Hurley City Zoning Code
ARTICLE VI
Supplementary Regulations
§ 210-20 Customary home occupations.
[Amended 9-21-1991 by L.L. No. 1-1991; 11-17-2008 by L.L. No. 2-2008]
Any person may conduct one or more businesses, trades or professions from his or her property as an accessory use, subject to site plan review (unless waived under Subsection I below) and in accordance with the following standards:
A.
There shall be no permanent indication of a home occupation from any adjacent property or street other than a sign subject to the following standards:
(1)
One freestanding sign not exceeding two square feet per face area and one wall sign not exceeding two square feet shall be permitted for any property. The height of such freestanding sign shall not exceed four feet.
(2)
In any NC, B-1, or B-2 District, such permitted signs shall be illuminated only by use of shielded light fixtures such that no glare escapes beyond the property line nor is projected out onto any street. These lights must be turned off by 10:00 p.m. local time.
(3)
In other zoning districts in the Town where home occupations are permitted, no sign shall be illuminated.
B.
Home occupations shall be conducted only within the principal building on the lot and/or a permitted accessory structure.
C.
The total floor area designed for and allotted to all home occupations shall not exceed 40% of the total floor area of the principal building on the site, or 750 square feet, whichever is lesser, unless otherwise restricted by the New York State Uniform Building Code.
D.
No more than four persons who are not residents of the dwelling unit shall be employed in the home occupation.
E.
Materials or equipment used in a home occupation shall not be stored or displayed outside the dwelling or permitted accessory structure, except outside storage is permitted on lots of five acres or more if such storage is screened from the view of all adjacent properties and streets.
F.
At least one but no more than four parking spaces shall be provided for home occupations, in addition to those required for the principal residential use. Such spaces may be provided in the driveway but not elsewhere in any required front yard. Parking on a public street shall not be considered as satisfying this requirement.
G.
The home occupation shall not result in traffic, noise, vibration, odor, smoke, glare or electrical interference beyond that normally generated by permitted uses in the same zoning district.
H.
Proof of residency. The Town may require from the individual operating or proposing a home occupation to document that he or she is a resident of the site with an affidavit or other legal documentation.
I.
Waiver of site plan. Site plan approval shall not be required for any home occupation that meets the following criteria:
(1)
The home occupation is conducted entirely within the existing residence or an existing conforming accessory structure, with no new buildings or building additions proposed.
(2)
The home occupation has no outside employees other than the resident(s) of the property, and does not propose nor require any additional parking under § 210-29 of this Code.
(3)
The home occupation proposes one sign not exceeding two square feet in area per sign face in a location that conforms to all applicable setbacks and further proposes no illumination for the sign.
(4)
The home occupation proposes no outdoor storage of goods, materials or equipment of any kind.
§ 210-21 Excavations. [1]
A.
Any proposed excavation adversely affecting natural drainage or structural safety of adjoining buildings or lands shall be prohibited. Excavations shall not create any noxious or injurious substance or condition or cause public hazard.
B.
In any district, excavation relating to the construction, on the same lot, of a building or structure for which a building permit has been issued shall be permitted. In the event that construction of a building or structure is stopped prior to completion and the building permit is allowed to expire, the premises shall immediately be cleared of any rubbish or building materials, and any excavation with a depth greater than two feet below existing grade shall immediately be filled in and the topsoil replaced or all such excavations shall be entirely surrounded by a substantial fence at least six feet high that will effectively block access to the area in which the excavation is located.
§ 210-22 Activity standards.
In any district, the following standards for activities shall apply:
A.
No offensive or objectionable vibration, odor or glare shall be noticeable at or beyond the property line.
B.
No activity shall create a physical hazard by reason of fire, explosion, radiation or other such cause to persons or property in the same or adjacent district.
C.
There shall be no discharge of any liquid or solid waste or of any materials of a nature that may contaminate any water supply, including groundwater supply, into any stream or body of water or any public or private disposal system or into the ground.
D.
There shall be no storage of any material, either indoors or outdoors, in such a manner that it facilitates the breeding of vermin or endangers health in any way.
E.
The emission of smoke, fly ash or dust which can cause damage to the health of persons, animals or plant life or to other forms of property shall be prohibited.
§ 210-23 Planned new streets.
After the planned right-of-way line for future streets, for future extensions of existing streets or for future street widening is established on the Official Map, if any, buildings and structures shall be set back from such line as though it were a street line.
§ 210-24 Accessory buildings and uses.
A.
Accessory buildings not attached to principal buildings shall be located no closer to the principal building than 12 feet or a distance equal to the height of each accessory building, whichever is greater.
B.
Accessory uses and structures in residential districts. The following activities and improvements are permitted "as of right" to any residential use.
[Amended 11-17-2008 by L.L. No. 2-2008]
(1)
Accessory uses not enclosed in a building, including tennis courts, shall be located only on the same lot as the principal structure; and further may not be located in the side or front yards of such lot and shall be distant not less than 20 feet from any lot line nor less than 10 feet from the principal structure.
(2)
Unenclosed swimming pools may be located within the required rear yard or within that portion of the required side yard that does not overlap, and is outside of, the required front yard. Swimming pools must be located no closer than five feet to any lot line and 10 feet to the principal structure.
(3)
No boat or truck over one-ton capacity shall be stored on any residential lot, except to the rear of the dwelling and may be stored or parked within the required rear yard setback.
(4)
Operation of a family day-care home, as defined in § 413.2(i) of the Regulations of the New York State Department of Social Services, and group family day-care home, as defined in § 413.2(j) of the Regulations of the New York State Department of Social Services, accessory to any one- or two-family dwelling.
(5)
A parish house, rectory, parsonage or study as an accessory to a church or other place of worship.
(6)
Such accessory uses shall not adversely affect the character of the residential neighborhood by reason of noise or glare or safety.
(7)
Accessory uses, parking areas, driveways, storage areas, and accessory buildings and structure, to nonresidential uses not permitted in a residential district shall not be permitted in such residential district. However, water supply wells and underground sewage disposal systems for nonresidential uses not permitted in a residential district may be permitted in a residential district subject to the following requirements: if the setback is at least 25 feet from any property line in the residential district, if the property is appropriately landscaped and if a complete site plan, inclusive of grading and landscaping details, is approved by the Planning Board in accord with § 210-41.
(8)
One accessory building, shed or structure which is under 144 gross square feet, single story may be located within the required rear yard or within that portion of the required side yard that does not overlap, and is outside of the required front yard. Such a structure must be no closer that five feet to any lot line.
[Added 1-21-2018 by L.L. No. 3-2018]
C.
Accessory uses and structures in nonresidential districts.
[Added 9-21-1991 by L.L. No. 1-1991; amended 11-17-2008 by L.L. No. 2-2008]
(1)
Permitted accessory uses and structures include parking areas, driveways and storage areas and related buildings and structures; and clinics, cafeterias and recreational facilities, accessory to any nonresidential use, for the exclusive use of company employees, officers and their guests.
(2)
Temporary structures for storing equipment and supplies used in conjunction with construction are permitted pursuant to an approved site plan or subdivision for up to two years or until a certificate of compliance has been issued, whichever is sooner.
(4)
Exterior storage of goods, materials or products is permitted, provided that setbacks are complied with and screening, in accordance with the standards of § 210-29I(4) below, and subject to a site plan approval by the Planning Board in accordance with § 210-41.
(5)
The following structures accessory to a commercial or industrial use are permitted within a front setback: gatehouse; watchman's post; approved signs; lighting and flagpoles.
D.
Accessory stables for horses. The keeping of horses as an accessory use as listed in § 210-10 of these regulations, on a residential lot, or on a vacant lot, shall be permitted only in accordance with the following standards:
[Added 11-24-2003 by L.L. No. 2-2003]
(1)
Such use shall take place and be conducted only by the owner of said lot(s).
(2)
Such use shall take place on a lot that has a minimum area of five acres; and there shall be provided an additional three acres of lot area for each additional horse.
(3)
Buildings containing horse stables shall not be located within 100 feet of any property or street line.
(4)
Fences or similar livestock enclosures shall be located no closer than 20 feet to any lot line.
(5)
The storage of manure or areas for storage of odor- or dust-producing substances or uses shall not be permitted within 100 feet of any property line or street line, and further shall not be permitted within 200 feet of the nearest residential structure on any adjoining property, including any property located across the street from the location of the agricultural use. Such storage shall not be located closer than 200 feet to any private or community water supply well on any adjacent lot.
(6)
Farm operations within a New York State designated agricultural district shall be exempt from the provisions of this subsection.
§ 210-25 Corner clearance.
For the purpose of minimizing traffic hazards at street intersections, on any corner lot, no obstructions between a height of two and one-half feet and 10 feet above the adjacent top-of-curb elevation shall be permitted to be planted, placed, erected or maintained within the triangular area formed by the intersecting pavement lines or their projections, where corners are rounded, and a straight line joining the pavement lines at points 50 feet distance from their point and intersection.
§ 210-26 Fences and walls.
In any residence district, walls and fences up to six feet in height shall be permitted anywhere on a lot except where corner sight clearances are required for traffic safety. In any business or industrial district, there shall be no restriction on fences or walls, except on a residential district boundary line where such fences or walls shall be limited to eight feet in height and except where corner clearances are required.
§ 210-27 Keeping of chickens and bees. [1]
[Added 10-25-2022 by L.L. No. 6-2022]
A.
Chickens. To facilitate public understanding and for convenience in administration, and to avoid potential impacts on neighboring properties, as well as providing for the health and welfare of the chickens, the keeping and raising of chickens in R-1 and R-2 residential zones for personal use is permitted with the following restrictions:
(1)
For properties under 1/2 acre, no more than six hens may be housed on the property at any time. Properties 1/2 acre or larger may have up to 10 hens. No roosters, guinea hens or peacocks are permitted.
(2)
The raising of the chickens is for personal use only. Sale of eggs, chickens, and manure may not be commercially offered for sale with the exception of incidental sale of eggs.
(3)
The coop must be set back a minimum of 50 feet from the property line. It must be enclosed on all sides and roofed, with adequate ventilation and room for perching.
(4)
Provision must be made for the storing of feed in a dry container.
(5)
Chicken manure must be properly composted in a sanitary and best practices manner as per Cornell University College of Agriculture guidelines or periodically removed from the premises. Composting of manure shall be permitted no closer than 50 feet to any wellhead, lot line, stream or other body of water.
(6)
If the presence of chicken manure shall lead to excessive odors or unsanitary conditions such as the attraction of pests, insects or rodents, such condition must be rectified to this chapter or the right to keep chickens may be revoked.
(7)
The area set aside for exercise must be adequately fenced to contain the chickens to the owner's property so as not to create a nuisance to nearby property owners or a safety hazard to the animals themselves.
(8)
Those lands located in a New York State Certified, Ulster County Agricultural District are exempt from the above.
B.
Beekeeping.
(1)
The number of hives depends on the size of the property, the buffer space between the homeowner and the nearest neighbor. Hives shall be set back a minimum of 10 feet from the property line.
(2)
All bee colonies shall be kept in inspectable hives consisting of moveable frames. Hives shall be continually managed to provide adequate living space for their resident bees to prevent swarming. A water source shall be provided on property to discourage the bees from migrating to water sources on adjacent public or private property.
(3)
Hives are best placed as far away from neighboring properties, roads, sidewalks, trails, and other pedestrian rights-of-way. Hive entrances should face in a direction so that bees leaving the hive fly across the owner's property. If bees are flying into public right-of-ways and/or directly onto neighbors' properties, you must redirect flight paths up and away from neighboring properties and public right-of-ways by using six-foot barriers such as hedges, shrubs, fabric, or fencing erected in front of the hive entrance.
(4)
When there is evidence of disease the hive must be treated to avoid spreading the disease to other neighboring hives.
[1]
Editor’s Note: Former § 210-27, Commercial parking lots, as amended, was repealed 11-17-2008 by L.L. No. 2-2008.
§ 210-28 Transition buffers.
A.
Where a lot in a business district abuts a lot in a residence district, there shall be provided along such side or rear lot line in the business district abutting a residence district a wall, fence, compact evergreen hedge or a landscaped strip of trees or shrubs so designed as to form a visual screen not less than six feet in height at the time of planting. Except for landscaped areas and parking areas, a use which is not conducted within a completely enclosed building shall be screened by a six-foot solid masonry wall, chain link fence covered with an evergreen vine or compact evergreen hedge.
B.
Where a lot in an industrial office district abuts a lot in a residential district, such lot in the industrial district shall meet the requirements of § 210-30D(2)(e) and (g).
§ 210-29 Off-street parking and loading requirements.
In all districts, off-street automobile parking spaces and truck loading areas for the various permitted uses shall be required at the time any of the main buildings or structures of such uses are constructed or altered as follows:
A.
Required off-street automobile parking spaces. The minimum cumulative number of spaces shall be determined by the amount of dwelling units, bedrooms, floor area, members, equipment, employees and/or seats contained in such new buildings or structures or added by alteration of the buildings or structures, and such minimum number of spaces shall be maintained by the owners of such buildings or structures as follows:
(1)
Office, business and commercial uses:
(a)
For a retail business or service, bank or post office: one space for each 200 square feet of customer floor area.
(b)
For an office, including professional, personal service, public utility or public: one space for each 300 square feet of gross office floor area.
(c)
For a restaurant, bar or nightclub: one space for each 50 square feet of customer floor area.
(d)
For a funeral home: one space for each five seats of auditorium capacity.
(e)
For any commercial use: one space for each company vehicle.
(f)
For a hotel: one space for each two bedrooms.
(g)
For a motel, vacation resort and bed-and-breakfast: one space for each bedroom, plus one space for each four employees.
[Amended 11-17-2008 by L.L. No. 2-2008]
(h)
Spaces in municipal parking lots designed to serve nongovernmental uses where provided may be credited toward the parking requirements for these nonresidential uses, provided that:
[1]
These spaces are within 400 feet of the uses to be served.
[2]
The parking needs of existing facilities (within 400 feet and computed on the same basis as for new facilities) are satisfied first and only excess capacity is used for this purpose.
[3]
A special permit for such use is obtained from the Planning Board.
[Amended 4-8-1999 by L.L. No. 1-1999]
(2)
Light industrial office uses:
(a)
One space for each 400 square feet of floor area devoted to manufacture, including printing, publishing and laundry or dry-cleaning plants.
(b)
One space for each 2,000 square feet of floor area devoted to storage or stationary operating equipment.
(c)
One space for each 3,000 square feet of area devoted to outside storage, including used car lots and equipment rental or sales yards.
(d)
For any industrial use: one space for each company vehicle.
(3)
Public and semipublic uses:
(a)
For places of public assembly (including churches): one space for each six seats of auditorium or stadium capacity.
(b)
For an elementary school or day nursery: two spaces for each classroom.
(c)
For a high school or college: five spaces for each classroom.
(d)
For a museum, art gallery, institution or philanthropic use: one space for each 800 square feet of gross floor area.
(e)
For a hospital, sanitarium, nursing or convalescent home: one space for each two beds.
(f)
For a club: one space for each 200 square feet of gross floor area.
(5)
Residential uses:
(a)
For dwellings: two spaces for each dwelling unit to be provided on a buildable portion of the lot.
(b)
For a customary home occupation or professional office in a dwelling unit: one space for each 200 square feet devoted to such customary home occupation or professional office, plus the required space per dwelling unit.
(c)
For a boardinghouse: one space for each bedroom.
(d)
For a short-term rental: one space for each bedroom and one additional space, in addition to what is otherwise required for the dwelling.
[Added 9-13-2021 by L.L. No. 2-2021]
(6)
For uses not listed herein: as established by the Planning Board.
[Amended 4-8-1999 by L.L. No. 1-1999]
B.
Calculation of required spaces. In the case of a combination of uses, the total requirements for off-street automobile parking spaces shall be the sum of the requirements for the various uses, unless it can be proven that staggered hours of use would permit modification. Whenever a major fraction of a space is required, a full space shall be provided.
C.
Dimensions for off-street automobile parking space. Such space provided shall be at least nine feet wide and 20 feet long, and every space shall have direct and usable driveway access to a street or alley with a minimum maneuver area between spaces as follows:
(1)
Parallel curb parking: five feet end to end with an aisle width of 12 feet for one-directional flow and an aisle width of 24 feet for two-directional flow.
(2)
Thirty-degree parking: an aisle width of 13 feet for one-directional flow and an aisle width of 26 feet for two-directional flow.
(3)
Forty-five-degree parking: an aisle width of 16 feet for one-directional flow and an aisle width of 26 feet for two-directional flow.
(4)
Sixty-degree parking: an aisle width of 21 feet for one-directional flow and an aisle width of 26 feet for two-directional flow.
(5)
Perpendicular parking: an aisle width of 26 feet for one-directional and two-directional flow.
D.
Location of required spaces.
(1)
In any residential district, required automobile parking spaces shall be provided on a buildable portion of the same lot and shall not encroach on any required yards or required open area.
(2)
In business districts or industrial districts, such spaces shall be provided on the same lot or not more than 400 feet therefrom.
(3)
In any nonresidential district, no open or enclosed parking area shall encroach on any required front yard or required open areas. Open parking areas may encroach on a required side or rear yard to within three feet of a property line.
[Amended 11-17-2008 by L.L. No. 2-2008]
(4)
No entrance and exit drives connecting the parking area and the street shall be permitted within 25 feet of the intersection of two public rights-of-way.
E.
Required off-street truck loading areas:
(1)
For funeral homes: one berth for each chapel.
(2)
For hotels, motels and vacation resorts: one berth for floor area in excess of 10,000 square feet.
[Amended 4-8-1999 by L.L. No. 1-1999]
(3)
For office, business and commercial uses: one berth for 10,000 square feet to 25,000 square feet of floor area and one additional berth for each additional 25,000 square feet of floor area.
(4)
For manufacturing and permitted industrial uses: one berth for the first 10,000 square feet of floor area and one additional berth for each additional 40,000 square feet of floor area.
(5)
For other permitted nonresidential uses: one berth for 10,000 square feet to 25,000 square feet of floor area and one additional berth for every additional 25,000 square feet of floor area, unless it can be proven that truck deliveries shall not exceed one vehicle per day.
[Amended 4-8-1999 by L.L. No. 1-1999]
F.
Dimensions for off-street loading berths. Each required loading berth (open or enclosed) shall have the following minimum dimensions: 35 feet long, 12 feet wide and 14 feet high, except that berths for funeral homes may be 20 feet long, 10 feet wide and 8 feet high.
G.
Location of required berths.
(1)
All off-street loading areas shall be located on the same lot as the use for which they are permitted or required. Open off-street loading areas shall not encroach on any required front or side yard, accessway or off-street parking area, except that in business districts, off-street parking areas, where they exist, may be used for loading or unloading, provided that such spaces shall not be so used for more than three hours during the daily period that the establishment is open for business.
(2)
The location, number, size and design of loading and unloading areas for nonresidential uses and the accessways thereto shall require the approval of the Planning Board prior to the issuance of a building permit or certificate of occupancy by the Code Enforcement Officer.
H.
Construction of parking areas and drainage.
[Amended 11-17-2008 by L.L. No. 2-2008]
(1)
Parking areas shall be paved with an all-weather surface of asphalt or concrete and suitably drained. The individual spaces shall be visibly marked with paint or other durable material.
(2)
In areas of the Town where surface drainage runoff is a concern, the Planning Board may permit use of a porous gravel or stone chip surface for parking areas and access drives. The Board may authorize the use of bollards or fenceposts, or similar structures, to delineate stalls on such parking areas.
I.
Lighting, landscaping and screening.
[Amended 11-17-2008 by L.L. No. 2-2008]
(1)
Parking areas to be used at night shall be lighted. All exterior lighting shall be arranged and oriented in a manner that provides for on-site safety while minimizing potentially hazardous glare upon motorists or upon adjacent residential properties, and maintaining an illumination level not exceeding 0.2 footcandle at any lot line.
(2)
All parking areas shall be landscaped. Landscaping may count towards compliance with green space requirements for the lot.
(3)
Screening shall be required for all loading berths and parking areas of three or more spaces that abut a residential lot line and also for any parking lot for more than 20 cars.
(4)
Screening shall consist of either a six-foot high solid masonry wall or bluestone wall; or a six-foot high compact evergreen hedge or similar landscaped strip of trees and shrubs so designed as to form a visual screen from the adjacent property; or of a combination of vegetation and structures.
(5)
All parking areas and landscaping shall be properly maintained thereafter in a sightly and well-kept condition.
§ 210-30 Light Industrial District regulations.
[Amended 4-8-1999 by L.L. No. 1-1999]
The Town Board may, after Planning Board review, public notice and hearing, approve the development of a parcel of land for light industrial or office use and establish a special light industrial district for such development, subject to the following conditions:
A.
Location, area and access.
[Amended 9-21-1991 by L.L. No. 1-1991]
(1)
A light industrial district may only be established in an area previously designated as A-2.5, R-1 or B-2.
(2)
An area to be designated as a light industrial district hereinafter shall have direct access to and at least 200 feet of frontage on a New York State or Ulster County highway.
(3)
The property to be designated as a light industrial district shall have an area of at least 10 acres, exclusive of any easements which restrict use or any designated wetlands, flood hazard areas or lands with a slope of more than 15%, unless such features are located within a required buffer area.
C.
Use regulations.
(2)
Prohibited uses shall be as follows:
(a)
Residential uses, except dwellings of caretakers and any and all residential uses made and permitted prior to the establishment of such I-1 District in accordance with this subsection shall be allowed to continue as so permitted heretobefore.
(c)
Any use, although expressly allowed as a permitted use, shall be prohibited if the particular application of such use does not comply with the specified performance standards for a use in the I-1 District.
D.
Performance standards.
(1)
General standards. The following general standards are hereby adopted for the control of uses in any light industrial district, and no use shall be permitted, established, maintained or conducted therein which shall cause or be likely to cause:
(a)
Excessive smoke, fumes, gas, dust, odor or any other atmospheric pollutant beyond the boundaries of the lot whereon such use is located. When smoke is excessive shall be determined according to the Ringelmann's Scale for Grading the Density of Smoke, published by the United States Bureau of Mines, when the shade or appearance of such smoke is darker than No. 2 on said Ringelmann Smoke Chart.
(b)
Noise perceptible beyond the boundaries of the lot occupied by such use causing the same.
(c)
Any pollution by discharge of any waste material whatsoever into any watercourse, open ditch or land surface.
(d)
Discharge of any waste material whatsoever into any sanitary disposal system or sewerage system, except only in accordance with the rules of and under the control of public authorities or the public body controlling such sewerage system. Any chemical or industrial waste which places undue loads, as determined by the Town Engineer, shall not be discharged into any municipal system and must be treated by the industrial use.
(e)
Storage or stocking of any waste materials whatsoever.
(f)
Glare or vibration perceptible beyond the lot lines whereon such use is conducted.
(g)
Hazard to person or property by reason of fire, explosion, radiation or other cause.
(h)
Any other nuisance harmful to persons or property.
(2)
Specific standards. The following specific standards are hereby adopted and must be complied with, for and by any use in any light industrial office district and before the same is permitted, established, maintained or conducted:
(a)
Storage facilities. Exterior storage of materials, supplies or semifinished products and other similar outdoor activities shall be completely screened from view from all adjacent streets and from properties outside the industrial district at all times of the year by fences, walls and evergreen plantings or a combination thereof with a height of at least eight feet.
[Amended 9-21-1991 by L.L. No. 1-1991]
(b)
Loading docks. Loading docks shall be completely screened from view of all adjacent streets and from properties outside the industrial district in the manner described in Subsection D(2)(a) above.
[Amended 9-21-1991 by L.L. No. 1-1991]
(c)
Landscaping. It is hereby declared that all areas of the plot not occupied by buildings, parking, driveways or walkways or storage shall be landscaped attractively with lawn, trees, shrubs or other plant material. Such landscaping shall take into consideration the natural growth presently on the premises and the nature and condition of the terrain, as well as the situation of the lands and premises themselves and with regard to adjoining lands and premises.
(d)
Fences and walls. Property that is adjacent to a residential or business district shall be provided along such property lines with a wall, fence, compact evergreen hedge or a landscaped strip of trees and shrubs so designed as to form a visual screen not less than six feet high at the time of planting. Except for landscaped areas and parking areas, a use which is not conducted within a completely enclosed building shall be screened by a six-foot solid masonry wall, chain link fence covered with an evergreen vine or compact evergreen hedge. Where a front yard adjoins a street, the wall, fence or hedge shall be located no closer to the street than the depth of the required yard.
(g)
Buffer strip. In addition to fences, walls and screening otherwise required in this section, any industrial district shall be surrounded on all sides by a buffer strip at least 100 feet wide within the industrial district. Such buffer strip shall be comprised of natural growth supplemented by landscaping suitable to the character and terrain of the site, shall remain undisturbed by other site activities and shall not be used for storage, parking, loading, recreation, fire lane or similar activities, except for an access road with a maximum width of 20 feet.
[Amended 9-21-1991 by L.L. No. 1-1991]
(3)
Proper and adequate water supply, sewerage and waste disposal, other utility services and accessibility to and from public streets must be provided.
(4)
Special consideration must be given to the traffic generated by each proposed use in a light industrial office district, and no undue traffic volumes shall be permitted on residential streets. Such data is to be submitted with each petition for amendment. No access drive for any I-1 District shall be within 300 feet of and on the same side of the street as a school, public library, theater, church or other public gathering place, park, playground or fire station, unless a street 50 feet or more wide lies between such access drive and such building or use.
E.
Area and bulk regulations. Area and bulk regulations shall be in compliance with those for the I-1 District as set forth in § 210-13 of this chapter ("Density Control Schedule").
[Amended 11-17-2008 by L.L. No. 2-2008]
F.
The Planning Board, upon review of the proposed development, may prescribe such additional conditions as are, in its opinion, necessary to secure the objectives of this chapter.
G.
Procedure.
(1)
Application for rezoning classification of a site shall be filed by the owner or several owners jointly or the holder of a written option to purchase the site with the secretary to the Town Board, in writing, in a form required by the Town Board and shall be accompanied by payment of an application fee, as set forth in the fee schedule as adopted and amended from time to time by resolution of the Town Board, to help defray the cost of advertising the hearing on said petition and incidental disbursements. The applicant shall also submit the following:
(a)
A plan of the site and surrounding areas, drawn to scale and accurately dimensioned, showing the location of existing and proposed land use areas, lots, buildings, structures, parking and loading areas and access roads and streets, community facilities and topography.
(b)
The use and height of each proposed building or structure, yard lines, lot coverage and the number of parking spaces in each proposed parking area and the expected flow of traffic in and out of the area.
(c)
Any additional data as may be requested by the Planning Board in order to determine the suitability of the tract for the proposed development.
(2)
Each application shall be referred to the Planning Board. The Planning Board shall report its recommendations thereon to the Town Board, accompanied by a full statement of the reasons for such recommendations, prior to the public hearing. If the Planning Board fails to report within a period of 45 days from the date of receipt of notice or such longer time as may have been agreed upon by it and the Town Board, the Town Board may act without such report.
(3)
The Town Board, by a resolution, shall fix the time and place of the public hearing and cause notice to be given as follows:
(a)
By publishing a notice of the application and the time and place of the public hearing in a newspaper of general circulation in the Town of Hurley as designated by the Town Board not less than 10 days prior to the date of the public hearing.
(b)
By giving notice of the hearing to any required municipal, county, state or federal agency in the manner prescribed by law. Upon approval of the proposed development, the new district established shall be excepted from the provisions and controls of this chapter only to the extent specified in the approval, and such new district shall become a part of the regulations established herein, shall be enforced in the same manner and be similarly subject to amendment, except that, if construction of the proposed development is not commenced within one year after approval of the Town Board, such approval shall be revoked and such area shall be subject to the requirements of the prior district regulations.
H.
Revisions to approved plans. Any proposed revision to a plan approved in accordance with Subsection G of this development plan approval by the Planning Board in accord with § 210-41. Such revisions include additions to structures and modifications of driveways, parking areas, loading facilities or landscaped areas.
[Added 9-21-1991 by L.L. No. 1-1991]
§ 210-31 Gasoline filling stations.
In any district where permitted, a gasoline filling station shall be subject to the following regulations:
A.
Filling stations shall be permitted only on lots of 10,000 square feet or more, with a minimum frontage of 100 feet.
B.
The area for use by motor vehicles, except access drives thereto, as well as any structures shall not encroach on any required yard area.
C.
No fuel pump shall be located closer than 20 feet from any side lot line or closer than 35 feet from any street line, measured from the outside edge of the fuel island.
D.
No access drive shall be within 200 feet of and on the same side of the street as a school, public library, theater, church or other public gathering place, park, playground or fire station, unless a street 50 feet or more wide lies between such service station and such building or use.
E.
All repair work, except emergency repairs, and all storage shall be within a completely enclosed building which has a maximum height of 15 feet. Such repair work shall not include any body repair work or spray painting or car washing which requires mechanical equipment.
§ 210-32 Sign regulations.
No sign or other device for advertising purposes of any kind may be erected or established in the municipality except and provided as follows:
A.
Signs in residential districts. No sign or other device for advertising purposes of any kind may be erected or established in any residential district except by permit or license issued pursuant to this chapter and as hereafter provided or provided as follows:
(1)
Permitted nonresidential uses and legal nonconforming nonresidential uses, but not including home occupations or day nurseries, may display signs, pertaining to the use of property, having an aggregate total face area of not more than 32 square feet and not projecting beyond the principal building of such use to which they are attached more than 24 inches, except that, where such nonresidential uses are set back from property lines, one sign may be erected in the ground, provided that such ground sign shall not exceed 15 square feet in total face area, shall not exceed five feet in height and that such sign shall be no nearer than 10 feet to any property line or road, whichever requires the greater setback. If such freestanding signs face substantially at right angles to the road and/or display in more than one direction, they shall have a face area of not more than eight square feet per side, with no more than two sides.
(2)
Dwellings for five or more families may display nonilluminated signs, identifying the premises, having an aggregate total face of not more than 12 square feet and not projecting beyond the principal building on the lot more than 24 inches.
(3)
Any dwelling unit in a detached or attached structure may display one nameplate or professional sign not exceeding four square feet in area.
B.
Signs in general business and neighborhood commercial districts. No more than two signs per business unit, having an aggregate total face area of not more than one square foot per linear foot of principal frontage of the lot, but not to exceed a total area of 50 square feet may be displayed. Such signs shall not project more than five feet beyond the principal buildings on the lot, and there shall be no more than one projecting sign per business unit, provided further that such signs shall not extend more than 20 feet above the ground level or exceed the highest part of the building housing the business or service advertised, whichever is less restrictive. "Principal frontage," throughout this subsection, shall mean the frontage of the lot adjacent to the principal street in the case of a corner lot. Where a corner lot faces two principal business streets, only one such frontage shall be considered the "principal frontage."
[Amended 11-17-2008 by L.L. No. 2-2008]
C.
Signs in highway business districts and light industrial office districts. Two signs having an aggregate total face area of not more than 100 square feet may be displayed for each establishment, provided that such signs shall be located no nearer than 10 feet to any property line, and provided further that such signs shall not extend more than 20 feet above ground level or more than five feet above the height of the roof of a building at the point of location of the sign, whichever is less restrictive.
D.
Representational signs. No representational sign shall be permitted in any district, except such sign as shall be approved by the Planning Board. Further, such sign shall not project more than five feet beyond the principal structure to which it is attached and shall not have a face area of more than 15 square feet. Only one such sign per establishment shall be permitted.
E.
Advertising signs. Hereafter, notwithstanding any other provisions of this chapter, signs not pertaining to the use, sale, rent or lease of property on the same lot and signs not representing construction or subdivision activity as allowed are not permitted in any district, except that signs for the purpose of directing persons to a business or establishment may be erected in any district, provided that such signs shall not exceed four square feet in area per establishment, shall conform to applicable regulations of the district in which they are located, shall be grouped on community poles and shall be approved by the Town Planning Board.
F.
Projecting signs. Signs projecting into a public right-of-way shall have a clearance of not less than 10 feet above the sidewalk or surrounding ground and not less than 15 feet above any public driveway or thoroughfare. No sign may project into any public right-of-way without written approval from the Town Planning Board.
[Amended 11-17-2008 by L.L. No. 2-2008]
G.
Subdivision signs. Any person offering lots for sale in a subdivision may erect nonilluminated, directional signs, within the limits of the subdivision or adjoining property in the same ownership, having an aggregate total face area of not more than 50 square feet. The permit for such signs shall be issued for a period of one year each following a determination by the Zoning Enforcement Officer that the signs have been repainted or are in good condition in each case.
[Amended 11-22-2022 by L.L. No. 7-2022]
H.
Exemptions from the above regulations shall be as follows:
(1)
Real estate signs which advertise the sale, rental or lease of the premises upon which said signs are located, having an aggregate total face of not more than six square feet within any residential district and business district or not more than 32 square feet within any light industrial district.
(2)
One professional or business nameplate not exceeding one square foot in area for one professional or business establishment where such signs would not otherwise be a permitted use.
(3)
One sign, not exceeding 24 square feet in area, denoting the architect, engineer and/or contractor when placed on a site under construction.
[Amended 4-8-1999 by L.L. No. 1-1999]
(4)
Memorial signs or tablets, names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel or similar material.
(5)
Traffic or other municipal signs, legal notices and such temporary, emergency or nonadvertising signs as may be authorized by the Town.
I.
Illuminated signs. Illumination of signs shall not be of intermittent or varying intensity or produce direct glare beyond the limits of the side property line. Red, green and amber lights of such shape and hue that they may be confused with official traffic lights and signals shall be prohibited. All bare incandescent light sources and immediately adjacent reflecting surfaces shall be shielded from view.
J.
Banners. Banners and similar devices are prohibited, except nonpermanent ones displayed for the occasion of special events, which shall be displayed for no longer than a three-week period.
K.
Posters. Temporary nonpermanent posters not exceeding two square feet per face in area, whether for the purposes of advertising political events, sporting events, shows, elections and yard sales shall not be displayed until four weeks prior to the event and must be removed within one week after the event. All such posters shall include the identification of the person responsible for the poster.
[Amended 11-17-2008 by L.L. No. 2-2008]
L.
Removal of certain signs. Any sign now or hereafter existing which no longer advertises a business conducted or a product available for purchase by the public on the premises shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign may be found within 10 days after written notification from the Zoning Enforcement Officer, and upon failure to comply with such notice within the time specified in such order, the Zoning Enforcement Officer is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the building or structure to which such sign is attached.
[Amended 11-22-2022 by L.L. No. 7-2022]
§ 210-33 Short-term rentals. [1]
[Added 9-13-2021 by L.L. No. 2-2021]
A.
Operation of short-term rental (STR). An STR shall be allowed in all zoning districts, subject to the requirements set forth in this section, provided the property is owner-occupied as defined in § 210-5 of this Zoning chapter. An STR is prohibited at properties which are not owner-occupied.
(1)
It shall be unlawful to use, establish, maintain, operate, occupy, rent or lease any property as an STR if the property is not owner-occupied. An STR property shall be the principal residence of the owner during the term of the permit. The principal dwelling wherein the STR is to be located must be occupied, at the time of application and at all times thereafter while the rental unit is established and maintained, as the principal domicile of the record owner of title. Ownership shall be evidenced by the last deed recorded in the office of the Clerk of the County of Ulster. Evidence that the dwelling is occupied as the principal domicile of the record owner may be established by an affidavit of the record owner, supported by voting records or such competent evidence as would be sufficient to establish domicile as set forth herein. It shall be a condition of every certificate of occupancy issued for an STR that occupancy of such dwelling unit is valid only if the STR is located in an owner-occupied single-family or two-family dwelling.
(2)
An owner shall occupy and be on the premises during the term of the rental.
(3)
An STR is restricted to a one-family dwelling, two-family dwelling or accessory dwelling unit. For purposes of this section, a condominium shall not be considered a single-family or two-family dwelling. The lot on which title STR is to be located shall meet all bulk requirements applicable to the dwelling as set forth in the Density Control Schedule for the zoning district in which it is located.
(4)
No owner shall offer or use any portion of their property as an STR unless it is approved for residential occupancy. An STR is prohibited in a storage shed, recreation room, garage, or any temporary structure such as a tent or yurt. No recreation vehicles, trailers, or other vehicles parked on a property shall be used as an STR.
(5)
An STR is limited to one rental at a time. The rental or leasing of a property or any portion thereof to more than one rental party during the same time period is prohibited.
(6)
An STR shall host no more than two guests per bedroom and is limited to a maximum capacity of six people per dwelling. Children eight years of age and under are not counted as guests.
(7)
The Hurley Town Board, in its discretion and by resolution, may establish a maximum number of STR permits to be issued by the Building Department, and may modify same at any time.
(8)
The Hurley Town Board, in its discretion and by resolution, may establish or modify the Town of Hurley Fee Schedule for STR applications and permits, and may charge an escrow, as necessary, for the cost of professional review of same.
(9)
Upon approval of an STR permit, the Town will assign a registration number to the STR property. The registration number must be included in all STR listings and advertisements, both in print and online.
(10)
It is prohibited to use, establish, maintain, operate, occupy, rent, lease, or advertise for rent or lease, any property, or portion therein, as an STR without having first obtained an STR permit from the Town Building Department. STR permits are valid for one calendar year and are renewable on an annual basis for a fee. The advertisement or rental of an STR without a permit shall be deemed a violation of this Zoning chapter.
B.
Permit application process.
(1)
An application shall be submitted to the Building Department for the issuance of an STR permit. The application shall be accompanied by a fee in an amount set forth in the Fee Schedule for the Town of Hurley.
(2)
The form and content of the permit application shall be established by the Town Board and shall contain such information and materials deemed necessary to review the application. The following information shall be submitted as part of any STR application for the property included in the application:
(a)
The name, address, email address, and phone number of all property owners;
(b)
Proof of receipt of New York State STAR credit or STAR property tax exemption for the short-term rental property; and/or government-issued proof of residency and owner identification (e.g., driver's license, passport);
(c)
A copy of a utility bill in the property owner's name;
(d)
Proof of liability insurance;
(e)
A property checklist form listing the property address, total number of dwelling units, bedrooms and bathrooms on the property, total number and location of all dwelling units and bedrooms proposed for short-term rental use, and the maximum number of persons to be accommodated in each proposed short-term rental area;
(f)
A signed and notarized certification by each property owner, in a form acceptable to the Town Clerk, attesting to all of the following:
[1]
That the property is the owner's domicile at which they legally reside;
[2]
That to the best of their knowledge the property is safe and fit for human habitation;
[3]
That the property owner will comply with all of the conditions and restrictions of the STR permit;
[4]
That no portion of the property will be utilized as an STR unless it meets the requirements of the current International Fire, Residential and Building Codes;
[5]
That to the best of their knowledge the property is in compliance with all the provisions of this section, the applicable provisions of the Town Code, the International Fire Code, current International Building Code and the New York State Code Supplement; and
[6]
The required building permits and certificates of occupancy are in place for all existing structures and units on the property;
(g)
Safety/egress plan;
(h)
Parking layout plan identifying where parking is to be located. Parking shall comply with the standards set forth in § 210-29 of this Zoning chapter and shall not restrict access for fire and safety vehicles or equipment; and
(i)
Waste removal plan. Garbage shall not be allowed to remain outside for a period greater than 24 hours at curbside and shall be kept in an approved container.
(3)
If the information submitted in the application changes, it is the responsibility of the owner to submit such changes in writing to the Building Department within 30 days of the change. Failure to do so constitutes a violation of this section.
(4)
A proposed STR must be registered with the Ulster County Commissioner of Finance and have received a certificate of authority empowering the owner to collect the county tax from the occupant pursuant to § 312-8 of the Code of Ulster County, and a copy of the registration and certificate of authority must accompany the STR permit application.
[Amended 4-26-2022 by L.L. No. 2-2022]
(5)
STRs shall be inspected by the Building Department within 30 days of submission of the application and prior to any permit renewal, to determine compliance with this section and all other provisions of the Town Code, International Building Code and New York State Code, as may be amended from time to time. A failure to comply with a scheduled inspection may result in a denial of the STR application. If the Building Department determines that the proposed STR is not in compliance, the STR shall be discontinued until it has been reinspected and found in compliance. The owner shall be subject to a reinspection fee in accordance with the Fee Schedule of the Town of Hurley.
(6)
Upon the filing of an STR permit application, including all documentation required by this section, together with the permit fees, the Building Department shall have 45 days to review the application and either issue the permit, with or without conditions, or notify the applicant in writing that the application has been denied along with the reason(s) for the denial.
(7)
The Building Department may impose such reasonable conditions and restrictions on the STR permit as are related to the use of the property, or portion of the property, so long as such conditions and restrictions are consistent with the requirements of this Zoning chapter.
(8)
Permit denial. The Building Department shall deny an STR permit for any of the following reasons:
(a)
The information and documentation as required for the application was not submitted or the permit fee, in a payment form acceptable to the Town Clerk, was not included with the application;
(b)
A property owner has been convicted of violating this section or there are violations pending against them;
(c)
The Town had revoked a previously issued STR permit within the past year or the conditions of the permit revocation have not been satisfied;
(d)
The application fails to meet all of the requirements of this Zoning chapter or is otherwise in violation of a local, state, or federal law; or
(e)
The Town has granted the maximum number of permits allowed for the calendar year.
(9)
STR permit renewal. The STR permit shall be valid for a period of one calendar year from the date that a certificate of occupancy is issued for same and shall automatically be renewed annually by the Building Department upon submission by the property owner of an annual certification for renewal on a form to be provided by the Town, attesting that the principal dwelling of the property is maintained as the owner's domicile; and payment of a renewal fee, in such amount as established by resolution of the Town Board, provided the Building Department determines such use has been maintained in accordance with all requirements herein and any applicable conditions attached to the STR permit.
C.
STR property owner responsibilities.
(1)
Owners of STRs shall obey all applicable laws, ordinances and regulations of the Town of Hurley, Ulster County, New York State and the United States of America, and shall be subject to the enforcement and penalty proceedings contained in this section.
(2)
STR property address numbers must be clearly marked, visible and identifiable from the public road.
(3)
No signs or advertisements identifying the property as an STR shall be displayed on the property.
(4)
Owners of STRs are required to provide the rental party with all the following documentation at the commencement of the rental:
(a)
Safety information, including fire and safety requirements;
(b)
A copy of local laws pertaining to quality of life, including noise and firework restrictions;
(c)
Emergency contact information, including contact information for the owner(s) or authorized host(s);
(d)
A property map identifying the street address and clearly depicting the STR property boundaries, which shall be posted in a visible location on the bedroom door;
(e)
A safety/egress plan posted in the rental unit in a visible location on the back of each bedroom door.
(5)
Garbage shall not remain outdoors for a period greater than 24 hours and shall be stored in an approved container. The property owner shall be responsible for the cleanup of any garbage strewn on or around the STR properly.
D.
Enforcement and violations. An STR is not permitted on any properties except as outlined herein. In addition to the penalties set forth in § 210-57, the owner of a property in violation of this section shall be subject to the following fines and procedures, including revocation of an STR permit.
(1)
Failure by the owner of an owner-occupied short-term rental to comply with the requirements of this section either by failure to obtain a permit or failure to comply with the terms of an issued permit shall be punishable by a fine not greater than $250; a second violation within a period of five years of a previous violation shall be punishable by a fine of not greater than $500; a third violation, within a period of five years, shall be punishable by a fine of not less than $350 nor greater than $1,000. Each day a violation continues shall be deemed a separate and distinct violation punishable in like manner by imposition of up to a maximum fine for each day of violation.
(2)
Failure by the owner of a short-term rental property which is not owner-occupied to comply with the requirements under this section shall be punishable by a fine not greater than $1,000; a second violation of this section, within a period of five years of a previous violation, shall be punishable by a fine of not less than $250 nor greater than $2,000; a third violation, within a period of five years, shall be punishable by a fine of not less than $2,000 nor greater than $4,000. Each day the violation continues shall be deemed a separate and distinct violation punishable in like manner by imposition of up to a maximum fine for each day of violation.
(3)
The Town Building Department is authorized to issue appearance tickets for all violations consistent with the enforcement provisions of this Zoning chapter.
(4)
Violations issued by the Town Building Department may be considered at annual permit renewal. An STR permit shall be revoked where three or more violations have been issued within any twelve-month period and shall be in addition to any applicable fines. Once revoked, a permit shall not be issued sooner than six months after the date of revocation.
(5)
The Town Board reserves the right to commence an action for injunctive relief at any time following receipt of a complaint to enjoin violations of this section if deemed necessary to protect the public health, safety and welfare.
(6)
The Town Board may engage the services of a third party or parties to assist the Building Department in locating unauthorized STRs and prompting the owners to come into compliance.
E.
Transfer of title. Within 60 days after the record owner transfers title to premises for which an STR permit has been granted, the new record owner shall provide such evidence to the Building Department as may be necessary to demonstrate that the property is occupied by the new record owner in accordance with the provision herein. In the event that the new record owner fails to do so, the Building Department shall serve a written notice upon the title owner to do so by a date certain. In the event that the record owner fails to do so, the Building Department shall give notice of such noncompliance to the record owner and shall revoke the STR permit.
F.
Inspections. The applicant shall agree and acknowledge, in writing, to the Town of Hurley title understanding that, should the parcel be sold, the Building Department is authorized to conduct a site visit to verify that the STR is in compliance with the conditions of the STR permit issued for the property. In the event that the Building Department has a reasonable basis to believe that the STR does not comply with regulations herein, and the owner does not consent to such inspection, the Building Department may apply for a warrant to permit such inspection. Nothing in this subsection shall permit such inspection in such circumstances unless such warrant has been obtained.
G.
Grace period. At the time of adoption of the local law allowing STRs, a property owner operating a short-term rental without a permit, or in violation of the standards set forth herein, shall submit an STR permit application within 90 days from the date of adoption. Any property owner operating a short-term rental after the said period without having obtained an STR permit shall be in violation of the STR regulations, and shall immediately cease such operations until such time that an STR permit is issued.
H.
Town Board responsibilities.
(1)
Registry. The Town Board shall cause a registry to be prepared identifying all properties by property owner, address, and Tax Map-Section-Block-Lot Number, date of issuance of the STR permit, and phone number of property owner for every property issued an STR permit. The Town Board may, but is not required to, contact the property owner prior to the date of renewal of the STR permit that such permit must be renewed. Failure of the Town Board or designated agent to contact a property owner shall not relieve the STR permittee the responsibility of renewing the permit.
(2)
The Town Board shall assign a Town official to review websites, newspapers, and other media, and to identify any properties which may be operating an STR without an STR permit. Said review should be conducted quarterly, at a minimum. The official shall immediately notify the Building Department in writing, which shall be required to research and inspect such property to determine whether said property is violating these regulations. Such inspection shall be in writing. Where a violation is found to exist, the property owner shall be notified of such violation and shall be required to cure same.
[1]
Editor's Note: Former § 210-33, Excavations for soil mining, as amended, was redesignated § 210-40D(12), Mining and quarrying, 11-17-2008 by L.L. No. 2-2008.
§ 210-34 Factory-built housing; mobile homes.
[Amended 9-21-1991 by L.L. No. 1-1991]
A.
Prefabricated, factory-built or modular structures and housing shall be permitted in all districts, subject to compliance with the appropriate building, housing, safety and sanitary codes in existence or as they may be adopted by the Town Board. Such residential structures shall be permanently attached to a masonry or similar rigid and enclosed foundation, constructed in a manner so as to stand the rigors of winter. For purposes of this section, "factory-built housing" does not include mobile homes.
B.
Mobile homes.
(1)
Single mobile homes. Wherever permitted by these regulations, whether by right or subject to a special use permit, a single mobile home shall comply with all area, bulk and parking requirements as apply to a one-family dwelling in the same district. A "single mobile home" is any such home not located in an approved mobile home park. In addition, the following regulations shall apply:
(a)
All mobile homes shall have a permanent supply of potable water and a sewage disposal system in accordance with the requirements of the Ulster County Health Department.
(b)
Distribution systems for electricity, gas, telephone and fuel oil service to mobile homes shall be installed and maintained in accordance with all applicable state and local regulations.
(c)
Foundation. All mobile homes shall have the wheels or skids removed and shall be set upon a permanent foundation within 60 days of placement on the site. The foundation shall consist of either an eight-inch-wide wall, piers or columns extending at least 36 inches below ground level or a four-inch-thick slab with a perimeter footing of at least 10 inches. The foundation shall be in contact with and support the mobile home structural frame at such number of points and at such intervals as required to provide adequate, rigid support.
(d)
Anchoring. The structural frame of the mobile home shall be attached to the foundation in not less than four places, in such location and by such devices as to ensure the stability of the mobile home.
(e)
Perimeter skirting. The open area, if any, between the bottom of the mobile home and the top of the foundation shall be enclosed by a skirt extending around the full perimeter of the mobile home. Such skirt shall be constructed of weather- and fire-resistant wood, masonry or metal, securely fastened to the mobile home and its foundation and shall extend from the side wall of the mobile home to the adjacent ground at all points.
(f)
Mobile homes are subject to all applicable provisions of these regulations pertaining to building permits and certificates of occupancy.[1]
[1]
Editor's Note: Original Subsection (7), Screening, which immediately followed, was repealed 6-23-1992 by L.L. No. 2-1992. For current provisions, see § 210-34B(2)(g).
(2)
Mobile home parks. Where permitted by these regulations, mobile homes may be grouped in mobile home parks in accord with the following regulations:
[Added 6-23-1992 by L.L. No. 2-1992]
(a)
The number of mobile homes on a property shall be determined in accord with the procedures for average density subdivisions in § 210-38 so that the number does not exceed that which would result if the site were subdivided into lots conforming to the requirements of the district in which it is located.
(b)
The site gross area of a mobile home park shall be at least 25 acres.
(d)
Mobile homes shall be spaced in accord with the following minimum clearances: there shall be a minimum distance of 50 feet between mobile homes and a minimum setback of 100 feet from a public street or from any adjacent property line. In computing these clearances, lean-tos, auxiliary rooms and similar accessories connected to the mobile home, but not including temporary porches and canopies which are open on two or more sides, shall be considered as part of the mobile home.
(e)
Automobile parking. There shall be at least two off-street parking spaces for each mobile home within 50 feet of the mobile home. In addition, there shall be one off-street parking space for each five mobile homes within the park located throughout the park at places of public congregation. Each off-street parking space shall be at least nine feet wide and at least 18 feet long and shall have convenient and ready access to a roadway.
(f)
Recreation area. A usable area set aside exclusively for recreation shall be provided within the mobile home park and shall be equal in area to 200 square feet for each mobile home in the park. In addition, at least 25% of the gross site area shall be preserved as permanent open space, with a minimum dimension of 100 feet, in addition to the setback required under Subsection B(2)(d) above.
(g)
Screening. Each mobile home park shall have a landscaped area at least 50 feet wide along exterior lot lines and street frontages, suitably planted and maintained to provide visual screening from adjacent properties. The mobile home park site shall comply with the minimum green space requirement for the district in which it is located.
[Amended 11-17-2008 by L.L. No. 2-2008]
C.
Mobile home structures shall meet the particular requirements of the district within which they are permitted.
D.
Nothing in this chapter shall prohibit the storing or parking of an unoccupied camping or travel trailer or a boat trailer.
§ 210-35 (Reserved) [1]
[1]
Editor’s Note: Former § 210-35, Recreational campsites, travel trailers and cabins, was redesignated § 210-40D(11), Recreational campsites, recreational vehicle parks, cabin and bungalow colonies, 11-17-2008 by L.L. No. 2-2008.
§ 210-36 Cemeteries and crematories.
[Amended 11-17-2008 by L.L. No. 2-2008]
No burial or memorial plats or buildings shall be located closer than 50 feet to any residential lot line, except that when a dense evergreen hedge or a wall or landscaped strip, at least six feet in height, providing complete visual screening from all adjacent residential property, is provided, burial or memorial plats less than six feet in height may be located no closer than 20 feet from any residential lot line. Crematories shall be located only in cemeteries. The cemetery shall comply with the minimum green space requirement for the district in which it is located.
§ 210-37 Sanitary disposal systems.
No person shall undertake to construct any new building or structure in the Town of Hurley without first meeting the requirements for a system or facilities for the separate disposal of waterborne sewage, domestic or trade wastes in accordance with applicable regulations of the Town, the Ulster County Department of Health and other governmental authorities.
§ 210-38 Open space development.
[Amended 9-21-1991 by L.L. No. 1-1991]
A.
Authority of Planning Board. In accord with the authority granted pursuant to § 278 of the Town Law, the Planning Board may, upon request, vary the zoning requirements as to lot size, width and yard requirements in connection with a proposed subdivision plat, subject to the standards and procedures contained herein. The Planning Board is further authorized to require such modifications where it finds that it will be in the public interest to preserve significant natural features (such as wetlands, woods, drainageways, waterfalls, streams, etc.) or important views or significant open spaces or recreation opportunities.
[Amended 4-8-1999 by L.L. No. 1-1999]
B.
Purpose. The purpose of modifications in accord with this section shall be to enable and encourage flexibility in design and development so as to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open lands.
C.
Permitted uses. The permitted uses within a subdivision under this section shall be limited to those residential uses otherwise permitted in the zoning district in which it is located, as well as agricultural use and forest production.
D.
Development standards and controls. Except as specified herein, all development standards and controls otherwise applicable to residential subdivisions and uses in the zoning district shall also be applicable to a subdivision under this section.
(2)
Number of lots or dwelling units.
(a)
The maximum permitted number of lots or dwelling units within a subdivision developed under this section shall not exceed the number that would be achieved if the land were subdivided into lots conforming to the minimum lot size and density requirements applicable to the district in which the land is situated and all other applicable requirements. The maximum number of lots or dwelling units shall be determined by application of the following formula, unless the alternate provided below is utilized:
[1]
The gross site area shall be reduced by 5% where a four-acre lot is required and 10% where a two-and-one-half-acre lot is required to reflect the area that would be required for streets in a conventional subdivision.
[2]
The area thus derived shall be further reduced by the area of any existing permanent easements which preclude development and 66% of the area of any designated wetland or one-hundred-year flood hazard area or slopes in excess of 15% or necessary stormwater detention pond.
[3]
The resulting net area shall be divided by the minimum required lot area in the district to derive the number of lots or dwelling units permitted.
(b)
As an alternate to the above formula, the applicant may submit a subdivision plat meeting all requirements of this chapter, Chapter 170, Subdivision of Land, of the Code of the Town of Hurley, the Ulster County Health Department and any other applicable local, county or state law or regulation that demonstrates a greater number of lots could be achieved.
(3)
Average lot area.
(a)
Under this section, lots may be reduced in area below the minimum lot size required in the district, provided that the average size of lots created in the subdivision is not less than the minimum required in the district.
(b)
No lot shall have an area of less than one acre unless served by a central water and/or sewer system.
(c)
Land in the subdivision may be set aside as permanent open space for common ownership and use by all lot owners in the subdivision, dedicated to and accepted by the Town or a land conservancy for use as permanent open space or recreation area or designated for permanent use for agricultural purposes or forest production. The area of such land may be included to determine the average lot size.
(4)
Lot dimensions. All lots shall comply with the minimum requirements of the Area and Bulk Schedule[1] for the R-1 District, unless served by a central water and/or sewer system, except that yard and setback dimensions around the perimeter of the total subdivision shall be twice that otherwise required in the district.
(5)
Green space requirement. The design of the average density subdivision shall comply with the minimum green space requirement for the district in which it is located.
[Added 11-17-2008 by L.L. No. 2-2008]
E.
Review criteria. In acting on a proposed plan, the Planning Board shall give particular consideration to the following criteria:
(1)
That the proposed subdivision will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities and other matters affecting the public health, safety and general welfare.
(2)
That individual lots, buildings and streets are designed and situated to minimize alteration of the natural site features to be preserved.
(3)
That any open space to be preserved includes irreplaceable natural features located in the tract (such as, but not limited to stream beds, significant stands of trees, individual trees of significant size and rock outcroppings) to the maximum extent feasible.
(4)
That the proposed subdivision will be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, water and sewer systems.
F.
Preservation of permanent open space. Open space provided in accord with Subsection D(2)(a)[3] above shall be protected by legal arrangements which are determined by the Planning Board, with the advice of the Town Attorney, to be sufficient to assure its maintenance and preservation for whatever purpose it is intended. Covenants or other legal arrangements shall specify ownership of the open space; methods of maintenance; responsibility for maintenance; maintenance taxes and insurance; compulsory membership and compulsory assessment provisions; guaranties that any association formed to own and maintain open space will not be dissolved without the consent of the Planning Board; and any other specifications deemed necessary by the Planning Board to ensure that such open spaces will remain undeveloped in perpetuity.
G.
Prohibition to subdivide. The final plat shall include a notation that any lot created under the provisions of this section, including permanent open space, shall not be resubdivided.
H.
Required use of average density procedures. The Planning Board may require that a proposed subdivision plat be modified in accordance with the provisions of this section when it finds that one or more of the following conditions exist:
(1)
The site contains a designated wetland.
(2)
Any portion of the site is within the one-hundred-year flood hazard area.
(3)
The site is within an agricultural district certified pursuant to the Agriculture and Markets Law or includes soils classified within soil groups 1 through 4 of the New York State Land Classification System or is being used for forest production in accord with § 480-a of the Real Property Tax Law.
(4)
The site is located over a primary, principal or sole source aquifer.
(5)
The site contains or is adjacent to a structure or site listed on the National or New York State Register of Historic Places.
(6)
The site contains other unique or unusual physical features which the Planning Board determines can best be preserved by use of the provisions of this section.
§ 210-39 Historical District.
A.
Purpose.
(1)
It is hereby declared that the preservation of historical sites, areas, buildings and landmarks located in the Town of Hurley is essential to the general welfare of the community and the purpose of this section of this chapter is to:
(a)
Safeguard the heritage of the Town of Hurley by preserving a district in the Town which reflects its cultural, social, economic, political and architectural history.
(b)
Protect buildings, structures and areas in the Town of Hurley which are recognized as national historic sites and landmarks.
(c)
Stabilize and improve property values.
(d)
Foster civic beauty.
(e)
Strengthen the local economy.
(f)
Promote the use of the Historical District for the education, pleasure and welfare of the citizens of the community.
B.
Regulation of structures. No structure shall be constructed, altered, repaired, moved or demolished in the Historical District, unless such action complies with the requirements hereinafter set forth.
C.
Duties and powers of the Town Planning Board. All plans for the construction, alteration, repair or demolition of structures in the Historical District shall first be submitted to the Town of Hurley Planning Board, which shall have the power to pass upon such plans before a permit for such work shall be granted; provided, however, that the Planning Board shall pass only on such exterior features of a structure as are visible from the public way and shall not consider interior arrangements.
(1)
In reviewing the plans, the Board shall give consideration to:
(a)
The historical or architectural value and significance of the structure and its relationship to the historical value of the surrounding area.
(b)
The general appropriateness of the exterior design, arrangement, texture and materials proposed to be used.
(c)
Any other factor, including aesthetic, which it deems pertinent.
(2)
In addition to the foregoing general standards, the following specific standards shall apply in appropriate cases:
(a)
Alteration, repairs and additions to existing buildings shall either be made consistent with the spirit of their architectural style or shall alter the structure to an appropriate appearance consistent with the architectural styles of historical value existing in the Historical District.
(b)
New construction shall be consistent with the architectural style of historical value in the Historical District, except in such instances of new construction as the Board shall determine to be inappropriate because structures adjoining the site of such proposed new construction are of a significantly dissimilar period of architecture, in which cases the Board may approve such periods of architecture as it deems proper for the site and in the best interest of the Historical District.
(c)
Demolition.
[1]
Demolition shall be prohibited in the case of all structures erected prior to 1850 unless the Planning Board is satisfied that the retention of such structures constitutes a hazard to public safety, which hazard cannot be eliminated by economic means available to the owner.
[Amended 11-17-2008 by L.L. No. 2-2008]
[2]
Demolition shall be prohibited of any structure erected subsequent to 1850 if the Board of Appeals shall determine it to be of a particular architectural or historical significance.
[3]
Moving of structures of historical or architectural value may be permitted by the Planning Board as an alternative to demolition.
(3)
The Code Enforcement Officer shall not issue a building permit until a certificate of approval of the plans has been issued by the Planning Board.
D.
Procedure for review of plan.
(1)
Application for a building permit to construct, alter, repair, move or demolish any structure in the Historical District shall be made to the Code Enforcement Officer. The application shall state that the property is in the Historical District, and plans shall be submitted showing the structure in question and also giving its relation to adjacent structures.
(2)
Upon the filing of such application, the Code Enforcement Officer shall immediately notify the Planning Board and shall transmit to such Board the application and any supporting plans or documents. The Planning Board shall consider such application and shall approve or disapprove the plans and, if it shall approve such plans, shall issue a certificate of approval and transmit the same to the Code Enforcement Officer.
(3)
If the Planning Board shall disapprove the plans, it shall so notify the Code Enforcement Officer, who shall thereupon deny the application for a permit.
(4)
Nothing in this chapter shall be construed to prevent ordinary maintenance or repair of any structure within the Historical District.
(5)
Any person aggrieved by a decision of the Planning Board or Code Enforcement Officer acting under this subsection shall have the right to appeal to the Zoning Board of Appeals for a variance as provided by this chapter or general law.
E.
Uses permitted shall be as shown in § 210-10, subject to the approval of the Planning Board as set forth herein.
F.
Building height, limit, lot area and yards. The provisions of this chapter governing the permitted height of buildings, the required lot area and the requirements of front, side and rear yards in the R-2 Residential District shall apply in the Historical District.
G.
All individual structures listed on the National Register of Historic Places which are not located within the boundaries of the Historical District, as delineated on the Zoning Map, shall be subject to the applicable standards and procedures which apply to structures within the Historical District, as set forth in Subsections B, C and D above.
[Added 9-21-1991 by L.L. No. 1-1991]
H.
Applications for a special use permit, site plan approval, variance or zoning change within 500 feet of an historic structure shall be reviewed to determine the effect of the action on the setting of the structure. Any measures considered necessary to make the action more compatible with the historic structure shall be made a condition of approval.
[Added 9-21-1991 by L.L. No. 1-1991]
§ 210-40 Conditional uses allowed by special permit from the Planning Board.
[Amended 9-21-1991 by L.L. No. 1-1991]
A.
General provisions. Conditional uses are hereby declared to possess characteristics which require that each specific use shall be considered an individual use. Any use for which a special use permit is granted by the Planning Board shall be deemed a use permitted in the district in which located, except that for any addition or enlargement of such use, a separate special use permit shall be required for each addition or enlargement. A conditional use must be in conformity with the provisions of this chapter and shall affect only the lot or portion thereof for which it shall have been granted.
B.
Procedures.
(1)
In accordance with § 274-b, Subdivision 6, of the Town Law, The Planning Board shall have the power, after public notice and hearing, to grant special use permits for the conditional uses specified in this chapter.
[Amended 4-8-1999 by L.L. No. 1-1999]
(2)
All applications for special use permits shall be filed with the Secretary of the Planning Board, in writing, shall be made in a form required by the Board and shall be accompanied by payment of a filing fee, in accord with a schedule adopted by the Town Board, and three copies of a site plan, drawn to scale and accurately dimensioned, as required in § 210-41B below.
(3)
Whenever the Planning Board grants a special use permit, appropriate conditions and safeguards and/or time limitations may be attached thereto.
(4)
Any special use permit which is not exercised within one year from the date of issuance is hereby declared to be revoked without further hearing by the Planning Board.
C.
Basis for deliberation; general provisions. Before issuing a special use permit, the Planning Board shall take into consideration the public health, safety, morals and welfare and shall assure itself of the following:
(1)
That there shall not be any detrimental effect by the establishment of such use on other uses within the district.
(2)
That such use will be in harmony with the orderly development of the district and that the location, nature and height of buildings, walls, fences and parking areas will not discourage the appropriate development and use of adjacent lands.
(3)
That the use meets the prescribed requirements for the district in which located and the following prescribed provisions.
D.
In addition to the above general provisions, the following uses shall comply with the following prescribed provisions:
(1)
Retail sale of produce grown on the same lot from a road stand.
(a)
At least five off-street parking spaces shall be provided.
(b)
Ingress to and egress from such use shall be so arranged as to provide minimum interference with through traffic on the street.
(c)
Any lights in connection with such use shall be so arranged as not to cause glare on adjacent properties.
(d)
Three signs not exceeding an aggregate 50 square feet may be displayed for each establishment, provided that such signs shall be located no closer than 10 feet to any property line and provided, further, that such signs shall not extend more than 10 feet above the ground or, if attached to a building, shall not extend more than five feet above the height of the roof of the building at the point of location of the sign.
(2)
Hospital, nursing home, convalescent home, sanitarium, institution or philanthropic use.
(a)
The total building area shall not exceed a lot coverage of 30%.
(b)
Primary access to such use shall not be a minor street or any other street designed to serve primarily as access to abutting residential properties.
(c)
Off-street parking areas and outdoor storage areas shall be screened from adjacent residential properties. Any lighting shall be so arranged as not to cause glare on adjacent properties.
(d)
No building shall be located within 50 feet of any lot line.
(3)
Hotel, restaurant, bar or nightclub, dance hall, skating rink, theater or concert hall.
(a)
Primary access to such use shall not be a minor street or any other street designed to serve primarily as access to abutting residential properties.
(b)
Such use shall meet the off-street parking requirements of this chapter. Such off-street parking and lighting in connection with such use shall be screened and shielded from adjacent residential properties.
(c)
No building shall be located closer than 50 feet to any lot line.
(4)
Vacation resort, camp, cottage or cabin development.
(a)
All proposed structures, equipment and materials shall be reasonably accessible for fire and police protection.
(b)
The water supply and sewage disposal system shall comply with the codes and ordinances of the appropriate authorities.
(c)
No structure within a vacation resort or camp shall be located within 200 feet of any property line.
(d)
No structure within a cottage or cabin development shall be located within 50 feet of any property line.
[Amended 4-8-1999 by L.L. No. 1-1999]
(5)
Electric or gas utility substations, transformer stations, water or sewage pumping stations and other similar structures.
(a)
Such use is reasonably necessary for the service, convenience or welfare of the public and cannot be located in another district.
(b)
Such use will not alter or be detrimental to the character of the neighborhood.
(c)
Such use has adequate fences and other safety devices and adequate screening or landscaping.
(6)
Medical and dental services facility.
[Added 8-23-2004 by L.L. No. 1-2004]
(a)
The site shall have direct frontage onto a state highway or county road.
(b)
Minimum lot area shall be three acres.
(c)
Maximum allowable building coverage shall be 0.05 (5%); and the floor area ratio (total floor area divided by gross site area) of such development shall not exceed 0.08 (8%).
(d)
Off-street parking shall be screened from any abutting residential property. Screening may consist of any combination of structures, landscaping and/or natural vegetation, as provided for in § 210-29I.
(e)
All exterior area, parking and building lighting shall be of a design and arrangement so as not to cause glare on adjacent properties or upon public roads.
(f)
Setbacks and buffers.
[1]
No building or parking area shall be closer than 75 feet to any residential property boundary or from any public street line; excepting for sites which abut properties on the National Register of Historic Places.
[2]
For sites which abut properties on the National Register of Historic Places, no building or parking area shall be located closer than 500 feet to any National Register structure; and a buffer strip of at least 100 feet shall be provided along the boundary of the land encompassing the National Register structure. No parking or other improvements are permitted in the buffer strip, except for the development of sanitary facilities or drainage improvements. Where a sanitary or drainage improvement is to be developed within the buffer strip, a screen of natural vegetation at least 50 feet wide must be provided along said property line.
[3]
For sites which abut properties on the National Register of Historic Places, the Planning Board may require a wider buffer strip than that set forth in Subsection D(6)(f)[2] above and may also require additional landscaping to facilitate proper screening and buffering.
(7)
Boardinghouses in an existing principal dwelling.
[Added 11-17-2008 by L.L. No. 2-2008]
(a)
Limit on rentable rooms. A boardinghouse shall not contain more than three rentable rooms.
(b)
Permitted density. A boardinghouse may be permitted only on a site where an existing dwelling complies with the minimum lot area requirement, per dwelling unit, for a one-family home, in the district in which the site is located, as set forth in the Density Control Schedule (§ 210-13). No additional lot area is required.
(c)
Occupancy limits. Occupancy of any rentable room in a boardinghouse shall be limited to one adult; a married couple or couple defined by civil union; or a single parent with a single child.
(d)
Residency requirement. An applicant requesting approval or expansion of a boardinghouse must be the owner of the site and must maintain residency on the boardinghouse site. The Town may require affidavits and similar statements from the owner indicating that he or she resides at the boardinghouse.
(e)
Parking. There shall be one off-street parking space provided for each rentable room in the boardinghouse, in addition to required parking for the existing principal dwelling on the lot, as provided for in § 210-29A(5)(a) of this chapter.
(f)
Parking location. Off-street parking accessory to a boardinghouse shall not be located within the required front yard setback abutting a street. Such parking shall be screened from adjacent properties.
(g)
Sanitary utilities. The Planning Board shall require the applicant for approval of, or expansion of, a boardinghouse to demonstrate that the water supply and means of wastewater treatment and disposal are approved by the Ulster County Health Department.
(h)
Signs indicating the availability of rooms for rent at a boardinghouse shall be limited in size to no more than a face area of four square feet. Such signs shall not be installed or located within any required setback.
(i)
License required. Simultaneously with the filing of an application for a special use permit to operate a boardinghouse, the applicant shall file, with the Town Clerk, an application for a license to operate said boardinghouse in accordance with the requirements of this Subsection D(7). Approval of said license application and the issuance of a license by the Town Board shall be subject to approval of the special use permit by the Town Planning Board. This license application may be obtained from the Town Clerk of the Town of Hurley. The license so granted by the Town Board shall be valid for one year after the date of approval, and must be renewed by the Town Board on an annual basis. The applicant shall be required to pay an annual fee, the amount of which shall be determined by the Town Board of the Town of Hurley in its sole discretion based on the unique characteristics of the site and taking into consideration the cost of its implementation and processing.
(8)
Bed-and-breakfast inns.
[Added 11-17-2008 by L.L. No. 2-2008]
(a)
A bed-and-breakfast inn may be established and operated on an existing lot used as a single-family residence. The site must be a lot that conforms to the area and bulk standards of the district in which it is located. The operator of the establishment shall be a principal owner occupant of the existing residence.
(b)
A bed-and-breakfast shall retain at least one bedroom for the exclusive use of the resident operators. The owner of the establishment shall reside on the same property.
(c)
The bed-and-breakfast establishment shall neither offer more than five rooms for rent for transient occupancy nor shall the establishment accommodate more than 10 guests on any occasion.
(d)
Such use will have obtained approval by the Ulster County Health Department for any required on-site sanitary sewage or water supply facilities, including, as may be applicable, certification through either the Health Department or a licensed professional engineer retained by the applicant that the existing on-site water supply and sewage disposal facilities are sufficient to accommodate the additional demands of the bed-and-breakfast establishment on the residential premises where such accessory use is proposed.
(e)
Off-street parking shall be provided in accordance with § 210-29 of this chapter. Parking, where practicable, shall be located behind the residential structure. Required off-street parking shall not be located within the required front yard setback. The Planning Board may require all off-street parking to be screened from abutting properties.
(f)
In order to effectuate the conversion of a portion of a residential dwelling to a bed-and-breakfast establishment, no addition to the structure greater than 100 square feet in gross floor area shall be authorized.
(g)
The bed-and-breakfast shall be operated in a manner that is consistent with the general criteria set forth in section § 210-40C of this code, and is not operated in manner that is disruptive or disharmonious with adjacent residential uses in terms of noise; assembly of people; traffic, solid waste or wastewater generation; or demand on groundwater supplies.
(9)
Accessory apartments. Apartments accessory to the principal permitted use of a building are permitted in all districts where residences are permitted, subject to the regulations and standards set forth below. It is the intent of this provision to allow more efficient use of buildings, especially large existing residences, and to expand rental housing opportunities in the Town, particularly for small families. In furtherance of this objective, a second dwelling unit is permitted in a new or existing residential building, without an increase in lot area, subject to the following conditions:
[Added 11-17-2008 by L.L. No. 2-2008]
(a)
Size and location of structure. An accessory apartment shall be located in the principal dwelling, provided that such principal building contains a minimum of 1,800 square feet of habitable space, or in a permitted accessory structure.
(b)
Owner occupancy required. The principal residential structure must be occupied as the principal residence of the record owner of title as evidenced by a deed recorded in the office of the Clerk of the County of Ulster.
(c)
Lot size. The lot must conform to the minimum lot area requirements of the district in which it is located.
(d)
Apartment size. The minimum floor area for an accessory apartment shall be 350 square feet, but in no case shall it exceed 35% of the habitable area of the principal building or 650 square feet, whichever is less. The accessory apartment shall have no more than one bedroom.
(e)
Apartment facilities. The accessory apartment shall be self-contained, with cooking, sleeping, and sanitary facilities for use of its occupants separate from the principal dwelling unit.
(f)
Number of accessory apartments and dwelling units. There shall be no more than one accessory apartment or a total of two dwelling units per residential lot under this section.
(g)
Sanitary utilities. The Planning Board shall require the applicant for approval of an accessory apartment to demonstrate that the water supply and means of wastewater treatment and disposal are approved by the Ulster County Health Department.
(h)
Off-street parking. At least one additional off-street parking space shall be provided for the accessory apartment. In no case shall there be parking spaces for fewer than a total of three cars on the property.
(i)
Foundation limitations. For an accessory apartment in the principal structure, no exterior changes shall be made which will alter or extend the existing foundation of the principal structure. For an accessory apartment in an accessory structure, no exterior changes shall be made which will extend the foundation of the accessory structure more than 100 square feet to accommodate the accessory apartment.
(10)
Conversion of existing residential buildings into two-family, three-family and multifamily dwellings. In any residential district, a residential structure existing on a lot of conforming area, which existed on or prior to September 1, 1989; as well as any existing nonresidential structure in a residential district, may be divided into four or fewer dwelling units, subject to the following requirements:
[Added 11-17-2008 by L.L. No. 2-2008]
(a)
The gross floor area of the building is not increased.
(b)
The total number of bedrooms in the structure is not increased.
(c)
At least two off-street parking spaces are provided for each dwelling unit. No parking space shall be allowed in the required front yard or within 15 feet of any properly line other than within an existing driveway.
(d)
Each dwelling unit shall be equipped with complete bathroom and kitchen facilities for the exclusive use of the occupants of each dwelling unit.
(e)
The exterior appearance of the building shall be altered only to the minimum extent necessary to accommodate the dwelling units.
(f)
Solid waste and recycling receptacles shall be kept in a screened enclosure.
(g)
Sanitary utilities. The Planning Board shall require the applicant to demonstrate that the water supply and means of wastewater treatment and disposal are approved by the Ulster County Health Department.
(11)
Recreational campsites, recreational vehicle parks, cabin and bungalow colonies.
[Amended 11-17-2008 by L.L. No. 2-2008[1]]
(a)
General requirements. Conditions of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors or other adverse influences, and no portion subject to unpredictable and/or sudden flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards.
(b)
Soil and ground cover requirements. Exposed ground surfaces in all parts of every camping area shall be paved or covered with stone screenings or other solid material or protected with a vegetable growth that is capable of preventing soil erosion and of eliminating objectionable dust.
(c)
Required separation between camping areas. Camping units shall be separated from each other and from other structures by at least 20 feet. Bays designed for travel trailers shall be at least 12 feet wide and 50 feet long.
(d)
Density requirement. The density shall not exceed 10 camping spaces per acre of gross site area.
(e)
Required recreation area. In all recreational camping areas there shall be at least one active recreation area which shall be easily accessible from all camping areas. The size of such recreation area shall be not less than 20% of the gross site area or 5,000 square feet, whichever is greater.
(f)
Required setbacks from public streets. All campsites shall be located at least 100 feet from any camping area boundary line abutting upon a public street or highway.
(g)
Park/street system.
[1]
General requirements. All parking areas shall be provided with safe and convenient vehicular access from abutting public streets or roads to each camping space. Alignment and gradient shall be properly adapted to topography. Surfacing and maintenance shall provide a smooth, hard and dense surface which shall be well-drained.
[2]
Access. Access to camping and parking areas shall be designed to minimize congestion and hazards at their entrance or exit and allow free movement of traffic on adjacent streets. All traffic into or out of the camping or parking areas shall be through such entrances and exits.
[3]
Internal streets. Surfaced roadways shall be of adequate width to accommodate anticipated traffic and in any case shall meet the following minimum requirements:
[a]
One-way, no parking: 11 feet (acceptable only if less than 500 feet total length and serving less than 25 trailer spaces).
[b]
One-way, parking on one side only, or two-way, no parking: 18 feet (acceptable only if serving less than 50 trailer spaces).
[c]
Two-way, no parking: 24 feet.
[d]
Two-way, parking on one side only: 27 feet.
[e]
Two-way, parking on both sides: 34 feet.
[4]
Off-street parking and maneuvering space. Each travel trailer parking area shall provide sufficient parking and maneuvering space so that the parking, loading or maneuvering of trailers incidental to parking shall not necessitate the use of any public street, sidewalk or right-of-way or any private grounds not part of the travel trailer parking area.
(h)
Restriction of animals and pets. No owner or person in charge of a dog, cat or other pet animal shall permit it to run at large or to commit any nuisance within the limits of any camping area.
(i)
Barbecue pits, fireplaces, stoves and incinerators. Cooking shelters, barbecue pits, fireplaces, wood-burning stoves and incinerators shall be so located, constructed, maintained and used as to minimize fire hazard and smoke nuisance, both on the property on which used and on neighboring property. No open fire shall be permitted except in facilities provided. No open fire shall be left unattended. No fuel shall be used and no material burned which emits dense smoke or objectionable odors.
(j)
Length of stay. Camping spaces shall be rendered by the day or week only, and the occupant of a camping space shall remain in the same camping area not more than 30 days.
(k)
Maintenance. Grounds, buildings and all structures shall be maintained free of insect and rodent harborage and infestation. The storage, collection and disposal of refuse shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution.
[1]
Editor’s Note: This local law provided for the redesignation of former § 210-35, Recreational campsites, travel trailers and cabins, Subsections A through L, as § 210-40D(11)(a) through (l), respectively.
(12)
Mining and quarrying. Excavation for the purpose of soil mining, such as gravel pits, quarrying or any subsoil removal, shall be allowed only by special permit in A-4 and I-1 Districts, subject to § 210-21 and the following provisions. Notwithstanding, property owners may utilize gravel, stone quarrying or use subsoil excavation on their own property for fill or leveling in order to enhance their own land holdings.
(a)
Before a special permit is issued, the applicant shall submit to the Planning Board two copies of a map at a scale of one inch equals no more than 100 feet, showing all land within 200 feet thereof, with exact locations of all buildings, streets, utilities, drainage or other easements, watercourses, lot lines, block and lot numbers and names of the landowners. Such map shall also show the present topography at two-foot contour intervals. The map shall be signed by a licensed engineer or land surveyor for certification of its accuracy.
(b)
The applicant shall also submit to the Planning Board two copies of the proposed plan of excavation at the same scale as above, showing the proposed finished elevations at one-foot contour intervals and the proposed drainage plan.
(c)
During excavation or quarry operations, no excavations or piling of excavated material shall take place closer than 100 feet to any property line or any street. In all cases, such operations shall be entirely surrounded by a suitable fence, built with gates provided with locks.
(d)
No rock crusher, cement plant or other crushing, grinding, polishing or cutting machinery or other physical or chemical process for treating the product of such excavation shall be permitted.
(e)
The proposed finished grading plan shall show the land to be smooth-graded and topsoil respread to a minimum depth of four inches; slopes shall not exceed the normal angle of repose of the material removed.
(f)
The applicant shall be required to furnish a performance bond, in an amount determined by the Zoning Enforcement Officer, to be sufficient to guarantee completion of the finished grading and drainage plan. Such bond shall be released only upon certification by the Zoning Enforcement Officer that all requirements, including the finished grading and drainage, have been complied with.
[Amended 11-22-2022 by L.L. No. 7-2022]
(g)
No special permit for excavation operations or soil mining shall be granted for a period of more than three years, but such permit may be extended for an additional two years upon approval of the Planning Board.
(h)
Upon approval, one copy of the approved excavation plat shall be returned to the applicant by the Town Clerk, together with the special permit, upon the payment of a fee as set forth in the fee schedule, as adopted and amended from time to time by resolution of the Town Board, to cover all engineering and other costs directly attributable to the approval and office and field checking of the proposed soil mining operations.
(i)
Where a proposed mine or quarry is under review for a state mined land reclamation permit from the New York State Department of Environmental Conservation (NYSDEC), the application to the Planning Board shall include all documentation submitted to NYSDEC. Where there is any conflict between the standards in this subsection and those set forth in New York State Mined Land Reclamation Law (NYSMRL), the standards of NYSMRL shall apply.
[2]
Editor’s Note: This local law provided for the redesignation of former § 210-33, Excavations for soil mining, Subsections A through H, as § 210-40D(12)(a) through (h), respectively, and the addition of § 210-40D(12)(i).
(13)
Commercial telecommunications facilities.
[Added 1-21-2018 by L.L. No. 3-2018]
(a)
No commercial telecommunications facility (CTF) shall hereafter be used, erected, moved, reconstructed, changed or altered nor shall any existing structure be modified to serve as a commercial telecommunications facility unless in conformity with the standards, regulations and procedures set forth below.
(b)
Purpose.
[1]
Preserve the character and appearance of the Town while simultaneously allowing adequate commercial telecommunications services to be developed, and provide a sufficient number of locations to accommodate the needs of telecommunications service providers;
[2]
Protect the scenic, historic, environmental, and natural or man-made resources of the community;
[3]
Provide standards and requirements for regulation, placement, construction, monitoring, design, modification, and removal of commercial telecommunications facilities;
[4]
Establish a systematic review process that ensures action within a reasonable period of time for requests for authorization to place, construct, operate, or modify commercial telecommunications facilities;
[5]
Preserve property values;
[6]
Minimize the total number and height of facilities throughout the community while providing adequate coverage for the Town of Hurley;
[7]
Locate CTFs so that they do not have negative impacts, such as, but not limited to, attractive nuisance, noise and falling objects, on the general safety, welfare, and quality of life of the community;
[8]
Require owners or sponsors of CTFs to configure them so as to minimize and mitigate the adverse visual impact of the facilities; and
[9]
Provide opportunities for the location of emergency service telecommunications systems on commercial facilities and to encourage commercial facilities to expedite such co-location.
(c)
Application for a special use permit required.
[1]
An applicant shall be required to submit an application for a special use permit in accordance with the requirements of § 210-40 of this chapter.
[2]
All special use permit applications require site plan review. In addition to the data required in §§ 210-40 and 210-41, applications for CTFs shall be accompanied by the supporting documentation set forth in § 210-40D(13)(g) below.
[3]
The cost of any reviews by outside experts deemed necessary by the Planning Board to fulfill any of its responsibilities hereunder shall be at the applicant's expense. Such experts may include but not be limited to civil engineers, professional planners, attorneys and radio frequency engineers.
(d)
Design standards.
[1]
Policies. The standards set forth below are intended to implement the following policies regarding location and design of CTFs:
[a]
The visibility of a facility shall be limited to the absolute minimum necessary to provide adequate service.
[b]
Visibility shall be kept to a minimum by use of a combination of appropriate techniques, including height limits, color and texture of material, camouflage or stealth design, size, scale and shape of equipment.
[c]
Limited visibility is most important when a CTF is located within or visible from significant viewsheds, open spaces or historic sites.
[d]
Co-location of facilities is preferred to new facilities.
[e]
Type 4 or 5 facilities, as described in Subsection 210-40D(13)(d)[2] below, shall only be approved if the applicant can demonstrate that adequate service cannot be provided by use of Type 1, 2 or 3 facilities.
[f]
The maximum permitted tower height shall be 150 feet and shall only be allowed at this height when absolutely necessary to provide coverage.
[2]
Priority of facility types. In accord with the policies set forth in § 210-40D(13)(d)[1][a] above, the Town of Hurley shall give preference to the location and design of CTFs in the following descending order:
[a]
Type 1: facilities that are incorporated into the design of new or existing structures such as church steeples, farm silos, flagpoles, light poles, water towers, etc., in such a way that the commercial telecommunications facility is indistinguishable from the structure itself.
[b]
Type 2: facilities that are attached to or mounted on existing tall structures but do not increase the height of such structure by more than 10 feet or facilities which simulate a tree or other natural feature.
[c]
Type 3: facilities co-located on existing commercial telecommunications towers that have previously been approved under this section.
[d]
Type 4: new commercial telecommunications towers located on the same site as a similar tower previously approved under this section.
[e]
Type 5: new commercial telecommunications towers on new sites.
[3]
Detailed design standards.
[a]
Type 2 facilities located on existing utility poles or similar structures shall be of a size, color and profile to minimize visibility.
[b]
Type 3 facilities (co-located) shall be designed so that the height of the tower is not increased and the existing design elements are maintained.
[c]
Type 3, 4 and 5 facilities shall be subject to the following standards:
[i]
The facility shall not be sited in an open field, meadow or similar unwooded area.
[ii]
The height of any new tower shall be below that which would require the need for artificial lighting.
[iii]
No facility shall be silhouetted against the sky as seen from any viewpoint located 1,000 feet or more from the base of the facility.
[iv]
Unless specifically required by other regulations, all facilities shall have a neutral, earth-tone or similar painted finish that will minimize the degree of visual impact that a new facility may have.
[v]
Alternate designs shall be considered for new towers, including lattice and single-pole structures and facilities that simulate natural features or indigenous structures (steeples, silos, etc.).
[d]
Antennas should be designed with a minimum of protruding elements and shall be as close to the supporting building, pole or tower as possible.
[e]
Equipment shelters and similar accessory structures shall be of the minimum size necessary and shall either be concealed in existing structures or utilize materials, colors, shapes and textures that blend with the immediate surroundings or be buried underground.
[f]
No new antenna or ground equipment shall be placed on any existing facility or at any existing facility site which is nonconforming with respect to the height or setback standards set forth herein.
[g]
Except as required by law, no tower, antenna or ground equipment shall be lighted in such a way that the light source or any illumination is visible beyond the boundaries of the property.
[h]
The Planning Board shall require a review by a qualified structural engineer or other expert of the height and structural design of any new tower.
[i]
All proposed Type 4 or 5 commercial telecommunications towers and accessory structures shall be set back from abutting residential parcels, public property or street lines a distance sufficient to contain on-site substantially all ice-fall or debris from tower failure and preserve the privacy of adjoining residential properties.
[i]
All tower bases must be located at a minimum setback of 1.5 times the tower height from any property line. However, no facility shall be located within 1,500 feet of a district or structure listed or eligible for listing on the National or State Register of Historic Places.
[ii]
Accessory structures and repeaters must comply with the minimum setback requirements in the underlying district.
(e)
Site planning standards.
[1]
Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding eight inches in diameter (measured at a height of four feet off the ground) shall take place prior to approval of the special use permit. Clear-cutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited.
[2]
Screening. Deciduous or evergreen tree plantings shall be required where deemed necessary to screen portions of the facility and accessory structures from nearby residential properties as well as from public sites known to include important views or vistas. Where the site abuts residential or public property, including streets, the following vegetative screening shall be required: For all towers, at least one row of native evergreen shrubs or trees capable of forming a continuous hedge at least 10 feet in height within two years of planting shall be provided to effectively screen the tower base and accessory facilities. In the case of poor soil conditions, planting may be required on soil berms to assure plant survival. Plant height in these cases shall include the height of any berm.
[3]
Access. Adequate emergency and service access shall be provided. Maximum use of existing roads, public or private, shall be made. Road construction shall at all times minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. Straight roads perpendicular to the prevailing grade shall be avoided to the maximum extent possible.
[4]
Parking. No parking space shall be located in any required setback.
[5]
Fencing. Sites of proposed new towers and sites where modifications to existing towers are proposed shall be adequately enclosed by a fence, unless the applicant demonstrates to the Planning Board that such measures are unnecessary to ensure the security of the facility. The applicant shall be wholly responsible for ensuring that the telecommunications facility site and all structures situate thereon are safe and secure for all purposes, uses and activities.
(f)
Location and co-location of CTFs.
[1]
Location. CTFs shall only be located, upon issuance of a special use permit, in accord with the following standards:
[a]
CTFs which qualify as preferred facility Types 1 or 2, as defined in § 210-40D(13)(d)[2] above, are allowed by special use permit at any location in Town.
[b]
CTFs which qualify as Types 3, 4, or 5, as defined in Subsection D(13)(d)[2] above, shall be permitted only in the A-2.5 and A-4 Zoning Districts.
[2]
Type 3, shared use of existing facilities. At all times, shared use of existing facilities shall be preferred to the construction of new facilities. An applicant shall be required to present an adequate report inventorying existing facilities and other facilities within reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities as an alternative to a proposed new tower.
[a]
An applicant proposing to share use of an existing tower shall be required to document intent from an existing tower owner to allow shared use.
[b]
The Planning Board may consider a new commercial telecommunications tower where the applicant demonstrates that shared usage of an existing tower is impractical. The applicant shall be required to submit a report demonstrating good faith efforts to secure shared use from existing facilities as well as documentation of the physical and/or financial reasons why shared usage is not practical. Written requests and response for shared use shall be provided.
[3]
Type 4, shared usage of site with new tower. Where shared usage of an existing tower is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with § 210-40D(13)(f)[2] above.
[4]
Type 5, new tower at a new location. The Planning Board may consider a new commercial telecommunications tower on a site not previously developed with an existing tower when the applicant demonstrates that shared usage of an existing tower site is impractical and submits a report as described in § 210-40D(13)(f)[2] above.
[5]
Future shared usage of new facilities. The applicant shall design any proposed new commercial telecommunications tower to accommodate future demand for new facilities and shall provide written commitment to allow such future co-location of facilities for other CTF service providers. The scope of this analysis shall be determined by the Planning Board. This requirement may be waived only if the applicant demonstrates that provisions of future shared usage of the facility are not feasible and an unnecessary burden, based upon:
[a]
The number of Federal Communications Commission (FCC) licenses foreseeably available for the area;
[b]
The kind of tower site and structure proposed;
[c]
The number of existing and potential licenses without tower spaces;
[d]
Available spaces on existing and approved facilities; and
[e]
Potential adverse visual impact by a tower designed for shared usage.
(g)
Supporting documentation. In addition to the application for a special use permit, the applicant shall also submit the following:
[1]
Visual impact report. For any facility Type 3, 4 or 5, as described in § 210-40D(13)(d)[2] above, a zone of visibility map showing all land area within five miles of the proposed facility from which the proposed facility will be visible. In addition, a brightly colored balloon with a five-foot diameter shall be suspended at the maximum height of the proposed facility for at least four hours at a time and date specified by the Planning Board. The applicant shall place an advertisement announcing such test in the Town's official paper at least seven and no more than 10 days prior to the test.
[2]
Visual impact assessment. Based on the results of the zone of visibility map and balloon test, the Planning Board may require submission of additional data, including, but not limited to, a visual simulation of the proposed facility from specific viewpoints. Construction of a new tower or modification of an existing tower shall be subject to the relevant guidelines and criteria below that are determined by the Planning Board to be appropriate:
[a]
Assessment of before and after views from key viewpoints both inside and outside of the Town, including state highways and other major roads, state and local parks, and other public lands from any privately owned preserves and historic sites normally open to the public and from any other location where the site is visible to a large number of visitors or travelers. In its review of the visual impact assessment, the Planning Board shall consider, among other impacts, the visibility of the facility above nearby ridgelines, its height in relation to the tree crown in the surrounding area, its color and materials in relation to those of nearby structures and other factors which contribute to or detract from the harmony of the visual environment. A photo simulation to evaluate such impacts may be required.
[b]
Assessment of alternative tower designs and color schemes.
[c]
Assessment of the visual impact of the tower base, guy wires, accessory buildings and overhead utility lines from abutting properties and streets.
[3]
Site selection report.
[a]
Inventory of existing sites. The site selection report shall include an inventory of existing wireless telecommunications facilities, towers, and antenna sites within a reasonable distance (at least two miles in all directions) from the proposed site, outlining opportunities for shared use as an alternative to the proposed site. The applicant must demonstrate that the proposed tower, facility or antenna cannot be accommodated on an existing tower, building or structure. The documentation of existing sites shall include, but not be limited to, location (address and latitude and longitude), ground elevation, type of structure, antenna height, type of service, and name of owner or service provider.
[b]
Siting criteria. A description of the siting criteria and the process by which other possibilities were considered and eliminated, including but not limited to real estate search areas, accessibility to roads and utilities, distances and bearings to other system sites, acceptable radio signal levels and radio coverage areas, and/or microwave interconnection path requirements. The applicant shall support this statement with the submission of a study comparing all potential host sites within an approximate two-mile radius of the subject site. This study should include a description of the surrounding sites and a discussion of the ability or inability to host a facility.
[c]
Service coverage analysis. A service coverage map and report shall be provided. These maps shall demonstrate how the proposed facility works with existing facilities in the area to fill coverage gaps and/or holes in service. The service coverage map shall locate all existing sites in the Town and in bordering communities, which contain communications towers or related facilities. A detailed report shall accompany the service coverage map and shall indicate why the proposed communications tower, equipment and facility are necessary. The report shall identify locations within the proposed project site service coverage area, which are not, and could not be, served by either existing facilities, by collocation, utilization of alternative technology or an alternative tower structure. Measured data or drive testing results may be requested to demonstrate the accuracy of computer-generated simulations of radio coverage.
[d]
Radio frequency effect. Federal law currently provides that local municipal regulation of cellular communication and PCS towers based upon the environmental effect of radio-frequency emissions is preempted and prohibited as long as those emissions comply with FCC standards. The applicant shall provide sufficient evidence that the telecommunications facility will comply with Federal Communications Commission (FCC) radio frequency emission standards (FCC OET Bulletin 65).
[4]
Build-out plan. With any carrier's first application for a commercial telecommunications facility following the date of passage of this chapter, a build-out plan shall be submitted which depicts the general location, height and design of all other facilities which are deemed necessary within the Town to accomplish the applicant's coverage objectives and capacity requirements. Such build-out plan shall be based on the height, location and output of the initial proposed facility and shall include predicted coverage propagation plots indicating the signal level depicted, showing all existing and future facilities within the Town and within a five-mile radius of the Town's boundaries. The build-out plan shall include a narrative which explains the basis for selecting or eliminating sites.
[5]
Alternative build-out plans. If the applicant is proposing a Type 3, 4 or 5 facility, as defined in § 210-40D(13)(d)[2] above, the build-out plan described above shall be accompanied by an alternative plan(s) utilizing a combination of Type 1 or 2 facilities or an analysis demonstrating that such an alternative is not feasible.
(h)
Maintenance and removal of facilities.
[1]
Maintenance and/or performance bond. The Planning Board shall require the applicant and/or owner to post and file with the Town Clerk of the Town of Hurley, prior to approval of any application and/or license, a maintenance and/or performance bond in an amount sufficient to cover the cost of installation, maintenance and/or construction of said facility during its lifetime, including all screening landscaping and accessory structures. The amount required shall be determined in the sole discretion of the Planning Board, based upon the unique characteristics of the tower and site. In furtherance of the foregoing, the applicant and/or owner shall cooperate with the Planning Board in supplying all necessary construction and maintenance data to the Board prior to approval of any application and/or license to accomplish the foregoing.
[2]
Structural inspection.
[a]
The CTF owner shall establish an escrow account with the Town of Hurley to pay for an independent licensed structural engineer hired by the Town of Hurley to conduct inspections of the facility's structural integrity and overall safety every two years. A written report of the inspection results shall be prepared by the licensed structural engineer and submitted to the Building Inspector for review and action thereon.
[b]
Should the inspection of any CTF reveal any defect or change which the Building Inspector determines renders the facility or portion thereof unsafe, the Building Inspector shall notify the facility owner of the unsafe conditions and thereafter take necessary actions under law to have the unsafe conditions remedied.
[c]
Any modification of any existing CTF shall require a structural analysis, which shall be submitted to the Building Inspector for review. For the purposes of this subsection, "modification" is defined as any alteration, change or proposed change in structure or dimension of an existing facility, number of antennas, change in antenna type or model and repositioning of any antenna.
[3]
Removal of facilities.
[a]
Any CTF which ceases to operate for a period in excess of six months shall be wholly removed from the site. "Cease to operate" is defined as not performing all normal functions associated with operation of the CTF and its equipment on a continuous basis for a period in excess of six months.
[b]
Prior to special use permit approval being granted by the Planning Board, the CTF applicant, sponsor, lessee, contract vendee or owner, their successors and assigns, shall obtain a financial surety, bond or similar undertaking sufficient to cover the entire cost of removal of the commercial telecommunications facility and related facilities such as power lines, transformers, etc., and the reclamation of the affected landscape to substantially the same condition as prior to the facility's construction. Said financial surety, bond or similar undertaking shall be in an amount acceptable to the Planning Board and substantiated by a qualified and independent engineering expert as designated by the Planning Board. The amount of financial surety shall be reviewed every three years and, if necessary, increased to reflect current costs of facility removal and site reclamation.
[c]
As part of the application process, the applicant shall submit to the Planning Board a letter of commitment which shall commit the CTF owner and its successors and assigns to notify the Building Inspector, in writing, within 30 days of the discontinuance of use of the facility. Failure to notify and thereafter remove the facility and all appurtenances within a period not to exceed six months from the giving of said written notice shall be deemed a violation punishable under applicable provisions of this chapter. Notwithstanding this provision, the Building Inspector shall have the right to independently investigate any discontinuance of the facility and render a written determination setting forth the extent, duration and facts evidencing the violation and the discontinuance of the facility. Upon rendering said written determination, written notice of the determination shall be provided to the owner and the lessees of the facility and the owners of the real property upon which the facility is situate by certified mail, return receipt requested. Upon proven receipt of the notice of the determination by the facility owner, any lessee of the facility and the owners of the real property said facility is situate thereon, the Building Inspector and the Town of Hurley may commence legal proceedings to levy upon the financial surety, bond or similar undertaking and have the facility removed from the site in accordance with all applicable law.
[d]
Upon recommendation of the Planning Board, the Town Board may waive or defer the requirement that a commercial communications tower be removed if it determines that retention of such tower is in the best interest of the Town.
(i)
Approval and conditions.
[1]
Criteria for approval. Notwithstanding any other findings which it may make, the Planning Board shall specifically make all of the following findings before granting the special use permit:
[a]
That the applicant is not already providing adequate coverage and/or adequate capacity to the Town of Hurley;
[b]
That the applicant is not able to use existing facilities or sites to provide adequate coverage and/or adequate capacity to the Town of Hurley;
[c]
That the applicant has agreed to rent or lease available space on the facility, under the terms of a fair-market lease, without discrimination to other telecommunications providers;
[d]
That the proposed CTF does not exceed the minimum height required to provide adequate service and will not have a significant adverse impact on historic resources, scenic views, residential property values, natural or man-made resources; and
[e]
That the proposed CTF shall comply with all FCC regulations regarding emissions of electromagnetic radiation, and that the required monitoring program described in § 210-40D(13)(j) below is in place and shall be wholly paid for by the applicant.
[2]
Authority to impose conditions.
[a]
The Planning Board shall have the authority pursuant to special use permit review to impose such reasonable conditions as are directly related to and incidental to the proposed CTF, including that the special use permit may require periodic renewal.
[b]
The Planning Board shall act and render any special use permit final decision upon an application for a CTF in conformance within 47 U.S.C. § 332(7) of the Telecommunications Act of 1996, as promulgated and amended. In addition to the definition set forth, in this chapter, the term "commercial telecommunications facility" shall be deemed to encompass and regulate "personal wireless service facilities" as said facilities are defined at 47 U.S.C. § 332(7)(c)(i-iii).
(j)
Monitoring and evaluation of compliance.
[1]
Pretesting. After the granting of a special use permit and before the facility begins transmission, the applicant shall retain an independent consultant, at the applicant's expense, to monitor the background levels of EMF radiation around the proposed facility site and/or any repeater locations to be utilized for the applicant's facility. The independent consultant shall use a monitoring protocol consistent with accepted engineering practice. A report of the monitoring results shall be prepared by the independent consultant and submitted to the Planning Board.
[2]
Posttesting. Within 30 days after transmission begins, the owner(s) of any facility located on any facility site shall retain an independent consultant to conduct testing and monitoring of EMF radiation emitted from said site and report results of said monitoring to the Building Inspector within 15 days. The independent consultant shall use actual field measurement of radiation, utilizing a monitoring protocol consistent with accepted engineering practice, to measure levels of EMF radiation from the facility site's primary antennas as well as from repeaters (if any).
[a]
CT facility owner(s) shall provide the Building Inspector with copies of the annual report on emission compliance, certified by a licensed engineer, which is submitted to the FCC.
[b]
Any modification of an existing CT facility, or the activation of any additional permitted channels, shall require new monitoring.
[3]
Excessive emissions. Should the monitoring of a facility site reveal that the site exceeds the FCC OET-65 standard, then the owner(s) of all facilities utilizing that site shall be so notified. The owner(s) shall take all necessary measures to reduce emission within 30 days of initial notification of noncompliance. Failure to accomplish this reduction of emission to comply with the FCC OET-65 standard within 30 days of initial notification of noncompliance shall be a violation of the special use permit and be subject to penalties, fines and enforcement as specified in VIII, § 210-57A, of this chapter. Such fines shall be payable by the owner(s) of the facilities with antennas on the facility site until compliance is achieved.
[4]
All structural and nonstructural elements of the site, including towers, accessory structures, landscaping and stealth design features, shall be maintained in the condition on which the original special use permit was based.
(k)
Commitment for future shared use. New wireless communications towers shall be designed to accommodate future shared demand for reception and transmitting facilities. The applicant shall submit to the Town Board and Planning Board an irrevocable letter of intent committing the owner of the proposed new tower, and its successors in interest, to permit shared uses of the proposed tower by other telecommunications providers in the future. This letter shall also be filed with the Building Inspector prior to issuance of a building permit. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the site plan approval following a hearing and opportunity to be heard. The letter shall commit the new tower owner and its successors in interest to the following:
[1]
To notify all carriers licensed to provide telecommunications services within the Town of its application and that it will entertain requests for co-location.
[2]
To respond within 90 days to a request for information from a potential shared-use applicant.
[3]
To use best efforts and negotiate in good faith concerning future requests for shared use of the tower by other telecommunications providers.
[4]
To allow shared use of the tower if another telecommunications provider agrees in writing to pay reasonable charges. The charge may include but is not limited to a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity and depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.
§ 210-41 Site development plan approval.
[Amended 9-21-1991 by L.L. No. 1-1991; 4-8-1999 by L.L. No. 1-1999; 12-21-2007 by L.L. No. 6-2007]
A.
Approval required. No building permit shall be issued and no structure or use shall be established for any use designated in § 210-10, Permitted uses in all districts, as subject to site plan review except in conformity with a site development plan approved by the Planning Board, and no certificate of occupancy for such structure or use shall be issued until all the requirements for such approval and any conditions attached thereto have been met. The continued validity of any certificate of occupancy shall be subject to continued conformance with such approval plan and conditions. Revisions of such plans shall be subject to the same approval procedure.
[Amended 9-21-1991 by L.L. No. 1-1991]
B.
Application for site development plan approval. Any application for a building permit for a use requiring site development plan approval shall be made to the Zoning Enforcement Officer and shall be accompanied by a detailed development plan prepared by a qualified individual or firm, such as a registered architect or professional engineer, which plan shall contain the following information: a map showing the applicant's entire property and adjacent properties and streets, at a convenient scale; the proposed location, use and design of all buildings and structures; any proposed division of buildings into units of separate occupancy; existing topography, flood hazard areas, if any, and proposed grade elevations; location of all existing and proposed site improvements, including drains, culverts, retaining walls and fences; description of the method of water supply and sewage disposal and the location of such facilities; location and size of all signs; location and design of landscaping and buffer areas, location and design of lighting, power and communication facilities; and any other pertinent information as may be necessary to determine and provide for the proper enforcement of this chapter. All exterior lighting fixtures shall comply with the then-current guidelines published by the International Dark-Sky Association. A stormwater pollution prevention plan consistent with the requirements of Article I and II of Chapter 168 shall be required for site plan approval when land disturbance is one acre or more. The SWPPP shall meet the performance and design criteria and standards in Article II of Chapter 168. The approved site plan shall be consistent with the provisions of Chapter 168. The amount of land disturbance in acres for the tract shall be included. If a stormwater pollution prevention plan is not required, the subdivision plan will include GPS (Global Positioning System) reference data for stormwater outfalls and permanent structures built in accordance with New York State Stormwater Management Design Manual.
[Amended 12-21-2007 by L.L. No. 6-2007; 8-23-2021 by L.L. No. 1-2021; 11-22-2022 by L.L. No. 7-2022]
C.
Referral of application to Planning Board. Each application requiring site development plan approval, together with the required information described in § 210-41B above, shall be referred to the Planning Board by the Zoning Enforcement Officer within five days of the date of application. The applicant shall then be advised to appear at the next scheduled Planning Board meeting to discuss this proposal. Within 62 days of the date of the applicant meeting at the Planning Board meeting, the Planning Board shall forward its recommendation to the Zoning Enforcement Officer and the applicant and shall indicate whether the application should be approved, disapproved or approved with modifications and shall specify what modifications, if any, are necessary. No action shall be taken by the Zoning Enforcement Officer regarding the issuance of the permit applied for until the Planning Board has rendered its decision.
[Amended 4-8-1999 by L.L. No. 1-1999; 11-22-2022 by L.L. No. 7-2022]
D.
Standards for site development plan approval.
(1)
In acting on any site development plan application, the Planning Board shall take into consideration the recommendations of the Town Development Plan, the Official Map, the proposed location, height and bulk of buildings, traffic circulation within and without the site, provisions of off-street parking space, exterior lighting, buffer areas and other open spaces and display of signs so that any development will have an harmonious relationship with the existing or permitted development of contiguous land and of adjacent neighborhoods and so that pedestrian and vehicular traffic will be handled adequately and safely within the site and in relation to the adjoining street system.
(2)
The Planning Board shall also consider the comments and recommendations of all Town agencies interested in the application and all agencies to which referral is mandated by law. The Planning Board will also notify all abutting landowners noted on the drawings with respect to the application for site plan approval.
(3)
The Planning Board may hold a public hearing if deemed necessary in the manner provided in § 274-a, Subdivision 7, of the Town Law of the State of New York.
[Amended 4-8-1999 by L.L. No. 1-1999]
(4)
The Planning Board may schedule an on-site investigation to be accompanied by the applicant.
§ 210-42 Visual assessment in the A-4 District.
A.
Purpose. The A-4 District includes those areas of the Town in which development may pose the greatest potential for visual impacts. These districts include the Town’s highest elevations on the slopes of Tonshi and Ohayo Mountain, the lands surrounding the Ashokan Reservoir, the escarpment above the Hurley Flats and the agricultural lands of the Flats. The purpose of this section is to provide a procedure to assess the visual impact of proposed development in these areas and to establish standards and guidelines to minimize such impact.
B.
Applicability.
(1)
The procedures and requirements of this subsection shall apply when an application is submitted to the Zoning Enforcement Officer for a building permit in the A-4 District to erect a new structure or an addition to an existing structure when such addition exceeds a floor area of 1,000 square feet.
[Amended 11-22-2022 by L.L. No. 7-2022]
(2)
The provisions of this subsection shall not apply to lots in a subdivision for which the Planning Board has previously established building locations and site disturbance limitations as a condition of approval.
C.
Procedures.
(1)
Upon receipt of an application for a building permit, the Zoning Enforcement Officer shall refer the application to the Planning Board for review in accord with the provisions of this subsection.
[Amended 11-22-2022 by L.L. No. 7-2022]
(2)
The Planning Board shall place the matter on the agenda of its next regularly scheduled meeting for discussion with the applicant and review of building plans and related materials.
(3)
Field visit. At the meeting in which the application is being considered, the Board may schedule a field trip to the site of the proposed construction, accompanied by the applicant or his or her agent. The Board may also make arrangements for a field visit by individual Board members, accompanied by the applicant or his or her agent. Prior to such field trips or visits, the Planning Board may require staking and other field identification of driveway center lines, building corners, sanitary facilities and property lines.
(4)
Data requirements. In order for the Planning Board to properly consider the proposed construction in compliance with the standards in this subsection, the Board may request submission of the following data, as warranted on a case-by-case basis and if not deemed to be unduly burdensome for the applicant to provide:
(a)
A to-scale map of the property, showing accurate locations of property lines, means of access, and proposed structural and sanitary improvements. The Board may require submission of a property survey or a site plan prepared by a licensed professional.
(b)
Information about existing topography and soil conditions and existing vegetative cover; and proposed site disturbance and regrading plans, including revegetation and landscaping plans.
(c)
Information about on-site stormwater management and erosion and sedimentation control measures, including plans required by and submitted to any other approving agencies that show compliance with the applicable provisions of the New York State stormwater SPDES regulations, and all applicable local stormwater management regulations, as set forth in Chapter 168 of this Code.
(d)
Building elevations, floor plans and related architectural details; and samples of siding and roofing materials.
(e)
Supporting documentation on proposed foundations; retaining walls; building materials and finishes and exterior lighting.
(f)
A view shed analysis, including photographic documentation of existing views of the site and simulations of future views after site construction.
(5)
The Planning Board may take any one of the following actions after meeting with the applicant and determining that it has a complete application:
(a)
It may determine, based on available data, that the proposed building will not be visible from nearby roadways or significant viewing points and that it will have no visual impact.
(b)
It may determine that the design, location and materials of construction of the proposed building combined with the proposed preservation of natural vegetation will mitigate any visual impacts to the maximum extent practicable.
(c)
It may require that additional information be provided as to building size, features, location and materials and existing site vegetation and proposed site disturbance so that sufficient data is available to serve as the basis for the Board's decision.
(d)
It may require modifications to the building layout and location, the extent of site disturbance or vegetation removal, or other aspects of the site layout that it deems necessary to reduce identified visual impacts. The Board may require substantial tree and shrub replanting and other remedial measures to restore vegetation on sites where significant disturbance cannot be avoided.
(e)
The Planning Board may disapprove a plan that does not meet the standards of this subsection. In making such disapproval, the Planning Board must clearly state its findings and all identified visual impacts. The Board shall also indicate to the applicant those site modifications, as provided or under Subsection C(5)(d), which would create a development layout that would achieve a greater degree of conformance with the standards and objectives of this subsection.
(6)
The Zoning Enforcement Officer shall not issue a building permit until either:
[Amended 11-22-2022 by L.L. No. 7-2022]
(7)
Any modifications found necessary by the Planning Board shall be attached to the building permit as a condition of approval.
D.
Standards. In its review of applications, the Planning Board shall consider the following standards and guidelines in its assessment of the visual impact of buildings. The views to be considered shall be those from public roads, public parks or other public open space, the Ashokan Reservoir and its adjacent land and roadways and the Hurley Historical District.
(1)
The highest point of a building shall not extend above the elevation of the nearest ridgeline.
(2)
The exterior of buildings shall be of muted colors and nonreflective materials so as to blend in with the natural background.
(3)
Existing vegetation and natural growth shall be retained to the maximum extent practicable to screen buildings and to avoid distinct boundary edges between natural vegetation and developed sites.
(4)
Changes in the natural contours shall be kept to the necessary minimum and all disturbed areas shall be restored with vegetation compatible with the surrounding area.
(5)
Exterior lighting fixtures shall be no higher than 15 feet above the average finished grade within a twenty-foot radius. The light source shall be shielded from direct view above a line drawn from the lowest point on the light source to the ground at an angle of 45°.
(6)
Buildings shall be set back 100 feet from the edge of escarpments where possible.
(7)
The Planning Board shall make reasonable efforts to balance the need for minimizing potential visual impacts from new development with the need to allow applicants to design and locate structures in a manner that minimizes energy consumption and utilizes renewable energy resources.
E.
[2]Issuance of permit. If the report of the Planning Board indicates that all applicable requirements have been met and the Zoning Enforcement Officer has determined that all other applicable laws have been complied with, the Zoning Enforcement Officer shall take action to approve, with appropriate conditions, the permit, and he or she shall issue the permit for which application has been made, with said conditions noted thereon. The Zoning Enforcement Officer shall attach such conditions and safeguards to the permit as may have been recommended by the Planning Board in its report. If the Planning Board shall make a finding that any of the applicable requirements have not been met, the Zoning Enforcement Officer shall deny the issuance of a permit for which application has been made.[3]
[Amended 11-22-2022 by L.L. No. 7-2022]
F.
Appeal of decision of Zoning Enforcement Officer. If the Zoning Enforcement Officer, after consideration of the report of the Planning Board, issues the permit applied for, any person aggrieved by said action or, in case the Zoning Enforcement Officer denies the issuance of such permit, the applicant shall have the right to have the Zoning Board of Appeals entertain, hear, consider and determine such matter and have the decision and action of the Zoning Enforcement Officer reviewed, as provided for in this chapter.
[Amended 11-22-2022 by L.L. No. 7-2022]
G.
Expiration of site plan approval. Site plan approval by the Planning Board shall be deemed to authorize only the particular use or uses specified in the approval and shall expire if: a building permit is not requested within 12 months from the date of approval; a certificate of occupancy is not requested within 24 months from the date of approval; or if said uses shall cease for more than 12 months for any reason, including, but not limited to, lack of operation or maintenance in accordance with the conditions and safeguards established at the time of approval. An extension of the site plan approval may be granted by a majority vote of the Planning Board.
§ 210-43 (Reserved) [1]
[1]
Editor’s Note: Former § 210-43, Accessory apartments and conversions, added 9-21-1991 by L.L. No. 1-1991, was repealed 11-17-2008 by L.L. No. 2-2008.
§ 210-44 Route 28 Overlay District.
[Added 9-21-1991 by L.L. No. 1-1991; amended 5-28-2019 by L.L. No. 1-2019]
A.
Purpose. The purpose of this district is to preserve property values while preventing adverse traffic conditions by providing opportunities for optional use of properties on Route 28 for which residential use may no longer be suitable. The additional uses permitted, subject to specific standards, are in addition to those permitted in the underlying NC - Neighborhood Commercial Zoning District.
C.
Design standards for Route 28 Overlay District. The New York State Route 28 within the Town of Hurley is an important gateway to the Catskill Park and also provides an opportunity for the introduction of new buildings or the rehabilitation of existing structures on previously developed sites. The Town Board recognizes the importance of design guidelines for the New York State Route 28 corridor to provide guidance for creating aesthetically pleasing and functional development within the hamlet of West Hurley. Design guidelines provide a basis for property owners, architects, engineers, landscape architects, developers, Planning Board members, residents and Town officials to address site development issues within the New York State Route 28 corridors.
More specifically, design guidelines are intended to:
(1)
Stimulate improvements to existing structures and encourage new development within these commercial corridors.
(2)
Improve the appearance of the New York State Route 28 corridor in West Hurley to sustain interest in and the viability of this area as a hub of retail, office and other commercial activity.
(3)
Provide a consistent methodology for review of proposed projects.
(4)
Inspire creativity and quality in design of all structures and in site development.
(5)
Foster an exchange of ideas among developers, Town officials and residents in an effort to improve the quality of design in all projects both public and private.
D.
Design guidelines adopted. To encourage high-quality and aesthetically pleasing design of commercial properties within the Town's New York State Route 28 corridor, the Town of Hurley Town Board hereby appends the document entitled "Design Guidelines for New York State Route 28 Corridor," which is provided herein as Schedule D.[1] This document shall provide general guidelines and principles appropriate to the site design of commercial properties as well as the architectural features of commercial buildings, along with visual examples of attractive and effective application of such design principles for use in the development of site plan applications, building elevations and as a basis for the Planning Board's review and comments regarding such applications.
[1]
Editor's Note: Said design guidelines are included as an attachment to this chapter.
E.
Conflicting provisions. If any provisions of these design guidelines are inconsistent with one another, or if they conflict with provisions found in other adopted codes, ordinances, or regulations of the Town of Hurley, New York, the more restrictive provision will control unless otherwise expressly provided.
§ 210-45 Planned residential developments.
[Added 9-21-1991 by L.L. No. 1-1991]
A.
Objectives.
(1)
The regulations and procedures in this section have been developed because it is recognized that, in certain instances, flexibility in the type, standards and mixture of residential uses may benefit the Town and its residents. This is particularly true of residential developments which are planned and developed as a unit, which are self-contained, and which occupy sites of sufficient size to provide adequate separation from adjacent uses and properties. Therefore, it is the primary objective of this section to provide procedures so that the Town may consider whether specific development proposals, which meet the general standards established herein, conform to the objectives of the concept plan for the Town, will benefit the general welfare of the community and could not be equally as well located in another zoning district already designated on the Zoning Map for the proposed use.
(2)
This section recognizes that while the standard zoning function (use and bulk) and the subdivision function (platting and design) are appropriate for the regulation of land use in areas that are already substantially developed, these controls may restrict and inhibit the flexible techniques of land development contained in the planned development concept. Further, it is recognized that a rigid set of bulk and use specifications would frustrate the application of this concept. Thus, where PRD techniques are deemed appropriate through the rezoning of land to a planned residential development district by the Town Board, the area and bulk requirements specified elsewhere in this chapter are hereby replaced by an approval process in which an approved plan becomes the basis for continuing land use controls.
(3)
In order to carry out the intent of this section, a PRD shall achieve the following objectives.
(a)
A maximum choice in the types of environment, occupancy, tenure, types of housing, lot sizes and community facilities available to existing and potential Town residents at all economic levels.
(b)
Flexibility in the location and design of small scale nonresidential uses which support and are compatible with residential areas.
(c)
The preservation of trees, outstanding natural topography and geologic features and prevention of soil erosion.
(d)
A creative use of land and related physical development which allows an orderly transition between lands of differing characteristics.
(e)
An efficient use of land resulting in smaller networks of utilities and streets.
(f)
A development pattern in harmony with the objectives of the Town of Hurley Comprehensive Plan.
B.
General requirements for planned residential development.
(1)
Minimum area. The minimum area required for a planned residential development district shall be 50 acres.
(2)
Ownership. The tract of land for a PRD must be owned, leased or controlled by a single person, partnership or a corporation. Any approvals or conditions imposed shall be binding on all future owners or tenants as well.
(3)
Location of PRD districts. The PRD district shall be restricted to sites in the Town that have at least 200 feet of frontage on and direct access to a state or county highway.
(4)
Permitted uses. All uses within an area designated as a PRD district shall be determined by the provisions of this section and the approval of the project concerned. Permitted uses may include any one or a combination of the following:
(a)
Residential uses. Residences may be of any type or combination of types, including single-family homes, townhouses or multifamily residences.
(b)
Nonresidential uses. The only nonresidential uses permitted shall be those which are clearly incidental to and provide services to the primary residential uses, such as neighborhood stores, community services, etc. Consideration shall be given to the design, function and location of such uses in determining their appropriateness as part of the PRD.
(c)
Customary accessory or associated uses. Accessory uses, such as private garages, storage places, recreational and community activities, churches and schools shall also be permitted as appropriate to the PRD.
(5)
Intensity of land use.
(a)
Maximum density. Because land is used more efficiently in a PRD, improved environmental quality can often be produced with a greater number of dwelling units per gross site area than usually permitted in traditionally zoned districts. The Town Board shall determine in each case the appropriate land use intensity and/or dwelling unit densities for individual projects. The determination of land use intensity ratings or dwelling unit densities shall be completely documented, including all facts, opinions and judgments justifying the selection of the rating or density. However, the following maximum land use intensities shall not be exceeded:
(b)
Minimum scale of development. Since one purpose of these PRD regulations is to accommodate development which cannot easily be situated within a zoning district already designated and one measure of such circumstances is the scale of proposed development, the initial size of any development proposed in a PRD district shall be not less than 50 dwelling units.
(6)
Common property and open space.
(a)
"Common property" in a PRD is a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which is shared by the owners and occupants of the individual building sites. Common property may be either in public or private ownership. When common property exists in private ownership, satisfactory arrangements must be made for the improvement, operation and maintenance of such common property and facilities, including private streets, drives, service and parking areas and recreational and open space areas.
(b)
At least 30% of the gross site area in a PRD shall be set aside as open space and shall remain and be maintained open in perpetuity. "Open space" does not include roads, utility rights-of-way, drainage channels or any other open areas with a minimum dimension of 200 feet at any point. Such open space shall not be disposed of for any future development, but may, at the Town's option, be conveyed to the Town or to an appropriate not-for-profit corporation or association formed to operate and maintain said open space.
(c)
The ownership of open space land created as part of a PRD shall be approved by the Town Board. The Town Board shall retain the right to review and approve the articles of incorporation and charter of any ownership entity and to require whatever conditions it shall deem necessary to ensure that the intent and purpose of this section are carried out.
C.
Planned residential development application procedure and zoning approval process.
(1)
General. Whenever any Planned Residential Development (PRD) is proposed, before any permit for the erection of a permanent building in such PRD shall be granted and before any subdivision plan or any part thereof may be filed in the office of the County Clerk, the developer or his or her authorized agent shall apply for and secure approval of such PRD in accordance with the following procedures.
(2)
Application to the Planning Board for sketch plan approval.
(a)
In order to allow the Planning Board and the developer to reach an understanding on basic design requirements prior to final design, the developer shall submit a sketch plan of his or her proposal to the Planning Board. The sketch plan shall be to scale and shall clearly show the following information:
[1]
The location of the various types of residential uses and their areas in acres.
[2]
The layout of the interior roadway system and all existing rights-of-way and easements, whether public or private; the location and design of parking and loading areas; access and egress locations.
[3]
The location, height and use of all buildings, plus a calculation of the density per gross acre (total area, including interior roadways) for each use type and for each subarea or section.
[4]
The location and size of recreation and open space systems and buffer areas.
[5]
The overall drainage system; watercourses; wetlands; wooded areas; fences, walls, rock outcroppings, etc.
[6]
A topographic map showing contour intervals of not more than five feet of elevation along with an overlay outlining areas where grades exceed 15% and portions of the site having a moderate to high susceptibility to erosion or a moderate to high susceptibility to flooding and ponding.
[7]
Location and preliminary design of sewage disposal and water supply systems.
[8]
General description of the impact on community facilities, such as schools, fire protection services and cultural facilities, if any, and some indication of how these impacts are proposed to be accommodated.
[9]
A location map showing uses, ownership and physical features of adjacent lands within 2,500 feet and analysis of the impact on water supply, sewage disposal and surface drainage of such properties.
(b)
In addition, the following documentation shall accompany the sketch plan:
[1]
A general statement as to how common open space is to be owned and maintained.
[2]
If the development is to be staged, a general indication of how the staging is to proceed. Whether or not the development is to be staged, the sketch plan shall show the intended total project.
[3]
Evidence of any sort in the applicant's own behalf to demonstrate his or her competence to carry out the plan and his or her awareness of the scope of such a project, both physical and financial.
(3)
Planning Board review. The Planning Board shall review the sketch plan and its related documents and shall render either a favorable report to the Town Board or an unfavorable report to the applicant. The Planning Board may, at its option, hold a public hearing prior to its action.
(a)
A favorable report shall include a recommendation to the Town Board that a public hearing be held for the purpose of considering the designation of a PRD district. It shall be based on the following findings, which shall be included as part of the report:
[1]
The proposal meets the intent and objectives of planned residential development and this chapter.
[3]
The proposal is conceptually sound in that it meets local and area-wide needs and it conforms to accepted design principles in the proposed roadway and pedestrian system, land use configuration, open space system, drainage system and scale of the elements, both absolutely and to one another.
[4]
There are adequate services and utilities available or proposed to be made available in the construction of the development.
(b)
An unfavorable report shall state clearly the reasons therefor and, if appropriate, point out to the applicant what modifications might be considered in order to receive a favorable report.
(4)
Application to the Town Board for PRD districting.
(a)
Upon receipt of a favorable report from the Planning Board, the Town Board shall proceed to schedule and conduct a public hearing for the purpose of considering designation of a PRD district for the applicant's plan in accordance with the procedures established under Article X of this chapter. The applicant may appeal an unfavorable report to the Town Board. The Board may, upon a vote of a majority plus one additional vote, proceed to hold a public hearing on its own initiative.
(5)
Action by the Town Board.
(a)
The Town Board may grant approval of the application and designate the PRD district, as requested, upon a finding that the objectives set forth in Subsection A will be achieved and that, based on review of potential environmental effects, the proposal minimizes or avoids adverse environmental impacts to the maximum extent practicable.
(b)
The Town Board shall disapprove the application if it finds that, in its opinion, the objectives of Subsection A will not be achieved or that adverse environmental impacts are not minimized or avoided to the maximum extent practicable.
(c)
If the Town Board grants the application for a PRD district, the Zoning Map shall be so notated. The Town Board may, if it feels it necessary in order to fully protect the public health, safety and welfare of the community, attach to its zoning resolution any additional conditions or requirements for the applicant to meet. Such requirements may include, but are not confined to, visual and acoustical screening, land use mixes, order of construction and/or occupancy, circulation systems, both vehicular and pedestrian, availability of sites within the area for necessary public services, protection of natural and/or historic sites and other such physical or social demands. The Town Board shall state at this time its findings with respect to the land use intensity or dwelling unit density as called for above.
D.
Site plan approval process (if the Town Board designates the PRD district).
(1)
Application to the Planning Board. Application for site plan approval shall be submitted to the Planning Board and shall be accompanied by the following information, prepared by a licensed engineer, architect and/or landscape architect:
(2)
County Planning Board review. Upon receipt of the application for site plan approval, the Planning Board shall refer said application to the County Planning Board for its report if required under § 239-m of the General Municipal Law.
(3)
Review considerations. The Planning Board shall consider the following factors during its review of the site plan:
(a)
Adequacy and arrangement of traffic access and circulation, including intersection design, road widths, channelization structures and traffic controls.
(b)
Adequacy and arrangement of pedestrian access and circulation, including separation of pedestrian from vehicular traffic, control of intersections with vehicular traffic and pedestrian convenience.
(c)
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(d)
Location, arrangement, size and design of buildings, lighting and signs.
(e)
Relationship of the various uses to one another and their relative scale.
(f)
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or a noise deterring buffer between adjacent uses and adjoining lands.
(g)
Adequacy and distribution of usable open space for playgrounds and informal recreation.
(h)
Adequacy of stormwater, water supply and sanitary waste disposal facilities, including impact on adjacent properties and systems.
(i)
Adequacy of structures, roadways and landscaping areas with moderate to high susceptibility to flooding, ponding and/or erosion.
(j)
Protection of adjacent properties against glare, unsightliness or other objectionable features.
(k)
Overall environmental impact.
(l)
Conformance with other specific charges of the Town Board which may have been stated in the zoning resolution.
(4)
Planning Board action.
(a)
The Planning Board shall set a public hearing date within 60 days of receipt of a complete application. It shall render a decision within 90 days of the hearing and notify the applicant and the Town Board of its decision.
(b)
The Planning Board's decision may include recommendations as to desirable revisions to be incorporated in the site plan, which shall be considered a condition of approval. Such recommendations shall be limited, however, to siting and dimensional details within general use areas and shall not significantly alter the sketch plan as it was approved in the zoning proceedings.
(c)
If the site plan is disapproved, the Planning Board's statement shall contain the reasons for such findings. In such a case, the Planning Board may recommend further study of the site plan and resubmission of the site plan to the Planning Board after it has been revised or redesigned.
(d)
No modification of existing storm channels, filling of lands with a moderate to high susceptibility to flooding, grading or removal of vegetation in areas with moderate to high susceptibility to erosion or excavation for and construction of site improvements shall begin until the developer has received site plan approval. Failure to comply shall be construed as a violation of this chapter.
(5)
Request for changes in sketch plan. If, during site plan development, it becomes apparent that certain elements of the sketch plan, as it has been approved by the Town Board, are unfeasible and in need of significant modification, the applicant shall then present his or her solution to the Planning Board. The Planning Board shall then determine whether or not the modified plan is still in keeping with the intent of the zoning resolution. If a negative decision is reached, the site plan shall be considered as disapproved. The developer may then, if he wishes, produce another site plan in conformance with the approved sketch plan. If an affirmative decision is reached, the Planning Board shall so notify the Town Board, stating all of the particulars of the matter and its reasons for finding that the project should be continued as modified. Site plan approval may then be given only with the consent of the Town Board.
(6)
Staging. If an applicant wishes to stage his or her development, and he or she has so indicated as per Subsection C(2)(b)[2], then he or she may submit only those stages he or she wishes to develop for site plan approval in accordance with his or her staging plan. Any plan which requires more than 24 months to be completed shall be required to be staged; and a staging plan must be developed. It is the intent of this regulation that individual stages of the PRD will have an integrity of uses in their own right so that, if for any reason, the entire PRD would not be completed, those portions of the PRD already constructed will be an asset to the community by themselves. Staging plans must take account of this objective and developers proposing individual stages that deviate significantly from the overall character of the PRD should present convincing evidence that such a stage is indeed in keeping with this section.
E.
Other regulations applicable to planned residential developments.
(1)
Regulations after initial construction and occupancy. For the purpose of regulating development and use of property after initial construction and occupancy, any changes other than use changes shall be processed as a special permit request to the Planning Board. Use changes shall also be in the form of a request for special permit, except that Town Board approval shall be required. It shall be noted, however, that properties lying in PRD districts are unique and shall be so considered by the Planning Board or Town Board when evaluating these requests; and maintenance of the intent and function of the planned unit shall be of primary importance.
(2)
Site plan review and subdivision approval. Site plan review under the provisions of this section shall suffice for Planning Board review of subdivisions under Town Subdivision Regulations, subject to the following conditions:
(a)
The developer shall prepare sets of subdivision plats suitable for filing with the office of the Ulster County Clerk in addition to those drawings required above.
(b)
The developer shall plat the entire development as a subdivision; however, PRD's being developed in stages may be platted and filed in the same stages.
(3)
Financial responsibility; performance guaranties for planned residential development. As a condition of final approval, the Town Board may require the posting of such performance guaranties as it deems necessary to ensure the installation of necessary improvements. Said performance guaranty shall be for a period to be determined by the Town Board. The amount of the performance guaranty may be reduced by the Town as portions of the required improvements have been completed.
(4)
Fees. Fees for applications for PRD districting and site plan approval shall be in accord with a schedule for fees adopted by the Town Board. Such fees shall be based on the size and complexity of the proposed development and shall be sufficient to cover costs of all required reviews, including those related to the review of environmental impacts and the retention of professional assistance, if necessary.