Mount Hope City Zoning Code
ARTICLE IV
Regulations for All Districts
§ 250-9 Applicability of district regulations; general requirements.
A.
No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, moved, altered, rebuilt or enlarged except in conformity with the regulations herein specified for the district in which it is located.
B.
No yard or open space required in connection with any building or use shall be considered as providing a required open space for any other building on the same or any other lot.
C.
No yard or lot existing at the time of passage of this chapter shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet the minimum requirements established by this chapter.
D.
No lot shall be formed from part of a lot already occupied by a building or structure unless such building or structure and all yards and open spaces connected therewith and there remaining lot or lots comply with all bulk and area requirements prescribed in this chapter for the district in which said lot is located. No permit shall be issued for the erection of a building or structure on any new lot thus created unless such building or structure and lot comply with all the provisions of Article XI requiring site plan review. Formation of a new lot will require subdivision approval by the Planning Board.
E.
Where a lot is already occupied by a principal building, no other principal buildings or groups of buildings may be constructed on such parcel unless the existing buildings and all of its yards and open spaces comply with the bulk and area requirements of this chapter in the district in which said lot is located, and, in addition, the new building(s) or structure(s) must also comply with the same requirements. Such additional building(s) or structure(s) shall require site plan review by the Planning Board.
F.
No building or construction permits shall be issued without first securing a driveway permit from the state, county or Town, where applicable.
G.
Nothing contained in this chapter shall require any change in the plans, construction or designated use of a building or structure complying with the existing law, a permit for which shall be duly issued and the construction of which shall have been started at least 90 days before the date of the passage of this chapter.
H.
Nothing contained herein shall be construed to modify the provisions relating to nonconforming uses as set forth in § 250-10 of this chapter.
I.
Within each district, the regulations set by this chapter shall be minimum regulations and shall apply uniformly to each kind of structure or land.
J.
No trailer shall be moved into, located or placed in the Town of Mount Hope for any purpose except as follows:
(1)
Construction trailers may be allowed for periods determined by the Planning Board as approved during the site plan approval or subdivision process. Such approval shall also stipulate a removal date and conditions for removal, and extensions to the same may be granted by the Planning Board in its discretion.
(2)
Trailers located in garages, and travel or utility trailers under 15 feet in length located in side and rear yards shall be exempt from this section. Longer travel trailers may be located in rear yards and outside required side yards, provided that they are screened from the view of existing or potential future adjacent residences. The sufficiency of such screening shall be subject to the approval of the Building Inspector.
K.
No structures which shall include but are not limited to tents, shacks, barns or lean-tos shall be erected for the purpose of residence or any other use except where otherwise allowed under this chapter until a permit is secured from the Building Inspector to erect and occupy said structures. This subsection shall not apply to temporary tents or children's play structures under 10 feet in height which are not subject to the Building Code for customary accessory use.
L.
All dwellings shall have a minimum habitable floor area as defined by the New York State Building Code of 1,000 square feet, unless a specific part of this chapter in a specific zoned area provides otherwise.
M.
There shall be a total of no more than one truck, piece of earth-moving equipment, or similar heavy equipment stored outdoors, in the front and side yards and on the property at any time, with the exception of agricultural equipment in agricultural districts.
§ 250-10 Nonconforming buildings, structures and uses.
The following provisions shall apply to all buildings and uses existing on the effective date of this chapter, excepting farm structures situated in the residential districts and to all buildings and uses that become nonconforming by reason of any subsequent amendment to this chapter and Zoning Map which is a part thereof and to all conforming buildings housing nonconforming uses.
A.
Nonconforming uses:
(1)
May continue indefinitely;
(2)
Shall not be enlarged, extended, reconstructed or placed on a different portion of the lot occupied by such uses on the effective date of this chapter, nor shall any external evidence or portion of such use be increased by any means whatsoever [See also § 250-10B(3).];
(3)
Shall not be changed to another nonconforming use; and
(4)
Shall not be reestablished if such use has been discontinued for any reason for a period of one year or more, or has been changed to, or replaced by, a conforming use. Intent to resume a nonconforming use shall not confer the right to do so.
B.
Nonconforming building or structure:
(1)
Shall not be extended or enlarged, or altered in any way except as indicated below.
(2)
Shall not be moved to another location where such building or structure would also be nonconforming.
(3)
May be restored but not enlarged after damage by fire, accident or other act of God and the nonconforming use reinstated, provided a building permit is obtained and a certificate of occupancy is issued within one year after such damage.
(4)
Normal maintenance and repair, alteration, reconstruction or enlargement of a building which does not house a nonconforming use, but is nonconforming as to district regulations for bulk requirements, including but not limited to lot area, lot width, front, side or rear yards, maximum height and lot coverage, or other such regulation, is permitted if the same does not increase the degree of, or create any new nonconformity with respect to such regulations in such building.
(5)
Nothing shall prevent normal maintenance and repair of any building or structure or the carrying out, upon the issuance of a building permit, of major structural alterations or demolition necessary in the interest of public safety. In granting such a permit, the Building Inspector shall state the reason why such alterations were deemed necessary.
§ 250-11 Exceptions to district regulations.
A.
Existing lots.
(1)
Nothing shall prohibit the use of a lot of less than the prescribed area or width, when such lot was owned individually and separately from any adjoining lot or tract at the time of enactment of this chapter provided that all other provisions of this chapter are met other than the minimum lot area, lot width or side yards. Existing undersized lots meeting the above circumstances shall comply with the following table of widths and yards as measured in feet:
Widths | Yards | ||
|---|---|---|---|
Equal to or Greater Than (feet) | Less than (feet) | Minimum Side Yard (feet) | Total of Both Side Yards (feet) |
100 | 150 | 15 | 40 |
75 | 100 | 10 | 25 |
50 | 75 | 7.5 | 15 |
B.
Height regulations. The height limitations of these regulations shall be waived for barns and silos, private home antennas and for the following, provided that the areas of such uses do not exceed 10% of the total roof area of which they are a part: flag pole, spire, belfry, chimney, skylight, cupola, water or cooling tower or elevator or stair bulkhead.
C.
Lot depth. The required lot depth at any point may be decreased by 25% if the average lot depth conforms with the minimum required.
D.
Yards.
(1)
The following accessory structure may be located in any required yard:
(a)
Chimneys or pilasters.
(b)
Open arbor or trellis.
(c)
Unroofed steps, patio or terrace no closer than 20 feet to the street line or 10 feet to any side or rear lot line, provided the building complies with the yard requirements of this chapter.
(d)
Awning or movable canopy not to exceed 10 feet in height.
(f)
Overhanging roof not in excess of 10% of the required front yard depth measured from the street line.
(2)
If two or more existing dwellings are located within 200 feet on each side of a proposed dwelling and on the same side of the street within the same block and district, said proposed dwelling need not have a front yard greater than the average setback of all existing dwellings so located.
E.
Excavation operations.
(1)
Nothing shall prohibit the excavation of sand, gravel, shale, topsoil or other aggregate from a lot or a parcel of land for which a subdivision has been granted final approval, preparatory to the construction of a building for which a building permit has been issued, provided that any area of land around the building from which topsoil has been removed or covered with fill shall be provided with an effective cover crop within the first growing season following the start of such operation, and further provided that the New York State Department of Environmental Conservation or other applicable regulatory agency determines that, based upon the volume of material removed or to be removed, no such permit is required.
(2)
No excavation or aggregate removal shall take place on a lot which requires subdivision or site plan approval until such approval has been granted for the same. The Planning Board shall consider the approval of such excavation or removal as a part of its overall grading plan within subdivision or site plan approval.
§ 250-12 Corner lots.
A.
Front yard setbacks are required on both street frontages, and one yard other than such front yards shall be deemed to be the rear yard and the other(s) side yard(s).
B.
At all street intersections, no obstructions to vision exceeding 30 inches in height shall be erected on any lot within the triangle formed by the intersecting street lines and a line drawn between points along such street lines 30 feet distant from their point of intersection.
§ 250-13 Accessory buildings.
A.
A permitted accessory building may be located in any required side or rear yard, provided:
(1)
Such building shall not exceed 15 feet in height.
(2)
Such building shall be set back at least five feet from any lot line and at least 10 feet from the main building.
(3)
Such building shall not occupy more than 30% of the required yard.
(4)
No such building on any lot in any district shall be used for residential purposes.
B.
No such building shall project nearer to the fronting street than the main building.
§ 250-14 Accessory structure and use standards.
A.
The location, limitation and coverage of residential accessory buildings shall be as follows:
(1)
No accessory building permitted by this chapter shall be placed in any required side or front yard except as provided in this article.
(2)
The aggregate ground area covered by any accessory buildings in any rear yard shall not exceed 50% of the rear yard area.
(3)
Accessory structures on residential lots not attached to a principal structure shall:
(a)
Be located not less than 10 feet from any side or rear lot line.
(b)
Be no closer to the street than any principal structure on the lot, except in the case of farm buildings. Accessory buildings to principal structures located more than 250 feet from the front lot line shall also be exempt. Accessory structures may, in these situations, be located in front of residences but not in required front yard areas.
(4)
Storage trailers, railroad cars, bulk containers or retired mobile home units and recreational vehicles shall not be used for purposes of accessory structures in connection with any nonagricultural use.
(5)
Swimming pools shall comply with the applicable sections of the New York State Uniform Fire Prevention and Building Code, as amended.
(6)
Fences (including hedges) and walls.
(a)
Except as otherwise approved by the Planning Board as part of a site plan, fences and walls:
[1]
Shall not exceed six feet in height when erected in required side or rear yards and shall not exceed four feet in height when erected in the required front yard;
[2]
The setback requirements in this chapter shall not apply to retaining walls or fences less than or equal to six feet high in any side or rear yard, except where corner clearances are required for traffic safety, and shall not exceed four feet in any front yard;
[3]
The setback requirements of this chapter shall not apply to any front yard fences or walls less than four feet high, except that customary agricultural wire, board, or split rail fencing which does not obstruct visibility, may be higher;
[4]
Shall conform to corner lot requirements contained herein; and
[5]
Shall be measured from the ground level at the base of the fence or wall, excepting that where there is a retaining wall the height shall be measured from the average of the ground levels at each end of the retaining wall.
(b)
All retaining walls over four feet high shall be designed by a New York State-licensed design professional and obtain a building permit from the Building Inspector.
(c)
Fences and walls shall be set back a minimum of 12 feet from the edge of the pavement, but must be located out of the Town's right-of-way.
B.
Accessory structures to commercial or industrial uses shall require site plan and/or special use approval from the Town of Mount Hope Planning Board. Existing, approved commercial or industrial site plans may add one accessory structure, such as a shed, up to 500 square feet, for storage, without additional site plan or special use permits, providing they meet all other applicable regulations and setbacks in the zone.
C.
Single-family dwellings. One single-family detached dwelling, not to exceed one dwelling on each lot. However, on lots which have sufficient lot area to be subdivided in accordance with the bulk table requirements for that particular zone, a second single-family detached dwelling shall be permitted, provided the second dwelling is situated such that it meets all the requirements in the zone in which it is located for a potential future subdivision. It must be in single ownership with the main building on the lot. Any proposed second single-family detached dwelling as permitted herein, shall require Planning Board approval. If either single-family dwelling is to be sold, subdivision approval must be obtained from the Planning Board.
[Amended 2-3-2020 by L.L. No. 2-2020]
§ 250-15 Fences and walls.
A.
Fences and walls:
[Amended 2-3-2020 by L.L. No. 2-2020]
(1)
Fences installed as part of a commercial use or application shall not exceed eight feet in height unless otherwise expressly provided for in another section of the Zoning Law of the Town of Mount Hope.
(2)
Fences installed as part of a residential use or application shall not exceed six feet in height when erected in side or rear yards and not over four feet in height when erected in the front yard unless otherwise expressly provided for in another section of the Zoning Law of the Town of Mount Hope.
(3)
Shall conform to corner lot requirements where applicable.
(4)
Shall be measured from the ground level at the base of the fence, excepting that where there is a retaining wall the height shall be measured from the average of the ground levels at each end of the retaining wall.
B.
All fences, walls, hedges and other barriers, border or boundary plantings or fixtures or otherwise shall be so constructed, planted and set back so that they do not interfere with the view along public streets and highways for traffic traversing or entering thereon.
§ 250-16 Off-street parking and loading facilities.
A.
Permitted accessory parking.
(1)
There is no limitation on the number of agricultural equipment permitted accessory to an active and currently operating farm use.
(2)
No commercial vehicle over 20 feet in length may be parked on a lot in a residential district.
(3)
Campers, camper trailers, boat trailers, and utility trailers may not be parked in a required front yard nor between the street line and the principal building. In no event shall such parked vehicle be used for residential purposes.
B.
Permitted accessory loading berths. Off-street loading berths are permitted accessory to any use except residences, provided that such facilities are not located in a required front yard.
C.
Required off-street parking spaces.
(1)
Required spaces.
Use | At Least One Parking Space for Each: |
|---|---|
Dwelling | 1/2 dwelling unit |
Motel or hotel | Guest room plus 1 per 2 employees on site at any 1 time |
Church, meeting hall, auditorium or other place of public assembly not otherwise classified "schools" | 3 seats or 50 square feet of seating area where fixed seating is not provided |
Day-care center, nursery school | 10 students plus 1 per staff member |
Grade school, elementary school and junior or senior high schools | 12 students or the auditorium requirements as specified above, whichever is greater |
Trade schools, business and commercial schools, colleges | Employee and faculty members plus 1 per 1.5 students for which the maximum capacity design or the auditorium requirements as specified above, whichever is greater |
Home occupation | 150 square feet of such use plus 1 for each additional 200 square feet or fraction thereof |
Retail stores and service shops | 150 square feet |
Offices | 200 square feet |
Eating and drinking places | 50 square feet of area available to patrons |
Funeral homes | 60 square feet of public room area |
Bowling alleys | 1/4 alley |
Industrial establishments | Employee |
Hospitals | 3 employees plus 3 per 2 beds |
Nursing home, sanitarium | 3 beds |
Veterinary hospitals, dog kennels | 250 square feet |
(2)
For uses not specifically listed, the requirement shall be determined to be the same as the most similarly listed use and/or shall be determined by the Planning Board in its discretion, based on established parking criteria at the time of site plan review.
D.
Parking space standards.
(1)
Areas which may be computed as a required off-street parking space may include a garage, carport or other area available for parking, other than a street or driveway. A driveway within a required front yard in a residential district may be counted as one space.
(2)
Required accessory parking spaces, open or enclosed, may be provided upon the same lot as the use to which they are accessory, or elsewhere, provided all spaces are located within 500 feet walking distance of such lot. In all cases, such parking spaces shall conform to all regulations of the district in which they are located; and in no event shall such parking spaces be located in any residential district unless the uses to which they are accessory are permitted in such districts. Such spaces shall be in the same ownership as the use to which they are accessory or leased for not less than 50 years, and said owner or lessee shall maintain the required number of spaces available, either throughout the existence of such use, or until such spaces are provided elsewhere.
(3)
Minimum parking space width shall be 10 feet, minimum length shall be 20 feet, and 24 feet shall be available for driving aisles.
(4)
Unobstructed access to and from a street shall be provided. Such access shall consist of at least one lane for parking areas with less than 20 spaces, and at least two lanes for parking areas with 20 spaces or more.
(5)
All open parking areas shall be properly drained and all such areas of over 10 spaces shall be provided with a paved surface.
(6)
Required parking spaces may be provided in spaces designed to serve jointly two or more establishments whether or not located on the same lot, and the number of required spaces in such joint facilities shall be not less than the total required for all such establishments.
(7)
When any lot contains two or more uses having different parking requirements, the parking requirements for each use shall apply to the extent of that use. Where it can be conclusively demonstrated that one or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses are not in operation, the Planning Board may reduce the total parking spaces so that the minimum number of spaces provided meets the highest peak parking demand.
(8)
Parking lots with a capacity in excess of 50 vehicles shall have 5% of the parking area landscaped. This 5% is exclusive of landscaping immediately in front of a building or alongside, front or rear lot lines.
§ 250-17 Floodplain Overlay Zone.
Within the borders of the Floodplain Overlay Zone, all uses described in this section shall be permitted as indicated for the district in which the uses are located except as follows:
A.
Whenever a request for a building permit is made for any use within the Floodplain Overlay Zone, the application shall include a site survey with accurate USGS elevations of all construction, and the Building Inspector shall refuse to issue a building permit if he determines there will be a danger of flooding.
§ 250-18 Swimming pools.
A.
This section shall apply to swimming pools within the Town of Mount Hope, and all the terms, conditions and provisions regulating such swimming pools shall be deemed to apply to existing pools and permits shall be required, and the persons who presently have swimming pools as defined within this chapter shall have 90 days after this chapter has been adopted to apply for said permit and comply with the regulations herein and after such expiration of 90 days shall be deemed in violation of this chapter in the event they do not comply with such regulations.
B.
It shall be unlawful for any person to hereafter construct or install a swimming pool in the Town without having first obtained a permit therefor. Application for such a permit, accompanied by two sets of plans and specifications of such proposed swimming pool shall be filed with the Building Inspector. There shall be stated in such application the premises and exact location thereon, where said swimming pool is proposed to be constructed or installed. The Building Inspector shall not render a decision on nor establish any requirements regarding the structural features or durability of said pool except as hereinafter provided, but shall issue a permit therefor if the same complies with the provisions of this chapter. A fee shall be charged for such permit and shall accompany the application in accordance with the current fee schedule.
C.
Such swimming pool shall be manufactured and finished with materials which are waterproof and easily cleaned. No aluminum paint shall be used as a finish. No sand or earth bottoms shall be used.
D.
Every swimming pool hereafter constructed or installed shall be equipped with a discharge drain. Such drain shall not be over two inches in diameter and be of galvanized iron pipe, or of any equal material approved by the Town Building Inspector, who shall likewise approve its outlet connection. No swimming pool shall be drained while it is raining.
E.
No such swimming pool hereafter constructed or installed shall be located nearer than 10 feet to any property side line or rear line. No swimming pool shall be constructed or installed within any front yard.
F.
No artificial lighting shall be maintained or operated in connection with any swimming pool presently constructed or installed or hereafter to be constructed or installed, in such manner as to unreasonably interfere with the occupants of neighboring properties or public roads.
G.
Every swimming pool installed completely in ground heretofore, or hereafter constructed, installed or maintained, shall be completely enclosed by a fence of durable construction; not less than four feet high having at least one gate or door, which gate or door shall be kept securely locked by a self-closing snap lock at all times when such pool or pool area is not being used. If the fence be of wire construction it is not to have a linkage more than 2 1/2 inches in diameter. Such fence shall be approved in writing by the Building Inspector of the Town of Mount Hope. This provision shall not apply to fences safeguarding swimming pools existing at the time this chapter becomes effective. In such cases, the Building Inspector is hereby authorized and directed to approve such existing fences in his discretion which substantially comply with this section.
H.
All aboveground pools which have any part less than four feet high shall be fenced in accordance with Subsection G above. Such pool over four feet high must be equipped with a safety-type ladder to prevent general access.
I.
All drainage from a swimming pool as defined in this chapter shall be discharged in such a manner that sewage cannot be siphoned, flooded or otherwise discharged into the swimming pool. There shall be no physical connection between a potable public or private water supply system and a pool structure.
J.
Every swimming pool presently constructed or installed or hereafter constructed or installed shall be maintained at all times in a reasonably safe condition. Any unsafe condition shall be forthwith corrected upon notice from the Building Inspector. In any and all instances, all swimming pools must conform to the applicable requirements of the New York Code of Rules and Regulations, 10 NYCRR Part 6.
K.
No person shall use any pool constructed or maintained in the Town without having secured a certificate of use.
§ 250-19 Uses prohibited in all districts.
A.
Public and private dumps and landfills. No person, firm or private or municipal corporation shall place, store, deposit or dump or cause to be placed, stored, deposited or dumped for the purpose of abandonment any unwanted material of any origin, including, but not limited to, metal, stones, metal tanks, tires, automobiles, automobile parts (except for presently existing automobile salvage yards which possess a valid permit to operate the same), barrels, metal cans, or other metal containers, or medical waste materials, or garbage and soil waste of any nature on any public or privately owned lot, tract of land, street, lane, alley, road, park or reserve, within the corporate limits of the Town of Mount Hope, on any property, public or private. No "junkyard" as defined in § 250-4, Definitions, shall be permitted.
B.
Construction and demolition debris, composting and yard waste. No person shall conduct or cause to be conducted any business or operation to deposit construction and demolition debris, composting material or yard waste on any property, public or private, within the Town of Mount Hope.
(1)
Other dumping areas. This chapter shall not apply to active agricultural operations (as defined by the State Agriculture and Markets Law) which maintain their own disposal plant or area, and deposit thereon waste and refuse from their own farms, or organic materials to be used for fertilization, feed, or fuel. However, in no event may such agricultural operation herein exempt from this chapter conduct such disposal in such a manner which is, or could be, in any way detrimental, harmful, or hazardous to the health and welfare of the community and its residents.
(2)
Exemptions.
(a)
This chapter shall not be construed so as to prevent the Town of Mount Hope Highway Department, the New York State Department of Transportation, or the Orange County Department of Public Works from engaging in any highway maintenance activity. Such activities include, but are not limited to, highway improvements, the cleaning of ditches and disposing of the soil therefrom on lands within the Town of Mount Hope.
(b)
This chapter shall not be construed so as to prevent a Town of Mount Hope homeowner from performing normal lawn care, maintenance and landscaping utilizing a total of up to 150 cubic yards of soil or topsoil or gravel or crushed stone or any other materials of a similar nature or a combination thereof during a period of one calendar year.
(c)
This chapter shall not be construed so as to prevent installation of a duly permitted and approved septic system.
(3)
Additional vehicle/trailer prohibitions.
(a)
At no time shall there be stored on any property and/or premises, developed or undeveloped, more than two whole and complete, unlicensed, unregistered or uninspected vehicles/trailers or combinations thereof, including, but not limited to, cars, trucks, trailers, including fifth-wheel boxes, boats, storage, flatbed, tag-along or other style trailers, motor homes or travel trailers or other motor vehicles. At no time shall partially assembled/disassembled vehicles/trailers be kept outside. At no time shall vehicles/trailers be stored on any vacant lots. The above vehicles and/or trailers may be stored only in accordance with the applicable rear yard setbacks for the district in which the same is located and shall be kept at a minimum of five feet from any property line. At no time may any vehicle and/or trailer as set forth above be stored in a front or side yard.
(4)
Firms as offenders. In the event that an offender be a firm or corporation, the Town of Mount Hope shall determine the identity of the individual, officer, or personnel responsible for the commission of such offense and those individuals shall be held personally liable and punishable for the offense in addition to the firm or corporation.
(5)
(a)
Any person, firm or corporation who violates the foregoing provision of this chapter shall be guilty of a violation, punishable by a fine not to exceed $5,000 or by imprisonment not to exceed 15 days, or by both such fine and imprisonment for each offense.
(b)
Each day of violation of this chapter shall constitute a separate offense.
(c)
In addition to the above penalties and punishment for a violation of the provisions of this chapter, the Town Board may also maintain an action or proceeding in the name of the Town of Mount Hope, in a court of competent jurisdiction, to compel compliance with, or to restrain by injunction such violation.
(d)
In addition to the above penalties, the responsible person, firm or corporation shall immediately remove and properly and legally dispose of all materials illegally deposited and immediately take all measures necessary to properly and legally restore all disturbed land and surfaces to the condition preexisting the illegal dumping actions.
(e)
Should the responsible person, firm or corporation fail to immediately remove the material illegally deposited on the property, the Town of Mount Hope is hereby authorized to go upon the property and remove the illegal material and restore the premises to its prior condition insomuch as same is possible, charging an amount equal to 150% of the Town's actual cost, including reasonable attorney's fees caused by noncompliance with the provisions of this chapter, in addition to the above-provided fines and penalties.
(f)
Any expense incurred by the Town as described above shall be a lien on the property until payment is received and shall be added to any, become and form part, of the taxes next to be assessed and levied upon such lot or land and shall bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
§ 250-20 Supplementary yard requirements and operating standards; timber harvesting.
A.
Supplementary yard requirements shall apply to agricultural operations and any other operations involving the keeping, breeding, and raising of animals and the raising of crops and other valuable growths to the extent permitted by this chapter:
(1)
Any structure used for housing animals within doors or overnight, including but not limited to coops and barns, shall be set back at least 175 feet from any lot line. Temporary shelters not used for permanent animal housing purposes, such as open-sided run-ins located within horse pasture areas, shall be exempt from the 175-foot setback requirement, but shall be set back at least 50 feet from any lot line.
(2)
Any locations used for open storage of manure or other odor — or dust-producing substances shall be set back at least 175 feet from any lot line.
(3)
Where agricultural animals are permitted to be raised pursuant to this chapter, and where such animals are pastured or maintained outdoors for any length of time, such animals shall be kept securely contained by fencing or other device such that no agricultural animal shall be permitted to roam off of the bounds of the lands associated with such agricultural use to the detriment of public health and safety. Such fencing or other device shall be adequately and regularly maintained so as to function properly as intended, and shall be adequate in height, gauge, and type of construction for the type of animal contained thereby. Such fencing shall be set back at least five feet from any property line.
(4)
Any heat-, power-, or noise-generating facilities, including, but not limited to, blowers or heaters shall be set back at least 200 feet from any lot line.
B.
Supplementary operating standards. Supplementary operating standards shall apply to agricultural operations and any other operations involving the keeping, breeding, and raising of animals and the raising of crops and other valuable growths to the extent permitted by this chapter, such that:
(1)
Adequate, safe, and sanitary animal housing facilities shall be furnished as needed to provide for animals associated therewith; that adequate food and water be provided for the same; that fences provided to contain pastured agricultural animals be adequately and regularly maintained so as to function properly as intended; that animal feed and wastes be stored and managed in such a way as to prevent its runoff to adjoining lots and off-site watercourses or water bodies and to avoid creating a public health hazard.
C.
Timber harvesting shall require a harvesting plan by a professional forester and a permit obtained from the Building Inspector.
§ 250-21 Conservation subdivisions.
A.
Purpose. Pursuant to § 278 (Cluster Subdivisions) of New York Town Law, the purpose of these regulations is to achieve a balance between well-designed development, meaningful open space conservation and natural resource protection in the Town of Mount Hope by requiring conservation subdivisions instead of conventional subdivisions. Conservation subdivision (clustering) is intended to encourage development in the most appropriate locations on a subdivided parcel, to limit the impact of development on sensitive and/or significant environmental, agricultural, historical and archaeological resources, and to encourage development that enhances the Town's rural character, pattern and scale of settlement.
B.
Applicability.
(1)
The Planning Board shall have the authority to require conservation subdivisions instead of conventional subdivisions if it finds such conservation subdivision to be in the best interest of the Town of Mount Hope as well as in the spirit of enforcing the Zoning Law of the Town. This requirement by the Planning Board shall be made during sketch plan review and prior to preparation and approval of a preliminary plat. An applicant may also request the Planning Board's permission to apply for a conservation subdivision under these regulations during sketch plan review and prior to preparation and approval of a preliminary plat. These regulations shall not apply in the following situations:
[Amended 4-5-2021 by L.L. No. 1-2021]
C.
Standards for conservation subdivisions.
(1)
Density calculation.
(a)
Base density. The base density in a conservation subdivision shall not exceed the maximum number of lots permissible in a conventional subdivision for the same parcel of land if the parcel was subdivided via a conventional subdivision where the lots conform to the minimum lot size, density, and other requirements otherwise applicable to the district or districts in which such parcel of land is located.
(b)
Base density calculation. The applicant shall submit a sketch plan for a conventional subdivision conforming to the minimum lot size, requirements and standards otherwise applicable to the district or districts in which the subdivision is located in order to establish the number of dwelling units permitted in a conservation subdivision (the "yield plan"). Said sketch plan must show that each lot meets the minimum lot size and area requirements for the zoning district in which is located and that each lot shown can be developed as a viable single-family residential lot. Except as specified herein, all development standards and controls normally applicable to conventional subdivisions shall also be applicable to conservation subdivisions. Thus, areas of land needed for roads, infrastructure as well as environmental site constraints that limit the number of lots in a conventional subdivision shall be taken into account in determining the number of lots allowable in a conservation subdivision.
(c)
The Planning Board, at its sole discretion, must determine whether the layout shown on the yield plan is realistic, reflecting a development pattern that could reasonably be expected to be implemented under conventional subdivision review.
(d)
The base density determined under this section may be further reduced by the Planning Board as a result of the conservation analysis required in Subsection C(2), Conservation analysis, below.
(e)
The density permitted by this section shall not be further reduced as a result of the reservation of parkland required during the subdivision process.
(f)
Density bonus. Pursuant to § 261-b of New York Town Law, the base density may be increased by up to 15% by the Planning Board if permanent public access will be granted to the protected open space land and any associated improvements.
(2)
Conservation analysis.
(a)
As part of its preliminary plat submission, an applicant shall prepare a conservation analysis, consisting of inventory maps, description of the land and an analysis of the conservation value of various site features. The conservation analysis shall show lands with conservation value, including but not limited to:
[1]
Constrained land, including state or federally regulated wetlands and associated buffers, watercourses, 100-year floodplains, slopes over 15%, land encumbered by existing easements or in other ways made unavailable for development, and land which is otherwise found by the Planning Board to be unsuitable for development.
[2]
Open space and recreational resources such as land exhibiting scenic, historic, recreational, ecological, water resource or other natural resource value.
[3]
Buffer areas necessary for screening new development from adjoining parcels.
[4]
In districts where agriculture is a permitted use, the agricultural value of land as indicated by the presence of soils classified by the U.S. Department of Agriculture as prime, prime if drained, and soils of statewide importance.
(b)
The conservation analysis shall describe the importance and the current and potential conservation value of all land on the site. In the course of its initial preliminary plat review, the Planning Board shall indicate to the applicant which of the lands identified as being of conservation value are most important to preserve.
(c)
The outcome of the conservation analysis and the Planning Board's determination shall be incorporated into the approved preliminary plat, which shall show land to be permanently preserved by a conservation easement. The preliminary plat shall also show preferred locations for intensive development as well as acceptable locations for less dense development.
(d)
The determination as to which land has the most conservation value and should be protected from development by conservation easement shall be made by the Planning Board. Whenever the Planning Board approves a preliminary plat with protected open space, it shall make written findings identifying the specific conservation values protected and the conservation findings supporting such protection. An application that does not include a complete conservation analysis sufficient for the Planning Board to make its conservation findings shall be considered incomplete.
(e)
The preliminary plat shall show the following as land to be preserved by conservation easement:
[1]
Constrained land identified by the analysis described in Subsection C(2)(a)[1] above; and
[2]
At least 40% of the remaining unconstrained land.
(3)
Types of development in a conservation subdivision. The allowable residential units may be developed as single-family or two-family dwellings. Within a conservation subdivision, a maximum of 25% of the residential units may be placed in two-family dwellings. Two-family dwellings should be designed to look nearly indistinguishable from single-family dwellings.
(4)
Area and dimensional requirements.
(a)
The intent of this section is to allow flexibility of design that allows for enhancement of rural character and conservation of open space. Lots should vary in size and shape and should utilize existing land features in configuration of the lots.
(b)
There shall be no minimum lot size in a conservation subdivision. The Planning Board shall determine appropriate lot sizes in the course of its review of a conservation subdivision in consideration of specific site characteristics and public health and safety concerns. In order to permit a clustered lot configuration, wells and septic systems may be located in areas of protected open space, provided that necessary easements are provided for maintenance of these facilities.
(c)
Where a conservation subdivision abuts an existing residence in a residentially zoned area, a suitable buffer area shall be required by the Planning Board. This buffer shall be at least the same distance as the minimum rear or side yard setback in the district in which the abutting land is located.
(d)
Where residential lots within a conservation subdivision abut agricultural operations, a suitable buffer area shall be required by the Planning Board.
(e)
The applicant shall specify dimensional requirements for a proposed conservation subdivision by identifying setbacks and other lot dimensions to be incorporated into the final plat.
(5)
Town Clerk notations on Official Zoning Map. In accordance with § 278 of Town Law, when the final plat is filed with the County Clerk and a copy of the final plat is filed with the Town Clerk, the Town Clerk shall make appropriate notations and references thereto on the Town Zoning Map. The Town Clerk shall make such notations and references as needed, but not less frequently than semiannually.
(6)
Conservation subdivision of a portion of larger tract. The Planning Board may entertain an application for a subdivision of a portion of a parcel if a conservation analysis is provided for the entire parcel.
D.
Permanent open space. Open space set aside in a conservation subdivision shall be permanently preserved as required by this section. Any development permitted on land located in a conservation subdivision that is not protected as open space shall not compromise the conservation value of such open space land.
(1)
Conservation value of open space. The open space protected pursuant to this section must have conservation value, which shall be determined in the course of the conservation analysis described in Subsection C(2) above.
(2)
Permanent preservation by conservation easement.
(a)
A perpetual conservation easement restricting development of the open space land and allowing use only for agriculture, forestry, passive recreation, protection of natural resources or similar conservation purposes, pursuant to § 247 of the General Municipal Law and/or §§ 49-0301 through 49-0311 of the Environmental Conservation Law, shall be granted to the Town, with the approval of the Town Board, and/or to a qualified not-for-profit conservation organization acceptable to the Town Board. Such conservation easement shall be approved by the Planning Board and is required for final plat approval. The Planning Board shall require that the conservation easement be enforceable by the Town if the Town is not the holder of the conservation easement. The conservation easement shall be recorded in the County Clerk's office, and recording information (liber and page) shall be shown on the final plat prior to filing of the final plat in the County Clerk's office.
(b)
The conservation easement shall prohibit residential, industrial or commercial use of open space land (except in connection with agriculture, forestry and passive recreation) and shall not be amendable to permit such use. Driveways, wells, underground sewage disposal facilities, local utility distribution lines, stormwater management facilities, trails and agricultural structures shall be permitted on preserved open space land with Planning Board approval, provided that they do not impair the conservation value of the land. Forestry shall be conducted in conformity with applicable best management practices as described by the New York State Department of Environmental Conservation's Division of Lands and Forests.
(c)
A land management plan, approved by the Planning Board, shall be included in the conservation easement. The land management plan shall contain the following information:
[1]
A baseline property condition report fully describing conditions of the property to be protected under the easement.
[2]
Primary contact information for all parties responsible for holding, monitoring and enforcing the easement.
[3]
A monitoring schedule and associated requirements.
[4]
A recordkeeping procedure.
[5]
Enforcement policy. The conservation easement shall provide that if the Town Board finds that the management plan has been violated in a manner that renders the condition of the land a public nuisance, the Town may, upon 30 days' written notice to the owner, enter the premises for necessary maintenance, and the cost of such maintenance by the Town shall be assessed against the landowner, or, in the case of a homeowners' association, the owners of properties within the development, and shall, if unpaid, become a tax lien on such property or properties. The conservation easement shall also provide that if the Town's Code Enforcement Officer finds that the conservation easement or management plan has been violated in any way, the owner of the property and any persons or entities contributing to said violation shall be subject to the penalties specified for Zoning Code violations in Town Code.
[6]
An amendment procedure.
[7]
For easements not held by the Town, a policy regarding dissolution of the easement-holding party.
(d)
The Town's Code Enforcement Officer shall have authority to enforce any conservation easement in the Town regardless of whether said conservation easement has been granted to the Town.
(e)
Preserved open space may be included as a portion of one or more large lots, or may be contained in a separate open space lot. The conservation easement may allow dwellings to be constructed on portions of lots that include preserved open space land, provided that the total number of dwellings permitted by the conservation easement in the entire subdivision is consistent with applicable density limitations as determined under Subsection C(1).
(3)
Notations on final plat. Preserved open space land shall be clearly delineated and labeled on the subdivision final plat as to its use, ownership, management, method of preservation, and the rights, if any, of the owners of lots in the subdivision and the public to the open space land. The final plat shall clearly show that the open space land is permanently preserved for conservation purposes by a conservation easement required by this section, and shall include deed recording information in the County Clerk's office for the conservation easement.
(4)
Ownership of open space land.
(a)
Open space land shall under all circumstances be protected by a perpetual conservation easement, but may be owned in common by a homeowner's association (HOA), offered for dedication to Town, County, or State governments, transferred to a nonprofit organization acceptable to the Planning Board, held in private ownership, or held in such other form of ownership as the Planning Board finds appropriate to properly manage the open space land and to protect its conservation value.
(b)
If the land is owned in common by an HOA, such HOA shall be established in accordance with the following:
[1]
The HOA application must be submitted to the New York State Attorney General's office before the approved subdivision final plat is signed and must comply with all applicable provisions of the General Business Law. The HOA must be approved by the New York State Attorney General's office prior to issuance of the first certificate of occupancy from the Code Enforcement Officer.
[2]
Membership must be mandatory for each lot owner, who must be required by recorded covenants and restrictions to pay fees to the HOA for taxes, insurance and maintenance of common open space, private roads and other common facilities.
[3]
The HOA must be responsible for liability insurance, property taxes and the maintenance of recreational and other facilities and private roads.
[4]
Property owners must pay their pro rata share of the costs in Subsection D(4)(b)[2] above, and the assessment levied by the HOA must be able to become a lien on the property.
[5]
The HOA must be able to adjust the assessment to meet changed needs.
[6]
The applicant shall make a conditional offer of dedication to the Town, binding upon the HOA, for all open space to be conveyed to the HOA. Such offer may be accepted by the Town, at the discretion of the Town Board, upon failure of the HOA to take title to the open space from the applicant or other current owner, upon dissolution of the association at any future time, or upon failure of the HOA to fulfill its maintenance obligations hereunder or to pay its real property taxes.
[7]
Ownership shall be structured in such a manner that real property taxing authorities can satisfy property tax claims against the open space lands by proceeding against individual owners in the HOA and the dwelling units they each own.
[8]
The Town's Attorney shall find that the HOA documents presented satisfy the conditions in Subsection D(4)(b)[1] through [7] above and such other conditions as the Planning Board shall deem necessary.
E.
Conservation subdivision procedures. In addition to all other requirements applicable to conventional two-stage subdivision review, the following shall apply to conservation subdivisions:
(1)
Sketch plan. In accordance with Chapter 210, Subdivision of Land, applicants shall request a sketch plan discussion with the Planning Board prior to submission of a preliminary application.
(2)
Preliminary subdivision review. In addition to information required pursuant to Chapter 210, the preliminary subdivision application for a conservation subdivision shall contain the following:
(3)
Final subdivision review. In addition to information required pursuant to Chapter 210, the final subdivision application for a conservation subdivision shall contain the following:
(a)
All the materials required for approval as provided herein, unless waived by the Planning Board.
(b)
Proposed conservation easement(s) for the protection of permanent open space land.
(c)
A final land management plan for the permanent open space areas, to be incorporated into the conservation easement and made enforceable by the Town.
(d)
Other submission requirements as specified by the Planning Board.