Mount Hope City Zoning Code
ARTICLE XI
Planning Board
§ 250-56 Authorization and approval of plans.
A.
In all cases where this chapter requires authorization and approval of plans by the Planning Board, no building permit shall be issued by the Building Inspector except upon authorization of, and in conformity with the plans approved by, the Planning Board. All uses other than one-family detached dwellings and agricultural uses shall require site plan approval by the Planning Board.
B.
Pre-submission conference. Site plan applications may, at the discretion of the Code Enforcement staff and the Planning Board, have an optional pre-submission conference.
(1)
The purpose of such conference shall be to give both the Town and the applicant an opportunity to gain a better perspective on the ramifications of the proposal. This conference does not constitute a formal submission of an application. The applicant may prepare a sketch plan and narrative description of the project and provide copies as requested by Code Enforcement staff and members of the Planning Board prior to the presubmission conference.
(2)
The Code Enforcement staff and members of the Planning Board may provide project direction and feedback on the sketch plan to the applicant, based on the professional expertise of Code Enforcement staff and members of the Planning Board, the Town's current planning documents and the design guidelines and other requirements of this chapter.
C.
Change of use or conversion.
(1)
In cases of changes of use of an existing use or structure to a use permitted in the district, the Planning Board is hereby authorized to waive all or part of the requirements of Subsection D and § 250-57 where the Board determines the same are not applicable under the facts and circumstances of a particular application.
(2)
In cases of a change of use of an existing structure or use to a conditional use, the Planning Board may waive all or part of the requirements of § 250-57 where they do not apply, or their requirement would not provide the Planning Board with additional information necessary to make a judgment on the specific use.
(3)
A change of ownership of a given use in and of itself shall not constitute a change of use for the purpose of these regulations, so long as there is no change in the use itself.
D.
Public hearings. The Planning Board shall, except as provided herein and above, fix a time for the conduct of a public hearing on the matter of a site plan application within 62 days from the date the application is received. The Planning Board shall mail notice of said hearing to the applicant at least 10 days prior to the hearing. Public notice of said hearing shall be printed in the official newspaper of the Town at least five days prior to the date thereof. The Planning Board shall decide upon the application within 62 days after the conclusion of the final hearing. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board. The decision of the Board on the application after conclusion of the public hearing shall be filed in the office of the Town Clerk within five business days after the day such decision is rendered, and a copy thereof mailed to the applicant. Notification of other municipalities and agencies shall be made in accordance with § 274-a of Town Law and §§ 239-l and 239-m of General Municipal Law and as spelled out in § 250-82B below for variances. Notification of property owners shall be in accordance with § 283-a of the Town Law in regard to farm operations in agricultural districts.
E.
The Planning Board may, at its sole discretion, engage the services of such experts and/or consultants, including but not limited to engineers or other analysts, as it determines shall be required in order to properly evaluate a site plan application pursuant to this chapter. The costs for such expert consultation shall be limited to that necessary for proper consideration of said application, and shall be paid for by the applicant.
F.
The Town Board of the Town of Mount Hope shall be responsible for appointing an attorney or attorneys to represent the Planning Board and to make all appropriations necessary for the attorney.
§ 250-57 Plan requirements.
Submitted applications shall include a description of all proposed uses, a State Environmental Quality Review (SEQRA) short or long environmental assessment form, as determined by the Planning Board, and a site plan. The site plan shall show the subject lot and all structures on adjacent properties within 100 feet of the lot lines of subject lot, plans and elevations of all proposed outdoor signs, floor plans and plans for exterior alterations of all existing and proposed structures and any other such building plans and elevations as the Planning Board may require. Site plans shall indicate the following:
A.
Location of all existing and proposed structures and outdoor signs.
B.
Location of all uses not requiring a structure.
C.
Location of driveways, parking and loading areas with the number of stalls provided therewith.
D.
Existing and proposed storm drainage facilities.
E.
Location of buffer strips and screening where necessary.
F.
Where the applicant wishes to develop in stages, a site plan indicating ultimate development shall be presented for approval.
G.
In the case of uses requiring approval of the New York State Department of Health, the approval of said Department.
H.
Names of all other agencies whose approval is needed for the proposed use.
I.
All easements, restrictions, covenants and other matters of record affecting the subject premises shall also be shown on the plan. Written copies of said restrictions shall be provided, if requested.
J.
All farm operations in accordance with the New York State Agriculture and Markets Law within 500 feet of the property.
K.
All existing or proposed wells and septic systems.
L.
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Article XII of this chapter shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article XII of this chapter. The approved site plan shall be consistent with the provisions of Article XII of this chapter.
§ 250-58 General considerations.
In authorizing any use, the Planning Board shall take into consideration the public health, safety and general welfare, and comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular, and may attach reasonable conditions and safeguards as a precondition to its approval. The Board shall consider the special conditions set forth for any use requiring Planning Board authorization and the following general objectives:
A.
That all proposed structures, equipment or material shall be readily accessible for fire and police protection.
B.
That the proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.
C.
That, in addition to the above, in the case of any use located in, or directly adjacent to, a residential district:
(1)
The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therein will not be hazardous or inconvenient to, or incongruous with, said residential district or conflict with the normal traffic of the neighborhood; and
(2)
The location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.
§ 250-59 Design considerations.
In approving the plans for a particular use, the Planning Board shall give specific consideration to the design of the following:
A.
Traffic access. That all proposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street corners or other places of public assembly; and other similar safety considerations.
B.
Circulation and parking. That adequate off-street parking and loading spaces are provided to prevent parking in public streets of vehicles of any persons connected with or visiting the use and that the interior circulation system is adequate to provide safe accessibility to all required off-street parking.
C.
Landscaping and screening. That all playground, parking and service areas are reasonably screened at all seasons of the year from the view of adjacent residential lots and streets and that the general landscaping of the site is in character with that generally prevailing in the neighborhood. Preservation of existing trees over 12 inches in diameter to the maximum extent possible shall be provided.
D.
Character and appearance. That the character and appearance of the proposed use, buildings, and/or outdoor signs shall be in general harmony with the character and appearance of the surrounding neighborhood and that of the Town of Mount Hope and will not adversely affect the general welfare of the inhabitants of the Town of Mount Hope. Such considerations shall not include the architectural period or style of any proposed building.
§ 250-60 Special permits for conditional uses.
On application, and after public notice and hearing, the Planning Board may authorize the issuance of special permits for conditional uses. All applications for special permits and/or conditional use require site plan approval. In authorizing the issuance of special permits, the Board shall take into consideration the public health, safety and welfare and shall prescribe appropriate conditions and safeguards to insure the accomplishments of the objectives of site plan approval as described in § 250-58 above and of this chapter and the conditions peculiar to the specific use proposed as found in § 250-61 below.
A.
In authorizing the issuance of a special permit, it shall be the duty of the Board to attach such conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the general objectives of this chapter.
B.
The Board may require that special permits be periodically renewed. Such renewal shall be granted following due public notice and meeting, and the Planning Board shall conduct a public hearing. The Planning Board, in determining whether to grant renewal of such special permits, shall determine the same following receipt of a report of the Building Inspector as to whether such conditions have been complied with as may have been previously issued and/or prescribed by the Board in conjunction with the issuance of the original permit. In the event such conditions have not or are not being complied with, a period of 60 days shall be granted the applicant for full compliance prior to the revocation of the permit.
C.
All conditional uses shall require site plan approval in addition to special permit for conditional use. The procedure for a special permit for a conditional use shall be identical to and may be made simultaneous with the procedure, notifications and hearings for site plan approval as defined in §§ 250-56 and 250-57 above.
§ 250-61 Special requirements for conditional uses.
A.
Accessory apartments. A special permit may be granted by the Building Department to permit accessory apartments. It is the specific purpose and intent of this provision to provide the opportunity for the development of small, rental dwelling units designed, in particular, to meet the special housing needs of single persons and couples of low and moderate income, both young and old, and of relatives of families presently living in the Town. Furthermore, it is the purpose and intent of this section to allow the more efficient use of the Town's existing stock of dwellings to provide economic support for present resident families of limited income, to protect and preserve property values and to maintain the single family character of the residential districts of the Town of Mount Hope without the over-utilization of the land.
[Amended 2-3-2020 by L.L. No. 2-2020]
(1)
To help achieve the vision and goals of the Town's Comprehensive Plan, a special permit is required to create a single apartment within a one-family dwelling, subject to the following provisions:
(a)
Owner occupancy required. The owner(s) of the one-family lot upon which the accessory apartment is located shall occupy at least one of the dwelling units on the premises.
(b)
Only one apartment is allowed, and it shall be clearly subordinate to the one-family dwelling.
(c)
The number of bedrooms in the apartment shall not be more than two.
(d)
The floor area of the apartment shall be greater than 400 square feet.
(e)
The floor area devoted to the apartment shall not exceed 35% of the entire floor area of the one-family dwelling.
(f)
The apartment and one-family dwelling must have safe and proper means of entrance, clearly marked for the purpose of emergency services.
(g)
If the water supply is from a private source, the applicant shall certify that the water supply is potable and of adequate flow. The applicant shall furnish an engineer's report and obtain certification of well and septic adequacy from the Orange County Health Department. Failure to correct promptly any water quality problems shall result in the revocation of the special permit.
(h)
The applicant shall maintain a proper sewage disposal system adequate for the two dwelling units. The applicant shall furnish an engineer's report and obtain certification of well and septic adequacy from the Orange County Health Department. Failure to correct promptly any sewage system problem shall result in revocation of the special permit.
(i)
Stairways leading to any floor or story above the first floor shall be located within the walls of the building wherever practicable. Stairways and fire escapes shall be located on the rear wall in preference to either side wall. In no instance shall an exterior stairway or fire escape be located on any wall fronting on a street.
(j)
Off-street parking shall be in accordance with § 250-15 and shall be on the parcel on which the accessory apartment is located.
(k)
Continued compliance with all of these regulations is required. Failure to do so will result in a revocation of the special permit.
(2)
A special permit is required to create an apartment which requires an addition to a one-family dwelling. If an addition is requested, it must comply with provisions in § 250-61A(1) above as well as the following:
(3)
A special permit is required to create a detached accessory apartment in gatehouses, garages, barns or similar accessory structures, subject to the following provisions:
(a)
No new construction shall be permitted to enlarge existing accessory buildings in order to accommodate apartments unless they conform to zoning density requirements.
(b)
Construction associated with adaptation of buildings should be performed in a way that retains the character of the structure. The design and construction of the adaptation of the building must be compatible with the parent structure.
(d)
The number of dwelling units permitted on the lot shall not exceed that which is normally permitted in the zone, except for structures which are in existence at the time of the adoption of this amendment.
(e)
Accessory apartments are prohibited in accessory buildings when an accessory apartment already exists within the one-family residence.
(4)
A special permit is required for preexisting accessory apartments, subject to the following provisions:
(a)
Owners of accessory apartments in existence as of the effective date of this section shall have 12 months from the date of enactment to apply for a special permit for an accessory apartment and to meet the requirements of this section wherever practicable.
(b)
Any such property owner who is not in the process of or completed meeting these requirements within the required 12 months shall be found in violation if the apartment is occupied.
(5)
Term of permit.
(a)
The special permit shall be issued to the owners of the property. Should there be a change in ownership or a change in the residence of the owner, the special permit and the certificate of occupancy for the accessory apartment shall become null and void. Thereafter, should the new owner decide to live in the structure and desire to continue the use of the accessory apartment, within 90 days of the change of ownership, he or she shall apply to the Planning Board for a special permit. Should the new owner decide not to live in the structure or desire not to continue the use of the accessory apartment, the tenant shall have 90 days to relocate, the owner shall remove the kitchen of the accessory apartment within 60 days after the tenant leaves and the premises shall revert to a single-dwelling unit.
(b)
The special permit shall remain valid so long as the applicable provisions of this section are complied with. Failure to do so will result in a revocation of the special permit.
C.
Boardinghouse/bed-and-breakfast residence.
(1)
Boardinghouse. Renting of rooms by a resident family in the dwelling for rooming or boarding purposes only, for the accommodation of not more than two persons per dwelling.
(2)
Bed-and-breakfast residence. Accessory to a resident single-family detached dwelling, renting of up to four bedrooms of the dwelling for transient purposes (not more than 14 consecutive days), with food service limited to those renting rooms.
(3)
Such uses shall not alter the character and appearance of the structure as a single-family residence. Sufficient parking of one space per rental room with full turnaround (in addition to the residence requirement) shall be provided for rental rooms, with provision of adequate water supply and sanitary facilities.
D.
Campgrounds. Campgrounds are regulated by the Town Board of the Town of Mount Hope as described below in order to provide municipal supervision for the public welfare and benefit in relation to construction, maintenance, sanitary facilities and general orderliness and conduct of such campgrounds.[1]
(1)
Regulations.
(a)
Each campground shall be provided with safe and convenient access for the ingress and egress of traffic from the public highway.
(b)
All service roads shall be constructed at a minimum width of 12 feet for one-way and 20 feet for two-way traffic, to permit safe and convenient movement of traffic and shall be maintained in a proper state of repair.
(c)
All campsites shall be set back at least 100 feet from any public road and 100 feet from an adjoining property line.
(d)
Suitable parking for campers shall be provided which does not interfere with access and service road traffic.
(e)
Campsites in a campground shall not exceed an average of 20 campsites per acre inclusive of service roads, toilet buildings, other buildings and recreation and service facilities.
(f)
Each campsite, including parking space, shall provide a minimum of 1,500 square feet of space per tent site and 2,500 square feet of space for travel trailer and/or recreational vehicle site.
(g)
Each campsite shall be well-drained and laid out in such a manner as to provide sufficient open and graded space for the accommodation of camping units and shall provide parking space for an automobile which will not interfere with the convenient and safe movement of traffic.
(h)
Consistent with these requirements, trees for the provision of shade shall be disturbed as little as possible, and, whenever practicable, trees, underbrush, large rocks and other natural features should be left intact at the edges of the adjoining campsites to insure privacy. Natural vegetative cover shall also be retained, protected and maintained within the campground wherever possible so as to facilitate drainage, prevent erosion or gullying and preserve the scenic attributes of the area.
(i)
Occupancy.
[1]
Occupancy, other than by the owner/caretaker, of the campground between December 15 and March 15 by the same person or persons shall not be permitted to exceed 15 days.
[2]
Occupancy of any campsite shall not be permitted to be used for the purpose of establishing residency, for example; withholding taxes, voting, schooling, licenses, etc.; and under no circumstances shall the occupancy of any campsite by an individual or any individuals in any form of permitted temporary, movable, or portable shelter be used as a home for any children while they are attending regular school sessions.
[3]
During the period of November 1 through April 1, unoccupied camping units and equipment shall not be permitted to remain on any campsite if the camping units are unoccupied for more than seven days.
[4]
Between December 15 and March 15, unoccupied camping units shall not be permitted to remain on any campsite.
[5]
Any unoccupied camping units and equipment must be stored at a designated storage area on the campground.
(j)
Fireplaces, if provided, shall be located in a safe and convenient location where they will not constitute a fire hazard to vegetation, undergrowth, trees and camping units.
(k)
An adequate supply of potable water shall be provided within 200 feet of all campsites. One water spigot with soakage pit or other disposal facilities shall be provided for each 10 campsites without water facilities capable of providing a minimum of 500 gallons of water per day at a minimum pressure of 20 pounds per square inch. Where spigots and sewer hookups are provided at each site, a minimum volume of 150 gallons of water per site per day at a minimum pressure of 20 pounds per square inch shall be provided.
(l)
Only water from a source approved by the local Board of Health shall be provided at a campground. Individual point or driven wells, dug wells, springs, and other sources of supply may be used if approved by the Orange County Department of Health. Such source of supply shall be properly located, constructed and maintained to avoid contamination of the water therefrom.
(m)
Toilets and urinals shall be provided at one or more locations in every campground and shall be convenient for access. Separate toilet facilities shall be provided for males and females and shall be clearly marked. Each toilet shall be in a separate compartment and a door shall be provided for privacy. Toilets and urinals shall be maintained in a clean condition.
(n)
The owner of a campground shall provide for the collection of refuse and garbage daily and shall also conveniently locate refuse containers at each campsite. Refuse containers shall be cleaned and maintained as often as may be necessary to promote a wholesome and nonodorous condition to prevent the breeding of insects.
(o)
The owner of a campground shall adopt control measures for insect, rodent and weed control and shall keep the campgrounds free of refuse, stagnant water areas, and other articles which may provide temporary breeding places for insects and rodents.
(p)
No owner of a campground shall cause or permit any discontinuance or unnecessary interruption of any services, facilities, equipment or utilities on the campground.
(q)
Every campground shall be under the supervision of the owner or caretaker to maintain order and to insure compliance with the regulations herein.
(r)
Every camper, during the period of his occupancy of any campsite, shall be responsible for the conduct of the members of his party and shall be responsible for the maintenance of his campsite in clean and wholesome conditions, shall see that his campsite is not littered with debris and refuse, shall maintain all pets under control so as not to create a public health or noise menace, shall not leave a dog unleashed and unattended at a campsite, shall not leave fires unattended at a campsite, and shall not permit undue noise at any time.
(s)
Whenever a camper has terminated his stay at a campground, he shall not leave the campsite without clearing the same of litter and debris and leaving it in a clean and wholesome condition. All fires shall be extinguished and all possessions of the camper and his party removed.
(t)
Each camper, upon arriving at a campground, shall register, leaving his name, address, car registration, and number of persons in his party with the owner or caretaker of said campground.
(u)
It shall be the responsibility of the owner of the campground to maintain accurate records for the dates campers check in and check out, campsites assigned, etc. The owner of the campground will provide documentation concerning compliance with this chapter with respect to camping to the Town Clerk's office as requested.
(v)
Sanitary facilities.
[1]
Every campground shall have a minimum of three toilets for male persons, and a minimum of three toilets for female persons. If there be over 20 campsites in a campground there shall be an additional toilet for both male and female persons for every 10 campsites. In no case shall toilets be located more than 300 feet from any campsite or 500 feet from sites with water and sewer hookups. Urinals shall be provided. Up to 1/2 the male toilets may be urinals.
[2]
If drinking fountains are provided, they shall be constructed of impervious material and have an angle jet with a nozzle above the overflow rim of the bowl. The nozzle shall be protected by a nonoxidizing guard. The bowl shall be of easily cleanable design and be equipped with a strainer.
[3]
If showers are provided, there shall be separate showers for males and females clearly marked. Shower stalls and dressing compartments shall be maintained in clean condition. Showers must be served with hot and cold or tempered water between 90° F. and 110° F. and be available at a ratio of two showers for each 50 sites for each sex.
[4]
If a holding tank emptying station for camping vehicles is provided, each station shall be convenient for access, shall be at least 50 feet from any campsite, and shall be equipped with means of flushing the camping vehicle holding tank. Such station shall be posted to warn against unreasonable access.
[5]
Lavatories or other hand-washing facilities shall be provided at a ratio of one for each 15 sites (minimum of two for each sex). Utility sinks shall be provided. The sinks shall be near the door if located within a building where they can be utilized for the disposal of dishwater brought in buckets.
[6]
At least one toilet, lavatory and shower for each sex; at least one water fountain and access to utility and recreation areas and building shall be so construed as to accommodate the physically handicapped.
(2)
Permits.
(a)
No person shall construct, expand and/or operate a campground without a permit.
(b)
Any person desiring to construct, expand and/or operate a campground shall make application therefor in writing to the Town Board. Such application shall include:
[1]
The applicant's full name, residence, post office address and whether the applicant is an individual, firm or corporation.
[2]
If a partnership, the names and addresses of the officers of the corporation.
[3]
A diagrammatic sketch plan of the proposed campground or expansion showing the location, dimensions of the area, proposed service roads, campsites, water supplies, sanitary conveniences, sewage disposal facilities, storage areas, and auxiliary buildings.
[4]
Distances from adjoining public highways and adjoining owners.
[5]
Approval of the Board of Health shall be attached in relation to sanitary and sewage disposal facilities.
(c)
The Town Board, upon approval of such application, shall authorize the Town Clerk to issue a permit, and such permit shall be conspicuously posted on the campground premises.
(d)
A fee for an initial permit is hereby fixed in the sum of $250 and shall be valid from the date of its issuance until the last day of the year of issuance, and shall be renewed annually. The renewal fee shall be $75 per annum.
(3)
Inspection. The Town Police, Building Inspector or the Town Board or any of its representatives or designated agents shall be granted access to the area of such campground at all reasonable hours to inspect the same for compliance herewith.
(4)
Revocation and suspension of permits.
(a)
A permit may be revoked by the Town Board after a public hearing thereon at which the licensee shall have an opportunity to be heard.
(b)
Upon complaint filed with the Town Board in writing or upon the Town Board's own initiative, a permit may be suspended or revoked for a violation of this chapter or for failure to conform to any rules and regulations of the Department of Health, or any other state or local agency.
E.
Conversion of an existing one-family detached dwelling to a two-family detached dwelling structure, provided that all of the following criteria are met by the applicant and structure.
(1)
Such dwelling contains at least 1,000 square feet of habitable floor area as defined in the New York State Building Code for the first dwelling plus at least 600 square feet of similar area for the second dwelling.
(2)
In order to be eligible for conversion, the original structure shall have been constructed no later than 1960. Evidence of age satisfactory to the Planning Board shall be submitted along with the application.
(3)
Direct egress to the exterior of the structure must be provided for each unit.
(5)
No office or retail or service commercial uses shall be permitted within the structure.
(6)
The front yard and side yard facing a street shall be properly landscaped prior to the issuance of a certificate of occupancy, or a cash performance bond to insure completion of said landscaping may be required to be posted with the Town Board in an amount to be determined by the Planning Board at its discretion and upon the advice of the Town Engineer.
(7)
The structure's final appearance shall be in keeping with the character of the immediate neighborhood within 300 feet of the side and front lot lines. Only one entrance shall be permitted for each facade of the structure per floor or story.
(8)
Each dwelling unit shall contain its own separate and private bathroom and kitchen facilities wholly within each dwelling unit.
(9)
Each structure proposed for conversion shall have one dwelling unit occupied by the property owner, and said property owner shall have been a resident of the premises for at least four consecutive years preceding the application for conversion. Should the owner have a place of permanent residence other than the premises for a period of more than six consecutive months, the conditional use shall become null and void and the premises shall revert to its original permitted use which existed immediately prior to the issuance of a permit.
(10)
The location of the existing well and septic system shall be shown on the site plan. Expansion of the septic system and/or a new well may be required if there is evidence that their capacity is not adequate for the units proposed, based upon current engineering and health standards of the Town, county or state. A professional engineer shall certify that the existing septic system is adequate for both units or that modification is needed.
(11)
A new owner shall apply for a new permit for an existing accessory apartment within two months of taking of title to the property. Such application shall be made directly to the Building Inspector. The Building Inspector shall issue said permit, if after inspection the premises are in the condition approved in the original application, and the application was made within two months of the initial ownership. If these conditions have not been met, the application shall be rejected and the applicant shall reapply to the Planning Board.
(12)
The permit shall terminate upon the sale and/or conveyance of the property by the owner(s) or by the death of the owner or survivor, or by the owner(s) no longer occupying the premises as their primary residence.
(13)
All new and existing units for which a conversion has been approved shall be brought up to current Building Code requirements as a condition of approval. Such condition shall be noted on the plans and the Building Inspector shall determine such changes have been made prior to the issuance of a certificate of occupancy.
F.
Home occupations are permitted, provided that:
G.
Hotels/motels.
(1)
The actual floor area of accessory restaurant, conference, or banquet facilities shall be subtracted from the site area available for motel or hotel use.
(2)
The entire property occupied by a hotel, motel, and related accessory restaurant structures shall be maintained in common ownership and control throughout the life of the development.
(3)
Access conditions shall be adequate for the estimated traffic to and from the site to assure the public safety and to avoid traffic congestion in the surrounding neighborhood.
(4)
Vehicular entrances and exits shall be clearly visible from the street with adequate sight distances along the main street.
(5)
All parking areas, lots or garages shall be adequately screened from neighboring residential properties.
(6)
Units shall not contain kitchen facilities or be used as apartments for transient tenants. Each unit shall be at least 200 square feet and have bath or shower facility, toilet and sink.
(7)
The minimum lot size shall be 20,000 square feet plus 1,500 square feet per guest room.
H.
Kennels not associated with a veterinarian's office are defined as any use involving the keeping of more than six adult dogs. The minimum lot size shall be five acres. No dog runs or pens shall be located within 100 feet of any property line.
I.
Machinery repair or service station and repair garage, convenience store with conditions as noted in Subsection M below.
J.
Mining, loading, hauling and/or processing of sand, gravel, shale, topsoil or other aggregate provided under the jurisdiction of the New York State Department of Environmental Conservation (NYSDEC). All other mining activities shall be subject to § 250-61K below.
(1)
All applications to the Planning Board for plan approval shall present to the Board proof of application for a mining permit to the NYSDEC and copy of the mining plan. In addition, the following shall also be submitted and/or approved:
(a)
The location of site ingress and egress points to roads controlled by the Town of Mount Hope.
(b)
The routes to be taken by mineral transport vehicles on roads controlled by the Town of Mount Hope.
(c)
The requirements and conditions as specified in the permit issued by the NYSDEC under Part 420 of Title 6 of the New York Code of Rules and Regulations (NYCRR), when such requirements or conditions are established, concerning setback from property boundaries and public thoroughfare rights-of-way, natural or man-made barriers to restrict access, dust control, hours of operation and enforcement of reclamation requirements. The Town has the right to regulate these areas of concern and can make certain they all meet local requirements of this chapter. Section 250-61K below shall be used as the basis for these criteria.
K.
Mining, loading, hauling and/or processing of sand, gravel, shale, topsoil or other aggregate not under the jurisdiction of the NYSDEC.
(1)
All applications to the Planning Board for plan approval shall include plan requirements contained in Article XI of this chapter as well as the following:
(2)
All excavations shall conform to the following rules and regulations:
(a)
The proposed operation shall not adversely affect soil fertility, drainage, and lateral support of abutting land or other properties nor shall it contribute to soil erosion by water or wind.
(b)
Within 1,000 feet of any residence, there shall be no operation on Sundays or legal holidays, nor between 7:00 p.m. and 7:00 a.m. on Monday through Saturday.
(c)
Where any open excavation will have a depth of 10 feet or more and a slope of more than 30°, there shall be a substantial fence approved by the Planning Board, with suitable gates where necessary, effectively blocking access to the area in which such excavation is located. Such fence shall be located 50 feet or more from the edge of the excavation. All operations shall be screened from nearby residential uses as required by the Planning Board.
(d)
There shall be adequate access to and from a public street without using said access for processing and loading purposes and shall not be located nearer than 200 feet of a lot line; such access road shall be provided with a dustless surface.
(e)
The top of the natural slope in cut for any excavation and any mechanical equipment shall not be less than 50 feet from any lot line.
(f)
Where any excavation or part of any excavation is within 200 feet of any abutting public road and results in a depth below the level of such abutting road, such excavation or part of such excavation shall be restored to the elevation of such abutting road or to the highest elevation of the land which existed prior to the excavation.
(g)
After any such operation, the site shall be made reusable for a use permitted in the district. Where topsoil is removed, sufficient arable soil shall be set aside for retention on the premises and shall be respread over the premises after the operation. The area shall be brought to final grade by a layer of earth two feet or original thickness, whichever is less, capable of supporting vegetation. Fill shall be of suitable material approved by the Planning Board.
(h)
At all stages of operations, proper drainage shall be provided to prevent the collection and stagnation of water and to prevent harmful effects on surrounding properties.
(i)
In granting site plan approval, the Planning Board may require that the owner or his agent post a bond in the amount to be determined by the Town Engineer sufficient to secure the rehabilitation of the site in accordance with the approved site plan. Such bond shall be approved by the Town Board as to form, sufficiency and manner of execution, and shall run for the same term as the term of the site plan approval. In the event the owner or his agent does not fulfill the conditions of the bond, the Town shall, after due notice to the owner or his agent and to his bonding or surety company upon their failure to comply with the terms of the site plan approval, proceed to rehabilitate the premises in accordance with the plan described above, either with its own forces or by contract, and shall charge the costs to the owner, his agent, or the bonding or surety company.
L.
Mobile home park in the LB-2 District, provided that:
(1)
The lot area shall be not less than five acres, and a proposed site development plan for the entire site, prepared by a licensed professional engineer, shall be submitted for approval. The initial development shall cover at least two acres and subsequent additions shall not be less than one acre.
(2)
The park shall have a street system providing either a thirty-foot-wide paved roadway in the event that on-street parking is permitted; or, where on-street parking is prohibited, a twenty-foot-wide paved roadway provided with common off-street parking areas distributed around said park in approved locations. Said roadway(s) shall be provided with curbs and gutters and shall have a fifty-foot-wide right-of-way reserved for the same regardless of the pavement width option that is chosen. Said street system shall provide access to all mobile home spaces and shall provide at least two access drives to and from the public street. Except that, the requirement for provision of two or more access drives to and from the public street may be waived by the Planning Board based upon the establishment of alternative requirements that are acceptable to the Planning Board, including but not limited to the establishment of a boulevard (or double-wide divided road) access drive connecting to the public street, as well as parking restrictions as needed.
(3)
Mobile home spaces shall have a minimum area of 5,000 square feet for single units, and 8,000 square feet for double-wide units and have a maximum density of six units per acre. The average width of all spaces shall not be less than 50 feet. Drainage easements and all other easements that prohibit development shall not be included in the minimum lot area or dimensions. Each space shall provide:
(4)
All mobile homes and their accessory structures shall be at least 30 feet apart from all other mobile homes and accessory uses. There shall be a fifty-foot setback for all mobile homes from the right-of-way of any public street or highway, a twenty-five-foot setback from the outside edge of mobile home park street rights-of-way, and a thirty-foot setback from all property lines.
(5)
The park shall have an on-site stormwater drainage system, including provisions for well-drained mobile home spaces, interior private streets and other public areas, as well as consideration for natural watercourses.
(6)
The park shall have a central water and sewer system approved by the New York State Department of Health and/or New York State Department of Environmental Conservation.
(7)
The park shall have a complete electrical system in conformance with municipal Electrical Code provisions, including outdoor lighting along all interior streets, entrances and exits and in public open spaces, with light illumination for these spaces to be determined by the Town Engineer.
(8)
The park shall be served with garbage and trash collection points so located that no mobile home is more than 150 feet from such point, which point shall be equipped with an adequate number of garbage cans with tight-fitting covers or dumpsters appropriately screened from view.
(9)
The park shall, at the discretion of the Planning Board, provide:
(a)
Appropriate community facilities such as a meeting hall.
(b)
A recreation facility with an area that is not less than one acre for the first 50 units or increment thereof, and one additional acre for each additional 50 units or increment thereof.
(c)
A walkway system of paved or stabilized gravel all-weather paths along interior streets and leading to public open spaces.
(10)
All mobile homes, accessory structures and appurtenances shall comply with applicable provisions of Article IX in this chapter, other provisions of this chapter, the New York State Building Code, Energy Code and such other codes, ordinances and regulations as shall apply and a new certificate of occupancy is required for any new mobile home located at the site.
M.
Motor vehicle sales, gasoline service station and repair garage, with or without convenience stores, provided:
(1)
No entrance or exit driveway shall be located closer than 10 feet to any property line and shall be laid out so as to avoid the necessity of any vehicle backing out across any public right-of-way.
(2)
No gasoline pump shall be located closer than 25 feet to any street line.
(3)
Minimum street frontage shall be 150 feet.
(4)
Parking shall be provided for all uses proposed and the pump area shall be counted as parking spaces, provided at least five other spaces are available away from the gasoline pumps.
N.
Nonnuisance industry. Any industry which is not detrimental to the environment in which it is located by reason of the emission of smoke, noise, odor, dust, vibration or excessive light, beyond the limits of its lot, or by reason of generating excessive traffic with attendant hazards and which does not include any outdoor processing of materials, or open accessory storage yard unless completely enclosed by a solid wall or fence not less than six feet in height.
O.
Outdoor storage of goods. Outdoor storage of goods shall be screened from view of adjacent streets and properties with a solid fence or evergreen plantings or a combination of both satisfactory to the Planning Board.
P.
Printing and publishing plants (subject to requirements in § 250-617).
Q.
Public communications utility towers/antennas. The construction or erection of new radio antennas, radio towers and other public communications utility towers and equipment mounted thereon, and/or the reconstruction, addition or alteration to existing such towers, antennas and equipment mounted thereon used to send, receive, and relay transmissions, shall constitute a conditional use subject to special permit in the LB, LB-2, B-1, and RP-2 Districts only, subject to the restrictions and requirements of this section. The Town of Mount Hope desires to preserve the visual and community character of the bulk of its residentially zoned areas, and, in particular, desires to preserve the unique scenic and visual qualities of the Shawangunk Ridge and its viewshed, with the objective of limiting the visibility of communications towers above the skyline and mountain ridge tree line, so as to reduce or avoid visual impacts connected therewith. The Town notes the visual incompatibilities of tall and highly visible structures such as public utility communications towers and devices mounted thereon with the Town's residential areas in general. The Town particularly notes the visual incompatibilities with locating such structures on the easterly slopes of the Shawangunk Ridge, which are open, more gently sloped and less wooded, and therefore on which such towers and devices are more prominent and more visually intrusive to greater land areas. The Town further recognizes that the placement of such structures and access drives thereto may be needed within selected areas of the Town, notwithstanding their undesirable prominence and the general visual incompatibility of such towers and utility structures with the primarily residential character of the Town, in order to provide vital utility services within the Town and/or its surrounding region. Accordingly, the Town Board has provided for the needs of public utility communications within the Town of Mount Hope in the following way:
(1)
The utility requesting to site a public utility communications device shall constitute a genuine public utility providing commercial communications services to the public. Any public utility communications device to be located within the Town of Mount Hope shall fully conform to the Federal Communications Commission's (FCC's) current regulations and requirements concerning radio frequency emissions, as the same may be amended from time to time.
(2)
Public utility communications towers and devices shall be a conditional use in the B-1 LB, and LB-2 Districts, subject to the procedures and special permit requirements listed herein below and the requirements of site plan approval.
(a)
In the event that, due to technical reasons, the necessary service cannot be provided by siting such facility in the B-1, LB, and/or LB-2 Districts, the utility requesting such use shall make application to the Town of Mount Hope Planning Board and shall demonstrate this factually to the satisfaction of said Planning Board. Said utility shall then endeavor to locate the proposed communications device(s) on existing communications or other existing towers within the RP-1 District of the Town of Mount Hope, subject to the requirements of site plan approval and the requirements listed herein below.
(b)
In the event that the necessary service cannot be provided by locating such device(s) on existing communications or other existing towers in the RP-1 District, the utility requesting such use shall demonstrate same factually to the Town of Mount Hope Planning Board, and shall then endeavor to locate said communications device within the RP-2 District, subject to the requirements of site plan approval and the requirements of this section. The Planning Board may require a good faith demonstration that the owner(s) of such structure(s) were contacted and either denied permission for such shared use, required economically infeasible lease or rental provisions, or in the alternative, the applicant may demonstrate factually to the satisfaction of the Planning Board that the necessary service cannot be provided by use of such locations.
(3)
Lot size and setbacks. The lot size and setback requirements for a public communications utility tower/antenna shall be related to the height of said tower/antenna. Pursuant to the requirements of this chapter, said structure shall be located in the center of a lot, which lot shall measure not less than 1/2 the height of said tower in all directions, so that in the event said tower should collapse or fail, no structure or persons on any adjoining properties will be placed at risk.
(4)
Accessories.
(a)
Any antenna or other communications device that is accessory to and attached to a building located in the LB, LB-2, or B-1 Districts which does not exceed the height limitation for buildings in said districts by more than 10 feet shall be considered a permitted accessory thereto. Such device shall not require further review pursuant to this section, except pursuant to Subsection Q(5) and (7) of this section, to the extent that they apply. Such accessory communications devices shall be camouflaged by making it resemble a structural or architectural element of the building to which it is accessory to the extent possible.
(b)
Other utility structures, such as storage buildings necessary to the operation of said tower/antenna may be located on the same lot if such location is necessary for the operation of said facility, subject to site plan approval by the Planning Board as to color, location, visual screening, access control and/or other valid site plan review considerations.
(5)
Visual impacts. All public utility communications structures shall be sited to create the least practicable adverse visual impact on the surrounding community. Any applicant pursuant to this section shall provide visual impact assessment information as reasonably required to evaluate the visual effects of a proposed communications tower/antenna or device pursuant to this section, with particular attention to key vantage points or viewshed areas both within the Town of Mount Hope and in other municipalities as may also be affected during both daytime and nighttime conditions. To the extent practicable, reasonable screening shall be provided from scenic vantage points, and/or other means of minimizing the visual effects of said facility, including but not limited to the color of the tower and appurtenances, which shall be light grey or have a galvanized finish above the tree line, and a grey, green, or black finish below the tree line, to the extent that such color is not preemptively regulated by the Federal Aviation Administration (FAA). The Planning Board may permit the use of vegetation, either alone or in combination with topography, fences, walls or other features to achieve sufficient screening. If vegetative plantings are proposed for screening purposes, the Planning Board shall require planting and replacement specifications to ensure that the intended effect is achieved and maintained. Siting of such facilities shall where possible avoid the need for compliance with FAA lighting and painting requirements.
(6)
Access and parking. The Planning Board shall review the means of access to the public communications utility tower/antenna site and shall consider its sufficiency with regard to relevant factors including but not limited to width, surfacing, slope, side slopes, drainage and erosion control, access control device(s) restricting unauthorized entry, as appropriate to the utility and any emergency vehicles needed to access the site. Adequate parking and turnaround area shall be provided for the site. Care shall be taken to minimize the visual impacts of such means of access, parking and turnaround area as seen from key vantage points, and the visual impacts of the same shall be evaluated and mitigated as set forth in Subsection Q(5) of this section.
(7)
Public safety. The applicant shall demonstrate that the proposed communications utility tower/antenna and/or appurtenant device(s) will not pose a threat to public health and safety as a result of falling or blowing ice and/or other debris, that public access to the same has been restricted so as to prevent climbing or other trespass on the structure itself, and/or any other relevant health and safety concern under the jurisdiction of this chapter.
(8)
Nothing herein shall be construed as preventing the continued existence of any public communications tower/antennas that are lawfully in existence at the date of enactment of this chapter. Further, nothing herein shall be construed as preventing the maintenance and continued operation of such preexisting facilities, including the utilization of "state of the art" equipment for the facility in order to maintain its existing level of service consistent with current technology. However, any increases in tower/antenna height or visibility for the purpose of increasing the service area or population shall be considered a new application and shall conform to the locational and other requirements set forth in this section.
(9)
Inspection. The Town Building Inspector or any authorized agent for the Town shall have the right to enter upon any area with existing or proposed towers in order to inspect the same for any lawful purpose, including but not limited to safety, structural integrity, visual impacts, conformance to approved plans and the requirements of this chapter and any other applicable statutes, rules and/or regulations.
R.
Recreational facilities providing for permitted recreational uses as follows:
(1)
Permitted recreational uses. Permitted recreational uses for a recreational facility include but are not limited to uses such as indoor and outdoor tennis courts; indoor and outdoor public swimming pools; "health club" as defined in this chapter; batting cages; shuffleboard courts; golf (including miniature golf); jogging trails, hiking trails, horse trails, or ski trails; indoor shooting ranges; indoor or outdoor ice-skating rinks, indoor roller-skating rinks, indoor or outdoor skateboard facilities, and the like. (See § 250-4, Definitions.)
(2)
The Planning Board shall consider the plan and layout of permitted recreational uses with respect to factors, including, but not limited to, the noise generated by the recreational use itself and the noise generated by any spectators or participants; lighting; any outdoor public address or sound system; hours of operation; parking; access; waste generation and handling; and may impose such conditions as it deems reasonably necessary to minimize any potential impacts on current or future surrounding land uses and community character and the public health, safety, and welfare.
(3)
Prohibited recreational uses. Prohibited recreational uses for a recreational facility include but are not limited to uses such as outdoor shooting ranges (whether or not involving the use of live ammunition, and involving any type of ammunition and method of propulsion); bungee-jumping facilities; carnival rides such as roller coasters, Ferris wheels and the like except by temporary special permit of the Town Board; automotive race tracks; motorcycle, motorbike, or other automotive vehicle tracks including all-terrain vehicle tracks or trails; and the like. Other uses which may create an objectionable nuisance by reason of their inherent generation of noise or unreasonably large crowds, excessive off-sight visual impacts, or other nuisance factors as determined by the Planning Board shall be deemed to be prohibited recreational uses.
T.
Restaurants/eating and drinking places.
(1)
The entire lot except for areas covered by buildings, parking lot or loading areas shall have a landscape plan approved by the Planning Board and be properly maintained.
(2)
Exterior lighting shall be restricted to that essential for safety and convenience of the users of the premises; and the source of such illumination shall be shielded from the view of all surrounding streets and lots.
U.
Senior housing developments.
(1)
No overall dimension of any building with one habitable floor shall exceed 250 feet in length. No building with more than one habitable floor shall exceed 160 feet in length, and, in addition, any such building shall be provided with a minimum five-foot offset at a maximum of every 40 feet of any such building. The aforesaid offset shall include the rooflines and extend a minimum of one unit width or a maximum of 40 feet.
(2)
The design and layout of the site, all buildings and all improvements shall be planned for the convenience of the senior citizens and in accordance with applicable federal, state and local codes, rules and regulations.
(3)
Handicapped access to all buildings and all floors, units and rooms therein within said buildings shall be provided. Installation of ramps and elevators shall be in accordance with all applicable codes and regulations.
(4)
The minimum distance between facing elevations of principal dwelling buildings shall be 35 feet.
(5)
Any inner court shall have a minimum dimension of 60 feet. Any outer court shall have a minimum dimension of 20 feet, and its depth shall not exceed its width.
(6)
The development shall provide adequate on-site active and passive recreational facilities such as recreation and social gathering areas, sitting areas, gardens and usable open space, which shall be fixed by the Planning Board.
(7)
Off-street parking shall meet the following requirements:
(a)
One space per habitable room;
(b)
Provisions shall be made for handicap parking spaces as required by law;
(c)
Every attempt shall be made to design the development such that no off-street parking areas are located within the minimum yard setbacks;
(d)
Access to and from the street shall be a minimum 24 feet in width;
(e)
All access and parking areas shall be properly drained, paved and striped;
(f)
Parking areas shall meet all other requirements of § 250-15D.
(8)
The development shall have central water and sewer systems which shall be commonly owned by the developer and/or owner of this project, shall be approved by the New York State Department of Health and/or New York State Department of Environmental Conservation.
(9)
A paved walkway system shall be provided leading from all units to parking areas and public streets.
(10)
The allowable number of dwelling units shall be determined utilizing the following minimum required square footages per dwelling unit:
Number of Habitable Rooms | Minimum Lot Area/Unit (square feet) |
|---|---|
1 | 3,900 |
2 | 4,800 |
3 | 7,200 |
(a)
To derive the acreage used in computing the allowable number of dwelling units on a given property, use the gross acreage minus the area allotted to bodies of water, areas subject to flooding, ponding or officially designated freshwater wetlands, areas which have slopes in excess of 20% and existing rights-of-way and easements.
(b)
For the purpose of this section, an efficiency unit contains one habitable room, a one-bedroom unit contains two habitable rooms and a two-bedroom unit contains three habitable rooms.
(11)
minimum livable floor area and occupancy standards for all units shall be as follows:
Number of Habitable Rooms | Minimum Livable Floor Area/Unit (square feet) | Maximum Number of Persons |
|---|---|---|
1 | 450 | 1 |
2 | 700 | 2 |
3 | 850 | 4 |
(12)
The development shall be adequately landscaped throughout the site and provide adequate vegetative screening along all property lines to provide a privacy and noise barrier, as may be deemed appropriate and in the discretion of the Planning Board. A landscape plan shall be submitted to the Planning Board for its review.
(13)
Architectural renderings shall be submitted to the Planning Board for the purpose of evaluating aesthetic impact of the development on the community. The renderings shall be complete, including, but not limited to, color schemes, architectural details, material, landscaping and any other information requested by the Planning Board.
V.
Utility building (public), plant, office structure or storage yard:
(1)
The Planning Board may require that such use be enclosed by protective fencing with a gate and have controlled access to such use.
(2)
The installation shall be so designed, enclosed, painted and screened with evergreens that it will be harmonious with the area in which it is located. The property shall be suitably landscaped and maintained in reasonable conformity with the surrounding neighborhood.
(3)
In appropriate cases, satisfactory evidence shall be submitted establishing that there will be no interference with radio and television reception on adjoining property.
W.
Utility structures (public), buildings, and rights-of-way necessary to serve areas within the Town but excluding building offices, repair or storage of equipment. Also included in this category are structures such as transformers, telephone and utility pads, pump stations, etc., but specifically excluded are antennas, radio and other communications towers, etc. or additions thereto.
Y.
Warehouse.
(1)
The entire lot except for the area covered by buildings, parking lot or loading areas shall have a landscape plan approved by the Planning Board.
(2)
Exterior lighting shall be restricted to that essential for the safety and convenience of the users of the premises; and the source of such illumination shall be shielded from view of all surrounding streets and lots.
(3)
All goods stored out of doors shall be stored in only rear or side yards in conformance with the minimum requirements stated in the Schedule of District Regulations. (Said schedules are included as attachments to this chapter.)
Z.
Wearing apparel or accessories manufacturing:
(1)
A manufacturing use must not create any dangerous, noxious or otherwise objectionable fire, explosion, radioactivity or other hazard, so as to adversely affect the surrounding area.
(2)
Outside storage of materials shall not exceed 70% of the lot area when combined with the building and all other paved surfaces.
(3)
The outside storage area shall be screened from an arterial or collector road or adjacent residential district. Screening shall take the form of either evergreen landscaping, walls, topographic break or fencing of a height of at least eight feet.
BB.
Small cell wireless facilities.
(1)
Purpose. The purpose of this section is to establish uniform policies and procedures for the deployment and installation of small wireless facilities in rights-of-way within the Town's jurisdiction and owned by the Town, which will provide a public health, safety, and welfare benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the Town rights-of-way and the Town as a whole.
(2)
Intent. In enacting this chapter, the Town is establishing uniform standards to address issues presented by small wireless facilities, including, without limitation, to:
(a)
Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places;
(b)
Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;
(c)
Prevent interference with existing facilities and operations of facilities presently lawfully located in rights-of-way or public property;
(d)
Ensure reasonable efforts are made to preserve the character of neighborhoods in which facilities are installed;
(e)
Protect against environmental damage, including damage to trees; and facilitate rapid deployment of small wireless facilities to provide the benefits of reliable access to wireless telecommunications technology, broadband and 911 services to homes, businesses, schools within the Town.
(3) SMALL WIRELESS FACILITY or SMALL CELL WIRELESS TELECOMMUNICATIONS PROVIDER
Definitions. As used in this article, the following terms shall have the meanings indicated:
A wireless telecommunications facility that meets both of the following qualifications: (i) Each antenna is located inside an enclosure of no more than three cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three cubic feet; and (ii) all other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, ground-based enclosures, grounding equipment, power transfer switch, cutoff switch, and vertical cable runs for the connection of power and other services.
A wireless telecommunications infrastructure provider or a wireless telecommunications services provider.
(4)
Permitted use; application fees; violations.
(a)
Permitted use. Co-location of a small wireless facility or a new or modified utility pole or wireless support structure for the co-location of a small wireless facility shall be a permitted use not requiring discretionary zoning approvals subject to the restrictions in contained herein.
(b)
Permit required. No person shall place a small wireless facility in the rights-of-way without first filing a small wireless facility application and obtaining a small cell building permit therefor, except as otherwise provided in this chapter.
(c)
Permit application. All small wireless facility applications for small cell building/work permits filed pursuant to this chapter shall be on a form set by the Building Department of the Town of Mount Hope. The Building Department shall review the application for a small cell building permit in light of its conformity with applicable regulations of this chapter and all applicable building and safety codes. If the application is denied, the basis of denial shall be provided to the applicant in writing.
(d)
Routine maintenance and modifications. An application shall not be required for: (i) routine maintenance; and (ii) like-kind modifications to any existing small wireless facility that do not materially change the appearance of the small wireless facility or exceed the structural capacity of the supporting structure.
(e)
Information updates. Any amendment to information contained in a small cell building permit application shall be submitted in writing to the Building Department within thirty (30) days after the change necessitating the amendment.
(f)
Application fees. All applications for small cell building permits pursuant to this chapter shall be accompanied by a fee for actual, direct, and reasonable costs incurred by the Town related to processing the application.
(g)
Violations. A permit shall be revoked for any violation of the provisions of this chapter.
(5)
Maximum height; other requirements.
(a)
Maximum size of permitted use. Small wireless facilities and new or modified utility poles and wireless telecommunications support structures for the co-location of small wireless facilities may be placed in Town rights-of-way as a permitted use subject to the following requirements:
[1]
Each new or modified utility pole or wireless telecommunication support structure installed in the rights-of-way shall not exceed the greater of:
(b)
Design requirements. Small wireless facilities must be designed so as to avoid unsightly or out-of-character deployments and subject to the approval of the Building Department.
(c)
Zoning. Any wireless telecommunications provider that seeks to construct or modify a utility pole, wireless telecommunication support structure or wireless telecommunications facility that exceeds the height or size limits contained in this section shall be subject to applicable zoning requirements. In all other instances, no discretionary zoning approvals shall be required for projects which comply with the terms of this chapter and a small cell building/work permit shall be issued.
(6)
Removal, relocation or modification of small wireless facility in the ROW.
(a)
Notice. Following written notice from the Town, wireless provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any small wireless facilities within the rights-of-way whenever the Town has determined that such removal, relocation, change or alteration, is necessary for the construction, repair, maintenance, or installation of any Town improvement in or upon, or the operations of the Town in or upon, the rights-of-way.
(b)
Emergency removal or relocation of facilities. The Town retains the right to cut or move any small wireless facility located within the rights-of-way of the Town, as the Town may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the Town shall notify the wireless telecommunications provider and provide the wireless. telecommunications provider an opportunity to move its own facilities prior to cutting or removing a facility and shall notify the wireless telecommunications provider after cutting or removing a small wireless facility.
(c)
Abandonment of facilities. Upon abandonment of a small wireless facility within the rights-of-way of the Town, the wireless provider shall notify the Town within 90 days. Following receipt of such notice the Town may direct the wireless provider to remove all or any portion of the small wireless facility if the Town, or any of its departments, determines that such removal will be in the best interest of the public health, safety and welfare.
(7)
Fees.
(a)
ROW administration fee. A wireless telecommunications provider authorized to place small wireless facilities in the rights-of-way shall pay to the Town an annual administration rate to be set by resolution of the Town Board.
(b)
Attachment fee. A wireless telecommunications provider authorized to place small wireless facilities shall pay an annual fee to place to place a small wireless facility on a Town-owned pole in a Town right-of-way. Such fee shall be set by resolution of the Town Board.