TOWN OF HANCOCK
LOCAL LAW NO. 1
OF THE YEAR 2012
A local law TOWN
OF HANCOCK SITE PLAN REVIEW LAW
1 GENERAL
PROVISION
A. Enactment.
The Town Board of
the Town of Hancock, Delaware County, New York, does hereby ordain and enact
the Town of Hancock Site Plan Review Law pursuant to the authority
and provisions of Section 10 of the Municipal Home Rule Law and Section
274-a of
Town Law.
B. Short Title
This local law
shall be knows as the “Town of Hancock Site Plan Review Law.” The
Town of Hancock is hereinafter referred to as the “Town.”
C. Intent and
purpose.
It is the intent
of this local law to ensure optimum overall conservation and use of the
natural and man-related resources of the Town, by regulating land use
activity within
the Town of Hancock through review and approval of site plans. It is not the
specific intent of this local law to prohibit any land use activity but to
allow all land use activities meeting the standards set forth in this local
law for land development. Through site plan review, it is the intent of this
local law to promote the health, safety and general welfare of the Town.
D. Authorization
of Town of Hancock Planning Board to review site plans.
The Town of
Hancock Planning Board is hereby authorized to review and approve or
disapprove site plans for land uses within the Town of Hancock in accordance
with the
standards and procedures set forth in this local law.
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E. Applicability
of review requirements.
All new land development within the Town, except for the following exempted
activities, shall require site plan review and approval by the Town of
Hancock Planning Board before being undertaken.
1) Construction of one or two-family dwellings and all ordinary residential
accessory structures, and related land use activities including home
occupations.
2) Ordinary repair, maintenance or interior alterations to existing
structures or uses.
3) Exterior alterations or additions to existing structures that would not
increase the square footage of the existing structure by more than 50% or
4,000 square feet, whichever is greater.
4) Signs and other customary accessory activities connected with any
existing or approved use.
5) All agriculture, timbering and mining activities.
All existing land
uses are exempt from this Law, except for expansions and changes of use that
fall within the definition of land development. Any person uncertain of the
applicability of this local law to a given land use activity may apply in
writing to the Town of Hancock Town Board for a written jurisdictional
determination. The Town Board shall also be authorized by resolution to set
forth specific land uses that shall require site plan review.
F. Relationship
of this law to other laws and regulations.
This local law in no way affects the provisions or requirements of any other
federal,l state, or local law or regulations. Where this local law is in
conflict with any other such law or regulation, the more restrictive
provisions and requirements shall apply. The Town Board hereby supersedes
the New York State Town Law pursuant to the Municipal Home Rule Law to
establish a $350 per day fine for violations of this local law and establish
a Board of Appeals for granting are variances.
G. Further
regulations by Town Board.
The Town Board may, after a public hearing, adopt such further rules and
regulations as it deems reasonably necessary to carry out the provisions of
this law.
H. Severability.
The provisions of this local law are severable. If any article, section,
paragraph or provision of this local law shall be invalid, such invalidity
shall apply only to the article, section, paragraph or provision(s) adjudged
invalid, and the rest of this local law shall remain valid and effective.
I. Effective Date
This local law shall take effect immediately upon filing with the Secretary
of State.
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2. DEFINITIONS
A. Word Usage.
Unless otherwise listed below, the numbers, abbreviations, terms and words
used herein shall have the meaning of common usage as set forth in the
latest edition of Merriam-Webster’s Collegiate Dictionary.
B. Definitions.
HOME OCCUPATION – Any use customarily conducted entirely with a principal
structure and/or other structure accessory thereto and carried on by the
inhabitants thereof, which use is clearly incidental and secondary to the
principal use and does not change the character thereof. Home occupations
are excluded from regulation under this Law.
LAND DEVELOPMENT
– A commercial, industrial or other non-agricultural structure or use
involving more than 4,000 square feet of floor area, a multi-family
residential project of three or more units, a manufactured (mobile) home
park, a junkyard or an institutional or recreational use involving more than
10 acres of land.
NONCONFORMING
STRUCTURE – Any structure which is in existence within the Town on the
effective date of this law which is not in conformance with the dimensional
regulations herein.
ONE FAMILY
DWELLING – A complete self-contained residential unit for permanent
habitation by one family only, and containing one or more rooms and
facilities for living including cooking, sleeping, and sanitary needs.
PREVIOUS SURFACE
– A surface that allows storm water to be absorbed by the land.
STRUCTURE – Any
object constructed, installed or placed on land to facilitate land use and
development or subdivision of land, such as buildings, sheds, signs, tanks
and any fixtures, additions and alterations thereto.
STRUCTURE,
ACCESSORY – Any structure designed to accommodate an accessory use but
detached from the principal structure, such as, a free standing garage for
vehicles accessory to the principal use, a storage she, garden house or
similar facility.
TWO FAMILY
DWELLING – Two complete, but separate, self-contained residential units each
intended for permanent habitation by one family only in a single structure
having a common wall roof, wall or ceiling and containing separate rooms and
facilities for living including cooking, sleeping, and sanitary needs.
VARIANCE, AREA –
The authorization by the Board of Appeals for the use of the land in a
manner which is not allowed by the dimensional or physical requirements of
the applicable regulations.
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Any term used in
this local law which is not defined hereinabove shall carry its customary
meaning unless the context otherwise dictates.
3. PROCEDURES
A. General
procedures.
Prior to undertaking any new land development except for a one- or
two-family dwelling and other uses specifically excepted in Section 1.6 of
this local law, a land development or site plan approval by the Town of
Hancock Planning Board is required. Applicants for site plan approval should
follow the recommended procedures related to the sketch plan conference as
hereinafter set forth. Applicants must comply with all other procedures and
requirements of this local law.
B. Sketch plan.
A sketch plan conference shall be held between the Town of Hancock Planning
Board and the applicant prior to the preparation and submission of a formal
site plan. The intent of such a conference is to enable the applicant to
inform the Town of Hancock Planning Board of his proposal prior to the
preparation of a detailed site plan; and for the Town of Hancock Planning
Board to review the basic land development/site design concept, advise the
applicant as to potential problems and concerns and to generally determine
the information to be required on the site plan. In order to accomplish
these objectives, the applicant shall provide the following:
1) A statement
and rough sketch showing the locations and dimensions of
Principal and accessory structures, parking areas, access signs (with
descriptions), existing and proposed vegetation, and other planned features;
anticipated changes in the existing topography and natural features; and,
where applicable, measures and features to comply with flood hazard and
flood insurance regulations;
2) An area map
showing the parcel under consideration for site plan review,
And all properties, subdivisions, streets, rights-of-way, easements and
other pertinent features within 500 feet of the boundaries of the parcel;
and
3) A topographic
or contour map of adequate scale and detail to show site
topography.
C. Application
requirements.
An application for site plan approval shall be made in writing to the
chairman of the Town of Hancock Planning Board and shall be accompanied by
information contained on the following checklist. Where the sketch plan
conference was held, the accompanying information shall be drawn from the
following checklist as determined necessary by the Town of Hancock Planning
Board at said sketch plan conference.
1) Title of
drawing, including name and address of applicant and person
responsible for preparation of such drawing;
2) North arrow,
scale and date;
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3) Boundaries of
the property plotted to scale;
4) Existing buildings;
5) Grading and drainage plan, showing existing and proposed contours,
Rocks outcrops, depth to bedrock, soil characteristics, and watercourses;
6) Location, design, type of construction, proposed use and exterior
dimensions of all buildings;
7) Location, design and type of construction of all parking and truck
loading
areas, showing access and egress;
8) Provision for pedestrian access;
9) Location of outdoor storage, if any;
10) Location, design and construction materials of all existing or proposed
site improvements including drains, culverts, retaining walls and fences;
11) Description of the method of sewage disposal and location, design and
construction materials of such facilities;
12) Description of the method of securing public water and location, design
and construction materials of such facilities;
13) Location of fire and other emergency zones, including the location of
fire
hydrants;
14) Location, design and construction materials of all energy distribution
facilities, including electrical, gas and solar energy;
15) Location, size and design and type of construction of all proposed
signs;
16) Location and proposed development of all buffer areas, including
existing
vegetative cover;
17) Location and design of outdoor lighting facilities;
18) Identification of the location and amount of building area proposed for
retail sales or similar commercial activity;
19) General landscaping plan and planting schedule;
20) An estimated project construction schedule;
21) Record of application for and status of all necessary permits from other
governmental bodies;
22) Identification of any permits from other governmental bodies required
for
the project’s execution;
23) Other elements integral to the proposed development as may be
considered necessary in the particular case by the Town of Hancock
Planning Board.
D. Required fee.
An application
for site plan review shall be accompanied by a fee that is established by
the Town Board and modified from time to time by resolution of the Town
Board. The Town Board may also waive fees for good cause.
E. Reimbursable
costs.
1) In addition to any other fees required under the Town Code, the Town of
Hancock Planning Board and the Board of Appeals are authorized to
retain engineering, legal, planning and other expert consulting services
and clerical costs for: (1) assistance related to the review and processing
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of applications
coming before said bodies and the Town Building
Department and (b) the monitoring and inspection of construction of
projects by the Building Inspector for projects approved by said Town of
Hancock Planning Board and/or Board of Appeals.
2) Payment for
the services of any expert consultant is to be made from funds
deposited by the applicant with the Town Supervisor to be placed in an
escrow account established for that purpose. The Building Inspector, as
agent for the Town of Hancock Planning Board and/or Board of Appeals,
shall confer with the applicant and compute the amount of the escrow to
be posted with the Town. Said amount shall be reasonable related to the
costs attendant to the Town’s review and processing of the application
and/or the monitoring or inspecting of the construction of the project.
The Town shall engage any expert at a reasonable rate that is no greater
than that customarily charged by said expert and in no event at a rate
greater than that paid by the Town to said expert for similar work. If an
applicant objects to the amount to be placed in escrow, the applicant may
request the Town of Hancock Planning Board of the Board of Appeals, as
appropriate, to review the projected amount to be placed in escrow.
3) Once the
expert consulting fees are fixed it shall be the responsibility of
the applicant to submit to the Town Supervisor a certified or bank check
in an amount equal to the estimated costs of the expert consulting fees for
services to be rendered to the Town. The Town retains the right from
time to time to re-compute the amount of the escrow deposited, after
conferring with the applicant, in the event there will be a shortfall in the
escrowed funds to cover the estimated costs of the expert consulting fees
for services needed by the Town.
4) The Town of
Hancock Planning Board or Board of Appeals may, in their
sole discretion, permit an applicant to pay the expert consulting fees in
installments where the total fees are estimated to exceed $10,000,
provided that sufficient funds are always available to pay current
obligations related to the project in question. Any applicant that has been
permitted to make installment payments shall be required to make full
payment or an additional installment within five days of receipt of the
written demand of the Town where there are insufficient funds in the
escrow account to pay outstanding invoices.
5) The escrow
funds so deposited with the Town shall be paid to its expert
consultant upon submission of an invoice and approved voucher and
subject to audit in accordance with the provisions of Town Law 118
and 119. Any applicant may request to inspect said invoices and vouchers
submitted by any expert retained by the Town.
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E. Referrals to
other agencies and boards
1) The Town of
Hancock Planning Board may refer the site plan for review
and comment to local, and county officials or their designated consultants,
and to representatives of federal, state, and county agencies, including but
not limited to, the New York State Department of Transportation, the
State Department of Environmental Conservation, and the County
Department of Public Works, whichever has jurisdiction.
2) Whenever any
site plan involves real property in an area described in
Section 239-m of the General Municipal Law, said site plan shall be
referred to the Delaware County Planning Board for their review
pursuant to Section 239-m of the General Municipal Law.
F. SEQR
compliance
The applicant shall demonstrate compliance of any actions subject to the New
York State Environmental Quality Review Act (SEQR) prior to site plan
approval. The Town of Hancock Planning Board shall, after the site plan has
been accepted as complete, classify
the application according to SEQR, review the Environmental Assessment Form
(EAF) and take one of the following actions:
1) If additional information is needed to render a determination of
significance, the Town of Hancock Planning Board shall specify exactly
what the applicant needs to supply, or
2) If the
information is provided and the project is determined to have only
small to moderate impacts with little significance on the environment,
then a negative declaration may be given, or
3) If an action
has been identified as having a large and significant impact,
then a positive declaration shall be determined and a full Environmental
Impact Statement (EIS) will be provided.
The Town of
Hancock shall, for purposes of this law, consider all agriculture, mining
and forestry projects that are not classified as Type I under SEQR as Type
II ( in addition to any other Type II actions identified in SEQR).
G. Public hearing
The Town of Hancock Planning Board may, at its discretion, hold a public
hearing on the application. Said hearing shall be held within sixty-two (62)
days of receipt of the accepted site plan application. The Town of Hancock
Planning Board shall mail notice of the public hearing to the applicant at
least ten (10) days before the public hearing and shall give public notice
of said hearing in a newspaper of general circulation in the Town at least
five (5) days prior to the date of the hearing. The Town of Hancock Planning
Board may also, at its discretion in conjunction with major projects,
provide notice of such hearing to adjacent or nearby landowners by regular
mail or the posting of the property on which the action is proposed. Failure
to provide or receive such notice shall not, however, be cause to delay a
hearing or action on an application before the Town of Hancock Planning
Board.
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H. Town of
Hancock Planning Board decision
Within 62 days of receipt of the application for site plan approval or, if a
public hearing is held, within 62 days of public hearing, the Town of
Hancock Planning Board shall render a decision. In its decision the Town of
Hancock Planning Board may approve, approve with modifications or disapprove
the site plan. The time period in which the Town of Hancock Planning Board
must render its decision can be extended by mutual consent of the applicant
and the Town of Hancock Planning Board.
1) Approval. Upon
approval of the site plan, and payment by the applicant
of all fees and reimbursable costs due the Town, the Town of Hancock
Planning Board shall endorse its approval on a copy of the site plan and
shall immediately file it and a written statement of approval with the Town
Clerk. A copy of the written statement of approval shall be mailed to the
applicant by certified mail, return receipt requested.
2) Approval with
modifications. The Town of Hancock Planning Board may
conditionally approve the final site plan. A copy of written statement
containing the modifications required by the conditional approval will be
mailed to the applicant by certified mail, return receipt requested. After
adequate demonstration to the Town of Hancock Planning Board that all
conditions have been met, and payment by the applicant of all fees and
reimbursable costs due to the Town, the Town of Hancock Planning Board
shall endorse its approval on a copy of the site plan and shall immediately
fill it and a written statement of approval with the Town Clerk. A copy
of the written statement of approval shall be mailed to the applicant by
certified mail, return receipt requested.
3) Disapproval.
Upon disapproval of the site plan the decision of the Town
of Hancock Planning Board shall immediately be filed with the Town
Clerk and a copy thereof mailed to the applicant by certified mail, return
receipt requested, along with the Town of Hancock Planning Board’s
reasons for disapproval.
I. Waivers
The Town of Hancock Planning Board may waive any procedural requirements for
the approval, approval with modifications or disapproval of site plans
submitted for approval. Any such waiver, which may be subject to appropriate
conditions, may be exercised in the event any such procedural requirements
are found not to be requisite in the interest of the public health, safety
or general welfare or inappropriate to a particular site plan.
J. Guarantee of
site improvements
The Town of Hancock Planning Board may require a performance guarantee in
the event of any project where the construction of site improvements will be
phased. Such guarantee shall, in its particulars, comply with the
requirements for financial guarantees as set forth for subdivisions in
Section 277 of the New York State Law.
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4 DESIGN
STANDARDS
A. General
standards and considerations.
The Town of Hancock Planning Board’s review of the site plan shall include,
as appropriate, the following general considerations:
1) Location,
arrangement, size, design and general site compatibility of
buildings, lighting and signs.
2) Adequacy and
arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers and
traffic controls.
3) Location,
arrangement, appearance and sufficiency of off-street
parking and loading.
4) Adequacy of
storm water and drainage facilities.
5) Adequacy of
water supply and sewage disposal facilities.
6) Adequacy, type
and arrangement of trees, shrubs and other
landscaping constituting a visual and/or noise buffer between the
applicant’s and adjoining lands, including the maximum retention of
existing vegetation. The Town of Hancock Planning Board shall be
authorized to require such buffers where ever required to accomplish
these purposes.
7) Adequacy of
fire lanes and the provision of fire hydrants.
8) Adequacy and
impact of structures, roadways and landscaping in
areas with susceptibility to ponding, flooding and/or erosion.
9) Overall impact
on the neighborhood including compatibility of design
consideration.
10) Impacts on
agriculture, forestry and mining extraction, all of which are
important industries to the Town of Hancock that need to be protected.
B. Sight
distance.
All street and driveway intersections shall be kept free of vegetation and
other structures that would obstruct the vision of drivers between the
heights of 3 ½ feet to 10 feet above the average grade of each street on the
center line thereof. A minimum sight distance of 80 feet shall be available
in both directions and more where determined necessary in the site plan
review.
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C. Storm water
management.
1) No application
for site plan approval shall be reviewed until the Town of
Hancock Planning Board has received a Storm Water Pollution Prevention
Plan (SWPPP) prepared in accordance with the specifications of this local
law and as required by New York State. All proposed storm water
management improvements shall be designed and constructed in
accordance with the New York State Stormwater Management Design
Manual and New York Standards and Specifications for Erosion and
Sediment Control, provided that such practices shall maximize the use of
natural storm water management methods (e.g., grass swales) and
minimize the use of dry above-ground storm water detention facilities.
Such SWPPP shall be prepared in the manner set forth in the Town of Hancock
Subdivision Law.
2) Storm water
management system maintenance.
a) The storm
water management plan for any major residential or
non-residential project shall contain an operation and maintenance
plan prepared by the applicant and approved by the Town Engineer.
The operation and maintenance plan shall establish responsibilities
for the continued operation and maintenance of all common storm
water management improvements, which shall include all storm
water management improvements designed to serve more than a
single lot or dwelling. All such facilities associated with the
approved site plan shall be owned and maintained by a home owner’s
association (HOA) or such other entity as may be approved by the
Town of Hancock Planning Board. The HOA or other approved entity
shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which
are installed or used to achieve compliance with the requirements of
this law. Sediment shall, at a minimum be removed from sediment
traps or sediment ponds whenever their design capacity has been
reduced by fifty (50) percent.
b) Prior to
approval of any site plan where common storm water
management improvements are required, the property owner, HOA
or other approved entity shall sign and record a maintenance
agreement covering all common storm water management facilities.
The form of such maintenance agreement shall be subject to the review
and approval of the Town of Hancock Planning Board, Town of
Hancock Town Board and Town Attorney.
c) Storm water
detention and retention basins or facilities shall be
inspected by a registered professional engineer licensed in the State
of New York on behalf of the applicant or responsible entity on the
following basis:
i) Annually for the first five (5) years.
ii) Once every three (3) years thereafter.
iii) During or immediately after the cessation of a 100-year or greater
storm event.
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The professional
engineer conducting the inspection shall be required to
submit a written report to the HOA or other approved entity, with a copy
to the Town of Hancock Building Department, within one (1) month
following completion of the inspection. The report will present
documentation
and include pictures regarding the condition of the facility and recommend
necessary repairs, if needed. Any needed repairs shall be implemented by the
HOA or other approved entity within three (3) months of the report issuance
date.
d) No person
shall allow, or cause to allow, storm water discharges into the
Town’s separate storm sewer system that are not composed entirely of
storm water, discharges from fire fighting, water from foundation drains,
flows from natural sources and flows from other similar uncontaminated
sources.
e) The Town of
Hancock Planning Board may require that a site plan include
a set of Best Management Practices (BMP’s) which the owner of any
individual lot must choose in implementing storm water management
measures in conjunction with property development. Such BMP’s shall
be fully specified in the subdivision plans and imposed by restrictive
deed covenant making reference to such plans. No person shall modify,
remove, fill, landscape or alter any such on-lot storm water management
improvements or drainage easement, unless it is part of an approved
maintenance program, without the written approval of the HOA or other
approved entity.
f) All
requirements of the State of New York for Storm Water Pollution
Prevention Plans (SWPPP’s) are incorporated herein by reference and
shall apply in addition to the above standards.
D. Lot
development standards.
1) Lot Standards.
The following development standards shall apply to all new lots hereafter
created in the Town of Hancock for purposes of placing principal
structures or uses:
Table 1 – Lot Development Standards
Development
Residential Non-Residential
Standards (Per Unit) Uses
Minimum Log Area:
1.0 acre 1.0 acre
Maximum Dwellings per acre 1.0 N/A
Minimum Lot Frontage 150 feet 150 feet
Minimum Average Lot width/depth 150 feet 150 feet
Maximum Lot Coverage 25% 50%
Minimum Side/Rear Yard 25 feet 25 feet
Front Yard(measured from centerline) 35 feet 50 feet
Maximum Building Height 35 feet 45 feet
Accessory Structure Setback 10 feet side/rear yard 10 feet side/rear yards
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2) Yard
Standards.
a) Rear and side yards.
On a corner lot, front yards are required on both street frontages,
and one yard other than the front yard shall be deemed to be a
rear yard and the other or others, side yards.
b) Side yard with
may be varied.
Where the side wall of a building is not parallel with the side lot
line is broken or otherwise irregular, the side yard may be varied.
In such case, the average width of the side yard shall not be less
than the otherwise required minimum width; provided, however,
that such yard shall not be narrower at any point than ½ of the
otherwise required minimum width.
c) Front yard
exception.
When an unimproved lot is situated between two improved lots, each having a
principal building within twenty-five (25) feet of any
side lot line of such unimproved lot, the front yard may be reduced
to the greatest depth of the front yard of the two adjoining
improved lots but shall be not less than ten (10) feet.
3) Height
exceptions.
a) Water towers, chimneys, smokestacks, flagpoles, communication
towers, masts and aerials, and heating, ventilation, air-conditioning
and other accessory utilities shall be exempted from height
restrictions except as specifically regulated herein.
b) Farm buildings
and structures on farms, e.g., silos, are excluded.
4) Accessory
structures.
Accessory structures may be placed in side or rear yards only but shall not
be placed with ten (10) feet of any property line. No accessory structure
shall be placed in the required front yard. Accessory structures shall not
cover more than 25% of the required rear yard. Retired storage, trailers or
containers may not be employed as accessory structures.
E. Parking and
loading standards.
Any proposed use within the Town of Hancock shall provide sufficient parking
to accommodate the traffic generated by the proposed use and associated
on-site traffic improvements that are deemed necessary to mitigate potential
impacts on the level of service on public roads in the vicinity of the
proposed development. The following specific requirements shall be followed:
1) Off-street
parking, loading and unloading facilities shall be provided in
connection with every use and be located on the same lot as the use to
which they are accessory. Parking needs with respect to all uses shall be
determined in conjunction with site plan review. The amount of parking
required shall be based on the following factors:
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2) The Town of Hancock Planning Board shall use the following specific off-
street parking requirement standards for the specific land uses listed
below:
Table 2 – General
Off-Street Parking Standards
Use Parking
Standard
One and two-family home 2 spaces per dwelling unit
Commercial uses 1 space per 250 sq. ft. floor area
Home-occupations 2 spaces, plus required residential spaces
Hotels/motels 1 space per rental room
Industrial uses 1 space per 400 sq. ft. floor area
Places of public assembly 1 space per 5 seats
Offices 1 space per 300 sq. ft. floor area
Restaurants 1 space per 50 sq. ft. floor area
Vacation Rental Cabin 2 spaces per cabin
Vehicle service establishments 4 spaces plus 1 per employee
3) For uses not
specifically listed above, the Planning Board may require the
applicant to provide industry studies of parking needs for the type of use
proposed or actual case-study comparisons for projects of similar
character.
4) The Planning
Board shall also take into consideration recommendations
from other public agencies which suggest, based on experience, the
appropriate amount of parking required in connection with a given use.
5) The Planning
Board may allow for a reduction in the amount of parking
on a given site where the applicant can document that the shared parking
arrangement will meet the parking needs of the proposed use without
causing any parking shortage.
6) Any building
erected, converted or enlarged for commercial, office,
manufacturing, wholesale, institutional or similar uses shall, in addition
to
the off-street parking spaces required above, shall provide adequate
off-street areas for loading and unloading of vehicles. Public rights-of-way
shall, under no circumstance, be used for loading or unloading of materials.
The minimum size loading space shall be sixty (60) feet in depth and twelve
(12) feet in width, with an overhead clearance of fourteen (14) feet. It
shall be accessible by driving in and not require backing in from off the
public right-of-way.
F. Lighting of
non-residential properties.
Lighting shall be designed, directed and shielded in such a manner that
direct light does not leave the perimeter of the site. All outdoor lighting,
including the fixture, pole, and other supporting elements, shall be
designed to complement the overall design of the site and prevent excessive
glare. Lower level lighting should be used where possible. The following
additional standards shall be required.
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1) All lighting shall be designed so as to avoid unnecessary or unsafe
spillover of light and glare onto operators of motor vehicles, pedestrians
and land uses in proximity to the light source.
2) Timing
mechanisms and photo cells to reduce light levels and conserve
energy during non-operational hours.
3) Light that is
mounted on the building shall also be down-lit and
integrated as an architectural component of the building.
4) Light pole
heights shall not exceed building heights and none shall
exceed twenty-five (25) feet in height.
5) Low pressure
or high pressure sodium lights, metal halide, florescent
and compact florescent lights are encouraged. All lighting over 2,000
lumens in strength shall meet the full cut-off standard of the Illuminating
Engineering Society of North America (IESNA).
6) All pole
mounted lighting shall have a full cut-off lens that does not allow
light to shine above a 90 degree angle measured from the vertical line
from the center of the lamp.
7) Globe lights
shall not be permitted.
8) All gasoline
canopy lighting shall be fully recessed and the maximum
light level under the vehicular canopy shall not exceed twenty (20)
horizontal maintained food candles.
9) Any lighting
used to illuminate any off-street parking shall be so shielded
as to deflect the light away from adjoining premises and public right-of-
ways and avoid light spillage onto adjacent properties.
G. Noise
1) Proposed new land uses subject to this Law shall not generate cumulative
sound levels (SPL), at or beyond any lot line, that exceeds the ambient
noise level by 10 or more decibels (dBA). Any sound of 5 to 10 decibels
above the ambient noise level shall be attenuated or mitigated to the
maximum degree practical, as shall be determined by the Planning Board
during Site Plan Review. The Planning Board may, as a condition of Site
Plan Review and approval, require additional set-backs, buffers and
fencing, or reasonable limit the hours of operation to attenuate or mitigate
any potential noise impacts of any proposed use.
2) The
determination of noise levels shall be made using New York State
Department of Environmental Conservation guidelines (see Assessing
and Mitigating Noise Impacts Program Policy), as amended. The increase
in ambient noise level shall be determined for all lot lines at the site
where
the project is to take place and any other locations as shall be specified
by
the Planning Board, taking into account existing noise generators.
Page 14 of 35
3) The maximum permissible sound levels of this section shall not apply to
emergency or security alarms, repair or construction work to provide
public utilities, construction operations between the hours of 7:00 AM and
7:00 PM, emergency repairs, agricultural activities, forestry activities
and/or sawmills, mining activities (except stationary off-site equipment),
residential land uses, motor vehicles when used on public streets in accord
with state regulations, aircraft, government authorized public celebrations,
unamplified human voices or routine ringing of bells or chimes by a place
of worship or similar facility.
H. Access
Access to and
from non-residential off-street parking, loading and vehicle service areas
along public right-of-way (excluding activities exempted from this Law)
shall consist of well defined separate or common entrances and exits and
shall comply with the following provisions:
1) All access
drives shall be subject to the requirement of obtaining a
driveway permit from the Town of Hancock Highway Superintendent,
the Delaware County Department of Public Works or the New York State
Department of Transportation, as the case may be, and approval of any
permits here-under may be conditioned upon the application for and/or
receipt of such permits from these authorities.
2) Each entrance
and exit shall be clearly defined with curbing, fencing or
vegetative screening so as to prevent access to the area from other than the
defined entrance and exits.
3) No driveway
center line shall intersect a street line less than 100 feet from
the intersection of any two street lines, including intersections on the
opposite side of the street.
4) The maximum
grade for new driveways shall not exceed 15%. All
driveways shall have a negative 2% grade within 50 feet of the center line
of the street, or within 25 feet of the property line of the street,
whichever
distance is greater.
5) The Planning
Board, at its discretion, may require a traffic impact study by
an independent engineer with any Site Plan review application hereunder
involving an activity likely to generate more than five-hundred (500)
trip-ends per day or create specific traffic issues. The study shall examine
existing and projected traffic flows before and after development and
generally follow the guidelines set forth for such studies by the Institute
of Transportation Engineers. Its purpose shall be to ensure that proposed
developments do not adversely affect the transportation network and to
identify any traffic problems associated with access to the site from the
network. It shall identify solutions to potential problems and any
improvements needed. The scope of the study shall be approved in
advance by the Planning Board. This requirement shall apply in the case
of County or State, as well as Town roads.
Page 15 of 35
I Lake and Stream
Protection
1) Construction in those areas designated on the Federal Emergency
Management Agency’s Flood Insurance Rate Map as areas of special
flood hazard, as defined by the one hundred (100) year floodplain
boundary, shall be avoided or minimized. Disturbed areas shall be
properly stabilized to prevent future damage from storms, heavy runoff
and flooding. Any development within Flood Hazard Areas shall be
subject to the standards outlined in the Town’s Floodplain Prevention
Law.
2) No alteration
of watercourses, whether by excavation, filling, grading,
cleaning, draining, or otherwise, shall be made that affects the water
1evels or flow of such watercourses without review as to the affect of
such alteration and any related facilities on water recharge areas, water
table levels, water pollution, aquatic animal and plant life, temperature
change, drainage, flooding, runoff and erosion. This review and approval
of such alteration shall be made by the Planning Board in consultation
with Delaware County and the DEC. Where the applicant must obtain a
stream disturbance or discharge permit from the DEC, Planning Board
approval shall be conditional on the DEC’s permit approval.
3) Any project
offering dwelling units with lake or waterfront access on
Basket Pond, Delaware Lake, Pierce Pond, Sand Pond and Somerset Lake
shall be limited to providing a maximum of one dwelling of one (1)
dwelling unit per two-hundred (200) lineal feet of waterfront at the high
mark, whichever shall be less. This shall not require every dwelling unit
to front water to receive lake or waterfront rights but the averages shall
be met as a minimum. Also, any new individual lake or waterfront access
intended for the use of more than one dwelling shall be a minimum of
two-hundred (200) lineal feet in width. These provisions shall be applied
cumulatively such that calculations with respect to any new project
providing access particular lake or waterfront must all incorporate
previous projects offering access rights to the same body of water.
Notwithstanding this requirement, however, any owner of a parcel with
actual lake frontage waterfront shall be permitted to grant lake or
waterfront rights for up to one (1) dwelling unit or the equivalent per
two-hundred (200) lineal feet of such frontage.
4) Any project
regulated by this Law that is proposed within the Upper
Delaware Scenic and Recreational River corridor, as defined in the River
Management Plan, shall be reviewed for consistency with the Land
and Water Use Guidelines contained therein, provided the Town of
Hancock Planning Board shall be solely responsible for assessing such
consistency and determining any site plan modifications that may be
appropriate to address such criteria.
J Wind Energy
Facilities
1) No wind energy facility shall be constructed, reconstructed, modified, or
operated in the Town of Hancock except by first obtaining a Wind Energy
Facility Permit as provided under this law. No permit or other approval
Page 16 of 35
shall be required under this law for mechanical, non-electrical wind
turbine utilized solely for agricultural operations. Replacement in-kind
or modification of a wind energy facility may occur without Planning
Board approval when there shall be no increase in total height or other
substantial alteration of the appearance or operation of the facility.
2) As used in
this section, the following terms shall have the meanings
indicated:
WIND TURBINE – A
wind energy conversion system consisting of a
wind turbine, a tower, and associated control or conversion electronics,
which has a rated capacity of more than 100 kW and which is intended
to produce power for distribution on the utility grid.
WIND TURBINE
(SMALL) – A wind energy conversion system
consisting of a wind turbine, a tower, and associated control or conversion
electronics, which has a rated capacity of not more than 100 kW and
which is intended primarily to reduce consumption of utility power at
that location.
WIND ENERGY
FACILITY – Any wind turbine, small wind turbine or
wind measurement tower or combinations of these, including all related
infrastructure, electrical lines and substations, access roads and accessory
structures.
3) A complete
application and site plan for a wind energy facility shall
include, in addition to other applicable site plan requirements, the
following:
a) Location,
approximate dimensions and types of major existing
structures and uses on the site, public roads, and adjoining
properties within 500 feet of the boundaries of any proposed wind
turbines, or 1 ½ times the total height of such wind turbines,
whichever shall be greater.
b) Location and
elevation of each proposed wind turbine. This shall
include a vertical drawing of wind turbines showing total height,
turbine dimensions, tower and turbine colors, ladders, distance
between ground and lowest point of any blade, location of
climbing pegs, and access doors.
c) Location of
all above and below ground utility lines on the site as
well as transformers, the interconnection point with transmission
lines, and other ancillary facilities or structures.
d) Locations of
buffers as required by this law.
e) All proposed
facilities, including access roads, electrical
substations, storage or maintenance units, and fencing.
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f) A lighting plan showing any FAA-required lighting and other
proposed lighting.
g) A
decommissioning plan that addresses the anticipated life of the
wind turbine, the estimated decommissioning costs, the method of
ensuring funds shall be available for decommissioning and
restoration, the method by which decommissioning cost shall be
kept current, and the manner in which the wind turbine shall be
decommissioned and the site restored, less any fencing or residual
minor improvements requested by the landowner.
h) A complaint
resolution process to address complaints from nearby
residents. The process may use an independent mediator or
arbitrator and shall include a time limit for action on a complaint.
The applicant shall make every reasonable effort to resolve any
complaint.
i) A study of
potential shadow flicker, including locations where this
may be caused, the expected durations of the flicker at these
locations and potential impacts on other properties. The study
shall describe measures to be taken to eliminate or mitigate any
such impacts.
j) A visual
impact study of the proposed wind turbines as installed,
which may include a computerized photographic simulation and
digital elevation modes demonstrating visual impacts from
strategic vantage points.
k) A fire
protection and emergency response plan, created in
consultation with the fire department(s) having jurisdiction
over the proposed site, as well as Delaware County Emergency
Services.
l) A noise
analysis by a competent acoustical consultant
documenting the noise levels associated with the proposed wind
turbine, existing noise levels at site property lines and at the
nearest residence not on the site. The noise analysis shall include
low frequency noise. The applicant shall also submit plans for
post-development noise monitoring.
m) An assessment
of potential electromagnetic interference with
microwave, radio television, person communication systems
and other wireless communication.
n) An assessment
of the impact of the proposed development on the
local flora and fauna, including migratory and resident avian
species.
Page 18of 35
4) The following standards shall apply to wind energy facilities in the Town
of Hancock, unless specifically waived by the Planning Board.
a) All power
transmission lines from the tower to any building or
other structure shall be located underground to the maximum
extent practicable.
b) No television,
radio or other communication antennas may be
affixed or otherwise made part of any wind turbine, except with
approval by the Town of Hancock Planning Board.
c) No advertising
signs are allowed on any part of the wind energy
facility, including fencing and support structures.
d) No tower shall
be lit except to comply with Federal Aviation
Administration (FAA) requirements. Minimum security lighting
for ground level facilities shall be allowed as approved on the wind
energy facility development plan.
e) All applicants
shall use measures to reduce the visual impact of
wind turbines to the extent possible. Wind turbines shall use
tubular towers. All structures in a project shall be finished in a
single, non-reflective matte finished color or a camouflage
scheme.
f) No wind
turbine shall be installed in any location where it
proximity with existing fixed broadcast, retransmission, or
reception antenna for radio, television, or wireless phone or
other communication systems would produce electromagnetic
interference with signal transmission or reception. If it is
determined a wind turbine is causing electromagnetic interference,
the operator shall take necessary corrective action to eliminate this
interference including relocation or removal of the facilities, or
resolution of issues with the affected parties. Failure to remedy
electromagnetic interference is grounds for revocation of site
plan review approval for the specific wind turbine or wind
turbines causing the interference.
g) Wind turbines
shall be designed to minimize the impacts of land
clearing and the loss of important open spaces. Development on
agricultural lands shall follow the Guidelines for Agricultural
Mitigation for Windpower Projects published by the State
Department of Agriculture and Markets, to the maximum extent
practicable.
h) Wind turbines
shall be located in a manner that minimizes
significant negative impacts on rare animal species in the vicinity.
i) No shadow
flicker shall be permitted on any off-site residences.
Page 19 of 35
j) All wind turbines shall have an automatic braking, governing
or feathering system to prevent uncontrolled rotation, overspeeding
and excessive pressure on the tower structure, rotor blades and
turbine components.
k) Wind energy
facilities shall be gated or fenced to prevent
unrestricted public access to the facilities and reduce any
attractive nuisance aspects of the use.
l) Warning signs
shall be posted at the entrances to the wind energy
facility and at base of each tower warning of electrical shock or
high voltage and containing emergency contact information.
m) No climbing
pegs or tower ladders shall be located closer than
15 feet to the ground level at the base of the structure for
freestanding single pole or guyed towers. The minimum distance
between the ground and any part of the rotor or blade system shall
be 30 feet.
n) Construction
and delivery vehicles for wind turbines and/or
associated facilities shall propose, and the Planning Board shall
approve or modify, designated traffic routes to minimize traffic
impacts from construction and delivery vehicles, wear and tear on
local roads and impacts on local business operations. The
applicant shall be responsible for remediation of damaged roads
upon completion of the installation or maintenance of a wind
turbine. A financial guarantee may be required by the Planning
Board for this purpose.
o) Each wind
turbine shall be set back a distance of 500 feet or 1 ½
times the total height of the largest wind turbine, whichever shall
be greater, from any public road, off-site residence, lodging
facility, public building, church and other institution. No wind
turbine shall be located within its own total height of a site
boundary line.
p) The
statistical sound pressure level generated by a wind turbine
shall not exceed L10 – 30 dBA measured at the property line.
Independent verification by an acoustical engineer certified with
the Institute of Noise Control Engineering shall be provided before
and after construction demonstrating compliance with this
requirement. Should the ambient noise level (exclusive of the
development in question) exceeds this standard, the applicable
standard shall be ambient dBA plus 5 dBA. The ambient noise
level shall be expressed in terms of the highest whole number sound pressure
level in dBA, which is exceeded for more than six
(6) minutes per
hour. Ambient noise level measurements shall be
performed when wind velocities at the proposed project site are
sufficient to allow wind turbine operation.
Page 20 of 35
q) An applicant may, with approval from the Planning Board, meet
noise and setback standards by obtaining written consents from
affected property owners stating they are aware of the wind energy
facility and the noise and/or setback limitations imposed by this
law, and that consent is granted to allow noise levels to exceed the
maximum limits provided herein or reduce setbacks to less than
required. Such consents shall be in the form required for
easements and be recorded in the County Clerk’s Office describing
the benefited and burdened properties. Such easements shall be
permanent and shall state that they may not be revoked without the
consent of the Planning Board, which consent shall be granted
upon either the decommissioning of the benefited wind turbine in
accordance with this law, or the acquisition of the burdened parcel
by the owner of the benefited parcel or the wind turbine. No such
easement shall permit noise levels at any other location within or
outside the areas prescribed to exceed the limitations of this law.
5) If any wind
turbine remains non-functional or inoperative for a continuous
period of 24 months, the applicant shall remove said system at its own
expense following the requirements of the decommissioning plan.
Removal of the system shall include at least the entire above ground
structure, including transmission equipment and fencing, from the
property. This provision shall not apply if the applicant demonstrates
to the Town that it has been making good faith efforts to restore the wind
turbine to an operable condition, but nothing in this provision shall limit
the Town’s ability to order a remedial action plan after public hearing.
The applicant, or successors, shall continuously maintain a fund or bond
payable to the Town, in a form approved by the Town for the removal of
non-functional towers and appurtenant facilities, in an amount to be
determined by the Town, for the period of the life of the facility. This
fund may consist of a letter of credit from a State of New York licensed-
financial institution. All costs of the financial security shall be borne by
the applicant. All decommissioning bond requirements shall be fully
described in the decommissioning plan.
6) The applicant
shall, if required by the Planning Board, fund periodic noise
testing by a qualified independent third-party acoustical measurement
consultant, which may be required as often as biannually, or more
frequently upon request of the Planning Board in response to complaints
by neighbors.
7) A wind turbine
shall be maintained in operational condition at all times,
subject to reasonable maintenance and repair outages. Operational
condition includes meeting all noise requirements and other permit
conditions. Should a wind turbine become inoperable, or should any part
of the wind turbine be damaged, or should a wind turbine violate a permit
condition, the owner or operator shall remedy the situation within 90 days
after written notice from the Planning Board. Should a wind turbine not
be repaired or made operational or brought into permit compliance after
said notice, the Town may after a public meeting at which the operator or
Page 21 of 35
owner shall be given opportunity to be heard and present evidence, including
a plan to come into compliance, order either remedial action
within a particular timeframe, or order revocation of the site plan review
approval for the wind turbine and require its removal within 90 days. If
the wind turbine is not removed, the Planning Board shall have the right to
use the security posted as part of the decommission plan to remove the wind
turbine.
8) Installation
of wind measurement towers, also know as anemometer
towers, shall be permitted, upon site plan review approval, to determine
the wind speeds and feasibility of using particular sites. The distance
between a wind measurement tower and the property line shall be at
least 1 ½ times the total height of the tower. Approvals for wind
measurement towers shall be issued for a period of two years and shall
be renewable upon application to the Planning Board. Application and
development standards as set forth above for wind energy facilities shall
be applied to the maximum extend practicable, as determined by the
Planning Board, recognizing the temporary nature of wind measurement
towers.
9) The Planning
Board is hereby authorized to approve, approve with
conditions, or disapprove small wind turbine applications designed for
residential, institutional and business use on the same parcel. Such
applications shall be processed in the same manner as those prescribed
above for all wind energy facilities, but may be appropriately modified
by the Planning Board to reflect the scale of the proposed facility. All
small wind turbine shall comply with the following standards and, to the
maximum extent practicable, with all other requirements of this law not
in conflict herewith:
a) A system shall
be located on a lot a minimum of one acre in size;
however, this requirement can be met by multiple owners
submitting a joint application.
b) Only one small
wind turbine per legal lot shall be allowed, unless
there are multiple applicants, in which their join lots shall be
treated as one site for purposes of this law.
c) Small wind
turbines shall be used primarily to reduce on-site
consumption of electricity.
d) Total heights
shall be a maximum of 100 feet on parcels between
one and five acres and 150 feet or less on parcels of five or more
acres.
e) The maximum
turbine power output is limited to 100kW.
f) Tower-climbing
apparatus shall be located no closer than 12 feet
from the ground, a locked anti-climb devise shall be installed on
the tower or a locked, protective fence of at least six feet in
Page 22 of 35
height that
encloses the tower shall be installed to restrict tower
access.
g) Anchor points
for any guy wires for a system tower shall be
located on and not on or across any above-ground electric
transmission or distribution lines. The point of attachment for the
guy wires shall be enclosed by a fence six feet high or sheathed in
bright orange or yellow covering from three to eight feet above
the ground.
K. Multi-Family
Dwellings and Townhouses
1) New
multi-family dwelling and townhouse developments shall be
considered major subdivisions. This “major subdivision” classification
shall apply to all subdivisions of property in connection with the
development, regardless of whether or not the same are connected with
building development, and the approvals required shall be requested and
acted upon concurrently as one subdivision. Application for preliminary
approval of multi-family or townhouse projects, accordingly, will be
made to the Planning Board in the manner provided under the Town of
Hancock Subdivision Law. The subdivider shall also submit all
information required by such Regulations plus the following additional
data;
a) An application
for site plan approval and a brief from the
developer or his or her representative indicating how the
development will specifically comply with or meet the criteria
set forth herein.
b) A proposed
plot plan showing the approximate locations of all
buildings and improvements including parking areas, landscaped
areas, signs, storm drainage facilities, water supply, sewage
treatment and collection systems and the specific areas provided
as open space in connection with the requirements of this Law.
Building layouts, floor plans and profiles shall also be provided
indicating building dimensions, numbers, and sizes of units,
common ownership or use area (apart from the open space
referenced below), lighting and such other information as shall be
required to determine compliance with the design standards
contained herein and any other building standards that may be
applicable in the Town of Hancock. Setbacks from property lines,
improvements and other buildings shall also be indicated.
c) A schedule or
plan and proposed agreement(s) either with the
Town or a home owners’ association for the purpose of dedicating,
in perpetuity, the use and/or ownership of the recreation area and
open space required by this Law to the prospective dwelling
owners or occupants. Such agreement may be incorporated in the
applicant’s proposed covenants and restrictions, but shall in any
event, provide to the satisfaction of the Town that maintenance and
use of the property, regardless of ownership, be restricted to either;
Page 23 of 35
(1) activities intended for the sole benefit of the occupants of the
particular project proposed or, (2) permanent open space as
hereinafter provided.
2) The Planning
Board shall act on the Preliminary Development Plan and
Site Plan application concurrently provided an Environmental Assessment
is also conducted pursuant to the New York State Environmental Quality
Review Act. No building permit shall be issued to the applicant, however,
until all conditions attached to the approval of an Preliminary
Development Plan, shall have been satisfied and nothing herein shall be
constructed as permitting the issuance of a building permit prior to
Preliminary approval and the filing of financial guarantee as required.
This requirement notwithstanding, the building permit application shall
be made with the Development Plan and shall, if granted, be valid for a
period equal to that for Preliminary Development Plan approval. If the
Preliminary Development Plan shall be rejected no building permit shall
be granted.
3) Following
Preliminary Plan approval, the developer shall provide for the
installation of required or proposed improvements including but not
limited to streets, parking areas, storm drainage facilities, recreational
facilities and lighting. Building improvements shall similarly be
completed or guaranteed prior to the applicant’s request for Final
Development Plan approval. No Certificate of Occupancy shall, however,
be issued until such time as; (1) Final Development Plan approval shall
have been granted in accordance with the procedures and requirements
of this Law and (2) buildings have been completed and inspected by the
Town Code Enforcement Officer.
4) Complete final
building plans shall also be submitted as part of the
Final Development Plan Application.
5) No person
shall sell, transfer, lease or agree or enter into an agreement to
sell or lease any land and/or buildings or interests in the individual
dwelling units to be created, or erect any building thereon except in accord
with the provisions of this Law, unless and until Final Development Plan
approval shall have been granted (unless the improvements shall have
been guaranteed), and the Plan has been recorded in the Office of the
Delaware County Clerk.
6) Multi-family
dwelling density shall be limited to the same number of
dwelling units per acre that would be permitted if the parcel on which the
units are to be constructed were to be developed for one-family residential
use. Density shall be calculated by taking the total acreage of the
development and deducting the following acreages;
a) Land contained
within public rights-of-way;
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b) Land contained
within the rights-of-way of existing or
proposed private streets (where formal rights-of-way are not
involved, the width shall be assumed to be twenty-five (25)
feet);
c) Land contained
within the boundaries of easements previously
granted to public utility corporations providing electrical or
telephone service;
d) All wetlands,
floodplains, slopes of 25% or greater grade, water
bodies and other undevelopable areas (unless such areas are used
for some active recreational purpose such as trails or employed
for some other development purpose such as a stormwater
detention area); and dividing by the number of proposed units.
7) All areas of a
multi-family or townhouse development not conveyed to individual
owners; and not occupied by buildings and required or proposed improvements
shall remain as permanent open space or be dedicated to recreation area to
be
used for the sole benefit and enjoyment of the residents of the particular
units
being proposed. No less than 50% of the tract shall be used for this purpose
and
fees in lieu of dedication may not be substituted for such space. Such open
space
shall be subject to the following regulations:
a) No less than
50% of the open space to be provided (25% of the total tract)
shall be dedicated to recreational area for the sole benefit and enjoyment
of the residents of the particular units proposed. Recreation areas (as
distinct from other open space) shall be immediately adjacent (part of the
same parcel and contiguous) to the proposed units and freely and safely
accessible to all residents of the development. They shall not be used to
fulfill open space requirements or provide recreational areas for residents
of other units, excepting as provided for in sub-section (2) below. They
shall be useable for active recreational activities and shall not include
wetlands, quarries, slopes over 15% in grade, water bodies or acreage used
for improvements such as storm drainage facilities or sewage effluent
disposal areas.
b) Land
designated as open space shall be permanently maintained as such
and not be separately sold, used to meet open space or recreation are
requirements for other developments, subdivided or developed excepting
that a holding zone may be reserved for future development pursuant to
density and other requirements as they presently exist, provided such lands
are specifically defined and indicated as “reserved for future
development” on all Development Plans. Such lands shall not be included
in calculating permitted density for the proposed development. These
provisions, however shall not be construed as granting or reserving to the
developer any rights or privileges to develop on the basis of a “pre-
approved plan” if density or other requirements shall have been modified
to preclude such development.
Page 25 of 35
c) Open space
areas shall be permanently maintained so that their use
and enjoyment as open space are not diminished or destroyed. Such
areas may be owned, preserved and maintained by dedication to a
property owners association which assumes full responsibility for
maintenance of the open space and/or deed-restricted private
ownership which shall prevent development of the open space, provide
for its maintenance and protect the rights of owners or occupants of
dwelling units to use and enjoy, in perpetuity, such portion of the open
space as shall have been dedicated to recreation area for the project.
This is intended to allow the owner/developer to retain ownership and use
of a portion of the property (for hunting, fishing, etc) provided the
permanence of the open space is guaranteed.
d) Whichever
maintenance mechanism(s) is used, the developer shall
provide, to the satisfaction of the Town Attorney and prior to the
granting of any Final Development Plan approval for the perpetual
maintenance of the open space and also the use and enjoyment of the
recreation area by residents of the units being approved. No lots shall be
sold nor shall any building be occupied until and unless such arrangements
or agreements have been finalized and recorded.
e) Developments
of fifty (50) units or more shall provide one-half acre of
playground area per fifty (50) units unless restricted to adult occupancy
only.
8) All
multi-family developments shall be served with central sewage facilities and
water supplies. Effluent disposal areas shall also be subject to the setback
requirements applicable to other multi-family buildings and structures as a
minimum.
9) The following
design criteria shall apply to multi-family developments:
a) There shall be
no more than ten (10) dwellings in each multi-
family building.
b) No structure
shall be constructed within twenty-five feet of the edge of
any access road to or through the development or within ten (10) feet of
the edge of any parking area.
c) Access roads
through the development shall comply with minor street
requirements of the Subdivision Law and no parking space shall be
designed such that a vehicle would be backing or driving out onto a
thorough road. Instead, there shall be a defined entrance and exit to and
from each parking area.
d) Access and
egress from the proposed development shall be to a public
road and a traffic engineering study shall be an integral part of the site
plan application. Such entrances and exits shall be at least one hundred
(100) feet from any intersection and shall have at least three hundred
(300) feet of sight distance in both directions.
Page 26 of 35
e) Parking spaces
of two (2) per unit shall be provided plus, for every two
(2) units intended for rental or other transient occupancy, one additional
space to accommodate parking needs during sales and other peak
visitation periods.
f) No more than
sixty (60) parking spaces shall be provided in one lot, nor
more than fifteen (15) parking spaces in a continuous row without being
interrupted by landscaping. All off-street parking shall be adequately
lighted and so arranged as to direct lighting away from residences.
g) No structure
shall be erected within a distance equal to its own height of
any other structure.
h) All electrical
and other utilities shall be placed underground and buried
to a depth determined by the Town Engineer as sufficient for safety
purposes.
i) Walks shall be
provided throughout the development area to ensure that
roads shall not be required for pedestrian circulation.
j) The side yard
applicable to a multi-family structure shall be increased by
five (5) for each dwelling unit over four (4) within the structure.
k) A landscaping
plan shall be submitted and be subject to approval of the
Planning Board.
10) Maintenance
of a multi-family project shall be vested in (1) an association or
other legal entity organized prior to the offering of the first unit for
occupancy,
or (2) a manger, who may be the developer, or a person designated by the
developer before the developer offers a unit for occupancy, or (3) the
owners or
occupants of units themselves if the total number of owners or occupants
within
the development is not more than five (5). If the developer shall opt to
manage
the project or designate a manger, the preliminary application shall include
financial statements, a description of previous management experience and
other
date sufficient for the Planning Board to ascertain the financial
responsibility of
the manager.
11) The
association or manager, as the case may be, shall be responsible for
maintenance, repair and replacement of the common areas of the development
including buildings and, if applicable, the furniture, fixtures and
equipment within
the units. The project instruments shall specify the expenses that the
maintenance
organization may incur and collect from purchasers as a maintenance fee and
secure maintenance of the project and enforcement of applicable covenants
and
restrictions in perpetuity. The Planning Board may require that a Certified
Public
Accountant review such financial data to determine proposed fees are, in
fact,
adequate to secure maintenance on a continuing basis.
12) The developer
shall, in filing a Preliminary Development Plan, provide a narrative
description of how responsibility for maintenance and care of the units and
common areas will be assured and a pro forma operating budget for the
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maintenance organization including a breakdown of the common expense to be
borne by the maintenance organization and a separation of long-term
maintenance costs for on-going routine maintenance costs. A narrative
description of how the developer proposes to assure maintenance of the units
and
common facilities during any sales program shall also be provided. The
Planning Board may require additional temporary facilities to accommodate
service demands. Copies of all applicable instruments shall be provided, to
determining that the developer has in fact, made long-term arrangements for
maintenance of common facilities.
13) Any developer
who proposed to construct multi-family dwellings and convey
the common elements of said multi-family dwelling project, including
recreation areas, to an association of purchasers of units therein shall
submit a
maintenance bond or other performance guarantee acceptable to the Town Board
and Town Attorney ensuring long-term maintenance and repair of said common
elements. Such maintenance bond or other guarantee shall;
a) Be for a
period of not less than fifteen (15) years from the date of the final
approval of said multi-family dwelling-transient use by the Town;
b) Be in an
amount equal to the amount collected or to be collected for long-
term maintenance (as indicated in the budget referenced above) by the
developer or other responsible parties from each purchaser during the first
year after sales to such purchases begin, multiplied by the total number of
expected purchasers.
14) If the
development shall be subject to the New York State statues governing the
sale of real property used for multi-family or townhouse occupancy, the
developer
shall certify as to his or her compliance with said statutes. To the extent
the
provisions of such statutes conflict with this sub-section such
certification shall
suffice as to conformance with these requirements.
15) Conversions
of existing structures to multi-family dwelling or townhouse use
(regardless of whether such conversions involve structural alterations)shall
be
considered subdivisions and moreover, be subject to the provisions of this
Law.
Motels and hotels, however, shall not be converted to multi-family
residential
or townhouse use. If the proposed project does involve structural
alterations,
the Preliminary Development Plan shall include a certification of a
registered
architect or engineer to the effect that the existing building is
structurally sound
and that the proposed conversion will not impair structural soundness.
However,
the conversion of an existing one-family detached dwelling or single family
semi-detached dwelling into not more than three (3) residential units shall
be
exempt from these requirements, unless such units are intended to be a
condominium. This shall not, however, exempt an owner from any requirements
of the State Building Code as they may pertain to such activities.
L. Manufactured
Housing
Manufactured homes and manufactured home parks shall be subject to the
following standards and review criteria.
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1) Manufactured homes shall be permitted within manufactured home parks
and in the same locations as other single-family residences, subject to the
standards below.
2) Standards
applicable to individual manufactured homes.
a) A manufactured
home may be placed in the Town only after
obtaining a manufactured home/building permit and shall require
a Certificate of Occupancy before initial occupancy.
b) Manufactured
homes located outside of manufactured home parks
shall comply with all area and bulk requirements that apply to
one-family houses.
c) All
manufactured homes shall be connected to an adequate supply
of potable water; shall be connected to a community wastewater
system or septic system constructed to all State and local
requirements; and shall be connected to all applicable utilities
including but not limited to electric power, telephone, propane gas
and fuel oil. All the foregoing connections or services shall be
provided to the manufactured home within ninety (90) days of
permit issuance for placement of the home.
d) All
manufactured homes hereafter erected in the Town shall be
Underwriter Laboratory certified; and bear the seal of the U.S.
Department of Housing and Urban Development. The Board of
Appeals may waive this requirement for just cause and attach
conditions to protect public health and safety.
e) All
manufactured homes shall have peaked roofs, with a minimum
pitch of three (3) feet vertical to twelve (12) feet horizontal.
f) Manufactured
homes, outside of manufactured home parks, shall
be installed on a load-bearing foundation complete with footings,
such as a crawl space or full basement meeting New York State
building code standards.
g) Structure
frames of manufactured home must be securely attached
to the foundation as provided by New York State building code
standards.
h) Permanent
steps and hand rails shall be constructed at all access
points of the manufactured home to ensure a safe means of ingress/
egress into the dwelling unit.
i) Exceptions to
permanent placement requirements may be granted
for a single manufactured home unit temporarily used as a
construction field office, real estate sales office or manufactured
home sales office provided a building permit has been issued under
the New York State building code. Such offices may not be
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installed prior to thirty (30) days before the commencement of
the relevant project and must be removed within thirty (30) days
after the completion of the relevant project, a maximum of one
year, with a one-year extension subject to approval of the Planning
Board. It shall otherwise be unlawful to store any residentially
unoccupied mobile home on any property within the Town of
Hancock for a period in excess of thirty (30) days, except as part
of licensed retail manufactured home sales use.
j) Manufactured
homes shall be used for single-family dwelling
purposes, only. All other uses, including but not limited to use as
a warehouse, storage shed, tool shed, outbuilding or garage are
prohibited, although the Planning Board may grant exceptions
for offices. No manufactured home previously occupied as a
dwelling may be converted to a use prohibited by this Law.
3) The Planning
Board shall, in reviewing and acting upon applications for
manufactured home parks, which shall include any parcel on which two (2) or
more manufactured are placed for residential occupancy, apply the following
standards and review criteria:
a) The location
of the park shall be one demonstrably suitable for such use,
with proper drainage and provisions for stormwater control as provided
herein.
b) There shall be
documentation of the availability and adequate capacity of
all utility providers to service the park. Offsite or centralized water
facilities shall be provided.
c) The park shall
be designed to buffer individual manufactured homes from
each other and from other adjoining lot owners. It shall be landscaped so
as to develop and maintain a high quality aesthetic environment and
neighborhood character for prospective new and existing residents.
d) Adequate
provisions shall be made for outside storage space and these
shall not in any way interfere with emergency access.
e) Adequate
provisions shall be made to control potential nuisance situations
such as accumulation of unused materials or vehicles.
f) Recreational
facilities sufficient to accommodate the number of dwellings
proposed shall b provided.
g) There shall be
adequate groundwater supplies to support the proposed
water system without causing a detrimental impact on adjoining water
supplies and evidence of this shall be provided and professionally
reviewed.
h) The management
and operations plan for the park shall provide for
maintenance of all common facilities and ensure the purposes and
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requirements of this law are met. It shall also provide for limitation of
occupancy to manufactured homes meeting U.S. Department of
Housing Urban Development regulations under the Manufactured
Housing Act.
i) The park shall
be located on a well-drained site that is properly graded to
ensure rapid drainage and free at all times from stagnant pools of water.
j) The park shall
be at least ten (10) acres in size and have at least two-
hundred-fifty (250) feet frontage on a public road. Additional park land
must be contiguous to the existing park and shall not be bisected by a
public road except to the extent a new road may be approved as part
of the plan.
k) Each
manufactured home lot shall have a total area of not less than one
(1) acre if served by an on-site sewage disposal or water supply, but may
be reduced to 10,000 square feet where both central sewage and central
water are provided. No more than one (1) manufactured home shall be
placed on any manufactured home lot.
l) All
manufactured homes shall be parked or otherwise be located at least
forty (40) feet from an adjacent manufactured home; at least fifty (50) feet
from an adjacent manufactured home park property line; at least seventy-
five (75) feet from right of way line of any existing public street or
highway; and at least forty (40) feet from the nearest edge of any roadway
located within the park.
4) Each
manufactured home lot shall have a manufactured home stand (concrete pad)
that will provide for the practical placement on a base on the lot of both
the
manufactured home and its appurtenant structures and provide for the
retention of the home on the lot in a stable condition.
5) Accessibility
and lighting.
a) Any
manufactured ho me park shall provide, two (2) points of entry/exit
at least one hundred (100) feet apart. Such entrances and exits shall be
designed and strategically located for the safe and convenient movement
into and out of the park and to minimize friction with the free movement
of traffic on a public highway or street. No individual manufactured home
shall have direct access to a State, County or Town road without first
entering a street or driveway in the manufactured home park leading to an
exit. All entrances and exits shall be free of any material which would
impede the visibility of the driver on a public highway or street and shall
be of sufficient width to facilitate the turning movements of vehicles with
manufactured homes attached and shall be at least fifty (50) feet in width
for a least fifty (50) feet into the property.
b) Each
manufactured home park shall have roads to provide for the
convenient access to all manufactured home lots and other facilities within
the park. All streets shall be provided with safe, all-weather surfaces with
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a minimum pavement width of eighteen (18) feet. Road features,
including shoulders and sidewalks, shall otherwise be constructed
in accord with the requirements set forth in the Town Subdivision Law
and Town of Hancock Road Law and/or highway specifications.
c) No parking
shall be allowed on the street.
d) All means of
egress, drives and public places shall be adequately lighted.
e) One
non-flashing, illuminated sign shall be permitted on the park. Such
sign shall not be greater in area than 50 square feet and shall not extend
more than eight (8) feet above ground level. Such sign shall be located
at least 20 feet from any property line or street right-of-way line.
6) Two (2)
off-street parking spaces shall be provided on each manufactured home
lot. Each space shall have a minimum width of nine (9) feet and a minimum
length of twenty (20) feet.
7) Recreation and
open space.
a) Each
manufactured home park shall provide common open space equal to
at least thirty-five (35) percent of the gross land area of the park
including
all lots and unplatted areas.
b) Any
manufactured home park shall provide, as part of its open space,
areas for active recreational use. These recreation areas shall not include
any wetlands, steep slopes or other land areas unusable for development
and shall consist of contiguous land areas that can be used for active
recreational activities such as ball fields. No less than 20% of the open
space provided shall be dedicated to such recreational areas and no
individual area so designated shall be less than one (1) acre in size.
8) Landscaping.
a) Ground cover
shall be provided on those areas not used for the placement
of manufactured homes and other buildings, walkways, roads and parking
areas.
b) Screening
acceptable to the Planning Board shall provide for adequate
shade and a suitable setting for the manufactured homes and other
facilities. A side or rear yard adjacent to an existing developed area shall
be a minimum width or depth of 100 feet and the 50 feet nearest to the
existing developed area shall be planted or screened with materials
designed to create and maintain a high quality neighborhood character
for existing residents as well as new manufactured home park residents.
The Planning Board shall also require and approve a landscaping plan for
the interior of the manufactured home park to buffer individual
manufactured homes, provide shade and green areas and ensure a
wholesome living environment.
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c) Skirting acceptable to the Planning Board shall be installed along the
perimeter of each manufactured home, extending from the stand to the
floor of the manufactured home and fully screening the area beneath the
unit from view. The landscaping plan required above shall also address
landscaping of individual manufactured home sites and ensure effective
separation of manufactured homes from each other for purposes of privacy
as well as aesthetics.
9) The owner or
operator of each manufactured home park shall keep a register
wherein there shall be recorded the name and permanent address of the owner
and
occupant of each manufactured home situated in the court, the registration
number
of the same, the date it was admitted and the date of its removal. Such
register shall be signed by the owner of the manufactured home or the person
bringing
the same into court. Such register shall be open for inspection to the Town
Code
Enforcement Officer or the Town Assessor at all reasonable times. Registers
shall be kept for a period of seven (7) years.
10) No
application for a manufactured home park license shall be approved unless
and until the appropriate officer of the applicable Town fire district shall
have reviewed the plans as well as the site and determined the district
firefighting
equipment can provide adequate coverage of the park and that there are no
major
obstacles in the design or layout of the facility to providing fire
protection. If the
fire district approval cannot be obtained because the district lacks the
specific services and facilities needed to serve the proposed park, the Town
shall be authorized, through its Planning Board, to require, as a condition
of site plan review approval, a financial contribution from the applicant
toward providing those services or facilities. Such contribution shall be
reasonable and directly related to the costs of serving the manufactured
home park.
11) Annual
renewal of site plan review approval shall be required based upon inspection
by the Town as to continued conformance with the requirements of this
section. Such renewal shall also be considered a license for continued
operation of the manufactured home park, as provided under New York State
Town Law. No manufactured home park shall continue to operate without such
renewal and license. All licenses to operate manufactured home parks shall
expire on December 31 of each year absent submission, review and approval of
an application for renewal (for the following calendar year) prior to that
date.
5 BOARD OF
APPEALS
A. Establishment
Pursuant to the
provisions of the Town Law, a Board of Appeals is hereby established in the
Town of Hancock. The Board shall consist of three (3) members to be
appointed by the Town Board. The terms of the initial appointees shall be
for one (1) two (2) and three (3) years from and after the date of
appointment. Their successors, including such additional members as may be
appointed by the Town Board, shall be appointed for the term of three (3)
years after the expiration of the terms of their predecessors in office.
Appointments to fill vacancies shall be for the unexpired term of the
members whose
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term or terms become vacant. Such appointment to fill vacancies shall be
made in the same manner as the original appointment. The Board of Appeals
may continue to legally operate while vacancies are waiting to be filled
provided there are enough members to constitute a quorum. The Board shall
perform all the duties and have all the powers prescribed by Section 267-b
of the Town Law of the State of New York. The Town Board may also appoint
alternates to serve on the Board of Appeals in the absence of regular
members or in cases where regular members recuse themselves due to
conflicts.
B. Types of
Variances
Area variances
involve relief from dimensional or other requirements under the terms of
this Law. Each of the followings findings of fact shall be made in writing
by resolution by the Board of Appeals prior to granting such variances. The
Board of Appeals shall have the power, upon an appeal from a decision or
determination of the administrative official charged with the enforcement of
such ordinance or local law, to grant area variances as defined herein. In
making its determination, the Board of Appeals shall take into consideration
the benefit to the applicant if the variance is granted, as weighed against
the detriment to the health, safety and welfare of the neighborhood or
community by such grant. In making such determination the board shall also
consider:
1) whether an
undesirable change will be produced in the character of the
neighborhood or a detriment to nearby properties will be created by the
granting of the area variance;
2) whether the
benefit sought by the applicant can be achieved by some
method, feasible for the applicant to pursue, other than an area variance;
3) whether the
requested area variance is substantial;
4) whether the
proposed variance will have an adverse effect or impact on
the physical or environmental conditions in the neighborhood; and
5) whether the
alleged difficulty was self-created, which consideration shall
be relevant to the decision of the Board of Appeals, but shall not
necessarily preclude the granting of the area variance.
6) whether the
applicant possesses adjoining property.
The Board of
Appeals, in the granting of area variances, shall grant the minimum variance
that it shall deem necessary and adequate and at the same time preserve and
protect the character of the neighborhood and the health, safety and welfare
of the community.
7 NON-CONFORMING
USES (GRANDFATHER CLAUSE)
This law does not
apply to uses or structures which are lawfully in existence as of the date
this local law becomes effective. Any use which would otherwise be subject
to this law that has been discontinued for a period of one (1) year or more
shall be subject to review pursuant to the terms of this law before such use
is resumed. Any use or structure shall be considered to be in existence
provided the same has been substantially
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commenced as of the effective date of this local law and fully constructed
and completed within one year from the effective date of this local law. A
non-conforming structure is any building which does not conform to the
dimensional and bulk requirements of this Law with respect to lot area,
width, or depth; front, side or rear yards; maximum height; etc.
Nonconforming structures may be continued, repaired, structurally altered,
moved, reconstructed or enlarged, provided that such action does not
increase the degree of or create any new nonconformity with respect to the
bulk requirements of this Law.
8 ENFORCEMENT
No permit or
certificate of occupancy shall be issued by the Building Inspector, except
upon the authorization by and in conformity with an approved site plan where
required. The Town Board may alternatively appoint some other enforcement
officer to conduct inspections and any other enforcement activities required
by this local law. Such officer shall be responsible for the overall
inspection of site improvements including coordination with the Town of
Hancock Planning Board, Town Board and other officials and agencies, as
appropriate. Any person, firm, or corporation who commits an offense
against, disobeys, neglects, or refuses to comply with or resists the
enforcement of any of the provisions of this local law shall, upon
conviction, be deemed guilty of a violation, punishable by a fine of not
more than $350.00. Each day an offense is continued shall be deemed a
separate violation of this local law. In addition to the penalties provided
above, the Building Inspector, or Town Board, may also maintain an action or
proceeding in the name of the Town in a court of competent jurisdiction to
compel compliance with or to restrain by injunction the violation of this
local law.
Filed with the
Department of State – January 25, 2012
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TOWN LAW