject to a site plan or special use permit request to ensure that any landscaping proposed there is low-growth vegetation that will not obstruct the solar skyspace at mature height.
[15]
Following construction of a utility-scale solar energy system or solar farm, all disturbed areas where soil has been exposed shall be reseeded with grass and/or planted with low-level vegetation capable of preventing soil erosion and airborne dust.
[16]
Special use permits and site plan approvals granted for utility-scale solar energy systems or solar farms shall be assignable or transferable to future landowners of that system on the approved parcel so long as they are in full compliance with this Subsection I and all conditions, and the Code Enforcement Officer is notified of the property transfer at least 30 days prior thereto.
[17]
Any post-construction changes or alterations to the solar energy system shall be done by amendment to the special use permit only and subject to the requirements of this Subsection I.
[18]
After completion of a utility-scale solar energy system or solar farm, the applicant shall provide a post-construction certification from a professional engineer registered in New York State that the project complies with applicable codes and industry practices and has been constructed and is operating according to the design plans. The applicant shall further provide certification from the utility that the facility has been inspected and connected.
[19]
Prior to the issuance of any building permit for construction, the Town shall require the issuance of a performance bond or other security.
(6)
Decommission of utility-scale solar energy systems or solar farms.
(a)
Decommissioning shall include removal of all energy facilities, structures and equipment, including any subsurface wires and footings from the parcel. Any access roads created for building or maintaining the system shall also be removed and replanted with vegetation.
(b)
Full restoration of the parcel is required unless restoration is unnecessary because the parcel is to be put into active agricultural use or approved for other development in accordance with the Town of Cobleskill Zoning Law[11] within that twelve-month period.
[11]
Editor's Note: See Ch. 125, Zoning.
(c)
All safety hazards created by the installation and operation of the solar energy system shall be eliminated and the site restored to its preexisting condition within six months of the removal of the solar energy system.
(d)
Decommissioning bond or fund. The applicant, or successors, shall continuously maintain an escrow account of funds to be held by the Town, or bond payable to the Town, for the removal of all energy facilities, structures and equipment, including any subsurface wires and footings from the parcel, in an amount to be determined by the Town Board upon recommendation from the Town Engineer. The escrow account or bond shall be an amount equal to 150% of the decommissioning and reclamation costs for the entire system. The escrow account or bond must remain valid until all decommissioning obligations have been met.
(7)
Enforcement. Any violation of this solar energy subsection shall be subject to the same civil and criminal penalties provided for in the zoning regulations of the Town of Cobleskill.
(8)
Appeals. If an individual is found to be in violation of the provisions of this Subsection I, appeals should be made in accordance with the established procedures of the Town of Cobleskill Code.
(9)
Severability. The invalidity or unforceability of any section, subsection, paragraph, sentence, clause, provision or phrase of the aforementioned sections as declared by the valid judgment of any court or competent jurisdiction to be unconstitutional shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision or phrase, which shall remain in full force and effect.
§ 140-14 Supplementary regulations for accessory uses.
A.
Private swimming pool as an accessory use. A private swimming pool installed or maintained as an accessory use in a residential district shall meet the following requirements:
(1)
It shall be used only as an accessory use to a dwelling or to a special permit use in a residence district for the private use of the owner or occupant of such dwelling or building and his or her family, guests, or employees.
(2)
Security fencing.
[Amended 9-13-2004 by L.L. No. 5-2004]
(a)
Any in-ground facility, including pool, hot tub, or spa with less than a forty-eight-inch side barrier shall be completely enclosed by a security fence not less than four feet in height. All gates or doors opening through such enclosure equipped with self-closing and self-latching devices designed to keep and capable of keeping such gates or doors securely closed at all times when not in use, of a type approved by the Zoning Enforcement Officer. Openings in the barrier shall not allow passage of a four-inch diameter sphere.
(b)
An aboveground pool: minimum 48 inches in height, where the pool structure is used as a barrier or where the barrier is mounted on top of the pool structure and the means of access is a ladder or steps, then the ladder or steps shall be capable of being secured, locked or removed to prevent access or the ladder or steps shall be surrounded by a barrier which meets the in-ground pool requirements. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a four-inch diameter sphere.
(c)
Any above or in-ground hot tub and/or spa equipped with a lockable cover does not require security fencing.
(3)
Such pool shall be maintained in a manner sufficient to meet the bacterial standards established by the provisions of the New York State Sanitary Code relating to public swimming pools.
(4)
Such pool shall be equipped with an integral filtration system and filter pumps or other mechanical devices which shall be so located and constructed as not to interfere with the peace, comfort, and repose of the occupant of any adjoining property.
B.
Storage of flammable liquids. The storage of alcohol, gasoline, crude oil or any other highly flammable liquid in aboveground tanks with unit capacity greater than 550 gallons shall be prohibited in all districts unless such tanks up to and including the 10,000 gallon capacity are placed not less than 50 feet from all property lines and unless all such tanks of more than 10,000 gallon capacity are placed not less than 100 feet from all property lines. All tanks having a capacity greater than 550 gallons shall be properly dyked with dykes having a capacity not less than 1 1/2 times the capacity of the tank or tanks surrounded.
C.
Solar considerations.
(1)
Provisions for the accommodation of solar energy systems and equipment, and access to sunlight necessary will be considered so far as conditions may permit.
(2)
Zoning district requirement shall be adhered to in all solar considerations as per Appendix C.[1]
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.
D.
Home occupation.
[Added 3-11-2002 by L.L. No. 2-2002]
(1)
The Town of Cobleskill recognizes the need to nurture and encourage home-based business and to grow its local economy. Home-based businesses represent a strong potential for our economy. These types of businesses also provide alternative incomes for families. Because some home-based businesses may require additional services and infrastructure and there may be negative impacts on traffic, signage, noise and other qualities, the Town desires to set specific performance criteria and review criteria for home-based businesses. Home occupations are allowed in all zones listed in the Use Schedule (Appendix C[2]). For review of home occupation, a home occupation application must be obtained from the Town Clerk's office then submitted to the Zoning Officer for review. If determined by the Zoning Officer to be a home occupation, as described in the written requirements and standards, the officer shall submit the completed application to the Planning Board Secretary for Planning Board review and approval.
[2]
Editor's Note: Appendix C is included as an attachment to this chapter.
(2)
Home occupations are subject to a home occupation permit, site development plan review, and in some instances a public hearing may be required.
(3)
The home occupation must be operated by the owner of the property. Proof of ownership may be requested by the showing of a tax bill, survey or deed.
(4)
No more than 500 square feet of floor area of the dwelling unit or 30% of the total floor area of the dwelling unit may be used in connection with a home occupation, which ever is less. Floor area requirements refer only to heated habitable rooms within the dwelling unit.
(5)
An existing accessory structure can be used for a home occupation, provided that there are no exterior modifications and that the use will not change the residential or agricultural character of the area.
(6)
The total number of home occupations conducted within the dwelling is not limited, except that the cumulative impact of all home occupations conducted shall not exceed the impact of a single, full-time home occupation (example: day care during the day with a bed-and-breakfast at night.)
(7)
Home occupations must meet all requirements of the zoning district in which it is located. In addition, the following standards are required:
(a)
Employees. A home occupation shall be incidental and secondary to the use of a residence or home. It shall be conducted in a manner which does not give the outward appearance of a business, does not infringe on the right of the neighboring property to enjoy the peaceful occupancy of their dwelling unit, and does not alter the character of the neighborhood. A home occupation may be conducted within a dwelling unit and/or within accessory structures. The home occupation is to be conducted with no more than two nonresident assistants or employees at any one time. (Day care for children shall be based on a case-by-case basis.)
(b)
Signs. Any signs used in conjunction with a home occupation shall meet the requirements of § 140-13C of the chapter, and shall not exceed five square feet. In addition, the sign shall be an unanimated, nonilluminated flat or window sign. The sign shall be permitted on the street front of the lot which the dwelling is located. A sample of the sign and location of the sign is required on the site plan if the sign is not located on or in the window of the dwelling.
(c)
Parking. Off-street parking shall be provided as required in § 140-13B of the chapter. No more than one vehicle larger than a passenger vehicle may be parked in a location visible from a public road or neighboring properties.
(d)
Traffic. Automobile and truck traffic generated shall not be excessive, considering both the character of the road on which the use is located and the volume of traffic that would otherwise be generated by a typical residential use.
(e)
Outside storage. There shall be no exterior storage of materials, equipment, vehicles, or other supplies used in conjunction with a home occupation, unless screened from the road and from other properties.
(f)
Nuisance. No offensive appearance, noise, vibration, smoke, electrical interference, dust, odors, or heat shall occur. The use of substances which may endanger public health or safety or which pollute the air or water are prohibited.
(g)
Fees. After meeting with the Zoning Officer and the determination is made that the proposed use is an allowable home occupation, a onetime application fee set by the Town Board and stated in the fee schedule (payable to the Town of Cobleskill) shall be made at the same time of the submittal of the completed application to the Planning Board Secretary. The site plan fee is waived for this application. Although, if it is determined that the Town may incur costs for review of this application, the applicant shall be responsible for those costs incurred for the review of the application.
[Amended 5-15-2012 by L.L. No. 2-2012; 7-9-2012 by L.L. No. 4-2012]
(h)
Validity. Once the application is approved, the owner has one year from the approval date to complete the requirements agreed upon and obtain a certificate of occupancy from the Zoning Enforcement Officer. The home occupation permit is nontransferable.
(i)
Expiration of approval. If the applicant does not get a certificate of occupancy within the one-year time as stated above, the approval is rescinded. Extensions may be granted if requested by the applicant in writing stating the exact completion date.
(j)
Required inspections. Before any certificate of occupancy is issued by the Zoning Enforcement Officer, all required inspections will take place. A building and zoning permit may be required if alterations are made to the interior, exterior, parking or signage. A Planning Board member may inspect the site for compliance purposes.
(k)
Waiver of information. The Planning Board may waive any requirements at the request of the applicant or as determined by the Planning Board not to be needed for review.
E.
Temporary storage units.
[Added 9-11-2006 by L.L. No. 2-2006]
(1)
Purpose and intent. The following regulation has been adopted to ensure that placement of temporary storage units, commonly known as "PODS" (portable on-demand storage), complies with the health, safety, and aesthetics objectives of the Town.
(2)
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
TEMPORARY STORAGE UNIT
Any container, storage unit, shed-like container, or other portable structure that can be or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building. An accessory building or shed complying with all building codes and land use requirements shall not be considered a temporary storage unit.
(3)
Permit application and fee. Prior to placing a temporary storage unit on a property, a person must submit an application and receive a permit from the Town Code Enforcement Officer. There is no permit fee. Applications are available from the Town Code Enforcement Officer.
(4)
Duration. Permits will be granted for a period of four months. The permit shall not be extended beyond 60 days. Exception: site plan showing rental space for PODS or site remodeling.
(5)
Location.
(a)
The temporary storage unit shall not be located in or impede the use of any shared parking area, loading area, aisle, or driveway.
(b)
The temporary storage unit shall not be located in any public right-of-way.
(c)
The temporary storage unit shall be placed in the least conspicuous location available to minimize disturbance to any adjoining residential properties.
(6)
Number of units. No more than two at any residential property at one time.
(7)
Other conditions.
(a)
The applicant, as well as the supplier, shall be responsible for ensuring that the temporary storage unit is maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing or other holes or breaks at all times.
(b)
No temporary storage unit shall be used to store illegal, harmful, hazardous material or for human occupancy. Upon reasonable notice to the applicant, the Town of Cobleskill may inspect the contents of any temporary storage unit at any reasonable time to ensure it is not being used to store said materials. At no time shall a temporary storage unit be used for any of these purposes or used for advertising purposes. Any lettering on the temporary storage unit shall be confined to a four-square-foot area.
(8)
Penalties for offenses. Any person who shall violate any provision of this subsection shall be guilty of a violation as defined in Article 10 of the Penal Law and shall, upon conviction, be subject to a fine of not more than $250 or imprisonment for not more than 15 days, or both such fine and imprisonment. Each week's continued violation shall constitute a separate and distinct offense.
(9)
Civil proceedings. Compliance with this subsection may also be compelled and violations restrained by order or by injunction of a court of competent jurisdiction. Any person who violates any provision of this chapter shall also be subject to a civil penalty of not more than $500, to be recovered by the Town in a civil action, and each week's continued violation shall be for this purpose a separate and distinct violation.
§ 140-14.1 Telecommunications facilities.
[Added 6-10-2019 by L.L. No. 3-2019]
A.
Legislative intent. The Town of Cobleskill recognizes the increased need and demand for wireless communications transmitting facilities, Often these facilities require the construction of a communications tower. The intent of this section is to protect the Town's interest in siting telecommunications facilities in a manner consistent with sound land use planning by:
(1)
Minimizing visual effects of facilities through careful design, siting and vegetative screening.
(2)
Avoiding potential damage to adjacent properties from tower failure through engineering and siting of tower structures.
(3)
Maximizing use of any existing towers, buildings and structures.
(4)
Allowing wireless service providers to meet their technological and service objectives for the benefit of the public.
B.
Approval of telecommunications facilities.
(1)
No telecommunications tower shall hereafter be used, erected, moved, reconstructed, changed or altered except after the granting of a special use permit by the Town Planning Board and in conformity with the provisions of this section. No existing structure shall be modified to serve as a telecommunications tower unless in conformity with this section.
(2)
Telecommunications towers and accessory facilities shall be permitted in any zoning district upon the issuance of a special use permit as provided in § 140-12 and the granting of preliminary and final site plan approval, in accordance with 140 Attachment 2, Appendix B, Site Development Plans.
(3)
In reviewing an application for a special use permit for a telecommunications tower, the Planning Board shall, at a minimum, require that the following criteria be met:
(a)
Approval of lease. On municipal or government owned property, a telecommunications facility shall be permitted upon execution of a lease with the municipality or government entity and upon the issuance of a building permit. For any property owned by the Town of Cobleskill, all leases shall be approved by a majority vote of the Town Board and shall address relevant issues of safety, height, aesthetics, setbacks, future expansions of the facility and co-location. A telecommunications facility on municipal or government-owned property shall not require review or approval from the Planning Board.
(b)
Site plan approval. A telecommunications facility which does not require the construction of a new tower shall be permitted upon site plan approval from the Planning Board in accordance with the standards set forth in Subsection C, Standards for site plan review, and upon the issuance of a building permit.
(c)
Expanded site plan approval. Where a new tower is required, a telecommunications facility shall be permitted upon expanded site plan approval from the Planning Board in accordance with the standards set forth in Subsection E, Standards for expanded site plan review, upon the issuance of a building permit.
C.
Standards for site plan review. The following standards, criteria and requirements shall apply to each site plan review by the Planning Board for a telecommunications facility:
(1)
Location. Preference shall be given that the proposed facility be located in a higher-use district or on higher-intensity-use property. Such preference, from most favorable to least favorable, is as follows:
(a)
Property with an existing structure suitable for co-location.
(b)
Industrial districts.
(c)
Commercial districts.
(d)
Business office/office park districts.
(e)
Municipal or government owned property.
(f)
Residential districts.
(2)
Safety. The applicant must comply with all applicable state and federal regulations, including, but not limited to, FAA and FCC regulations.
(3)
Height. Telecommunications facilities on buildings or structures shall be no higher than 60 feet from the ground, unless the applicant submits sufficient information to justify a greater height as the minimum necessary to achieve its coverage objectives.
(4)
Aesthetics.
(a)
The telecommunications facility shall be situated in a manner that minimizes its proximity and visibility to residential structures.
(b)
Every effort shall be made to camouflage the facility within or behind architectural features to limit its visibility from public ways and residential uses while still permitting the facility to perform its designated function.
(c)
Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette.
(d)
The facility shall blend in with existing building's architecture and, if over five square feet, shall be painted or shielded with material which is consistent with the design feature and material of the building.
(e)
The antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the colors of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(5)
Preference for municipal or government-owned sites. All telecommunications facilities erected, constructed or located within the Town shall comply with the following requirements:
(a)
A proposal for the facility shall not be approved unless the Planning Board finds that the antenna planned for the proposed facility cannot be accommodated on an existing structure located on municipal or government-owned property within a one-mile search radius of the proposed facility due to one or more of the following:
[1]
The antenna would exceed the structural capacity of the existing structure, as documented by a qualified professional engineer, and the municipality or government entity has refused to reinforce, modify or replace the structure to accommodate the planned or equivalent antenna.
[2]
The antenna would cause interference materially impacting the usability of other existing antennas at the structure, as documented by a qualified professional engineer, and the interference cannot be prevented at a reasonable cost.
[3]
Existing structures within the search radius cannot accommodate the antenna at a height necessary to function reasonably, as documented by a qualified professional engineer.
[4]
Other reasons that make it infeasible to locate the antenna upon an existing structure.
D.
Application materials and supporting documentation for site plan review. Each applicant for site plan approval from the Planning Board shall submit the following:
(1)
An environmental assessment form (long form) with the visual environmental assessment form (visual EAF) addendum.
(2)
A site plan prepared to scale and in sufficient detail and accuracy showing the following:
(a)
The exact location of the proposed telecommunications facility, together with any guy wires and guy anchors, if applicable.
(b)
The maximum height of the proposed telecommunications facility.
(c)
If applicable, a detail of tower type (monopole, guyed, freestanding or other).
(d)
If applicable, the location, type and intensity of any lighting on the tower.
(e)
Property boundaries and names of adjacent landowners.
(f)
Proof of landowner's consent, if the applicant does not own the property.
(g)
The location of all other structures on the property and all structures on any adjacent property within 100 feet of the property lines, together with the distance of those structures to any proposed telecommunications facility.
(h)
The location, nature and extent of any proposed fencing, landscaping and/or screening.
(i)
The location and nature of proposed utility easements and access roads, if applicable.
(3)
A written report certifying that the applicant has made substantial effort to locate on municipal or government property, including the following information:
(a)
The availability of any municipal or government property.
(b)
The extent to which the municipal or governmental properties do or do not meet the applicant's needs, supported by an engineer's certifications as set forth in Subsection C(5), Preference for municipal or government-owned sites.
(c)
The reason why the subject site was chosen.
(4)
A certification from a qualified licensed engineer that the telecommunications facility meets applicable structural safety standards.
(5)
A certification from a qualified licensed engineer that the telecommunications facility will not interfere with local radio and/or television frequencies or with public safety communications.
(6)
An engineering analysis of the radio emissions. The analysis shall be prepared and signed by a New York State licensed professional engineer specializing in electrical engineering with expertise in radio communications facilities. The results from the analysis must clearly show that the power density levels of the electromagnetic energy, including but not limited to nonionizing electrical radiation, generated from the proposed facility are within the allowable limits established by the FCC. If the telecommunications facility will be co-located with an existing facility, the cumulative effects of all facilities must also be analyzed. The power density analysis shall be based on the assumption that all co-located antennas are simultaneously transmitting radio energy at a power level equal to the maximum antenna power rating specified by the manufacturer.
(7)
A search ring prepared, signed and sealed by a qualified radio frequency engineer registered in New York State and overlaid on an appropriate background map demonstrating the area within which the wireless communications facility needs to be located in order to provide the proper signal strength and coverage to the target area.
(8)
An agreement, in writing, signed by the applicant and the owner of the property, stating that the applicant will remove the facility if it becomes obsolete or ceases to be used for its intended purpose for 12 consecutive months. The agreement shall state that if the facility is not removed after the twelve-month abandonment period after the Town has given 90 days' notice and an opportunity for a hearing to the applicant and the owner, the Town may remove the facility and may charge any costs plus 50% to the applicant.
E.
Standards for expanded site plan review. The following standards, criteria and requirements shall apply to each application for extended site plan approval by the Planning Board for a telecommunications facility:
(1)
Site plan review criteria. All the standards, criteria and requirements for site plan review shall apply for the review of an application for expanded site plan review.
(2)
Setbacks. All towers shall be set back from all adjacent property lines a sufficient distance to safeguard the general public and/or adjacent property. In the absence of any evidence supporting a greater or lesser setback distance, a setback of the tower from any adjacent property line equal to the tower height plus 10 feet and a front setback of at least 75 feet shall be deemed adequate. Accessory structures and guy anchors must comply with the minimum setback requirements of the underlying district.
(3)
Height. The height regulations otherwise applicable in the underlying district shall not apply to towers, provided that the applicant submits sufficient information to justify the proposed height as the minimum necessary to achieve its coverage objectives.
(4)
Aesthetics. Telecommunications facilities shall be located and buffered to the maximum extent practical and technologically feasible to help ensure compatibility with surrounding land uses. In order to minimize adverse aesthetic effects on neighboring residences to the extent possible, the Planning Board may impose reasonable conditions on the applicant, including the following:
(a)
The Planning Board may require reasonable landscaping consisting of trees or shrubs to screen the base of the tower and accessory structures to the extent possible from adjacent residential property. Existing on-site trees and vegetation shall be preserved to the maximum extent possible.
(b)
The Planning Board may require that the tower be designed and sited so as to avoid, if possible, application of Federal Aviation Administration (FAA) lighting and painting requirements, it being generally understood that the tower should not be artificially lighted, except as required by the FAA.
(c)
The tower shall be either blue or gray in color, have a galvanized finish or be colored appropriately so that the tower is as unobtrusive as possible, unless otherwise required by the FAA. Accessory facilities should maximize use of building materials, colors and textures designed to blend with the natural surroundings.
(d)
No tower shall contain any signs except signs displaying contact information and safety instructions. Such signs shall not exceed five square feet in surface area.
(5)
Co-location requirements. All towers erected, constructed or located within the Town shall comply with the following requirements:
(a)
A proposal for a tower shall not be approved unless the Planning Board finds that the antenna planned for the proposed tower cannot be accommodated on an existing tower or structure within a one-mile search radius of the proposed tower due to one or more of the following:
[1]
The antenna would exceed the structural capacity of the existing tower or structure, as documented by a qualified professional engineer, and the existing tower or structure cannot be reinforced, modified or replaced to accommodate the planned or equivalent antenna at a reasonable cost.
[2]
The antenna would cause interference materially impacting the usability of other existing antenna at the tower or structure, as documented by a qualified professional engineer, and the interference cannot be prevented at a reasonable cost.
[3]
Existing towers or structures within the search radius cannot accommodate the antenna at a height necessary to function reasonably, as documented by a qualified professional engineer.
[4]
Other reasons that make it infeasible to locate the antenna upon an existing tower or structure.
(b)
Any proposed tower shall be designed structurally, electrically and in all respects to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or for at least one additional user if the tower is over 60 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying height.
F.
Application materials and supporting documentation for expanded site plan review. Each applicant for expanded site plan review from the Planning Board shall submit the following:
(1)
All application materials and supporting documentation required for a site plan review of a telecommunications facility.
(2)
A written report inventorying existing towers and/or structures within a reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities as an alternative to a proposed new structure. The applicant shall submit documentation demonstrating good faith efforts to secure shared use on existing towers and structures as well as documentation of the technical, physical and/or financial reasons why shared use is not proposed, as set forth in Subsection E(5)(a). Written requests for shared use shall be provided where applicable.
(3)
A written agreement stating that the applicant is committed to co-location of telecommunications facilities and that the applicant will negotiate in good faith for shared use of the proposed tower in the future. The applicant shall also agree to the following:
(a)
To respond in a timely, comprehensive manner to a request for information from a potential shared use applicant.
(b)
To negotiate in good faith concerning future requests for shared use of the new tower.
(c)
To allow shared use of the new tower if another applicant agrees, in writing, to pay charges.
(d)
To make no more than a reasonable charge for shared usage based on generally accepted accounting principles.
G.
Technical consultants. The Planning Board may retain technical consultants as it deems necessary to provide assistance reviewing the site plan or expanded site plan application. The applicant shall bear the reasonable costs associated with such consultation, which costs shall be assessed as an application fee. In no case shall the fee be more than 5% of the total project cost as determined for building permit fee assessment purposes.
H.
Procedural requirements.
(1)
Public notice. The applicant shall notify adjacent property owners within 500 feet, by first-class mail, of the filing of any application for site plan and expanded site plan review.
(2)
Public hearing. The Planning Board shall conduct a public hearing within 62 days from the day an application is received for either site plan or expanded site plan review. The applicant shall notify adjacent property owners within 500 feet, by first-class mail, of the public hearing. Said notices must be mailed at least 10 days prior to the public hearing. All notice requirements of New York State General Town Law § 274-b shall be complied with.
(3)
Decision. The Planning Board shall issue a decision within 30 days after the hearing. The time within which the Planning Board must render its written decision may be extended by mutual consent of the applicant and the Planning Board. Any denials by the Planning Board shall be in writing and supported by substantial evidence.
I.
Monitoring.
(1)
Nonionizing electrical radiation. The applicant shall ensure and shall demonstrate to the approving authority that emissions of nonionizing electrical radiation (NIER) are in compliance with standards established by the FCC or any subsequent superseding standards. If at any time during the operation of the wireless communications facility or attached wireless communications facility the radio frequency emissions are not in compliance with standards established by the FCC, the operator shall immediately notify the Town and immediately terminate the operation of the facility. Before resuming operation, the operator shall explain to the approving authority the cause of the failure to comply with radio frequency emissions standards established by the FCC and demonstrate to the approving authority all measures taken to prevent such noncompliance in the future.
(2)
The owner and/or user of the wireless communications facility or attached wireless telecommunications facility, after construction thereof, shall annually submit a report, to the Town Engineer, prepared by a qualified professional engineer or engineers. Such report shall provide an analysis of the nonionizing electrical radiation emitted by the facility and shall be accompanied by sufficient underlying data so that the analysis can be reviewed for accuracy and completeness by a person expert in the field. After receiving the recommendation of the Town Engineer, the approving authority may refer the report for professional review at the owner's expense. If the owner and/or user demonstrate that an acceptable comparable report is routinely made to another agency in satisfactory intervals, the approving authority may authorize the submission of such comparable report to the Town Engineer, in lieu of the annual report required above.
(3)
Future review by Planning Board. The Planning Board shall review any site plan or expanded site plan approval at five-year intervals to determine whether the technology in the provision of telecommunications has changed such that the necessity for the approval has been eliminated or modified, and whether the approval should be modified or terminated as a result of such change.
J.
Exemptions. The following types of telecommunications facilities are not subject to the provisions of this section:
(1)
Antennas used solely for residential household television and radio reception.
(2)
Satellite antennas measuring two meters or less in diameter and located in commercial districts and satellite antennas one meter or less in diameter, regardless of location.
K.
Effect of law on existing telecommunications facilities. Telecommunications facilities in existence that do not conform to or comply with this section are subject to the following provisions:
(1)
Telecommunications facilities may continue in use for the purpose now used and as now existing but may not be replaced or structurally altered without complying in all respects with this section.
(2)
If such facility is hereafter damaged or destroyed due to any reason or cause whatsoever, the facility may be replaced or restored to its former use, location and physical dimensions without complying with this section; provided, however, that if the cost of repairing the facility to the former use, physical dimensions and location would be 10% or more of the cost of a new facility of like kind and quality, then the facility may not be repaired or restored except in full compliance with this section.
L.
Interpretation; conflict with other laws. In their interpretation and application, the provisions of this section shall be held to be minimum requirements adopted for the promotion of the public health, safety and general welfare of the residents of the Town of Cobleskill. This section is not intended to interfere with, abrogate or annul other rules, regulations or ordinances, provided that whenever the requirements of this section are at variance with the requirements of any other lawfully adopted regulations, rules or ordinances, the most restrictive, or those that impose the highest standards, shall govern.
§ 140-14.2 Parabolic or dish-type antennas.
[Added 6-10-2019 by L.L. No. 3-2019]
A.
No parabolic or dish-type antenna shall be erected, constructed, altered or maintained on any lot within the Town without complying with the terms of this section.
B.
All parabolic or dish-type antennas located outside of a building shall meet the following requirements:
(1)
The maximum number permitted per lot, project site in the case of garden apartments, condominiums or similar types of complexes shall be one.
(2)
All antennas shall be constructed so that the total height of the antenna is no higher than four feet above the base of its mounting point. In addition, in the case of masts, masts shall not exceed 10 feet without first obtaining a special use permit, subject to the requirements of § 140-12.
(3)
The maximum diameter shall be 12 inches. Any dish exceeding 12 inches shall require a special use permit, as outlined in § 140-12.
(4)
Parabolic and dish-type antennas are not permitted to be mounted on the front facade of a structure.
(5)
No antenna may be located upon any lot except the lot upon which the building to be served is located.
(6)
No antenna may be located upon any trailer or portable device or vehicle except for demonstration purposes not exceeding 15 days.
(7)
No antenna shall be operated so as to create any sound, disturbance or other effect which is audible or can be sensed at any point beyond the lot lines upon which it is located.
(8)
No antenna shall be constructed upon any lot by any tenant or lessee without the written consent of all of the owners thereof.
C.
Construction to meet requirements. No parabolic or dish-type antenna shall be made operational in the Town until the Code Enforcement Officer shall certify, in writing, that the construction plans meet the requirements of this section, a permit is issued and that the final construction thereof meets the requirements of this section.