The required number of off-street parking spaces is as follows:

For uses not specifically listed, the requirement shall be the same as for the most similar use listed as determined by the Planning Board at the time of special use permit and/or site plan review, as provided for in Articles VII and VIII, respectively, of this chapter. Where no standard is established or applicable to a particular situation, the Planning Board, upon application, shall determine the required off-street parking.

In the case of a combination of uses on a single parcel, the requirement for off-street parking spaces shall be the sum of the requirements for the various individual uses, unless it can be established by the applicant that staggered hours of use would permit reduction of this requirement.

Areas which may be considered as meeting off-street parking space requirements may include a garage, carport or other properly developed area available for parking, not to include a public street.

No parking area, with the exception of a driveway, shall encroach on any portion of a required front yard or within 15 feet of any public right-of-way; open parking may, however, encroach on a required side or rear yard within three feet of a property line, except that if abutting a residential district, a minimum 15 feet of separation shall be maintained.

In all districts, each parking space provided shall be at least nine feet wide and 18 feet in length. Each space shall have direct and usable driveway access to a public street and adequate maneuvering area between spaces.

All parking spaces shall be suitably drained. Except for one- or two-family dwellings, parking lot surfacing requirements shall be established by the Planning Board under site plan review, as provided by Article VIII of this chapter, with particular consideration given to the number of vehicles accommodated and the intensity of use.

With the exception of driveways for one- or two-family residences, all off-street parking areas shall be designed to eliminate the need to back out onto the public road or highway.

The Town Highway Department must approve all drainage and culverts. All culverts shall be of lined plastic and designed for traffic loading. Thin-walled metal and PVC plastic is not acceptable.

Initial 10 feet of driveway starting at edge of existing highway pavement to be constructed with a negative grade away from the edge of the existing highway pavement.

Driveway culvert if required shall be a minimum diameter of 15 inches with a minimum of 12 inches coverage.

Driveways entering from county or state highways need approval of their respective engineers.

The applicant will be responsible for any and all damage to the roadway determined by the Town Superintendent of Highways. The Town Superintendent of Highways will determine what type of repair work is to be performed. The cost of this work will be the responsibility of the applicant.

By signing such document, the applicant agrees to bear all associated repair costs or as determined by the Town Superintendent of Highways.

Shall at all times be maintained in a proper state of repair in full compliance with the Building Code, Electrical Code and reasonable property maintenance standards.

Shall not attempt or appear to regulate, warn or direct highway traffic or to imitate or resemble official traffic signs, signals or devices.

Shall not project over property lines or be located within the public right-of-way.

Shall not rotate or otherwise move nor shall be illuminated by or contain a flashing, intermittent, rotating or moving light or lights.

With the exception of temporary signs discussed in Subsection B herein, shall convey subject matter related exclusively to the premises on which the sign is located or to products, accommodations or activities on those premises.

Construction signs, limited to one unlighted sign not exceeding 32 square feet in surface area and identifying the parties involved in the construction on the premises where the sign is located, but not including the advertisement of any product. Such signs shall be removed immediately upon the issuance of a certificate of occupancy and the initiation of intended use or upon completion of the work, whichever occurs earlier.

Event signs, not exceeding 24 square feet in surface area, displayed on private property and limited to one such event sign per each premises, announcing a campaign, drive or event of a political, civic, philanthropic, educational or religious organization, to be removed within a period of 10 days after the event.

For permitted home occupations, a single sign conforming to the requirements of § 150-28E and identifying the occupation conducted on the premises shall be permitted. Such sign shall be limited to six feet in height, unless attached to the principal structure, and shall not be located closer than 10 feet to the front line nor 20 feet to any other property line.[2]

For nonresidential uses within the H, R, RA, RR-1 and RR-2 Districts, a single wall sign not exceeding 24 square feet in total surface area, except as otherwise stated by this chapter, and identifying only the name of the establishment and its principal service or purpose shall be permitted.

For nonresidential uses within the CLI and NP Districts, a single freestanding or wall sign not exceeding 48 square feet in total surface area and identifying only the name of the establishment and its principal service or purpose shall be permitted. If freestanding, such sign shall not exceed 20 feet in height above finished grade and be located no closer than 20 feet to any property line.

Additionally, businesses and public destinations relating to, but isolated from, primary routes of travel shall be permitted a maximum of two directional signs as a special permit use, subject to the provisions of Article VII of this chapter, the issuance of a sign permit and the following additional requirements:

Title. This subsection shall be cited and may be hereafter referred to as the "Town of Poestenkill Sign Posting Law for Land Use Applications."

Legislative authority, intent and purpose. Every application for the creation, expansion or change of a permitted land use requires that a public hearing be conducted to afford to potentially impacted residents and property owners the opportunity to be heard and to express their support, opposition and/or concerns regarding the proposed action. However, the mandated publishing of a legal notice in the designated newspaper of the town is by itself often insufficient to accomplish this objective. Accordingly, it is the intent and purpose of this subsection to direct that additional public notice of any such pending land use application be given by posting directly upon the affected premises a sign setting forth in a clear and concise manner the nature and purpose of the proposed application.

Sign requirements and posting instructions for land use applicants. Any applicant for an area or use variance, subdivision approval, site plan approval, rezoning or other land use or activity for which municipal approval by the Town of Poestenkill is required shall comply with the following requirements for the posting of a sign notifying the public of the nature and purpose of the pending application.

Setbacks for structures, materials and equipment from property boundaries and public thoroughfares and from rights-of-way as well as natural and man-made barriers to restrict access so they shall conform to the District Schedule of Area and Bulk Regulations[1] for primary structures;

Dust control and hours of operation;

Prohibition of use for sharing, letting or subletting of space by anyone other than the permittee;

Off-street parking that conforms to § 150-19 of this chapter;

The location, nature and height of buildings, walls and fences, as well as the nature and intensity of intended operations, so they do not discourage permitted development and use of adjacent land and buildings, or impair the value thereof;

Accessibility to buildings, structures, equipment and/or material for fire and police protection; and

The limiting of notice of such use to a single sign which conforms to code, as well as the display or sale of stock-in-trade articles produced on premises.

Require screening;

Set hours of operation;

Assure the character and appearance of the proposed use, building, structure and/or outdoor sign shall be in general harmony with the character and appearance of the surrounding neighborhood; and

Assure the use is not more objectional to nearby properties by reason of noise, fumes, vibration or lights than other permitted uses of the property.

The mobile home shall be demonstrated, to the satisfaction of the Code Enforcement Officer, to have been constructed in accordance with the 1976 federal regulations for mobile homes and shall meet current requirements stated within the New York State Uniform Fire Prevention and Building Code for one- and two-family dwellings, including factory-manufactured homes.

The mobile home is sited according to the following foundation requirements:

Water supply and sewage disposal systems shall be installed in full conformance with the requirements of the Town of Poestenkill and the Rensselaer County Health Department, and a certificate to that effect shall be provided from the Town of Poestenkill and/or the Health Department prior to the issuance of a certificate of occupancy by the Code Enforcement Officer.[1]

Any modifications or additions to the mobile home shall be in conformance with New York State Uniform Fire Prevention and Building Code and applicable provisions of this chapter.

The permit may be issued only to the owner of the parcel.

The owner of the parcel must hold a valid building permit issued by the Code Enforcement Officer for construction or reconstruction of a dwelling on that parcel for his/her own occupancy.

The dwelling under construction or reconstruction must be unoccupied.

The duration of the permit may be for a period of up to one year. It may be extended for a period not to exceed one additional year by action of the Zoning Board of Appeals if, in that Board's opinion, unusual extenuating circumstances have been shown to exist.

The mobile home or travel trailer used must be connected to an approved existing water supply and septic system on the parcel. It must also meet Fire and Building Code requirements determined by the Code Enforcement Officer to be the minimum necessary for public safety.

The mobile home or travel trailer must be removed from the premises upon the expiration of the permit or completion of construction or reconstruction of the dwelling, whichever shall first occur.

The purpose of the accessory family dwelling unit concept (frequently called "granny pods") is to provide Poestenkill residents with an alternative to skilled nursing home care, assisted living or other less desirable approaches for those family members who desire to live independently, while at the same time being close to other family members who can care for them.

The accessory family dwelling unit is a residence where the unit may have a separate kitchen, bathing and sleeping area, and may use the primary residence's utilities (heat, electricity, water and sewage), provided the utilities are adequate. The unit shall have a maximum of 625 square feet of living space. These units are allowed after adequate proof of a family relationship or caretaker to the primary resident is shown. Except for the sharing of utility costs, there can be no compensation or rent for these units. The principal structure and the proposed accessory family dwelling unit combined must meet the requirements of Schedule of Bulk and Area Regulations and the District Schedule of Use Regulations included at the end of this chapter.

All federal, New York State , Rensselaer County and Town of Poestenkill codes must be met (building, health, fire, etc.).

A permit may be issued only to the owner of the parcel, and the unit must be owned by the owner of the parcel, or in the instance of the owner renting the unit, then the owner of the parcel must be the renting individual.

The unit may only be utilized by a family member or caregiver.

The unit may not be rented out and must be occupied by the family member or caregiver.

The unit may not be located on vacant land.

The unit must be a single-story structure.

The structure shall share a common driveway with the principal structure.

As an alternative to a prefabricated unit, the owner or the owners may construct a unit, provided that the unit meets all of the provisions detailed herein.

The unit exterior is not to be modified without Planning Board approval, and any interior modifications will require a building permit and be subject to inspection and approval by the Code Enforcement Officer.

The structure is not to be subdivided from the main parcel which the primary residence occupies.