Hillsdale City Zoning Code
ARTICLE V
Special Districts
§ 245-28 Preservation overlay districts.
A.
General.
(1)
Purpose. The Town of Hillsdale declares that the protection of its stream corridors, aquifers, floodplains, historic resources, scenic areas, ridgelines, and farmland is an important public purpose and that, to the extent practicable, future development of the Town should minimize disturbance of these areas.
(2)
Effect of regulations.
(a)
In furtherance of the objective in Subsection A(1) above, the Town hereby creates overlay districts which regulate the use of these areas of public importance. The restrictions applicable in these districts are supplementary to, and do not replace, the underlying use, density, and dimensional regulations in each base zoning district.
(b)
These regulations do not limit or reduce the allowable density of residential development permitted in Article IV.
(c)
In considering any application for special permit, site plan, subdivision, or zoning amendment, the Zoning Board of Appeals, Planning Board, or Town Board shall attempt, to the extent practicable, to maintain the areas delineated in preservation overlay districts as open space, directing permissible development into those areas not mapped as overlay districts.
(3)
Mapping of districts. The Town Board may adopt and revise, as part of the Zoning Map Series described in § 245-11, an overlay district map or maps delineating the districts established herein. The provisions of this section shall take effect only when each overlay district created herein has been placed on a specific map.
(4)
Interpretation of boundaries. In the event of uncertainty as to the exact boundaries of any overlay district, the Zoning Board of Appeals shall interpret this chapter by designating the exact boundary pursuant to the criteria established below for creating each overlay district, with information prepared by a professional consultant as provided in § 245-11E, if necessary.
(5)
Overlapping districts. Where two or more overlay districts occur on the same parcel, the reviewing Board shall balance the objectives of each district and shall use its discretion, where necessary, in compromising between these objectives.
B.
Stream Corridor Overlay District (SC).
(1)
Purpose. The protection of stream corridors is essential to the maintenance of water quality and the scenic beauty of the Town. It is, therefore, necessary to protect these stream corridors from sedimentation and water pollution.
(2)
Boundaries. The Stream Corridor Overlay District shall consist of all lands lying within 200 feet of either side of the center line of all streams classified by the New York State Department of Environmental Conservation, as well as such other streams and tributaries as may be designated and mapped by the Town Board. Where these streams are split into two or more channels by islands, the SC District shall include such islands, and district boundaries shall be measured from the center lines of the outer channels.
(3)
Regulations. The Stream Corridor Overlay District regulates activities within the delineated corridors. Within this district, a special permit shall be required for any construction, filling, excavation, clear-cutting of more than 10,000 square feet of vegetation over a five-year period, grading or other alteration of the natural landscape, application of fertilizers or pesticides, or dumping or disposal of any materials. This regulation shall not apply to agricultural uses existing as of January 1, 1995.
C.
Agricultural Preservation Overlay District (AG).
(1)
Purpose. It is in the interest of the Town to protect the best agricultural lands from development in order to preserve the rural character of the Town and to maintain the availability of agricultural soils for productive use. The Town therefore seeks to channel development away from such farmland. In addition to the protections of the AG District under this section, agricultural uses are protected from conflicts with surrounding uses under the provisions of § 245-45.
(2)
Boundaries. The Agricultural Preservation Overlay District shall consist of those agricultural lands which are in the Columbia County Agricultural District No. 1, No. 6 and No. 8 (under Article 25AA of the New York State Agriculture and Markets Law).
[Amended 6-19-2012 by L.L. No. 2-2012]
(3)
Procedure.
(a)
Any land use approval (including minor subdivisions) that includes the subdivision or development of mapped agricultural land shall, to the extent practicable, designate the most publicly visible and productive agricultural lands as perpetual open space.
(b)
In reviewing residential subdivisions, the Planning Board shall require an applicant for subdivision to place home sites, insofar as practicable, on those portions of a tract of land that do not contain soils classified as "prime" or "statewide important" by the United States Department of Agriculture Natural Resources Conservation Service. This shall not reduce the number of lots permitted under the provisions of Article IV. Lots may be located on prime or statewide important farmland soils where, because of topography, soil conditions, visual and other environmental impacts, and cost, it is impractical to locate them elsewhere.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(c)
In reviewing any site plan or special permit application, the Planning Board or Zoning Board of Appeals shall require that structures (except farm structures) and impermeable surfaces be located, insofar as practicable, on those portions of a tract of land where they will have the least negative impact on agricultural soil potential and agricultural operations.
(4)
Right-to-farm. No provision of this chapter shall be interpreted, administered, or enforced in a manner that unreasonably restricts agricultural structures and normal farming practices occurring on land that lies within a Certified Agricultural District established pursuant to Article 25AA of the New York State Agriculture and Markets Law, unless such restrictions are necessary for the protection of public health and safety.
D.
Scenic/Ridgeline/Historic Overlay District (SH).
(1)
Purpose. The Town wishes to preserve its visual assets, including historic structures and other historic features, ridgelines, and scenic road corridors and vistas, by channeling development away from those areas and onto lands that do not have scenic and historic significance. Where development occurs in these visually sensitive areas, the Town wishes to ensure that such development is harmonious with their existing character through site plan review.
(2)
Boundaries. In furtherance of this purpose, the Town may conduct an historic and scenic resources survey which specifically identifies historic and scenic resources and ridgelines worthy of preservation. At such time as the Town Board approves a map identifying historic and scenic resources based on this survey, those locations identified on the map shall be protected by the provisions of this section. The specific areas to be protected may include:
(a)
All lands within 500 feet of any identified historic resource which is visible from that resource.
(b)
Areas within a scenic viewshed that are within 200 feet of a ridgeline as seen from a public road or other public place, or visible within 1,000 feet of public viewing areas specifically identified on the map.
(c)
Lands along designated scenic road corridors that are visible within 500 feet of the center line of such scenic roads.
(3)
Procedure.
(a)
No new structures larger than 500 square feet in floor space, including single-family homes, and no major exterior modifications or expansions of existing structures may be constructed within the SH Overlay District without first obtaining site plan approval from the Planning Board.
(b)
In order to grant site plan approval for a proposed structure or for an exterior alteration of a structure visible within 500 feet of a mapped historic resource (including the alteration or demolition of such historic resource itself), the Planning Board must find that such structure or alteration is architecturally compatible with surrounding historic structures and that the important historic features of the site have been preserved in the site plan. The Planning Board may require, as a condition of approval, the execution of a perpetual historic preservation easement to ensure the maintenance of the historic character of the site.
(c)
Structures to be built on a tract of land that includes land within a mapped scenic viewshed or ridgeline protection area shall either be sited to avoid occupying or obstructing public views of lands in the overlay district or shall be reviewed for architectural compatibility with the existing landscape and surrounding architectural styles. In order to grant site plan approval, the Planning Board must find that such structures will not detract from the scenic character of the area. The Planning Board may require, as a condition of approval, the establishment of vegetative screening and/or the execution of a perpetual scenic conservation easement to ensure the protection of the viewshed.
E.
Aquifer Overlay District (AQ).
(1)
Purpose. The Town wishes to preserve and maintain the quality and quantity of groundwater found in the Town's aquifers by prohibiting or controlling those uses and activities which may cause short-term or long-term harm to groundwater sources.
(2)
Aquifer Overlay District Description.
(a)
The AQ District consists of areas containing aquifers as shown on the map entitled "Town of Hillsdale, Columbia County, NY, Aquifer Overlay District" dated November 21, 2015. The Town Board finds that the protection of these aquifer areas from degradation and pollution is in the Town's interest because of present or projected future use of such aquifers as public or private water supplies.
[Amended 4-12-2016 by L.L. No. 1-2016]
(3)
Applicability.
(a)
An applicant for any development requiring a building permit or other land use approval shall be subject to the provisions of this subsection. Compliance shall be required as a condition of approval of any such action within the AQ District. The applicant shall show, on any required submissions, the location of any portion of the subject property which lies within the AQ District as identified on the Aquifer Overlay District Map.
(b)
Existing development, uses, or activities located within the AQ District are not subject to the requirements of this chapter and are considered nonconforming uses or activities. Any change in a permitted nonconforming use or activity will be subject to the requirements of the AQ District. Notwithstanding the foregoing, if any nonconforming uses are found to pose a potential or imminent health hazard, they shall be deemed violations of this chapter.
(c)
It shall be presumed that a proposed single-family residential use and structure, including appurtenant residential structures to the same, are in compliance with the provisions of § 245-28E(6) of this chapter, unless it is apparent in the course of a review by the Building Inspector, Code Enforcement Officer, Zoning Board of Appeals, or Planning Board that the proposed use or structure may result in the contamination of groundwater in violation of § 245-40C of this chapter, or may adversely effect the flow of groundwater to the surrounding area in violation of § 245-28E(6)(a) of this chapter, in which event, such proposed use or structure shall not be approved in the absence of satisfactory proof that such violation will not occur.
[Added 4-12-2016 by L.L. No. 1-2016]
(4)
Review of actions. The Zoning Officer and any board approving a proposed action pursuant to Subsection E(3)(a) above shall be responsible for assuring compliance with the provisions of this section. In addition to the maps, plans, and information required for such authorizations, or for review under the New York State Environmental Quality Review Act, the reviewing board or Zoning Officer may require such additional information, analysis, or documentation as may be appropriate to consider adequately the particular action proposed.
(5)
Decision. Every decision on proposed actions in the AQ District shall include written findings of fact, specifying the reason or reasons for such decision, and shall set forth any limitations, conditions, or safeguards imposed to satisfy the requirements of this section.
(6)
Standards. No proposed action within the AQ District shall be approved unless the reviewing board or official finds that, based upon available information, analysis, and evidence, the proposed action will not:
(a)
Significantly alter the subsurface flow of groundwater to private water supply wells and existing and potential public water supply wells. This standard shall not apply to a proposed public water supply well.
(b)
Degrade the quality of groundwater through the introduction of sewage or other organic wastes, stormwater runoff, liquid chemicals, petroleum products, dissolved metals, or other toxic substances.
(c)
Increase the long-term risk of groundwater contamination through the siting, establishment, or expansion of uses which store, transport, or utilize significant quantities of material which is potentially harmful to groundwater quality.
(d)
Increase the long-term risk of groundwater contamination through the introduction of relatively small quantities of hazardous or toxic substances which, over a period of time, may accumulate in groundwater.
(e)
Increase the risk of groundwater contamination through the removal of soil, sand, stone, or gravel necessary to provide a protective mantle for groundwater.
(f)
Reduce to less than five feet the separation between the surface of the ground and the seasonal high-water table.
(7)
Agricultural uses and structures. No provision of the Aquifer Overlay District regulations shall be interpreted, administered, or enforced in the manner that unreasonably restricts or regulates agricultural structures or normal farming operations occurring on land located in a certified agricultural district established pursuant to the provisions of the New York State Agriculture and Markets Law, unless it can be shown that such restrictions are required for the protection of public health and safety.
[Added 4-12-2016 by L.L. No. 1-2016]
F.
Floodplain Overlay District (FP). Development of land lying within an area of special flood hazard (100-year floodplain), as defined in Local Law No. 1 of the year 1987[1] or in any succeeding local law regulating floodplains, shall require compliance with such Local Law. Areas of special flood hazard are shown on the Flood Insurance Rate Map (FIRM), available in the office of the Town Clerk.
§ 245-29 Soil Mining Overlay District (SM).
[NOTE: If desired by the Town, this district would be the only area where soil mining is allowed.]
§ 245-30 Village Mixed-Use (Industrial/Office/Residential) Floating District (VM).
A.
Purpose. The purpose of this floating district is to enable the Town Board to permit, on a case-by-case basis, mixed-use developments that include significant employment opportunities while providing residential facilities that allow employees to live close to their jobs, as well as limited commercial development to serve such employment and residential facilities. The design and layout of such planned developments shall follow the pattern of settlement found in traditional villages of New York State and New England, as set forth in the Appendixes.[1] Commercial uses in the VM District shall avoid duplicating the retail and service businesses located in the hamlet of Hillsdale, with the exception of convenience stores and restaurants for local use. Provision is made for this floating district for light industrial and office development because the Town Board finds such enterprises appropriate in diversifying the Town's economy and tax base, provided that they do not detract from its rural character or from the economic vitality of the hamlet of Hillsdale. Because industrial and office development tends to increase the demand for housing and increase housing costs, the Town Board may require that a VM District contain housing units to help meet this additional demand. The granting of authority to establish an industrial/office village development shall be subject to the conditions set forth below, the requirements of Article VII, Site Plan Approval, and such other reasonable conditions as the Town Board in its discretion deems appropriate.
[1]
Editor's Note: The Appendixes are on file in the office of the Village Clerk.
B.
Procedure.
(1)
Application for the establishment of a VM District shall be made to the Town Board pursuant to the zoning amendment provisions of Article XII of this chapter. The project application shall state the proposed uses for the property and shall include a schematic site plan showing the approximate size, height, and location of proposed structures, parking areas, roads, open space, and other facilities. The Town Board may, in its sole discretion, reject an application for a VM District at any time prior to final adoption of a zoning amendment.
(2)
Within one year of the date the Town Board adopts a zoning amendment creating a VM District, the applicant shall apply to the Planning Board for site plan approval pursuant to Article VII of this chapter. The Planning Board shall grant site plan approval if it finds that the site plan satisfies the standards and criteria in this section and in Article VII of this chapter, and that the site plan is substantially similar to the schematic site plan approved by the Town Board. If a period of more than one year passes between Town Board approval and submission of a site plan application, the VM designation shall lapse and the property shall revert to its prior zoning classification, unless the VM District designation is extended by the Town Board.
(3)
The granting of permission for the establishment of a light industrial and/or office use in the VM District by the Town Board shall be limited to the specific proposal presented for approval within the area designated, according to the plans and specifications submitted.
C.
Criteria. In considering an application for designation of a VM District, the Town Board shall follow the special permit criteria set forth in § 245-35A, as well as the following criteria:
(1)
The project must be designed, located, and operated so as to protect the public health, safety, and welfare of the community.
(2)
The project must not cause substantial injury to the value of other property in the neighborhood in which it is to be located.
(3)
The project must not cause undue traffic congestion or create a traffic hazard.
(4)
The project must have safe and adequate access onto New York State Routes 22 or 23, and must be appropriately located with respect to water supply, sewage disposal, waste disposal, fire protection, and other necessary services and/or facilities.
(5)
The proposed uses must be suitable for the site, must not impose a threat of pollution of the natural resources of the Town, must not pose a threat to valuable ecological or wildlife resources, must not create the likelihood of a substantial increase in local housing costs, and must be designed in accordance with the standards specified in § 245-30E below. If the project will result in the creation of more than 50 permanent jobs, it must include housing opportunities sufficient to accommodate at least 25% of the proposed work force.
D.
Allowable uses. The following uses, operations, or activities are allowed in a VM District established by the Town Board:
E.
VM District design guidelines.
(1)
VM Districts shall meet the following requirements:
(b)
At least 40% of the land on a tract zoned VM shall be set aside as perpetual open space pursuant to the provisions of § 245-22 of this chapter.
(c)
In addition to the dimensional requirements set forth above, no office, industrial, or commercial use, structure, or operation within a VM District, including but not limited to accessory uses such as parking and loading areas, shall be permitted within 100 feet of the RU or HM Districts.
(d)
The minimum setback areas set out in Subsection E(1)(a) above shall include buffering. This required buffer area shall be landscaped with trees and shrubs sufficient in size and quantity to effectively screen any industrial or office uses from any public road and from any existing or future uses abutting the VM District. Existing trees within the required buffer area shall be preserved to the maximum extent possible.
§ 245-31 Ridgeline regulation.
[Added 6-1-2007 by L.L. No. 6-2007]
A.
Ridgeline Overlay District.
(1)
Findings and purposes. Special protection of ridgeline areas that are highly visible both from within Hillsdale and from locations in surrounding towns is necessary to preserve the attractive rural quality of the Town and the bi-state region in which it is located. The Town of Hillsdale both contributes to and benefits from the scenic beauty of the Taconic region as a whole, including all towns which are visible from Hillsdale and from which Hillsdale can be seen, whether they are located in New York or Massachusetts. It is in the mutual public interest of all towns in this region to protect scenic beauty in the region by considering the impacts of development on surrounding towns. The purpose of this section is to protect the Town's scenic beauty and rural character and the scenic beauty of the Taconic region by regulating land use within the Ridgeline Overlay District. This section is intended to afford special protection to those sections of ridgeline areas having an elevation greater than 1,100 feet above sea level. In particular, it is intended to use existing review procedures under this chapter to limit alterations of ridgelines located in Hillsdale from development, including clear-cutting, to ensure that such development is harmonious with the existing characteristics of these ridgeline areas and areas in New York and Massachusetts from which Hillsdale's ridgelines are visible. The Town recognizes that is has the legal power to regulate the use and development of only that land which is located within its borders, but it also recognizes that it has the right and the responsibility, in regulating land development in the Town, to consider the impacts of such development on both Hillsdale and surrounding towns. Viewsheds, like water, air, traffic, and wildlife migration, are inherently intermunicipal and regional in character. The impacts of development do not stop at Town or state lines. Therefore, it is a legitimate public purpose for the Town to consider these intermunicipal and regional impacts in the same manner as it considers the impacts of development in Hillsdale on water quality, drainage, air quality, wildlife migration, and traffic in adjoining municipalities on both sides of the state line. The State Environmental Quality Review Act (SEQRA), (Article 8 of the Environmental Conservation Law) and the regulations promulgated under SEQRA establish the protection of viewsheds as the public policy of the State of New York and require the consideration of intermunicipal visual impacts in local decisionmaking.
[Amended 11-4-2014 by L.L. No. 2-2014]
(2)
Ridgeline Overlay District defined. The ridgeline areas to which these regulations apply shall be all areas of the Town having an elevation of 1,100 feet or more above sea level, as shown on the ridgeline overlay map.
(3)
Ridgeline regulation effect on land uses.
(a)
Within the Ridgeline Overlay District, all of the underlying land use district regulations shall remain in effect, except as they are specifically modified by this section. In case of conflict between this section and any other section of this chapter, this section shall control.
(b)
The site plan approval standard and provisions of this section shall be complied with in the course of any otherwise required site plan or special permit approval, subdivision approval, variance proceeding, or zoning amendment (collectively referred to as a "development application"), and for all applications for building permits for properties located in the Ridgeline Overlay District. Where no other reviews apply, the provision of this subsection shall be implemented by site plan approval conducted pursuant to Article VII.
(c)
Within the Ridgeline Overlay District, no structures, other than those used for single-family residential and agricultural uses, and customary accessory structures for such uses, may have a footprint area greater than 3,000 square feet. The intent of this provision shall not be evaded through the placement of multiple large buildings on the same site or otherwise in a pattern that is inconsistent with the scale and character of the Town.
(d)
In the case of subdivision approvals in the Ridgeline Overlay District, the Planning Board may require applicants to submit flexible lot subdivisions that preserve undeveloped land that is with the Ridgeline Overlay District to the maximum extent practical, as provided in § 245-22G.
(e)
Building permits in the Ridgeline Overlay District shall be issued in two stages:
[1]
Stage One permits shall cover the construction of access roads, sited clearance (including removal of trees and other vegetation), grading, and provisions for drainage and erosion control;
[2]
Stage Two permits shall be for the construction of driveways, buildings and other improvements, including final grading and required landscaping.
(4)
Site plan approval requirement. Within the Ridgeline Overlay District, site plan approval by the Planning Board, pursuant to Article VII, shall be required for the following activities or uses, even if such activities or uses are allowed by right without site plan approval by the Use Table in § 245-15 (for example, the construction of a dwelling upon an existing lot):
(a)
Construction of any structure or any addition to a structure greater than 500 square feet in footprint area, including residential and residential accessory structures.
(5)
Site plan approval exemptions.
[Amended 11-4-2014 by L.L. No. 2-2014]
(a)
Within the Ridgeline Overlay District, the site plan approval requirement shall not apply to:
[1]
Agricultural uses, except for agricultural structures with a footprint exceeding 15,000 square feet;
[2]
Repair and maintenance of existing structures;
[3]
Activities carried out pursuant to a site plan or special permit approved subsequent to the enactment of this § 245-31 of this chapter (but not a subdivision), approved prior to the enactment of this section;
[4]
Clear-cutting, thinning of vegetation, and grading associated with construction of unpaved hiking trails, not exceeding four feet in width.
(b)
In addition to the above exemptions, if the Planning Board determines that the proposed development will not be visible from a publicly accessible road, it shall pass a resolution declaring the project exempt from review under this § 245-31A. For purposes of this § 245-31A "visible from a publicly accessible road" shall mean visible in any season from any street, highway, or road that is open for public use, whether privately owned or owned by a state, county, or municipality, whether or not the road is located in the Town of Hillsdale or the State of New York, or in the Commonwealth of Massachusetts.
(6)
Additional submission and conservation analysis requirements for Ridgeline Overlay District. In addition to the otherwise applicable submission requirements for development applications, within the Ridgeline Overlay District the following additional information shall be submitted:
(a)
Visual environmental assessment form (visual EAF addendum) or other visual assessment analysis in order to assist the reviewing board in assessing the visual impact.
(b)
A conservation analysis consisting of inventory maps, description of the land and an analysis of the conservation value of various site features. Applicants are encouraged to consult with appropriate agencies such as the Columbia Land Conservancy and the Columbia County Soil and Water Conservation District when preparing a conservation analysis. The Planning Board may waive some of the requirements below for portions of the property where no development is proposed or the collection of information listed below would be unreasonably burdensome to the property owner. The Planning Board may also waive any requirements that are deemed unnecessary for a complete conservation analysis. The conservation analysis shall normally show the following:
[1]
Wetlands, watercourses, slopes between 15% and 25%, and slopes over 25%;
[2]
Scenic viewsheds;
[3]
Buffer areas necessary for screening new development from adjoining parcel;
[4]
Stone walls and individual trees that are eighteen-inch-diameter at breast height (dbh) or larger;
[5]
Mapped areas of significant habitat based upon available mapping for biodiversity habitat values;
[6]
The location of all existing vegetation by general vegetation type as well as the identification of all vegetation proposed for thinning or clearing in connection with a development application, including identification of vegetation to remain after such thinning or clearing.
(c)
Conservation analysis shall describe the importance and the current and potential conservation value of all land on the site identified in Subsection A(6)(b) above. In the course of preapplication conferences and initial review, the reviewing board shall indicate to the applicant which of the lands identified as being of conservation value are most important to preserve.
(d)
The outcome of the conservation analysis in the board's determination shall be incorporated into any subdivision or site plan, showing land permanently preserved by conservation easement (if applicable), as well as recommended conservation uses, ownership, and management guidelines for such land. Such land shall also show preferred locations for intensive development as well as acceptable location(s) for less dense development. The Planning Board may designate specific building envelope(s) within which site clearing and building must occur.
(7)
General standards. Within the Ridgeline Overlay District, special permit, site plan, variance, and/or subdivision approval may only be granted if, with appropriate conditions attached, the proposed activity or development:
(a)
Will not result in a degradation of scenic character and will be aesthetically compatible with its surroundings, based on a visual environmental assessment form (visual EAF addendum) or other visual impact analysis sufficient to make this determination.
(b)
Will minimize the removal of native vegetation, including the opening up of scenic views and panoramas for the benefit of a private property owner.
(c)
Will locate and cluster buildings and other structures in a manner that minimizes their visibility from a public road.
(d)
Will be at least 40 feet below the crest line of any ridge and will not disturb the continuity of the tree line when viewed from any publicly accessible road. As used herein, "crest line" means the tops of trees as seen from any publicly accessible road or, if there are not trees, the natural ground elevation of the land. The only portions of a structure that may project higher than 40 feet below the crest line shall be a chimney, satellite dish, antenna, or cupola, which shall not be higher than 30 feet below the crest line.
(e)
Will not result in clearing a building site area greater than 20,000 square feet, including accessory structures (see § 245-25B) and parking areas, but excluding the area required for driveway and utility access. This building site area shall be designated on the approved plan by a building envelope(s), and all buildings and parking areas shall be located within the building envelope(s), except where additional clearing is required by the County Health Department for siting a subsurface sewage disposal system. Clearing for such disposal system shall occur, to the maximum extent practical, where it will not detract from the visual protection purposes of this section.
(8)
Agricultural district farm operations. Nothing contained in these ridgeline regulations is intended to unreasonably restrict or regulate farm operations within agricultural districts in contravention of Article 25-AA of the New York State Agriculture and Markets Law, unless it can be shown that public health or safety is threatened.
B.
Clear-cutting regulations.
(1)
Clear-cutting or thinning of trees or other vegetation shall be prohibited in any location where such clear-cutting will disturb the continuity of the tree line of a Ridgeline Overlay District.
(2)
Clear-cutting or thinning of trees or other vegetation in the Ridgeline Overlay District which does not disturb a tree line but is visible from a public road shall be allowed only upon site plan approval of the Planning Board, provided that:
(a)
Such activities minimize clear-cutting and comply with the most recent versions of timber harvesting guidelines for New York and best management practices, as promulgated by the New York State Department of Environmental Conservation (DEC) and available from the Town's Building Department; and/or
(b)
Such cutting is part of a forest management or wildlife habitat improvement plan prepared by a DEC-certified forester and approved by DEC or other professional or organization deemed acceptable by the Planning Board, and/or for which a separate logging permit has been issued by the Town of Hillsdale; and/or
(c)
Such cutting is part of a bona fide agricultural activity, including, but not limited to, Christmas tree farm operations; and/or
(d)
Such cutting is necessary to prevent an imminent threat to life, public safety, or property; and/or
(e)
Such cutting is necessary to minimize or repair damage arising from severe natural occurrences, such as ice, fire, and wind damage.
C.
Balloon testing. In connection with its review of an application within the Ridgeline Overlay District, the Planning Board may require the applicant to conduct a balloon test. The purpose of such test is to determine whether or not a proposed structure, clear cut, or other activity which will project above or interrupt the continuity of a crest line or tree line is described above, or otherwise adversely affects scenic quality.
D.
Remediation of illegal clear-cutting. Where clear-cutting of vegetation in excess of what is permitted under § 245-31 without approval has occurred for a site proposed for development prior to the submission of a development application, such clear-cutting shall be deemed a violation of § 245-31B, and the property owner shall be subject to all applicable penalties under § 245-74. In addition, the landowner may be required by the Zoning Officer or Town Board to restore the landscape to its prior condition to the maximum extent feasible by planting appropriate vegetation on the site. Such action may be taken pursuant to authority of § 245-74D. No building permit shall be granted for construction of any structure on such property for a minimum of five years after the violation is discovered to have occurred, unless the landscape has been restored to the satisfaction of the Planning Board. A violation of § 245-31B occurring during stage one of a building permit for construction in the Ridgeline Overlay District will result in the denial of a stage two building permit for the project. A violation of § 245-31B occurring during stage two of a building permit for construction in the Ridgeline Overlay District will result in a suspension of such building permit and/or the denial of a certificate of occupancy for the construction project.