Gardiner City Zoning Code

The following projections into required yards shall be permitted:

Carport. An open or enclosed carport shall be considered a part of the building in determining compliance with setback requirements.

Porch. An open or screened porch may project eight feet into a front setback area.

The height limitations in the Dimensional Table shall not apply to any flagpole, radio or television receiving antenna, spire or cupola, chimney, elevator or stair bulkhead, parapet, or railing, water tank, or any similar nonhabitable structure, provided that such structure is firmly attached to the roof or side of a building and covers no more than 10% of the roof area.

Barns, silos, solar energy systems, and wind energy conversion systems may exceed height limits in the Dimensional Table, provided that they comply with applicable sections of this Article VII, and provided that for every one foot by which such structures exceed the height limit, the minimum setback requirements are increased by one foot. The requirements of this subsection do not apply to exempt agricultural structures under § 220-37C.

Height limits for wireless telecommunication facilities are contained in § 220-46.

This Subsection E shall not be construed to permit any structure that is not allowed elsewhere in this chapter.

Any accessory structure attached to a principal building, and any detached barn, garage, stable, tennis court, or swimming pool, shall comply with the minimum setback requirements of this chapter applicable to the principal building. Other detached accessory structures or uses may encroach into required setback areas, provided that they:

For corner lots, the setback from all streets shall be the same for accessory structures as for principal buildings.

For watercourse setbacks, see § 220-35E.

The setback requirements of this chapter shall not apply to retaining walls of any height or to fences less than six feet high in any side or rear yard, except where corner clearances are required for traffic safety.

The setback requirements of this chapter shall not apply to any front yard fences or walls less than four feet high, except that customary agricultural wire, board, or split rail fencing which does not obstruct visibility may be higher.

Within the RA and SP-1 Districts, no timber harvesting shall occur without a timber harvesting permit issued by the Building Inspector, unless such timber harvesting is exempted from this permit requirement by Subsection G below.

Timber harvesting within the SP-2 and SP-3 Districts is regulated by § 220-16. In addition to complying with the submission requirements, timber harvesting permit requirement, and standards below, timber harvesting within the SP-2 and SP-3 Districts shall also comply with applicable provisions of § 220-16.

A description of the land on which the proposed timber harvest will occur, including deed and filed map references, lot numbers, and tax parcel numbers.

The full name and address of the owner and of the applicant, the names and addresses of their responsible officers if any of them are corporations, and written permission from the owner if the applicant is not the owner.

The signature of the professional forester responsible for the SFMP and the application.

The location of any access to a paved road or any unpaved Town road, all logging roads, existing or proposed, and all staging areas for loading equipment and logs.

All wetlands, watercourses, topography at five-foot intervals, slopes identified as unstable by the professional forester, and slopes exceeding 25%.

A plan for cleanup and restoration of any staging area or landing upon completion of the harvesting operations.

If the professional forester determines that engineering controls are necessary to prevent erosion and sedimentation, identification of the location and type of such engineering controls.

Such other information as may reasonably be required by the Building Inspector to establish compliance of the proposed work or change in use with the requirements of this chapter.

Mark all trees selected for harvest. Any specimen trees identified for protection shall also be appropriately marked.

Flag the line designating the protected one-hundred-foot buffer for streams and wetlands (including all wetlands designated by NYSDEC and wetlands that meet the criteria of the U.S. Army Corps of Engineers). The wetland buffer shall be flagged by a qualified wetland scientist.

No clear-cutting shall be permitted unless specifically shown in the approved Sustainable Forest Management Plan (SFMP), in which case a reforestation plan shall also be included in the SFMP. The replanting shall consist of diverse noninvasive species. Replanting of trees pursuant to such reforestation plan shall be secured by a performance guarantee as provided in § 220-68B.

No timber harvesting or logging road construction shall occur within the one-hundred-foot wetland buffer or within 100 feet of any streams classified by NYSDEC, except as necessary to cross a stream where permitted by NYSDEC.

Timber harvesting operations shall comply with the provisions of § 220-36, Steep slope regulations. No timber harvesting or logging road construction shall occur on any slope exceeding 25%, measured according to the provisions of § 220-36B. In addition, no timber harvesting shall occur on slopes identified as unstable by the professional forester in the SFMP.

Best management practices for stormwater management shall be required to prevent runoff of mud, debris, and silt-laden stormwater from the site to streams, public roads, or the shoulders or drainage systems of public roads.

No tree cutting, harvesting or removal, other than for exempt operations, shall take place between the hours of 6:00 p.m. and 7:00 a.m., or on Sundays or legal holidays.

All trees shall be felled so that no trees or debris falls on any adjoining property or on any roads not owned or controlled by the applicant.

All stumps shall be cut off as low as possible and shall, in general, be no higher than the diameter of the tree trunk when measured on the uphill side of the stump.

Landing and loading areas shall be located as close as possible to the timber harvesting operations and shall be smoothed to remove all ruts and debris at the conclusion of the timber-harvesting operation.

The timber-harvesting operation shall comply with all applicable erosion, sediment control, and stormwater management regulations.

Equipment used for timber harvesting shall be as small and nondisruptive to the forest as is economically feasible and safe.

Logging roads and skid trails shall not result in erosion or stream sedimentation. The SFMP shall ensure the proper location of such roads and skid trails and, where necessary, the use of appropriate engineering controls.

The Building Inspector shall promptly review the timber-harvesting permit application, inspect the site, and approve or deny the application, giving the reason for any denial. A copy of the permit or decision to disapprove shall be delivered or mailed to the applicant within 15 business days of the submission of a complete application.

Any permit shall be conditioned upon approval of access point(s) onto a public road, issued by the Town Highway Superintendent, and the posting of a performance guarantee as necessary for the protection and repair of damage to the road from heavy vehicle access and egress, as provided in Subsection E above.

The timber-harvesting permit shall consist of the application submitted with the approval of the Building Inspector endorsed thereon. It shall become effective when the Building Inspector has filed written approval of the permit application in the office of the Town Clerk. A copy of the timber-harvesting permit shall be placed in the permanent property file for the property.

A timber-harvesting permit shall be valid for a period of two years from the date of its issuance, except where a multiphase SFMP has been submitted, in which case the permit may be approved with time limits indicated within the permit for each phase. No timber-harvesting permit shall be valid for a period in excess of 10 years.

Before any site work begins, the Building Inspector shall inspect the site to assure that the buffer areas and staging areas are adequately marked and that any other applicable permit conditions have been implemented. The Building Inspector shall make periodic inspections to assure compliance with the SFMP and all conditions of approval.

The Building Inspector shall have the authority to issue a stop-work order for all or part of the cutting and harvesting activity if in his or her opinion conditions created by a spring thaw, adverse weather conditions or any other cause may make damage to public roads likely or may result in soil erosion or other damage beyond or outside of the boundaries of the area of the timber-harvesting operation.

Inspection of the site and review of the SFMP may be delegated by the Building Inspector to a qualified professional forester retained by the Town. Enforcement action may only be taken by the Building Inspector or the Town Board pursuant to § 220-57.

If slash and/or logging debris are to be burned on site, a burn permit shall be required to provide the Town notice and an opportunity to monitor burning activities to ensure that any such burning does not create a hazard to public health or safety.

Harvesting of trees and firewood for the personal use of the property owner.

Reasonable site clearing preparatory to construction of a building for which a building permit has been issued.

Clearing of land for rights-of-way of utilities.

Clearing and maintenance of land for agricultural purposes.

The harvesting of evergreens specifically planted for Christmas trees.

Thinning of a sugarbush.

A bona fide commercial landscaping operation.

Any other removal of timber from a lot in quantities less than 20 standard cords of wood, 2,000 cubic feet or 10,000 board feet, as measured by the international one-quarter-inch log rule, within any calendar year.

The normal maintenance of trees or property through the pruning or topping of trees or timber, or the cutting, removal or harvesting of trees or timber which are dead or diseased or are a hazard to public safety or health or property.

Timber harvests on lands which are enrolled under § 480-a of the New York State Real Property Tax Law, and its predecessor, the Fisher Forest Act, provided that all of the following are satisfied:

Will not result in erosion or stream pollution from surface or subsurface runoff. In making such determination, the Planning Board shall consider slopes, vegetation, drainage patterns, water entry points, soil erosivity, depth to bedrock and high water table, and other relevant factors;

Will not result in impervious surface coverage exceeding 2% of the regulated area (i.e., the land lying within 150 of the stream bank);

Will provide an adequate vegetated buffer along the stream to prevent adverse impacts on the stream; and

Will maintain existing tree canopy over the stream and the stream bank.

The following shall not be located within 100 feet of the top of the bank of a stream classified as AA, A, B or C(t) by the DEC or, in the absence of a clear bank, from the outer edge of the riparian wetland adjacent to the stream:

These setbacks shall not apply to docks, piers, bridges, and other water-related structures which by their nature must be located on, adjacent to, or over the watercourse, or to access driveways or roads associated with such structures.

The Planning Board may reduce these setbacks in the course of its approval process if it finds that topographic conditions and/or project design features will adequately protect stream water quality.

Adequate erosion control and drainage measures will be in place so that erosion and sedimentation does not occur during or after construction.

Cutting of trees, shrubs, and other natural vegetation will be minimized, except in conjunction with timber harvesting operations performed pursuant to § 220-32.

Safety hazards will not be created due to excessive road or driveway grades or due to potential subsidence, road washouts, landslides, flooding, or avalanches.

Proper engineering review of plans and construction activities will be conducted by the Town to ensure compliance with this section, paid for by escrow deposits paid by the applicant.

No certificate of occupancy will be granted until all erosion control and drainage measures required pursuant to this section have been satisfactorily completed.

There shall be no height, building footprint, or impervious surface coverage limits on agricultural structures, including but not limited to barns, silos, grain bins, wind energy conversion systems, and fences, as well as equipment related to such structures, as long as they are being used in a manner that is part of the farm operation.

There shall be no lot line setback restrictions on agricultural structures, except setbacks from lots that are either not within the agricultural district or lots that have existing residential uses. Agricultural structures containing animals, animal feed, or animal waste shall be set back at least 200 feet from watercourses and 100 feet from lots that have existing residential uses, whether or not such residential lots are within an agricultural district. This setback requirement shall not apply to preexisting nonconforming structures.

Agricultural structures and practices shall not require site plan review or special permit approvals, except that agricultural structures with a footprint greater than 20,000 square feet or exceeding 35 feet in height shall require minor project site plan approval pursuant to § 220-67.

Soil mining which does not require a permit from the New York State Department of Environmental Conservation shall be permitted by right, subject to a zoning permit from the Building Inspector.

Purpose. The Town finds that large and highly visible parking areas represent one of the most objectionable aspects of commercial development. Such parking lots damage the historic layout and architectural fabric of hamlet areas, harm the natural environment and visual character of the community, interfere with pedestrian safety and accessibility, and reduce the quality of life in developed areas. However, the Town also recognizes that inadequate parking can diminish quality of life by creating traffic congestion, safety hazards, and inconvenience. The Town therefore seeks to balance the need for adequate parking with the need to minimize harm resulting from the provision of parking, and to avoid the negative impacts of excessive parking lot construction.

Minimum parking required for residential uses.

Parking requirements for nonresidential uses. The number and layout of parking spaces for nonresidential uses shall be based on the need to protect public safety and convenience while minimizing harm to the character of the community and to environmental, historic, and scenic resources. Since nonresidential uses vary widely in their need for off-street parking, parking requirements shall be based on the specific operational characteristics of the proposed uses. The provisional parking standards in Subsection A(3)(a) below shall be applied and may be varied by the Planning Board according to the criteria in Subsection A(3)(b) below. The Planning Board may waive these parking requirements entirely for preexisting lots located within the HM District.

Design, layout, and construction of parking areas for nonresidential and multifamily residential uses.

General requirement. Loading docks and service access areas shall be located in a manner that minimizes visual intrusion on public spaces and adjacent residences and ensures pedestrian and automobile safety by separating truck traffic and loading operations from pedestrian and automobile circulation. Where appropriate, loading docks shall be screened by walls extending from a building face or placed within arcades or other architectural features designed to blend them with the architecture of the building. Adjacent buildings shall be sited to allow shared access to loading docks through the use of common loading zones or service alleys.

Exception for Hamlet Mixed-Use District. The need to maintain the traditional layout and historic character of the Town's hamlets may preclude the establishment of modern loading facilities in some older buildings in the HM District. In such situations, the requirements of Subsection B(1) above shall not apply and on-street loading shall be permitted.

Protect public health and safety by ensuring that signs do not create dangerous conditions, obstruct vision necessary for traffic safety, or confuse, distract, or mislead motorists, bicyclists, or pedestrians; and

Promote the general welfare by creating a more attractive visual environment that preserves the Town's historic and rural character, protects property values, encourages economic growth, enables businesses and other establishments to identify themselves, and minimizes negative impacts of signs on adjoining properties.

Permanent signs.

Temporary signs.

No off-premises commercial signs shall be allowed, except that signs not exceeding four square feet directing the public to specific establishments may be allowed with site plan approval by the Planning Board.

No exterior sign shall be illuminated internally, and no sign shall contain flashing, intermittent, rotating, or moving lights, except that one neon sign not exceeding three square feet may be allowed inside the window of a business establishment for the purpose of indicating that it is open.

Portable signs that are mounted on wheels, including motor vehicles or trailers parked in one location for more than 30 days in any calendar year and functioning primarily as signs, shall be prohibited.

No permanent sign or any part thereof shall contain or consist of any moving, rotating, or revolving device.

No sign shall be inflatable or audible.

Sandwich signs shall be prohibited, except as temporary signs as provided in Subsection B(2)(j) above.

Permit applications. Applications for new signs or proposed changes in existing signs shall include a scaled drawing showing the type of lettering, sign dimensions, colors, materials, and method of illumination, if any, and a plan showing the location of the sign on the building or property. A building permit shall be required for any change in the size, shape, lighting, materials, or location of an existing sign. No building permit shall be required if only the words or images on the sign are changed.

Location and maintenance.

Sign area and height.

Illumination. No illuminated sign or lighting device shall be placed or directed so that its light is directed or beamed:

Sign design manual. The Town Board may adopt a sign design manual developed specifically for the Town of Gardiner or published for the general public or for another municipality. If such a sign design manual is adopted, it shall be incorporated by reference into this chapter.

Nonconforming signs. Signs that do not conform with this § 220-39 and that were legally in existence prior to the adoption of this section (March 14, 2008) shall be permitted to continue for an amortization period that terminates July 1, 2012, at which time they must either be replaced by conforming signs that have valid permits or be removed. Such signs may be altered only if the alterations increase their conformity with this section. This five-year amortization period may be extended by a temporary variance granted by the Zoning Board of Appeals, provided that the applicant demonstrates that the five-year amortization period is confiscatory as applied to the specific sign. The period of the variance shall be the minimum reasonably necessary to avoid confiscation. Signs that were not in compliance with the sign regulations of the Town of Gardiner existing prior to the enactment of this § 220-39 shall not be considered protected nonconforming structures and shall be treated as violations.

Signs advertising an establishment or institution that has permanently closed shall be removed within one month of such closure.

The Building Inspector shall notify in writing the owner of any sign which no longer serves the purpose for which it was erected, or which poses a safety hazard to the public or is otherwise in violation of this section. The Building Inspector shall order such owner to remove or correct the unsatisfactory condition of such sign within 20 days from the date of such notice.

Upon failure to comply with such notice within the prescribed time, the Building Inspector is hereby authorized to secure, repair, remove, or cause the removal of such sign. All costs of securing, repairing, or removing such sign, including related legal fees and expenses, shall be assessed against the land on which the sign is located and shall be levied and collected in the same manner as provided in the Town Law for the levy and collection of a special ad valorem levy.

Where it reasonably appears that there is imminent danger to life, safety, or health or imminent damage to property unless a sign is immediately repaired, secured, or demolished and removed, the Town Board may, by resolution, authorize the Building Inspector to immediately cause the repair, securing, or demolition of such unsafe sign. The expense of such remedial actions shall be a charge against the land on which the sign is located and shall be assessed, levied, and collected as provided in Subsection E(3) above.

Reduce to a reasonable minimum the dissemination of smoke, gas, dust, odor or other atmospheric pollutants outside the building in which the use is conducted.

Control noise and light perceptible beyond the boundaries of the site of the use.

Limit the discharge of treated wastes and prohibit the discharge of untreated wastes into any watercourse.

Limit the dissemination of vibration, heat or electromagnetic interference beyond the immediate site on which the use is located.

Limit physical hazard by reason of fire, explosion, radiation or any similar cause.

Sound levels shall be determined at the property line of the lot from which the noise is emitted. Sound measurements shall be accomplished through a sound-level meter having an A-weighted filter and constructed in accordance with specifications of the American National Standards Institute or other generally accepted standard for the measurement of sound.

No person, firm or corporation shall allow the emission of sound which, as measured at the property lines, has a sound level in excess of:

Sounds emitted at levels lower than those prohibited by Subsection C(2) above shall not be permitted if, because of the type or frequency of the noise emitted, such sounds are offensive, disruptive or in continual disharmony with the character of an adjoining or nearby residential neighborhood.

Exemptions. The following shall be exempt from the noise level regulations:

Method of measurement. For the purpose of measuring vibration, a three-component measuring system approved by the Town Engineer shall be employed.

Maximum permitted steady-state and impact vibration displacement. No activity shall cause or create a steady-state or impact vibration displacement by frequency bands in excess of that indicated in the following table:

General control. The emission of smoke and other particulate matter shall not be permitted in violation of applicable regulations of the New York State Department of Environmental Conservation (DEC), including but not limited to 6 NYCRR Part 201. Pollutants that are not regulated by DEC shall not be emitted if they pose a substantial risk to public health, safety, or welfare.

Method of measurement of smoke. For the purpose of grading the density of smoke, the Ringelmann Smoke Chart or EPA methods 9 or 22 shall be used to determine the total smoke emitted. Where the Ringelmann method is used, a reading shall be taken every minute for an hour or, if less than an hour, until the total smoke emitted exceeds that allowed by these regulations. Each reading shall be multiplied by the number of minutes during which it was observed and the product added.

Maximum permitted emission of smoke. There shall be no measurable emission of smoke, gas or other atmospheric pollutant, except as authorized by a permit granted pursuant to applicable state and federal regulations. The emission of one smoke unit per hour and smoke with discernible density of No. 1 on the Ringelmann Smoke Chart shall be prohibited.

Maximum permitted emission of dust.

No use shall produce glare so as to cause illumination beyond the boundaries of the property on which it is located in excess of 0.5 footcandle. All exterior lighting, including security lighting, in connection with all buildings, signs or other uses shall be directed away from adjoining streets and properties. The Planning Board may require special efforts to reduce the impacts of exterior lighting, such as limiting hours of lighting, planting screening vegetation, or installing light shields to alleviate the impact of objectionable or offensive light and glare on neighboring residential properties and public thoroughfares.

Exterior lighting fixtures shall be shielded and directed downward to prevent light from shining directly onto neighboring properties or public ways or upward into the night sky. Light standards shall not exceed 20 feet in height.

Lighting within parking lots shall be on poles of 15 feet maximum height, with color-corrected lamps and cut-off luminaires designed to minimize glare and light pollution. Design of poles and luminaires shall be compatible with the style of the architecture and adjoining streetscape treatment. Sidewalks leading from parking lots shall be lit with bollard lighting and indirect illumination of buildings and vegetation.

All lighting above 2,000 lumens shall be restricted to full cut luminaires.

Gasoline canopy lights shall be fully recessed with an average of no more than 20 footcandles.

Ensure the compatibility of home occupations with other uses;

Maintain and preserve the rural and historic character of the Town; and

Allow residents to engage in gainful employment on their properties while avoiding excessive noise, traffic, nuisance, fire hazard, and other possible adverse effects of nonresidential uses.

Home occupation as use permitted by right. Home occupations shall be permitted uses if they are in compliance with the following criteria and standards:

Home occupation by special permit.

Assistance to applicants in the preparation of and acceptance and review of applications submitted for inclusionary housing units, including adoption of rules and procedures to discharge this function.

Maintenance of an eligibility priority list as well as certification of applications placed on the eligibility priority list according to the provisions herein. Priority lists will be reviewed at least annually and updated as deemed necessary.

Submission of an annual report to the Town Board, documenting current housing needs indicating:

Authority to take any other action necessary to effectuate the purpose of this section as authorized by the Town Board.

Applicants proposing to develop 10 or more dwelling units over any ten-year period, for sale or rent, on one or more contiguous parcels, are required to set aside at least 10% of all units for the inclusionary housing needs of the Town. When the number is not a whole number, it will be rounded to the nearest whole number (0.5 will be rounded up). This requirement shall not apply to the establishment or expansion of mobile home parks in the MHF District.

An applicant may elect, instead of building some or all of the required inclusionary housing units on-site, to make a monetary payment to the Town of Gardiner Inclusionary Housing Fund.

All on-site inclusionary housing units shall be physically integrated into the design of the development. Inclusionary housing units shall be constructed to the same quality standards as market-rate units and include a comparable number of bedrooms. The exterior finishes of inclusionary housing units shall be indistinguishable from all other units. The developer may, however, propose different appliances and interior hardware where such substitutions would not adversely impact the livability of the unit. Appliances, lights and all components of HVAC systems shall be Energy Star compliant.

All inclusionary housing units shall generally be physically distributed throughout the subdivision or development in the same proportion as other housing units. However, the inclusionary units may be included in two-family dwellings even if the remainder of the development consists of single-family dwellings.

Minimum gross floor area (excluding common areas, stairways, decks, storage or hallways) per inclusionary housing dwelling unit will not be less than the following:

Schedule of units.

At the time of purchase or rent, the following schedule of occupancy will apply to inclusionary housing units:

To qualify for inclusionary housing, a family's income must be at or below 100% of the current Kingston, New York Metropolitan Service Area Median Family Income, adjusted for family size, as published annually by the United States Department of Housing and Urban Development.

The Housing Administrator will require complete disclosure of all income and assets. Family income shall include the gross income from all sources for all family members, utilizing the latest federal income tax returns, in addition to full disclosure of assets. Non-income-producing assets may be assigned an income-producing value, deemed income by the Housing Administrator. Complete disclosure of income and assets is to be made on forms and/or applications provided by the Housing Administrator. Full income and asset disclosure is the responsibility of the applicant and is to be provided to the Housing Administrator with an affidavit.

For the purposes of these regulations, a "family" will be defined as provided in the Town of Gardiner Zoning Law, § 220-74, Definitions of terms. The terms "family" and "household" are used interchangeably.

For the purposes of these regulations, family income will exclude earned income from each minor or full-time student, up to a maximum of $5,000 each.

Maximum sales prices will be set by the Housing Administrator so that the annual cost of the sum of principal, interest, taxes and insurance (PITI) and common charges, if applicable, will not exceed the result of the following calculation: 100% of the current Kingston, New York Metropolitan Service Area Median Family Income, adjusted for family size [see Subsection E(1) above] multiplied by 30%. For example: Assuming that the adjusted median family income for a family of four is $63,500, the calculation would be as follows:

Maximum yearly rent, excluding utilities, for a particular household shall not exceed the result of the following calculation: 75% of the adjusted median family income [see Subsection E(1) above] multiplied by 25%. For example: Assuming that the adjusted median family income for a family of four is $63,500, the calculation would be as follows:

Once a household is determined to be eligible to participate in the inclusionary housing program based on income limits as set forth above, preference will be given to households on the basis of the following factors. For purposes of this subsection, a "household" shall include any and all family members who have reached the age of 21 and who will occupy the inclusionary housing unit as their primary residence. For each eligible household, all members over 21 shall be counted and the total number of points shall be added together and divided by the number of such members of the household to determine the household's score. Household members seeking preference based on voluntary service or employment must provide a certification letter from an authorized person within such organization attesting to the applicant's length of volunteer service or employment.

The priority list will be as follows:

Ownership of an inclusionary housing unit will be on a fee-simple, condominium or cooperative basis, and title to the same will vest in the eligible purchaser either individually, as joint tenant with other eligible purchasers, or as tenants by the entirety. Inclusionary housing rental units may be owned by individuals or corporations, who or which will offer such units at rent levels that conform to the criteria established by the Housing Administrator.

The owner of an inclusionary housing unit shall notify the Housing Administrator of his or her intent to sell prior to contact with any realtor or purchaser.

The Housing Administrator shall calculate the resale price as provided in Subsection F(1). The Housing Administrator shall screen eligible purchasers as provided for in Subsection O and make the list of eligible purchasers available to the seller. In no event will the seller of an inclusionary housing unit be entitled to a profit obtained from a selling price in excess of the maximum sales price as determined in Subsection F(1).

Upon the death of an owner, the executor or administrator of the estate of the deceased owner will place the inclusionary housing unit for resale on the basis as set forth herein. This shall not apply to a surviving spouse or resident parent who shall be eligible to continue ownership in the same manner as the deceased owner. In no other event will the beneficiaries of the estate, distributees or heirs at law of the deceased owner be entitled to occupy the inclusionary housing unit or be entitled to ownership status, unless the eligibility provisions of these regulations are separately adhered to and complied with.

The original deed and any subsequent deeds or instruments used to transfer title to a inclusionary housing unit shall include a provision indicating that the housing unit is an inclusionary housing unit subject to perpetual restrictions on occupancy and resale. The following paragraph, or one substantially similar, must be included in all deeds and other transfer instruments:

Prior to engaging in any nonemergency major repair or rehabilitation requiring a building permit, the owner of an inclusionary housing unit will first obtain the written permission and approval of the Housing Administrator. The Building Inspector must approve emergency structural repairs, and the Building Inspector will be responsible for inspecting the repair work when completed and for notifying the Housing Administrator when said work is completed. Under no circumstances will the Housing Administrator approve any addition in size to the structure. The original square footage of the unit will be maintained throughout the unit's existence.

All inclusionary units will be maintained at a standard up to the original builder's specification level. At the time of resale, the Housing Administrator is authorized to determine the expense of repairs for conditions indicative of owner neglect to reasonably return the unit to its original condition; such assessment will be charged to the seller upon resale of the unit and must be paid by the seller at or prior to closing.

Funding of costs incurred by the Town in the administration and enforcement of the inclusionary housing program, including such activities with respect to inclusionary housing units established under this section, as well as funding of such future inclusionary housing programs as the Town may otherwise establish by legislation, order or resolution;

Defraying consulting fee expenses incurred, or to be incurred, by the Town in the establishment of such inclusionary housing programs;

Defraying the cost of improvements to municipal infrastructure, including but not limited to roads, water, sewer and drainage improvements, to the extent such capital expenditures are incurred to promote the development of inclusionary housing;

Deposit of payments by project sponsors in mitigation, where deemed suitable and appropriate by the Town, of any private residential development proposal's failure to provide inclusionary housing;

Construction of inclusionary housing units by the Town or by a qualified not-for-profit housing corporation or other entity selected by the Town Board; and

Any other purpose authorized by state or local law in connection with the expansion or improvement of inclusionary housing opportunities within the Town, including but not limited to establishment, to the extent authorized by law, of a program of grants or loans to not-for-profit or for-profit entities.

No driveway shall be greater than 2,500 feet in length.

Driveways greater than 1,200 feet in length may be constructed only with site plan approval by the Planning Board.

Buildings on driveways greater than 1,200 feet in length shall be built with fire suppression systems recommended by the Fire Chief for the fire district in which the building and driveway are located.

A minimum of 30 feet of culvert pipe shall be installed at the entrance to all driveways (off Town, county, or state roads).

For all dead-end driveways greater than 500 feet in length, a one-hundred-foot by fifteen-foot "T-Shaped" or one-hundred-twenty-foot outside diameter circle/loop unobstructed turnaround area shall be constructed at the end of the driveway.

All driveways shall have and maintain a total of 15 feet of clearing to provide for the traveled way, which shall be 12 feet wide and able to support a twenty-ton load, and shoulder. Additional provision shall be made as necessary to allow for factors that could reduce the effective width of the driveway, such as drainage, snow removal, parking, and utilities.

Turns in driveways shall maintain at least the minimum 15 feet cleared width and a driveway width of 12 feet. Driveways shall have a minimum radius of 25 feet at the inside curb line and a minimum radius of 50 feet at the outside curb line.

The maximum grade between vertical curves shall be 12%.

The minimum safe stopping sight distance shall be 250 feet at the driveway intersection with a public road improved to the Rural Street Specification set forth in Chapter 184, Article II.

At least 13 feet six inches of vertical clearance shall be provided and maintained over the full width of the driveway.

Driveways over 1,000 feet in length shall have a fifty-foot long by twelve-foot deep turn-out for every 1,000 feet of driveway length, with the turnouts evenly spaced over the length of the driveway.

Driveway guide rails shall be installed if deemed necessary by the Town Code Enforcement Officer/Building Inspector or Planning Board.

The maximum number of lots gaining access through any portion of a common driveway shall be three.

Written approval from the Town Superintendent of Highways and the Town's engineer shall be secured before approval of any common driveway.

A recorded maintenance agreement acceptable to the Town Attorney must be executed to provide for the perpetual care and maintenance of the common driveway.

The common driveway may never be offered for dedication to the Town of Gardiner unless it conforms to Town Highway specifications for rural streets in effect on the date of the offer of dedication. However, the Town Board shall be under no obligation to accept such an offer of dedication, even if the roadway conforms to Town Highway specifications. In the event such dedication becomes necessary to ensure public safety, the cost of bringing the road up to Town highway specifications shall be borne by the homeowners.

The subdivision plat shall show the driveway clearly labeled "COMMON DRIVEWAY."

New mobile home parks shall be permitted only within mapped MHF Districts consistent with the provisions of Chapter 154 of the Town Code.

Existing mobile home parks not located in an MHF District may be continued as provided in Article VI and consistent with the provisions of Chapter 154 of the Town Code. The expansion of an existing mobile home park shall be allowed by special permit issued by the Town Board, provided that the mobile home park is included in a mapped MHF District. Until December 31, 2009, an applicant proposing to expand an existing mobile home park by not more than 25 mobile homes may elect to proceed under the special permit and site plan procedures existing on January 1, 2007. Upon site plan approval, the expanded mobile home use shall be considered a permitted use pursuant to § 220-27F.

New mobile home parks may be permitted in the MHF District, provided that they obtain a special permit and license from the Town Board and fully comply with Chapter 154 and all standards for open space developments, except as follows:

All new mobile home parks and expansions of existing mobile home parks shall be required to comply with all applicable state and federal regulations and all applicable special permit and site plan review standards and criteria in this chapter. However, when provisions of this chapter establish requirements applicable to single-family dwellings, such provisions shall not apply to individual mobile homes in a mobile home park that comply with the conditions and requirements of the special permit and site plan approval for that mobile home park.. If the mobile home park will involve the creation of separate lots, the Town of Gardiner Subdivision Law (Chapter 188) shall apply.

The mobile home shall be used exclusively for the housing of a farm employees and the immediate family of such employees.

The mobile home shall be removed from the premises if any one of the following circumstances occur:

Dimensional requirements.

Access and internal roadways.

General requirements and design standards.

Purposes of this section:

Applicability. The Town Board may, in accordance with Article IX, issue special permits for wireless telecommunication facilities (WTFs) as provided in this § 220-46.

Definitions. The following definitions are specific to WTFs and supplement Article XII. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number, and words in the singular number include the plural number.

Any person applying for a special permit for a WTF or operating a WTF pursuant to an approved special permit, including any successor or assign of an applicant or operator of a WTF, shall be one of the following:

The reviewing board may, at any time during the application review process, require from the applicant such additional information, documentation, or test data as the board deems necessary to ensure that the health, safety, and welfare of the community are adequately protected.

Approval requirements for major and minor WTFs.

Visual impact assessment. It is an intent of this chapter to encourage the concealment of WTFs, through the use of camouflage, visual screening, location, and distance, used separately or in combination. In addition to other available methods, the measures outlined below may be used by the Town Board and other applicable boards to evaluate the visual impact of a proposed WTF.

Location of WTFs.

Height. The height of any WTF shall be the minimum height determined by the Town Board to permit the WTF to provide service over a reasonable range while limiting the WTF's visual impact to a minimum. Subsections B(6)(a) through (d) below provide additional height limitations on specific types of WTF installations. The Town Board may, at its discretion, allow these limitations to be exceeded, provided that the applicant demonstrates, to the Town Board's satisfaction, that no additional adverse visual impact will result from the deviation above the applicable height limit from Subsection B(6)(a) through (d) below. However, in no case shall the height of a WTF exceed 120 feet.

Demonstration of need for a WTF.

Lot size and setbacks.

Camouflage.

Visual screening.

Lighting. WTFs shall not be artificially lighted except as follows:

Vehicles and movable equipment on WTF site. Vehicles and movable equipment not incidental to the operation of the WTF shall not be stored or parked on the WTF site unless specifically allowed by the Town Board.

Utilities. The Town Board may require any utilities at a WTF site to be installed underground.

Signage. A WTF shall contain an unlit sign no larger than six square feet to provide adequate notification to persons in the immediate area of the presence of an antenna that has transmission capabilities. The sign shall include the names of the owner and operator of the WTF, as well as twenty-four-hour emergency phone numbers. The sign shall be posted on or near the entry gate, and shall be located so as to be visible from the access driveway of the site. In the case of roof-mounted antennas or antennas incorporated into an existing structure such as a steeple or farm silo, the sign shall be displayed at the access way to the antenna area. No other signage shall be permitted on a WTF unless required by applicable law or regulation.

Radio frequency and electromagnetic standards.

Security of WTFs. All WTFs shall be located, fenced, or otherwise secured in a manner which prevents unauthorized access. Fencing shall be designed to minimize visual and aesthetic impacts. Electrified fences and razor wire shall be prohibited.

Accessory structures.

Maintenance. The WTF owner and/or operator shall maintain the WTF in good condition, including, but not limited to, maintenance of telecommunications equipment, security features, painting and other finishes, camouflage, screening, buffer areas, landscaping, and structural integrity.

Modification of existing WTFs.

Shared use of WTFs.

Operational permit for a WTF.

Application. In addition to other applicable requirements for special permit applications in Article IX, an application for the placement, construction, or modification of a wireless telecommunication facility (WTF), shall also contain the following information:

Bond. In the case of a special permit for a wireless telecommunication facility (WTF), the applicant and/or the owner of record of the facility shall, at its cost and expense, be jointly required to execute and file with the Town a bond or other form of security acceptable to the Town Board as to type of security and the form and manner of execution, with such sureties as are deemed sufficient by the Town Board to assure the faithful performance of the terms and conditions of this chapter and conditions of any special permit issued pursuant to this chapter, including, but not limited to, maintenance and removal of the WTF. The amount of the security shall be that recommended by the Town Engineer or other consultant retained to review the WTF application. The full amount of the bond or security shall remain in effect throughout the term of the special permit and until the removal of the WTF and any necessary site restoration is completed. The amount may be adjusted from time to time in the event of circumstances such as increased costs, upon 20 days' prior notice to the applicant, who may appear at a Town Board meeting to offer any statements and evidence on the proposed increase. Failure to maintain the performance security in full force and effect shall be a violation of the provisions of the special permit, and shall entitle the Zoning Enforcement Officer to revoke the operational permit for the WTF.

A WTF, once constructed, shall be continuously used as a wireless telecommunication facility. If a WTF has ceased operation for a period exceeding a total of 180 days in any period of 365 days, then the Town Board may determine that such inactivity warrants removal of the WTF. (If such period of disuse of a WTF is caused by force majeure or acts of God, repair or removal by the special permit holder shall commence within 90 days.)

If the Town Board makes such a determination of inactivity and cause for removal, then the holder of the special permit for the WTF, the owner of the WTF, and the property owner shall be notified of the Town Board's determination, and shall be notified of a date for a hearing. At such hearing, held no less than 14 calendar days after giving notice, the Town Board shall consider evidence submitted as to the existence and duration of the period(s) of inactivity in question.

If the Town Board makes a final determination that he WTF is to be removed, then the holder of the special permit, or its successor or assign, shall dismantle and remove such WTF and all associated structures and facilities from the site, and restore the site to as close to its original condition as is possible, within 90 days of receipt of written notice from the Town Board.

If the WTF is not removed within 90 days, then the Town Board may take steps to declare the WTF abandoned, and may order officials or representatives of the Town to effect removal of the WTF and site restoration at the sole expense of the owner of the WTF or special permit holder. If the WTF owner or special permit holder fails to pay the costs associated with such removal and restoration, then the permit holder's performance security may be used to meet the Town's expenses.

If the Town removes, or causes to be removed, a WTF, and the owner of the WTF does not claim and remove it from the site to a lawful location within 10 days, then the Town may sell or dispose of the WTF and its components using the proceeds of the permit holder's performance security to the extent necessary. To the extent that performance security proceeds are insufficient or unavailable and the Town incurs costs, such costs shall be the responsibility of the WTF owner and the property owner, and until paid shall constitute a lien on the parcel, which lien, if left unpaid for one year, may be levied as a delinquent tax.

Purposes of this section. This zoning for solar energy section is adopted to advance and protect the public health, safety, and welfare of the Town of Gardiner, including:

Applicability.

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

No solar energy system or device shall be installed or operated in the Town except in compliance with this section. All solar energy systems shall be performed by a qualified solar installer.

Any connection to the public utility grid must be inspected by the appropriate public utility.

All required diagrams and plans must include the following:

Solar energy systems and equipment shall be permitted only if they are determined by the Town not to present any unreasonable safety risks, including, but not limited to, the following:

The Building Inspector shall have authority to determine compliance with the requirements set forth in this section. Consideration shall be made regarding glare or other adverse effects on neighboring properties when determining compliance with this section.

Rooftop and building-mounted solar collectors are permitted in all zoning districts in the Town subject to the following conditions:

In the event any of the standards in this § 220-47C(1) are more stringent than applicable residential, building, electrical and/or fire codes, the standards in this subsection shall be deemed to be guidelines only and the standards of the residential, building, electrical and/or fire codes shall apply.

Building permits are required for the installation of all ground-mounted and freestanding solar collectors.

Freestanding or ground-mounted solar collectors designed for onsite use are permitted as accessory structures in all zoning districts of the Town of Gardiner, subject to the following conditions:

Any freestanding, ground-mounted or pole-mounted solar collectors to be installed in a nonresidential zone shall require site plan review and approval by the Planning Board pursuant to Article IX of this chapter prior to the issuance of any building permit.

Building permits are required for the installation of all solar thermal systems.

Solar thermal systems are permitted in all zoning districts subject to the same requirements set forth above as for ground-mounted and free-standing solar collectors.

When an application for either a minor or major subdivision is presented to the Planning Board, which plans include incorporation of a solar energy system as a community energy source, the following criteria for the review and use shall be considered:

Permitted locations.

Specific site plan requirements. A solar energy system designed for a subdivision use shall comply with all the site plan requirements of Article IX of this chapter. Additional requirements for the use shall include but not be limited to the following:

All solar collector installations must be performed by a qualified solar installer.

All solar energy systems shall be maintained in good working order.

All solar energy systems shall be designed and located in order to prevent reflective glare from impacting roadways and contiguous properties to the maximum extent practicable.

If solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting the requirements of applicable residential, building, fire and electric codes when in use, and when no longer used shall be disposed of in accordance with the laws and regulations of the Town of Gardiner and other applicable laws and regulations.

Prior to operation, electrical connections must be inspected by a Town Code Enforcement Officer and by an appropriate electrical inspection person or agency, as determined by the Town.

Any connection to the public utility grid must be inspected by the appropriate public utility.

Solar energy systems and equipment shall be marked in order to provide emergency responders with appropriate warning and guidance with respect to isolating the solar electric system. Materials used for marking shall be weather-resistant.

Approval standards for large-scale solar systems as a special use.

Additional requirements.

Contract in lieu of taxes. In the event an owner or developer of a large-scale solar energy system provides written notification pursuant to New York Real Property Tax Law § 487(9)(a) to any taxing jurisdiction of its intent to construct a large-scale solar energy system in the Town, the owner or developer shall also simultaneously provide a copy of such notification to the Town Clerk, Town Board and Town Planning Board. It is the intent of the Town of Gardiner to require a contract in lieu of taxes for all large-scale solar energy systems.

Construction and maintenance. Prior to the issuance of a building permit for a large-scale solar energy system and any associated accessory structures, the owner and/or operator shall post a surety in an amount and form acceptable to the Town for the purposes of construction and maintenance. The amount shall be up to 20% of the construction value. Acceptable forms shall include, in order of preference: cash; irrevocable letter of credit; or a bond that cannot expire; or a combination thereof. Such surety will be used to guarantee compliance with the conditions of the approval for the large-scale solar energy system. If the owner of the site fails to comply with any conditions of the approval during construction or as part of the long-term maintenance of the site, all costs of the Town incurred to ensure compliance with conditions of the approval shall be paid using the surety provided by the owner and/or operator. Failure to comply with the conditions of the approval or to maintain an acceptable level of surety will result in revocation of the certificate of occupancy.

Decommissioning.

Abandonment and removal.

The amount land required for keeping large animals shall be one acre, allocated to the residence, plus one acre per "large livestock unit" (LLU). One cow, horse, bison, pig, or similar large animal shall be considered one LLU. The following shall be considered as fractional LLUs:

The maintenance of small animals, such as raccoons, mink, rabbits, birds, snakes, geese, ducks, chickens, monkeys, dogs, cats, etc., shall not exceed 10 on a lot of less than two acres. Pens for such animals shall not exceed 5,000 square feet or 10% of the lot area, whichever is greater. These requirements may be modified by the Planning Board by special permit as provided below.

The Planning Board may issue a special permit for maintenance of animals in greater numbers or larger pens than the maximum set forth above, provided that the applicant meets all conditions and satisfies applicable special permit criteria, that the Planning Board finds that adequate open space and facilities for the proper care of such animals are available and will be established, and that maintenance of such animals will not interfere with the reasonable use and enjoyment of the property of others.

Buildings, pens, or other structures housing animals shall be located 20 feet from any lot line and 35 feet from any road or highway. No manure may be stored within 250 feet of any property boundary line or watercourse.

In maintaining animals on a property, no person shall knowingly interfere with the reasonable use and enjoyment of the property of others.

Kennels, as defined in Chapter 80 of the Town Code, shall comply with all provisions of Chapter 80.

No provisions of this section shall prohibit or regulate the keeping of dogs as household pets in compliance with Chapter 80 of the Town Code.

All operations, including loading and unloading, shall occur within fully enclosed buildings with an impervious floor system. Any leachate shall be collected in an impervious collection system and hauled off-site for disposal as required by applicable laws. There shall be no outdoor storage of hazardous materials or of materials regulated under 6 NYCRR Part 360 in a manner that could allow them to become airborne, leach into the ground, or flow into any watercourse.

No materials shall be disposed of into the ground, air, or into any watercourse, except pursuant to applicable permits and approvals issued by state and county health and environmental agencies.

Procedures shall be in place to inspect all materials upon arrival at the facility to ensure that they are appropriate to the permitted operation and to ensure that deliveries of materials that cannot be safely handled and processed at the facility are not accepted.

The operation shall comply with all applicable provisions of this chapter, including the environmental performance standards in § 220-40 and the aquifer protection provisions in § 220-15.

The applicant may be required to furnish an irrevocable letter of credit, certified check, bond, or other form of security guaranteeing to the Town of Gardiner compliance with the standards in this Subsection B as well as any other standards, requirements, or conditions of any permit issued by federal, state, county, or local government agencies. The amount of such performance guarantee shall be based upon the potential cost of remediation in case of a violation.

In addition to the requirements of Subsection B(5) above, the applicant may be required to pay annually into an environmental inspection fund to enable the Town to monitor the facility's performance and compliance with applicable standards using qualified technical experts.

Boats, trailers, and seasonal or other recreational vehicles may be stored, maintained, or parked only in side or rear yards except where environmentally suitable and economically practical access to such yards is not feasible. Construction equipment and other heavy equipment may not be stored, maintained, or parked in any location visible from adjoining properties or public roads, except for purposes of loading and unloading. The restrictions of this Subsection B shall not apply in the CLI District, except that storage on properties in the CLI District shall be screened from abutting residential properties.

Unless authorized by a special permit or site plan approved in connection with a business use, no commercial vehicle exceeding 12,000 pounds gross vehicle weight or 20 feet in box length shall be parked overnight in a residential district where it is visible from adjoining properties or public roads. The Planning Board may allow larger vehicles by special permit. This provision shall not apply to trucks used in connection with commercial agriculture, provided that parked trucks are set back at least 100 feet from property lines of adjacent landowners who are not related by family or business affiliation to the owner or operator of the farm operation.

A list of all agencies which must license or otherwise approve the establishment of operation of the facility.

A list of regulations established by the public or private agencies listed in Subsection C(1) above.

Copies of applications submitted to the agencies.

A written statement explaining the status of such applications stating any facts known to the applicant which might result in the denial or delay of any required approval.

A written statement addressing the requirements of Subsection A above and demonstrating that the facility will comply with applicable regulations of licensing agencies and state law relating to minimum required floor area, bathroom facilities, and open space.

A map identifying the location of all other residential care facilities in the Town of Gardiner at the time of the special permit application.

That the proposed facility, given its unique nature, will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, parking, utility facilities, and other matters affecting public health, safety, and general welfare.

That the proposed facility will be provided with or have ready access to facilities and services necessary and appropriate to the needs of its residents for active and passive recreation, medical care, education, cultural and religious activities, and public transportation.

That the proposed facility will not generate a level of traffic which would be burdensome to the neighborhood, considering the number of visitors its residents may expect, truck delivery and loading requirements, and the availability and nature of public or private transportation.

That the proposed facility will not result in an undue concentration of residential care facilities in the Town of Gardiner or in the neighborhood of the proposed facility.

That the decision made by the Planning Board represents a reasonable accommodation to the needs of persons protected under the Federal Fair Housing Act, if applicable.