Customary home occupations. The Town may regulate the siting of home occupations to promote the health, safety, and general welfare of the community. The purpose of this subsection is to provide an opportunity in Kinderhook to establish home occupations, in accordance with the character of the district, that conserve the value or buildings and the rural character of the Town and encourage appropriate land use and do not change the residential character of the residence or neighborhood in which they are located.

Home occupation in qualified structure.

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.

In any district, excavation relating to the construction on the same lot of a building or structure for which a permit has been issued shall be permitted. In the event that construction of a building or structure is stopped prior to completion and the 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.

For excavations for soil mining, see § 250-29.

No offensive or objectionable vibration or glare shall be noticeable at or beyond the property line.

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.

There shall be no discharge of any liquid or solid waste into any stream or body of water or any public or private disposal system or into the ground of any materials of a nature that may contaminate any water supply, including groundwater supply.

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.

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.

Accessory structures not attached to the main building shall be located no less than five feet from the main building.

In a residential district, accessory uses not enclosed in a building, including swimming pools and tennis courts, may not be located in front yards of such lot and shall be distant not less than 20 feet from any lot line. No boat nor truck over a one-ton capacity shall be stored on any residential lot in the R-2 or H District, except in the rear yard, nor closer than the required side yard to any side lot line.

Accessory buildings shall comply with front yard requirements for the main building to which they are an accessory and shall not be closer to any side or rear property line than five feet. Accessory structures that exceed 150 square feet in size shall be subject to the Density Control Schedule[1] for each zoning district. The maximum height of any accessory structure of less than 150 square feet shall be 12 feet.

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.

Where a lot in an industrial district abuts a lot in a residential district, such lot in the industrial district shall meet the requirements of § 250-21C(2)(d) and (g).

The processing and storage of agricultural products, including packing, warehousing and storing, is permitted, except that slaughterhouses, rendering, fertilizer plants and canneries are prohibited. The unenclosed storage of manure or areas for storage of dead fowl or other odor- or dust-producing substances or uses shall not be permitted within 100 feet of a property line or public street right-of-way. The storage of manure shall be done in a prudent manner, with periodic removal consistent with good agricultural practices. Facilities or structures for the storage of livestock, as defined by § 301 of Article 25-AA, Agricultural Districts, of the New York State Agriculture and Markets Law, must be set back a minimum of 100 feet from the property line. The free range of livestock outside of the property line is not permitted.

However, the temporary placement of facilities or structures for the storage of livestock, used for education purposes only, would only need to meet the setback requirements noted in the Density Control Schedule[2] for the zoning district in which the property is located. "Temporary" means the structure or facility for the housing of livestock will be removed within a period of one year or less. In addition, the Code Enforcement Officer must be notified in writing upon the start and end date of the proposed temporary facility or structure.

Facilities or structures for the storage of livestock or manure which preexist the date of this subsection can remain in place as long as they do not become a public nuisance.

Right to farm. Farmers, as well as those employed, retained or otherwise authorized to act on behalf of farmers, may lawfully engage in farming practices within the Town of Kinderhook at any and all such times and at such locations as are reasonably necessary to conduct the business of farming. For any farming activity or operation, in determining the reasonableness of the time, place and methodology of such operation, due weight and consideration shall be given to both traditional customs and procedures in the farming industry, as well as to advances resulting from increased knowledge and improved technology. For farms located within a designated New York State Agricultural District, the New York State Department of Agriculture and Markets shall determine what agricultural practices are to be considered reasonable.

Presumption to exist. There shall exist a presumption that no agricultural use that conforms to all relevant federal, state or local statutes, rules and regulations or ordinances and which does not pose a direct threat to public health and safety shall constitute a public nuisance, nor shall any such use be deemed to otherwise invade or interfere with the use and enjoyment of any other land or property.

Notice to existing and prospective residents.

Subdivision in agricultural districts. New dwellings in any subdivision should be sited to ensure maximization of open land for agriculture. The building envelopes should be located so as to disturb the least amount of prime agricultural soils as possible.

Compliance with New York State Agriculture and Markets Law Article 25-AA. The Planning Board and Zoning Board of Appeals shall ensure that the Town follows required procedures from New York State Agriculture and Markets Law Article 25-AA, §§ 305 and 305-a, prior to all zoning, subdivision and site plan approvals in and within 500 feet of a designated New York State Agricultural District. All requirements, including the notice of intent, agricultural impact statement, and review of the application by the Columbia County Agriculture and Farmland Protection Board, shall be followed. The Town shall ensure that local planning approvals recognize the policy and goals of the New York State Agricultural District's law and avoid unreasonable restrictions on farm operations with such district.

Farm-related businesses. Farm-related businesses that are conducted outside the home, but on the farmed parcel, are subject to the following regulations:

For lands located in the Prime Farmland Overlay District, see § 250-35.

Office, business and commercial uses.

Industrial uses:

Public and semipublic uses:

Recreational uses:

Residential uses:

Parallel curb parking: twelve-foot aisle width for one-directional flow and twenty-four-foot aisle width for two-directional flow.

Thirty-degree parking: thirteen-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.

Forty-five-degree parking: sixteen-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.

Sixty-degree parking: twenty-one-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.

Perpendicular parking: twenty-six-foot aisle width for one-directional and two-directional flow.

In any residential 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.

In business districts or industrial districts, such spaces shall be provided on the same lot or not more than 400 feet therefrom.

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.

Location of parking lots shall be to the side or rear, according to this chapter.

For funeral homes: one berth for each chapel.

For hotels, motels and resort hotels, resort lodges, resort ranches: one berth for floor area in excess of 10,000 square feet.

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.

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.

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 each additional 25,000 square feet of floor area, unless it can be proven that truck deliveries shall not exceed one vehicle per day.

In the B-1 (Business 1) Zone located in the Town of Kinderhook, the Planning Board, in its sole discretion, upon reviewing any application for a site plan, may allow the use of lands to the rear of any structure not zoned B-1, provided that a corresponding amount of land is set aside in the front of any structure in excess of any front yard setback requirement. This additional land located in the front yard shall not contain any improvements, with the exception of a driveway or approved sign.

The use of the lands in the non-B-1 Zone shall be only for off-street parking and the accessways to public highways from the parking areas; provided, however, that, as a condition of obtaining an approval for said use, the Planning Board shall require ample screening and shall find that the location of the parking area and any accessway thereto does not interfere with the surrounding non-B-1 neighborhood.

Permitted uses.

Prohibited uses.

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:

Specific standards. The following specific standards are hereby adopted for and must be complied with by any use in any Light Industrial District before the same shall be permitted, established, maintained or conducted:

Proper and adequate water supply, sewage and waste disposal, other utility services and accessibility to and from public streets must be provided.

Special consideration must be given to the traffic generated by each proposed use in a Light Industrial District, and no undue traffic volume shall be permitted. Such data is to be submitted with each petition for amendment. It shall be the policy of the Town not to rezone when it is anticipated that undue traffic volume will be placed on residential streets.

A plan of the site and surrounding areas, drawn to scale and accurately dimensioned, showing the location of the existing and proposed land use areas, lots, buildings, structures, parking and loading areas and access roads and streets, community facilities and topography.

The use and height of each proposed building or structure, yard lines, lot coverage, the number of parking spaces in each proposed parking area and the expected flow of traffic in and out of the area.

Any additional data as may be requested by the Planning Board in order to determine the suitability of the tract for the proposed development.

The purpose of this section is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor advertising signs, window or door signs and outdoor signs of all types. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the historic and rural character of the Town, preserve the community's unique scenic vistas and provide for an overall more visually enjoyable and pleasing landscape.

It is further intended to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by overhanging or projecting signs over public rights-of-way, provide more visual open space and protect the community's appearance and attractiveness.

Size, build, mass.

Materials.

Structural members.

Lighting and illumination.

Orientation.

General and specific locations.

Proximity to streets and intersections.

Design, including character of lettering, logos and contents.

Site and context.

Number and frequency of existing signage within the immediate vicinity.

Zoning district regulations.

Any other criteria the administrator deems pertinent to protecting the health, safety and welfare of the public.

No sign as defined herein shall be hereinafter erected without first obtaining a permit from the administrator.

Application for a permit shall be made in writing, in duplicate, upon forms prescribed and provided to the administrator and shall contain the following information:

Permit fees shall be set and promulgated by the Town Board and may be modified by the Town Board as may be necessary to defray the expenses of administration, compliance and enforcement of the provisions hereof.

If the sign authorized under any such permit has not been completed within six months from the date of issuance thereof, such permit shall become null and void but may be renewed within 30 days from the expiration thereof, for good cause shown and upon payment of an additional fee as set by the Town Board.

A determination by the administrator on the application for a sign permit must be made within 30 days of receipt of the application.

On-premises signs legally erected or approved before the effective date of this section which do not conform to the provisions of this section may continue to be maintained; provided, however, that no such sign shall be permitted if it is, after the adoption of this section, enlarged or reworded (other than signs with automatic or manually changing messages such as theater or cinema marquees), except to conform to the requirements of this section.

In addition, any preexisting nonconforming signs which do not have a sign permit on record with the Town of Kinderhook must apply for a sign permit within one year of the effective date of this section.

There shall not be constructed in the Town of Kinderhook any new off-premises signs or sign faces. However, off-premises signs are permitted only in circumstances where two or more individual businesses share a driveway as per § 250-23P(2)(d) below. In such cases, shared signs to service multiple parcels are encouraged.

Off-premises signage in existence on the effective date of this section, which has been legally erected and maintained but which does not comply with the provisions hereof, may continue to be maintained and repaired in place so long as the size of the sign is not increased in terms of faces, length or height.

Any sign, existing on or after the effective date of this section, which no longer advertises an existing business conducted or product sold on the premises upon which the sign is located shall be removed within a twelve-month period.[2]

The administrator may cause any sign or decoration that is a source of immediate peril to persons or property to be removed immediately and without notice.

Any person aggrieved by the decision or action of the administrator under this section or any person wishing to construct, install or erect a sign other than as permitted herein shall be entitled to make application to the Board of Zoning Appeals for modifications of the provisions herein.

Such applicants shall comply with all procedural requirements of the Board.

Historical markers, tablets, statues, memorial signs and plaques; names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel or similar material; and emblems installed by governmental agencies or religious or nonprofit organizations.

Flags and insignia of any nation, government or school, except when displayed in connection with commercial promotion.

On-premises directional signs for the convenience of the general public, identifying public parking areas, fire zones, entrances and exits and similar signs, not to exceed four feet per face and six feet in height and that do not convey an advertising message or logo.

Nonilluminated "warning," "private drive," "posted" or "no trespassing" signs, not to exceed two square feet per face.

One on-premises sign, either freestanding or attached, in connection with any residential building in a zoning district which permits professional offices or home occupations, not to exceed two square feet. Such sign shall state the name, vocation and telephone number only.

Name and number plates, identifying residents, mounted on detached houses, mailboxes or multifamily houses of four units or less, that do not exceed one square foot in area.

Address signs on multiple dwelling units of five or more that do not exceed two square feet.

Private-owned merchandise sale signs for garage sales or auctions, not to exceed four square feet and one in number, for a period not to exceed seven days.

Temporary nonilluminated "for sale," "for rent," real estate signs and signs of a similar nature, concerning the premises upon which the sign is located; in a residential zoning district, one sign, not to exceed four square feet per side in area; in a business or industrial zoning district, one sign, not to exceed 50 square feet. All such signs shall be removed within 14 days after the sale, lease or rental of the premises.

Temporary, nonilluminated window signs and posters, provided that such do not exceed 25% of the window surface.

At gasoline stations, any integral graphics or attached price signs on gasoline pumps or otherwise required by state law.

Directional signs for meetings, conventions and other assemblies.

One sign, not exceeding six square feet in the residential zoning districts nor 16 square feet in nonresidential zoning districts, listing the architect, engineer, contractor, and/or owner on premises where construction, renovation or repair is in progress.

Political signs, not exceeding six square feet in residential zoning districts and not exceeding 16 square feet in nonresidential districts, that are in place for no more than 30 days and no longer than five days after the election.

Temporary, nonilluminated signs advertising seasonal agricultural goods and not to exceed 48 square feet and four in number and set back at least 10 feet from the property line.

One temporary promotional banner or poster, not exceeding 16 square feet in size, located on property in nonresidential areas at least 10 feet from the property line.

Nonilluminated signs on the interior sides of fences which enclose athletic fields owned by the Town, as well as on scoreboards contained within these athletic fields.

No off-premises signs shall be allowed other than as permitted in § 250-23G.

No sign(s) whose design, color or placement impairs visibility or causes confusion to vehicular or pedestrian traffic shall be allowed.

No roof signs shall be allowed.

No signs in nonresidential districts shall be attached to trees.

No portable signs shall be allowed.

No representational signs shall be allowed.

No animated signs shall be allowed.

No advertising message shall be spread over more than one sign.

No signs shall be attached to utility poles.

No digital signs shall be allowed.

General.

Specific.

Residential districts.

Nonresidential districts.

Signs should be designed to be compatible with the surroundings and appropriate to the architectural character of the buildings on which they are placed.

Sign panels and graphics should not obscure architectural features and should be in proportion to them.

Layout of graphics and text should be orderly and of simple shape. Lettering should be professional looking.

Mobile home park sites.

Mobile home lots.

Placement of mobile homes. No mobile home shall be parked or otherwise located nearer than a distance of:

Accessibility of streets and driveways.

Off-street parking.

Utilities and service facilities.

Open space.

Landscaping.

Trailer camp sites. The provisions found in § 250-24A(1) shall apply, except that sites for trailer camps shall be at least five acres in size.

Travel trailer lots.

Placement of travel trailers.

Travel trailer stands.

Accessibility. The provisions found in § 250-24A(4)(a), (b) and (c) shall apply.

Off-street parking. One off-street parking space shall be provided on each trailer lot. The parking space shall be of similar construction and grading as the trailer stand. Such space shall have a minimum width of nine feet and a minimum length of 20 feet.

Utilities and service facilities. Each trailer camp shall be provided with basic utilities and amenities in accordance with the regulations and requirements of the Columbia County Department of Health, the New York State Department of Health, the Sanitary Code of New York State, the New York State Building Code and the Americans With Disabilities Act, relevant provisions of § 250-24A(6) and any other applicable government agencies.

Open space and landscaping. The provisions found in § 250-24A(7) and (8) shall apply.

The parcel of land which is to provide for both a mobile home park and trailer camp shall be at least 30 acres in size.

The trailer camp and mobile home park shall be physically separated by a parcel of land at least 20 feet in width along all areas where the trailer camp abuts the mobile home park. Such parcel of land shall be properly landscaped with appropriate planting materials so that the mobile home park is adequately screened.

The trailer camp and the mobile home park shall each have separate points of entry and exit. Where the parcel of land fronts on two or more existing public highways or streets, the trailer camp shall be located adjacent to the public highway or street that is most heavily traveled.

No person shall use any mobile home or travel trailer for living or sleeping quarters or the conduct of any business or professional occupation or trade or as an accessory use unless it is located in a zoning designated area, except as follows:

No mobile home or travel trailer shall be parked or allowed to remain upon any street, highway or other public place, except that emergency stopping or parking, when caused by mechanical failure, shall be permitted upon the shoulder of any street or highway for a period of not more than 72 hours, subject, however, to any prohibition or limitation imposed by other regulations or laws.

Placement of mobile homes on lot.

The business of mobile home or travel trailer sales, unless they are used for living quarters.

The storage or garaging of mobile homes or travel trailers not being used for living or sleeping purposes within a building or structure or the storage of one unoccupied travel trailer on premises occupied as the principal residence by the owner of such travel trailer; provided, however, that such unoccupied travel trailer shall be parked or located on the side or rear driveway of such premises and shall meet setback requirements for the district.

The temporary parking of one occupied travel trailer on any residential lot. For the purposes of this section, "temporary" shall mean not longer than 30 days in any year. The location of the travel trailer shall meet the requirements of § 250-24F(2).

A mobile home or travel trailer located on the site of a construction project, survey project or other similar work project and which is used solely as a field office or workhouse or toolhouse in connection with such project, provided that such mobile home or travel trailer is removed from such site within 10 days after the completion of such project.

A site plan, if such is required under Article III of this chapter.

An agricultural data statement, if required under § 305-a of the New York State Agriculture and Markets Law.

An environmental assessment form or draft environmental impact statement.

The special use permit fee, as may be established by the Town Board.

A brief narrative describing the proposed use.

A plot plan, drawn to scale, with accurate dimensions, providing information on the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping and any other pertinent information that may be necessary to determine if the proposed special use meets the requirements of this chapter.

In each case where a proposed building or use requires a special use permit, as described in § 250-7, the Building Inspector shall refer the required plan for such proposal to the Planning Board for review before issuing a building permit.

Before filing an application, an informal meeting with the Planning Board is highly recommended to discuss the nature of the proposed use and to determine the information that will need to be submitted.

Upon receipt of all application materials, the Planning Board shall initiate the New York State Environmental Quality Review Act[1] process by following the procedures described in Section 617.6 of Title 6 of the New York Codes, Rules and Regulations of the State of New York.

Upon receipt of application materials it deems to be complete, the Planning Board shall refer to the Columbia County Planning Board any application for a special use permit affecting real property within 500 feet of the boundary of any city, village or town; the boundary of any existing or proposed county or state park or any other recreation area; the boundary of any existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; the boundary of any existing or proposed county- or state-owned land on which a public building or institution is situated; or the boundary of a farm operation located in an agricultural district, as defined by Article 25-AA of the Agriculture and Markets Law. No action shall be taken on applications referred to the Columbia County Planning Board until its recommendation has been received or 30 days have elapsed after its receipt of the complete application. A majority plus one vote of the Planning Board shall be required to grant any special use permit that receives a recommendation of disapproval from the Columbia County Planning Board.

The Planning Board shall conduct a public hearing within 62 days from the day a complete application for a special use permit is made. Public notice of the hearing shall be printed in the newspaper of general circulation in the Town at least 10 days prior to the date of the hearing. The Planning Board shall grant, deny, or grant with conditions the application within 62 days after the hearing. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board.

Whenever the Planning Board grants a special use permit, appropriate conditions and safeguards and/or time limitations may be attached thereto. Such conditions and restrictions must be directly related to and incidental to the proposed special use permit. Upon its granting of a special use permit, any such conditions must be met in connection with the issuance of permits by the Building Inspector or Code Enforcement Officer of the Town of Kinderhook.

The Planning Board shall file its decision with the Town Clerk within five business days after the decision is rendered. A copy of the decision shall be mailed to the applicant.

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.

The Planning Board may adopt such rules and regulations as it deems necessary and consistent with the provisions of this subsection to exercise the power granted herein.

Application for area variance. Notwithstanding any provision of law to the contrary, where a proposed special use permit contains one or more features which do not comply with this chapter, application may be made to the Zoning Board of Appeals for an area variance without the necessity of a decision or determination by the Building Inspector.

That there shall be no detrimental effect by the establishment of such use on other uses within the district.

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.

That all structures, equipment and materials shall be reasonably accessible for fire and police protection.

That the use meets the prescribed requirements for the district in which located, including minimum yard requirements for the district in which located or as further specified in this section, and including maximum height, required off-street parking and sign regulations.

That no undesirable change will be produced in the character of the neighborhood or that negative impacts to nearby properties or to the environment will be created by granting of the special use permit.

That there is suitability of the property for the proposed use, considering its size, topography, vegetation, soils, hydrology and, if appropriate, its ability to be buffered or screened from neighboring properties and public roads.

Farm markets. The purpose of this section is to protect and regulate the establishment and operation of farm markets, as defined in § 250-2, so they may continue to be a resource for farmers and tourism for the Town of Kinderhook.

Hospital, nursing home, convalescent home, sanatorium, institution or philanthropic use.

Hotel, restaurant, bar or nightclub, skating rink, theater, concert hall or commercial recreation uses.

Camps.

Two-family dwelling, multifamily dwelling or boardinghouse.

Airports and flying fields. In addition to the standards specified in Subsection C of this section, there shall be a finding that such airport or flying field shall not cause a hazard to or be detrimental to nearby properties and buildings, both in the Town and adjacent municipalities, considering the location of buildings accessory to the airport or flying field, approach and takeoff patterns and lights.

Electric or gas utility substations, transformer stations, water or sewage pumping stations and other similar structures.

Excavation for soil mining. Excavation for the purpose of soil mining, such as gravel pits, quarrying or any subsoil removal shall be allowed only by special use permit in the I-1 Districts and shall also be allowed as an accessory use to an agricultural use in the AR District, all subject to § 250-19 and upon the following conditions:

Gasoline filling stations. In addition to complying with the provisions of Subsection C of this section, gasoline filling stations shall comply with the provisions of § 250-22.

Commercial parking lots. In addition to complying with the provisions of Subsection C of this section, commercial parking lots shall comply with the provisions of § 250-19H.

Golf driving range or miniature golf range.

Automobile repair.

Bed-and-breakfast.

The Planning Board shall not issue a special use permit unless it makes a written finding that the proposed use, if conducted pursuant to the conditions attached to the special use permit, will satisfy the standards for the use and the zoning district. If the Planning Board cannot make such a finding, it shall deny the special use permit application.

No accessory apartment shall be constructed, reconstructed, modified, or operated in the Town of Kinderhook without obtaining a special use permit from the Town of Kinderhook Planning Board.

Upon receipt of a special use permit from the Planning Board, no construction, reconstruction, or modification of an accessory apartment shall take place until the applicant has obtained a building permit in conformity with the NYS Building Code and this Zoning chapter.

No individual shall reside, utilize or occupy an accessory apartment without a certificate of occupancy issued by the Town of Kinderhook.

Name, address, telephone number of the applicant. If the applicant will be represented by an agent, the name, address and telephone number of the agent, as well as an original signature of the applicant authorizing the agent to represent the applicant is required.

Dimensions, number of stories and square footage of the existing dwelling unit.

Dimensions, number of stories and square footage of the proposed accessory apartment.

The total number of bedrooms to be constructed in the accessory apartment.

The total number of bedrooms in the existing primary dwelling unit.

Scaled plot plan showing the location of the existing structure and the accessory apartment to be constructed, parking layout. square footage of the construction or alteration, floor plan of the accessory apartment, setback distance to adjacent parcels, and location and number of exits.

Applicant shall demonstrate that the proposed construction, alteration or modification meets all of the applicable regulations set forth in the NYS Building Code.

Such other reasonable information as way be requested by the Planning Board in review of the accessory apartment application.

The accessory apartment shall have a minimum of 500 square feet of net floor area and shall not exceed a maximum of (75%) of the square footage of the primary dwelling unit; however, in no event shall the square footage of an accessory apartment exceed 1,500 square feet.

Only one accessory apartment per parcel shall be permitted.

An accessory apartment may have no more than two bedrooms.

An accessory apartment does not require a minimum lot size, provided all setback requirements for a single-family residence are met.

An accessory apartment shall be located within the primary single-family dwelling structure or as all accessory structure. An accessory apartment shall be created through the internal conversion of an existing housing structure or the addition of on accessory apartment to the principal dwelling structure or construction of an accessory structure.

Either the principal dwelling unit or the accessory apartment must be occupied by the owner of the parcel of real properly.

Off-street parking shall be provided as follows:

An accessory apartment must be serviced by a sewage disposal system approved by the Columbia County Board of Health, and have potable water. If both the accessory apartment and the primary residence are to be served by the same septic system, the applicant must demonstrate that there is sufficient capacity for both such uses.

Adequate design and provision for dealing with stormwater and drainage issues.

No exterior changes shall be made to the primary dwelling unit or accessory apartment which do not conform with the character of the neighborhood.

Compliance with the applicable provisions of the NYS Building Code in relation to the design and construction of the accessory apartment.

A completed application for a special use permit; documentation that demonstrates the need for the telecommunications facility to provide service primarily within the Town. Such documentation shall include propagation studies of the proposed site and all adjoining planned, proposed or existing sites that demonstrates a significant gap in coverage.

In the case of shared use of an existing tower or structure, documentation or permission from the owner of the existing facility to allow the shared use (including multidirectional elevation drawings).

A site plan that shows all existing and proposed structures and improvements, including antennas, roads, buildings, guy wires and anchors, parking and landscaping, and shall include grading plans for new facilities and roads. Any methods used to conceal the modification of the existing facility shall be indicated on the site plan. The site plan shall show the location of residential structures within 500 feet of the proposed facility's property lines. For new structures, the site plan shall describe the proposed tower and antennas and all related fixtures, structures, appurtenances, dimensions, and apparatus, including height above preexisting grade, materials, color and lighting.

In the case of shared use, an engineer's report certifying that the proposed shared use will not diminish the structural integrity and safety of the existing tower or structure and explaining what modifications, if any, will be required in order to certify the above.

A completed long environmental assessment form (EAF) and a completed visual EAF addendum.

A copy of its Federal Communications Commission license for applicable use.

A zone of visibility map shall be provided in order to determine locations where the tower may be seen.

Pictorial representations of before and after views from key viewpoints both inside and outside of the Town, including but not limited to state highways and other major roads, state and local parks, preserves and historic sites and from any other location where the site is visible to a large number of visitors or travelers.

Prior to a public hearing on the application, a balloon or crane test shall be held. The applicant shall arrange to raise upon a temporary mast a brightly colored balloon, measuring a minimum of three feet in diameter, to a height and for a period to be determined by the Planning Board. Notice shall be provided to Town residents. The dates (including a second date, in case of poor visibility on the initial date), times and location of this balloon test shall be advertised by the applicant seven and 14 days in advance of the first test date in a newspaper of general circulation in the Town. The applicant shall inform the Town, in writing, of the dates and times of the test at least 14 days in advance. The balloon shall be flown for at least four consecutive hours sometime between 7:00 a.m. and 4:00 p.m. on the dates chosen. The primary date shall be on a weekend, but in case of poor weather on the initial date, the secondary date may be on a weekday. A report with pictures from various locations of the balloon shall be provided with the application.

Respond within 90 days to a request for information from a potential shared-use applicant.

Negotiate in good faith concerning future requests for shared use of the new tower by other telecommunications providers.

Allow shared use of the new 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.

Any new tower shall be designed to accommodate future shared use by other telecommunications providers.

Unless specifically required by other regulations, a tower shall have a finish (either painted or unpainted) that minimizes its degree of visual impact.

The maximum height of any new tower shall not exceed that which shall permit operation without artificial lighting of any kind or nature, in accordance with municipal, state and/or federal law and/or regulation. The Board, at its discretion, may modify this requirement if the applicant can justify the need to exceed this height limitation. Notwithstanding, the maximum height shall be justified by coverage needs demonstrated by propagation studies.

The Board may request a review of the application by a qualified engineer, at the applicant's expense, in order to evaluate the need for and the design of any new tower.

Accessory structures shall maximize the use of building materials, colors and textures designed to blend with the natural surroundings.

No portion of any tower or accessory structure shall be used for a sign or other advertising purpose, including but not limited to company name, phone numbers, banners, etc.

All antennas, towers, and other supporting structures, including guy anchor points and wires, shall be made inaccessible to unauthorized individuals and constructed or shielded in such a manner that they cannot be climbed or collided with. Operation and service by authorized persons is permitted.

Lot size and setbacks. All proposed telecommunications towers and accessory structures shall be located on a single parcel and shall be set back from adjoining parcels and street lines a distance sufficient to substantially contain on site all icefall or debris from tower failure and preserve the privacy of any adjoining residential properties. Such setback from the property line shall be no less than 1.5 times the height of the tower.

Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible. No cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to the approval of the special permit.

Screening. Deciduous or evergreen tree plantings may be required to screen portions of the tower and accessory structures from nearby residential property, as well as from public sites known to include important views of vistas. Where a site abuts a residential property or public property, including streets, screening shall be required.

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 top 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.

Parking. Parking shall be provided to assure adequate emergency and service access. The Board shall determine the number of required spaces based upon a recommendation from the applicant. No parking spaces shall be located in any required yard.

Fencing. The tower and any accessory structure shall be adequately enclosed by a fence, design of which shall be approved by the Board. This requirement may be waived by the Board if the applicant demonstrates that such measures are unnecessary to ensure the security of the facility.

Removal. The applicant shall submit to the Board a letter of intent committing the tower owner and his/her successors in interest to notify the Code Enforcement Officer within 30 days of the discontinuance of use of the tower. This letter shall be filed with the Code Enforcement Officer prior to issuance of a building permit. Obsolete or unused towers and accessory structures shall be removed from any site within four months of such notification. Failure to notify and/or to remove the obsolete or unused tower in accordance with these regulations shall be a violation of this chapter and shall be punishable according to § 250-65.

It shall be demonstrated that the proposed wireless facility will be sited and constructed so as to be the least visually intrusive. This may require enclosure, screening and/or camouflage.

Intermunicipal notification of new towers. In order to keep neighboring municipalities informed and to facilitate the possibility of directing that an existing structure or telecommunications tower in a neighborhood municipality be considered for shared use, the Board shall require the following:

Notification of nearby landowners. The applicant shall be required to mail notice of the public hearing directly to all landowners whose property is located within 1,500 feet of the property line of the parcel on which a new tower is proposed. Notification, in all cases, shall be made by certified mail. Documentation of this notification shall be submitted to the Board prior to the public hearing.

The Town may hire any consultant and/or expert necessary to assist the Town in reviewing and evaluating the applicant, including the construction and modification of the site, when granted a permit, and any site inspections.

An applicant shall deposit with the Town funds sufficient to reimburse the Town for all reasonable costs of consultant and expert evaluation and consultation to the Town in connection with the review of any application, including the construction and modification of the site, once.

A holder of a special use permit for wireless telecommunications facilities shall secure and at all times maintain public liability insurance for personal injuries, death and property damage and umbrella insurance coverage for the duration of the special use permit in amounts as set forth below:

For a wireless telecommunications facility on Town property, the commercial general liability insurance policy shall specifically include the Town and its officers, councils, employees, committee members, attorneys, agents and consultants as additional insureds.

Wireless telecommunications facilities with a permit have been abandoned (i.e., not used as wireless telecommunications facilities) for a period exceeding 90 consecutive days or a total of 180 days in any three-hundred-sixty-five-day period, except for periods caused by force majeure or acts of God, in which case repair or removal shall commence within 90 days;

A permitted wireless telecommunications facility falls into such a state of disrepair that it creates a health or safety hazard;

Wireless telecommunications facilities have been located, constructed, or modified without first obtaining, or in a manner not authorized by, the required special use permit, or any other necessary authorization, and the special permit may be revoked.

A "planned development area" is the development of a tract of land as a single entity for mixed uses not otherwise allowed by the regulations governing the existing land use area. Thus, the purpose of a planned unit development area is to zone an area for a variety of uses in a flexible manner. Chapter 250, Zoning, of the Code of the Town of Kinderhook provides for planned development areas only in the industrial and business zones, on parcels 10 acres or larger.

Specific purposes of planned unit developments. The purpose of a planned unit development is to allow variations or waivers to the fixed requirements of the existing land use areas otherwise imposed on development. Additionally, the planned unit development concept fulfills the goals of the Town of Kinderhook Comprehensive Plan by allowing for:

Town Board approval. The establishment of a planned unit development in the Town of Kinderhook is a legislative act. It is akin to a rezoning. When enacted, a planned unit development constitutes an amendment to the land use law of the Town of Kinderhook and the accompanying Land Use Map.[1] As a consequence, the establishment of a planned unit development requires the approval of the Town Board of the Town of Kinderhook. Because the establishment of a planned unit development is a legislative act, the Board of the Town of Kinderhook has the same amount of discretion in deciding whether to adopt a planned unit development proposal as it does for any other legislative act. This means that the Town Board may deny planned unit development approval for any constitutional reason. On the other hand, the Board may adopt a planned unit development only if it complies with the standards set forth below and is in accordance with the letter and spirit of the Comprehensive Plan of the Town of Kinderhook.

Planning Board approval. The Town Board adoption of a planned unit development does not constitute site plan approval. The Town Board may approve only the type of uses proposed in the planned unit development. Because the Town Board approves the general outlines of the plan, the Board establishes the allowable uses in the planned unit development, as well as determines whether the uses are permitted uses or uses subject to special use permits and site plan approval. Once the plan is approved, the Planning Board must approve site plans and special use permits (if applicable) for the approved uses. The Planning Board shall, however, serve in an advisory role to the Town Board during the consideration of a planned unit development proposal.

The Town Board shall consider and make findings regarding each of the following factors in legislating any planned unit development:

The Town Board must also find that the property proposed for a planned unit development is 10 acres or more in size and that the land is under single ownership. The creation of a planned unit development is subject to the State Environmental Quality Review Act (Article 8 of the New York State Environmental Conservation Law). Approval of a planned unit development does not constitute site plan review or special use permit approval, which are obtained from the Planning Board for specific uses authorized in the planned unit development.

Application requirements. The original application for a planned unit development and six copies shall be submitted to the Town Clerk at least 20 business days before the next meeting of the Town Board. The application shall consist of the following:

Application procedures. The Town Board shall determine whether the application is complete at its first meeting following timely submission of an application for a planned unit development. If the Town Board determines that the application is not complete, the Board shall notify the applicant, in writing, why the application is incomplete. If the application is determined to be complete, the Board shall send a copy of the complete application to the Planning Board for its advisory opinion. The Town Board shall not act on any application for a planned unit development until it has received the Planning Board's recommendations on the application.

Review of application. The Town Board may engage experts, including, but not limited to, professional planners, architects and engineers, in reviewing the planned unit development proposal. The applicant shall bear the reasonable expense of engaging such experts.

Public hearing. The Town Board shall not vote to approve a planned unit development until it has held at least one public hearing on the application following the submission of a complete application and receipt of the Planning Board's recommendations on the application.

Adoption of planned unit development. The Town Board shall act on an application to establish a planned unit development within 90 days following receipt of the Planning Board's recommendations. The Planning Board's recommendations shall be deemed to be received by the Town Board at the first regular meeting of the Town Board following the Town Clerk's receipt of the Planning Board's recommendations. The Town Board's failure to act on a planned unit development application within this period shall not be deemed to constitute a default approval of the application. The Town Board may adopt a planned unit development only after following the procedures described above and making written findings regarding each of the standards set forth above for adoption of a planned unit development. The Town Board shall cause the Official Land Use Map for the Town of Kinderhook[2] to be amended to show the planned unit development. The amendment shall also include a list of permitted uses, special use permitted uses and uses requiring site plan review and any other minimum land use standards that the Town Board deems appropriate. The allowable density in a planned unit development shall not be higher than the allowable density in the existing land use area. The minimum standards for all other aspects of the planned unit development shall be those applicable to the existing land use area unless otherwise prescribed by the Town Board.

Building footprints in no case shall cover more than 50% of the total area of development.

Planned unit development developments shall be protected by such reasonable and appropriate safety measures, devices, screening or yards in order to avoid or minimize any adverse effects on the development itself or in the surrounding area.

Yard requirements for buildings may be modified, except along the boundaries of the development area.

All planned unit development proposals shall be consistent with the need to minimize flood damage, all public utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to eliminate or minimize flood damage, and adequate drainage shall be provided so as to reduce exposure to flood hazards.

All utilities must be buried underground in planned unit development areas.

Roadways and utilities.

Site features.

Residential and commercial development.

Commercial development.

If parking is located to the front or side of structures, provide a dense, ten-foot-wide landscape buffer (wall, hedge, berm, or combination) to minimize visual prominence of parking areas.

Use dense continuous plantings and/or fences to screen or hide from the street or other residential uses all outdoor storage, service and related paved areas.

Signs affixed to the exterior of a building shall be architecturally compatible with the style, composition, materials, colors, and details of the building, as well as with other signs used on the building.

Sign colors should be compatible with the colors of the building facade.

Building-mounted signs shall fit within the existing facade features and shall not interfere with door and window openings, conceal architectural details or obscure the composition of the facade where they are located.

Traditional design features shall include, but are not limited to, the following additional design features: setback dormers, lanterns, turrets, bay windows, porticos, porches and historic facade projects when in scale with the facade, and masonry chimneys.

Retain buildings and other features that reflect the existing rural and agricultural landscape of the area, including orchards, cultivated fields, farm buildings and barnyards. Buildings shall relate in scale and design features to the site and surrounding features. Continuity shall be achieved by the following, but is not limited to: the use of maintaining cornice lines in buildings of the same height, by extending the horizontal lines of fenestration and by echoing architectural styles and details, design themes, building materials, and colors used in surrounding buildings.

Use of building materials that are of wood clapboard, simulated clapboard, board and batten vertical, indigenous stone and brick shall be considered traditional building materials. Material selection should generally be consistent across the entire building. Varied bands of siding materials and patterns are not acceptable. All new construction and additions shall use one or more of these materials. Rehabilitation of older buildings that retain their original designs, e.g., barns and pre-1940 structures, shall also be constructed with these traditional materials.

The following applies to new construction, additions and major alterations where roofs and/or exterior walls are altered:

Multifamily dwellings shall be limited to eight units or less per building. A lot may contain one or more principal residential structures, provided that it has sufficient acreage to satisfy density requirements.

Design standards of § 250-33 shall be applied to all multifamily dwellings.

Other requirements of § 250-29E(5) shall be applied.

Conservation subdivisions shall be voluntary for any division of land within this district; any applicant who so chooses may utilize these provisions.

Avoidance of buildings on prime soils. In reviewing any subdivision, site plan or special use permit application, the Planning Board shall require that structures, except farm structures, and impermeable surfaces be located on those portions of a tract of land where they will have the least negative impact on agricultural soils and agricultural operations. Construction of buildings on areas of steep slopes, wetness, or locations posing difficult lot configuration or road access problems shall be avoided.

Buffering agricultural uses. Each new residence must be placed at least 200 feet away from the boundary between it and the agricultural parcel. A similar setback shall be required for placement of a new farm structure when it is adjacent to existing residential units. A buffer will be required between farmland located within a New York State Agricultural District and any new residential, commercial or industrial development. A major subdivision must have a thirty-foot-wide vegetated buffer placed 20 feet away from the boundary of any land used for agricultural purposes. The applicant for a new land use has the responsibility to provide for this buffer. The buffer should not be established in a way that impedes farm operations. Existing hedgerows or woods, if present, shall be maintained between the new use and the agricultural operation. In cases where there is no existing vegetation, berms and landscaping can be used as buffers.

The Town of Kinderhook encourages the use of all design standards detailed in § 250-33 on new residential construction and alteration of residences. Use of these design standards is voluntary. Where an applicant voluntarily desires to implement one or more of these design standards, the Building Inspector, the Planning Board, or the Zoning Board of Appeals, as the case may be, shall allow them and consider them not to be in conflict with other regulations.

The Building Inspector, the Planning Board, or the Zoning Board of Appeals, as the case may be, shall exempt the applicant from other regulations that may be in conflict with application of the design standards of § 250-33.

The applicant shall provide, in writing, a statement and plan outlining the standards that they wish to voluntarily apply.

Light shall not shine off site.

Light shall not shine on public roadways.

Light sources shall not be visible from off site.

Light fixtures shall be fully shielded to eliminate glare and off-site light.

The requirements of this section shall apply to any and all solar energy ground equipment (SGE), solar energy structural equipment (SSE), building-integrated solar energy equipment (BIE), and solar farm proposed, modified and/or constructed after the effective date of this section. Any SGE, SSE, BIE and/or solar farm existing as of the effective date of this section shall be exempt from these regulations; however, future modifications to any SGE, SSE, BIE and/or solar farm which require the issuance of a building permit after the effective date of this section shall be required to comply with this section.

An application for a building permit for SSE and/or BIE that falls within the parameters of the USP process as detailed in the USP application and USP eligibility checklist shall be processed, reviewed and approved under said USP permitting process by the Building Department. The applicant shall complete the USP application and satisfy the USP eligibility checklist provided by the Building Department. This section shall apply to all SSE, BIE and/or solar farm projects proposed in the Town of Kinderhook.

All proposed projects utilizing solar energy equipment shall obtain a building permit prior to construction. Unless eligible for the simplified procedures in the USP as an SSE and/or BIE, the applicant shall first obtain site plan approval from the Town Planning Board pursuant to § 250-50 and a special use permit pursuant to § 250-29.

Applications seeking a special use permit and site plan approval pursuant to § 250-50 of the Kinderhook Town Code as an SGE shall further include the following requirements and shall address the development standards set forth in Subsection C:

The erection of ground-based solar equipment shall be on the same tax map parcel as the residency/structure that said equipment is intended to service.

The boundary line setbacks for ground-based solar equipment shall be as follows:

The applicant shall demonstrate that all solar energy ground equipment meets all other density requirements.

Solar energy equipment shall be located in a manner so as to avoid reflected glare, blockage of the viewshed of neighboring parcels and shall, where deemed necessary by the Planning Board during site plan review, include appropriate screening and landscaping to obscure, break up and diffuse the view of the solar energy equipment from adjoining properties and roadways.

Any support structures designed and/or constructed to position, hold and/or otherwise support any ground-mounted solar energy equipment shall not cause the top edge of the solar panel to be higher than 20 feet off the ground.

Any construction activities shall be in compliance with any and all applicable provisions of New York State laws, regulations and codes in relation to the design and construction of the solar energy equipment, including, but not limited to, the Building Code; National Electrical Code; Residential Code; Fire Code; Plumbing Code; Mechanical Code; Fuel Gas Code; Energy Conservation Construction Code; and Property Maintenance Code.

The applicant shall demonstrate sufficient screening, including undergrowth and overgrowth, of the hardware, apparatus and equipment so as to minimize the solar equipment from being seen in all seasons from all abutting properties and public roadways. Plantings shall include plants, trees, bushes, and other vegetation suitable so as to accomplish the requisite screening of the solar equipment from abutting properties and public roadways. The applicant shall provide a complete landscaping plan with its application for a special use permit, setting forth the type, size, number and placement of all plants, trees, bushes and other vegetation. The applicant shall be responsible for maintaining all planted screening while the solar equipment is in place and replacing any plant material that dies and/or is otherwise ineffective in providing the requisite screening.

Certification from a New York State licensed engineer that the solar energy ground equipment to be utilized in the solar farm is sufficiently installed and anchored to prevent flotation, collapse or lateral movement and the design and installation of the solar energy ground equipment meets any and all applicable provisions of New York State law, regulations and codes including, but not limited to, the Building Code; Commercial Code; National Electrical Code; Fire Code; Plumbing Code; Mechanical Code; Fuel Gas Code; Energy Conservation Construction Code; and Property Maintenance Code.

The applicant shall demonstrate that all proposed construction activities related to the solar energy equipment meet all applicable provisions of New York State law, regulations and codes including, but not limited to, the Building Code; Commercial Code; National Electrical Code; Fire Code; Plumbing Code; Mechanical Code; Fuel Gas Code; Energy Conservation Construction Code; and Property Maintenance Code.

The applicant shall demonstrate that the solar farm is configured in such a manner as to provide sufficient ingress, egress, and maneuverability for fire trucks and emergency vehicles to the satisfaction of the Fire Chief of the Fire Protection District wherein the solar farm is proposed.

The applicant shall submit a site plan application in compliance with Article VII of the Zoning Code (site plan review) to the Kinderhook Planning Board, which shall include a site plan setting forth the dimensions of all solar energy equipment, a scaled plot plan showing the location of any existing structures and the location of the solar energy equipment to be constructed, as well as such other information as the Planning Board shall deem relevant to its review of the application.

All hardware, apparatus and equipment associated with a solar farm shall have a minimum front yard setback of 150 feet, to be measured from the road edge in the case of a user road and to be measured from the property line in the case of a deeded highway.

All hardware, apparatus and equipment associated with a solar farm shall have a minimum side yard setback and rear yard setback of 100 feet.

Any support structures designed and/or constructed to position, hold and/or otherwise support any ground-mounted solar energy equipment shall not cause the top edge of the solar panel to be higher than 20 feet off the ground.

Any power utility lines necessary to carry electricity generated from the proposed solar farm to the grid shall be installed underground. This provision shall apply to utility lines proposed to be located on the applicant's solar farm site and/or utility lines proposed to be located in any utility easement adjacent to the applicant's site.

The applicant shall demonstrate sufficient screening, including undergrowth and overgrowth, of the hardware, apparatus and equipment associated with a solar farm so as to minimize the solar farm from being seen in all seasons from all abutting properties and public roadways. Plantings shall include plants, trees, bushes, and other vegetation suitable so as to accomplish the requisite screening of the solar farm from abutting properties and public roadways. The applicant shall provide a complete landscaping plan with its application for a special use permit, setting forth the type, size, number and placement of all plants, trees, bushes and other vegetation. The applicant shall be responsible for maintaining all planted screening while the solar equipment is in place and replacing any plant material that dies and/or is otherwise ineffective in providing the requisite screening.

The applicant shall provide such other reasonable information as may be requested by the Planning Board in review of the special use permit application.

If solar energy equipment ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove all such equipment by no later than 90 days after the end of the twelve-month period. In the event the property owner fails to remove the equipment, the Town of Kinderhook may institute a proceeding to have the equipment removed and charge the costs of said removal, including reasonable attorneys' fees, as a lien against the property on the property owner's Town tax bill.

The Town of Kinderhook Code Enforcement Officer shall enforce this section.

Any person owning, controlling or managing any building, structure or land who shall undertake to construct and/or operate solar energy equipment in violation of this section or in noncompliance with the terms and conditions of any permit issued pursuant to this section or any order of the Enforcement Officer, and any person who shall assist in so doing, shall be charged with an offense and subject to a fine of not more than $350 or to imprisonment for a period of not more than six months, or subject to both such fine and imprisonment. Every such person shall be deemed subject to charge of a separate offense for each week such violation shall continue. The Town may institute a civil proceeding to collect civil penalties in the amount of $350 for each violation, and each week said violation continues shall be deemed a separate violation.

In case of any violation or threatened violation of any of the provisions of this section, including the terms and conditions imposed by any permit issued pursuant to this section, in addition to other remedies and penalties herein provided, the Town may institute any appropriate action or proceeding to prevent such unlawful erection, structural alteration, reconstruction, moving and/or use, and to restrain, correct or abate such violation, to prevent the illegal act.

The penalties established by this section may be changed by the Town Board by resolution adopted after a duly noticed public hearing.