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Wetlands in lot area calculations. In computing minimum lot sizes pursuant to the Dimensional Table,[1] the area of wetlands shall be subtracted from total acreage in the lot area calculation. This shall not apply to lots created before the adoption of this Subsection A.
Editor's Note: The Dimensional Table is included at the end of this chapter.
Corner lots and through lots. Wherever a side or rear yard is adjacent to a street, the front setback shall apply to such side or rear yard. Corner lots shall be deemed to have two front yards, two side yards, and no rear yard.
Projections into required yards.
The following projections into required yards shall be permitted:
Carport. An open or enclosed carport shall be considered a part of the building in determining compliance with setback requirements.
Porch. An open or screened porch may project eight feet into a front setback area.
Driveways. Driveways on lots with 100 feet or more of road frontage shall be set back at least 10 feet from side lot lines, except that common driveways may occupy any part of a side yard adjoining the lot of another user of the common driveway. On lots with less than 100 feet of frontage, no side yard setback shall be required.
Height exceptions.
The height limitations in the Dimensional Table shall not apply to any flagpole, radio or television receiving antenna, spire or cupola, chimney, elevator or stair bulkhead, parapet, or railing, water tank, or any similar nonhabitable structure, provided that such structure is firmly attached to the roof or side of a building and covers no more than 10% of the roof area.
Barns, silos, solar energy systems, telecommunication towers, and wind energy conversion systems may exceed height limits in the Dimensional Table, provided that they comply with applicable sections of this Article VII and provided that for every one foot by which such structures exceed the height limit, the minimum setback requirements are increased by one foot.
Setbacks for accessory structures and uses.
Any accessory structure attached to a principal building, and any detached barn, garage, stable, tennis court, or swimming pool, shall comply with the minimum setback requirements of this chapter applicable to the principal building. Other detached accessory structures or uses may encroach into required setback areas, provided that they:
Are not used for human habitation;
Have a footprint no larger than 200 square feet;
Do not exceed 16 feet in height;
Do not occupy more than 10% of a rear setback area;
Are set back at least 10 feet from side or rear lot lines.
Are not located closer to the street than the front yard setback required for a principal building, except for fences, gates, mailboxes, newspaper receptacles, signs, sand storage bins, bus shelters, and similar roadside structures with less than 100 square feet of footprint, as well as ornamental structures such as entry pillars and statues;
Are not used for housing animals.
For corner lots, the setback from all streets shall be the same for accessory structures as for principal buildings.
Setbacks involving irregular buildings and lot lines. Where structures or lot lines are irregular or unusual in configuration, all points on the structure shall satisfy the minimum setback requirements from that point on the lot line which is the shortest distance from the structure.
Fences (including hedges) and walls.
The setback requirements of this chapter shall not apply to retaining walls of any height or to fences less than six feet high in any side or rear yard, except where corner clearances are required for traffic safety.
The setback requirements of this chapter shall not apply to any front yard fences or walls less than four feet high, except that customary agricultural wire, board, or split rail fencing which does not obstruct visibility may be higher.
Corner clearance/visibility at intersections. Where necessary to provide visibility for traffic safety, the Highway Superintendent or the Planning Board may require all or a portion of any corner lot which is within a sight triangle 50 feet from the corner, as shown shaded in Sketch A, to be cleared of all growth (except isolated trees) and other obstructions that block visibility of traffic on an intersecting street. The Planning Board may require excavation to achieve visibility. This provision shall not apply to intersections with traffic signals or four-way stop signs or to intersections in hamlets where this requirement would conflict with the need to maintain a consistent build-to line to enclose the street.
Reduction in lot area. No conforming lot shall be reduced in area in a manner that violates the dimensional requirements of this chapter.
The following guidelines shall apply to the extent practical to the siting of nonresidential uses that are subject to site plan or special permit approval and to the siting of residences in new subdivisions or other developments. They are recommended but not required for the siting of individual residences on existing lots.
Wherever feasible, retain and reuse existing old farm roads and lanes rather than constructing new roads or driveways. This minimizes clearing and disruption of the landscape and takes advantage of the attractive way that old lanes are often lined with trees and stone walls. (This is not appropriate where reuse of a road would require widening in a manner that destroys trees or stone walls.)
Preserve stone walls and hedgerows. These traditional landscape features define outdoor areas in a natural way and create corridors useful for wildlife. Using these features as property lines is often appropriate, as long as setback requirements do not result in constructing buildings in the middle of fields.
Avoid placing buildings in the middle of open fields. Place them either at the edges of fields or in wooded areas. Septic systems and leach fields may be located in fields, however.
Use existing vegetation and topography to buffer and screen new buildings if possible, unless they are designed and located close to the road in the manner historically found in the Town. Group buildings in clusters or tuck them behind treelines or knolls rather than spreading them out across the landscape in a "sprawl" pattern.
Minimize clearing of vegetation at the edge of the road, clearing only as much as is necessary to create a driveway entrance with adequate sight distance. Use curves in the driveway to increase the screening of buildings.
Site buildings so that they do not protrude above treetops and crestlines of hills as seen from public places and roads. Use vegetation as a backdrop to reduce the prominence of the structure. Wherever possible, open up views by selective cutting of small trees and pruning lower branches of large trees, rather than by clearing large areas or removing mature trees.
Minimize crossing of steep slopes with roads and driveways. When building on slopes, take advantage of the topography by building multilevel structures with entrances on more than one level (e.g., walk-out basements, garages under buildings), rather than grading the entire site flat. Use the flattest portions of the site for subsurface sewage disposal systems and parking areas.
In order to ensure that land will be developed with a minimum amount of soil erosion and sedimentation, for any site plan, special permit, or subdivision application, the Planning Board shall require that an applicant submit a plan demonstrating compliance with the following control practices:
The applicant shall provide effective sediment control measures for planning and construction of proposed developments. The following principles shall be applied as deemed appropriate:
The smallest practical area of land shall be exposed at any one time during the development.
When land is exposed during development, the exposure shall be kept to the shortest practical period of time.
Temporary vegetation and other protective measures shall be used to protect critical areas exposed during development.
Sediment basins or debris basins (silting basins or silt traps) shall be installed and maintained to remove sediment from runoff waters on lands undergoing development.
Provision shall be made to effectively accommodate the increased runoff caused by changing soils and surface conditions during and after development.
Permanent final vegetation and structures shall be installed as soon as practical in the development process.
The development plan shall be fitted to the type of topography and soils to minimize erosion potential.
Wherever feasible, natural vegetation shall be retained and protected.
Design standards. Design standards and specifications for erosion and sedimentation control shall be as specified in the Empire State Chapter Soil and Water Conservation Society, New York Guidelines for Urban Erosion and Sediment Control.
All erosion and sedimentation control measures shall be installed prior to beginning any other land disturbances. Such devices shall not be removed until the disturbed land areas are permanently stabilized.
All erosion and sediment control measures shall be periodically inspected by the Town and shall be maintained by the developer or his successors in conformance with an approved schedule, so as to ensure effective operating conditions until such time as they are removed.
Erosion and sediment control measures shall comply with all applicable regulations and permit requirements of the New York State Department of Environmental Conservation. For any construction activity covering more than one acre, the applicant shall file with the DEC, with a copy to the Town Clerk, a notice of intent form 60 days prior to commencing excavation or grading in order to comply with the State Pollution Discharge Elimination System (SPDES) General Permit (GP) No. 02-01.
Sanitary disposal. No person shall construct any structure in the Town without meeting applicable requirements of the Town, the Dutchess County and New York State Departments of Health, the New York State Department of Environmental Conservation, and other governmental authorities that regulate water supply and sewage disposal systems. Issuance of a certificate of occupancy shall be subject to sanitary system inspection and certification by the Dutchess County Department of Health, and compliance with all conditions imposed by any other governmental authority.
Water supply. The Planning Board may require an applicant for any subdivision, special permit, or site plan approval to provide evidence of water availability and may require test wells and professional hydrological studies sufficient to establish that a proposed development will have adequate supplies of potable water and will not adversely affect any aquifer resource or the supply or quality of drinking water in the surrounding area. (See § 121-15.)
Excavation and grading necessary for the construction of a structure for which a building permit has been issued shall be permitted, provided that it does not adversely affect natural drainage or structural safety of buildings or lands, cause erosion or sedimentation, or create any noxious conditions or hazard to public health or safety.
In the event that construction of a structure is stopped prior to completion and the building permit expires, the premises shall be promptly cleared of any rubbish or building materials by the property owner, and any open excavation with a depth greater than two feet below existing grade shall either be promptly filled in and the topsoil replaced or shall be entirely surrounded by a fence at least six feet high that will effectively block access to the area of the excavation.
The Planning Board may, in connection with a major project site plan or major subdivision, require an applicant to furnish an irrevocable letter of credit, certified check, or other form of security to guarantee reclamation of areas to be excavated or graded if a project is abandoned. Such security shall be for an amount reasonably related to the potential cost of such reclamation and shall be in a form deemed acceptable by the Town Attorney.
No excavation or grading and no clear-cutting of 10,000 square feet or more in preparation for site development shall be undertaken prior to the grant of any special permit, site plan, or subdivision approval required for such development.
Excavation or grading of any area exceeding 2,000 square feet, removal from a property of surface rocks in an area of up to five acres at a time, and/or the clear-cutting of any area exceeding three acres shall require a zoning permit from the Code Enforcement Official, unless such excavation, rock removal, or clear-cutting is performed pursuant to an approved site plan, special permit, subdivision, or building permit or as a normal and customary activity in conjunction with commercial logging or a farm operation (as defined in Article XII).
Excavation, rock removal, and grading activities shall comply with applicable requirements for erosion and sediment control in § 121-32.
No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale, or for use other than on the premises from which it is taken, except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto.
A zoning permit application for surface rock removal or agricultural soil mining shall comply with the following requirements:
Surface rock removal and agricultural minor project soil mining shall be permitted only in the RA, RR, OC and M Districts and shall not be permitted on marble knolls and calcareous crests as identified on the Map of Significant Habitats in Amenia.
A map of the property shall be submitted with relevant information from Town GIS layers, including the Map of Significant Habitats in Amenia, identifying the specific habitat types. The map shall also include boundaries, streams and wetlands, ten-foot contour lines, geological features such as rock outcrops, and types of vegetation. The map shall indicate locations where mining and rock removal activities would occur and the location of existing and proposed access roads and landings.
The habitat and natural resource maps and application shall be reviewed by the Building Inspector and Zoning Administrator, and the Zoning Administrator shall issue the zoning permit if the application complies with the requirements of this subsection. The Zoning Administrator may seek expert guidance from a biologist or ecologist, or require the submission of a biologist's report, if any significant habitats will be affected by the proposed operation. The Zoning Administrator may deny or place conditions on the permit to ensure that there will be no disturbance of significant habitats.
Access roads and landings shall meet or exceed the requirements of the DEC for logging roads and landings. Reference shall be made to the Timber Harvest Guidelines of the NYSDEC, available on the DEC website.
Exposed topsoil areas exceeding 1,000 square feet on slopes exceeding 15% (other than access roads and gravel pits) shall be, at a minimum, hydroseeded and mulched. Silt fences and hay bales to prevent erosion shall be used where practical, and the operation shall expose the minimum area necessary and revegetate as quickly as practicable.
The Town Building Inspector, Zoning Administrator or Environmental Officer shall inspect the site no less than twice a year at the permittee's expense.
Operations shall be conducted on weekdays only and shall not exceed 10 daylight hours.
If the operation is a commercial enterprise engaged in selling surface rocks, a performance guarantee of $5,000 per acre of disturbance, with a minimum of $5,000, shall be deposited with the Town in order to assure that the land is revegetated and access points to public roads maintained and repaired. See § 121-68B.
The Town finds that protection of its wetlands and watercourses helps to maintain water quality and the health of natural ecosystems, reduces flooding, erosion, and sedimentation, and protects important wildlife habitat areas. The Town also recognizes that both the state and federal governments regulate wetlands and desires to avoid duplicating regulatory programs while cooperating with state and federal agencies. To ensure that development minimizes damage to wetlands and watercourses, the Town establishes the following requirements in addition to the Stream Corridor Overlay District provisions of § 121-14.
State and federal wetland permit coordination. All applicants for any Town permit or approval that might result in disturbance to a wetland or watercourse shall, as early as possible in the application process, apply to the New York State Department of Environmental Conservation (DEC) and/or the U.S. Army Corps of Engineers (ACOE), as appropriate, for any applicable permits. The applicant shall submit copies to the Town of any application to or correspondence with ACOE and DEC concerning required wetland permits for the project.
Required watercourse and wetland mapping and delineation. Any site plan, plot plan, building permit or zoning permit application, variance application, subdivision plat, preliminary subdivision plat, or other plan submitted to a Town regulatory board or official shall show the location and stream classification of all watercourses, the location of any land or water identified as significant habitat in a Biodiversity Map adopted by the Town Board, and the location of any wetlands shown on the National Wetlands Inventory and DEC-regulated wetlands and wetland buffers on the parcel, as determined by a DEC field delineation, if available, or from current DEC wetland maps. If the proposal requires that a wetland delineation be performed for the ACOE, the applicant shall submit a copy of such delineation to the reviewing board or official. The applicant and reviewing board shall consult the report "Significant Habitats in the Town of Amenia, Dutchess County, New York" by Hudsonia Ltd. (2006) (hereinafter cited as the "Hudsonia Report") and use the recommended methodologies for study and protection of wetland habitats identified in that publication. A wetland delineation may also be required if necessary to determine allowable maximum density for a conservation subdivision pursuant to § 121-20.
Imposition of conditions to protect wetlands and watercourses. The reviewing board or official shall ensure that applicants comply with the requirements of DEC and ACOE and shall impose additional appropriate conditions as necessary to minimize damage to wetlands and watercourses based upon studies of wetlands as recommended in the Hudsonia Report. Such conditions may include modifications in the size and scope of a proposed project, as well as changes in the location of structures or other improvements on the parcel. The reviewing board or official shall not be limited by the regulations of the DEC and ACOE but may impose protections on wetlands and related upland habitat areas that are more stringent than required by these agencies, provided that such conditions are reasonable and are based upon the advice of a qualified expert. The Hudsonia Report shall be consulted in connection with this requirement.
For projects in the RDO for which a draft environmental impact statement has been submitted prior to the adoption of this section, the environmental analysis set forth therein for "water resources", "vegetation" and "wildlife" shall serve as a substitute for the provisions of this section applicable to the Town's review and regulation of wetlands and watercourses, provided that all field investigations, studies, data and other work supporting such environmental analysis have been performed to the satisfaction of the Town's retained biodiversity expert for environmental review of such a project.
The Town finds that the alteration of steep slope areas poses potential risks of erosion, sedimentation, landslides, and the degradation of scenic views. Accordingly, the following requirements are hereby imposed in areas with slopes exceeding 15%. Where a soil erosion and stormwater control plan is required by § 121-32, such plan shall provide the information needed to comply with this § 121-36.
For any subdivision, special permit, site plan, building permit, zoning permit, or variance that involves the disturbance of slopes greater than 15%, conditions shall be attached to ensure that:
Adequate erosion control and drainage measures will be in place so that erosion and sedimentation does not occur during or after construction.
Cutting of trees, shrubs, and other natural vegetation will be minimized, except in conjunction with logging operations performed pursuant to applicable guidelines of the New York State Department of Environmental Conservation.
Safety hazards will not be created due to excessive road or driveway grades or due to potential subsidence, road washouts, landslides, flooding, or avalanches.
Proper engineering review of plans and construction activities will be conducted by the Town to ensure compliance with this section, paid for by escrow deposits paid by the applicant.
No certificate of occupancy will be granted until all erosion control and drainage measures required pursuant to this section have been satisfactorily completed.
No disturbance, including cutting of vegetation or construction of driveways, shall be permitted on any slope of 30% or greater, except in any of the following circumstances:
As may be needed for stream bank stabilization, foot trails and utility lines.
In conjunction with timber harvesting operations performed pursuant to applicable guidelines of the New York State Department of Environmental Conservation.
In conjunction with activities of a farm operation protected by an exemption under § 121-37E below.
In conjunction with the establishment or maintenance of golf course fairways.
Where an applicant can demonstrate that there is no feasible alternative and that the impacts of any land disturbance will be fully mitigated by the best available engineering, erosion control, and visual impact mitigation practices.
Where an applicant can demonstrate that the impacts of disturbing slopes do not negatively impact visual resources, that the areas impacted are part of a broader plan for a site that weighs and balances the full range of environmental issues, and that such disturbance is fully mitigated by engineering and soil erosion control practices.
Slope determinations shall be made based upon the topographic information required for a particular approval, along with such other topographic information as the reviewing board or official shall reasonably require or the applicant shall offer. In cases of uncertainty or dispute, a qualified professional retained by the Town, at the applicant's expense, shall determine the location of regulated slopes.
For purposes of determining the location of steep slope areas, only contiguous slopes containing at least 5,000 square feet of steep slopes, as defined above, shall be considered. Within the HM and HR Districts, contiguous slopes containing at least 1,500 square feet shall be considered.
Agricultural buffers. Wherever agricultural uses and other uses unrelated to the agricultural operations abut, the applicant for the nonagricultural use shall provide buffers to reduce the exposure of these abutting uses to odors, noise, and other potential nuisances associated with the agricultural operation. Such buffers may consist of vegetative screening, woodlands, vegetated berms, fences, or natural topographic features, at the discretion of the Planning Board.
Required disclosure. In the case of any proposed residential development that abuts agricultural uses, the Planning Board shall require the applicant to issue a disclosure to potential purchasers of lots or dwelling units as follows: "This property adjoins land used for agricultural purposes. Farmers have the right to apply approved chemical and organic fertilizers, pesticides, and herbicides and to engage in farm practices which may generate dust, odor, smoke, noise and vibration." This disclosure shall be required as a note on a subdivision plat or site plan, and may also be required to be made through other means reasonably calculated to inform a prospective purchaser, such as by posting, distribution of handbills, inclusion in an offering plan or real estate listing information sheet, or letter of notification. This section may also be applied to any commercial development at the discretion of the Planning Board.
Agricultural data statement. Any application for a special permit, site plan approval, use variance, or subdivision approval requiring municipal review and approval by the Town Board, Planning Board, or Zoning Board of Appeals that would occur on property within an agricultural district containing a farm operation, or on property with boundaries within 500 feet of a farm operation located in an agricultural district, shall include an agricultural data statement as defined in § 121-74. The reviewing board shall evaluate and consider the agricultural data statement in its review of the possible impacts of the proposed project upon the functioning of farm operations within the agricultural district.
Agricultural zoning exemptions. Within an agricultural district as defined in Article 25-AA of the New York State Agriculture and Markets Law, adopted by the county and certified by the state, the following exemptions from provisions of this chapter shall apply to land and buildings on farm operations:
There shall be no height limits on agricultural structures, including but not limited to barns, silos, grain bins, and fences, as well as equipment related to such structures, as long as they are being used in a manner that is part of the farm operation.
There shall be no lot line setback restrictions on agricultural structures, except setbacks from lots that are either not within the agricultural district or lots that have existing residential uses. Agricultural structures containing animals, animal feed, or animal waste shall be set back at least 200 feet from watercourses and from lots that have existing residential uses, whether or not such residential lots are within an agricultural district. This setback requirement shall not apply to preexisting nonconforming structures.
Agricultural structures and practices shall not require site plan review or special permit approvals, except that agricultural structures with a footprint greater than 10,000 square feet shall require minor project site plan approval pursuant to § 121-67.
Off-street parking.
Purpose. The Town finds that large and highly visible parking areas represent one of the most objectionable aspects of commercial development. Such parking lots damage the historic layout and architectural fabric of hamlet areas, harm the natural environment and visual character of the community, interfere with pedestrian safety and accessibility, and reduce the quality of life in developed areas. However, the Town also recognizes that inadequate parking can diminish quality of life by creating traffic congestion, safety hazards, and inconvenience. The Town therefore seeks to balance the need for adequate parking with the need to minimize harm resulting from the provision of parking and to avoid the negative impacts of excessive parking lot construction.
Minimum parking required for residential uses.
For single-family or two-family dwelling: two spaces per dwelling unit.
For multifamily dwelling: 1 1/2 spaces per dwelling unit.
These requirements may be reduced for dwelling units with less than 1,000 square feet of floor space, senior citizen housing, mixed-use development, or other appropriate circumstances if the Planning Board determines that such reductions are warranted.
Parking requirements for nonresidential uses. The number and layout of parking spaces for nonresidential uses shall be based on the need to protect public safety and convenience while minimizing harm to the character of the community and to environmental, historic, and scenic resources. Since nonresidential uses vary widely in their need for off-street parking; parking requirements shall be based on the specific operational characteristics of the proposed uses. The provisional parking standards in Subsection A(3)(a) below shall be applied and may be varied by the Planning Board according to the criteria in Subsection A(3)(b) below.
Provisional parking standards.
Retail or service business uses: four spaces per 1,000 square feet of enclosed floor space, excluding space used for storage.
Industrial/warehouse uses: two spaces per 1,000 square feet of enclosed floor space or one space per employee.
Office uses: three spaces per 1,000 square feet of floor space.
Lodging facility: one space for each bedroom plus one space for each nonresident employee and one space for every 200 square feet of floor space for meetings and functions.
Restaurants, theaters, and other places of public assembly: one space for every three seats.
Uses not listed above: as appropriate to the circumstances.
Criteria for applying provisional standards. In applying or modifying the provisional parking standards for any proposed use, the Planning Board shall consider:
The maximum number of vehicles that would actually be parked at the use at times of peak usage. Parking spaces shall be sufficient to satisfy 85% of the anticipated peak demand. The likelihood of people walking, bicycling, or carpooling to the proposed use shall be taken into consideration.
The size of the structure(s) and the site.
The environmental, scenic, or historic sensitivity of the site (including applicable limitations on impervious surfaces). In cases where sufficient area for parking cannot be created on the site without disturbance to these resource values, the Planning Board may require a reduction in the size of the structure so that the available parking will be sufficient.
The availability of safely usable on-street parking.
The availability of off-site off-street parking within 400 feet that is open to the public, owned or controlled by the applicant, or available on a shared-use basis, provided that the applicant dedicates such off-site land for public parking or demonstrates a legal right to shared use.
The requirements for parking for the disabled as prescribed by the Americans with Disabilities Act.
Set-aside for future parking. The Planning Board may, as a condition of reducing the provisional parking standards, require an applicant to set aside land to meet potential future parking needs. Such land may remain in its natural state or be attractively landscaped but may not be used in a manner that would prevent it from being developed for parking in the future.
Parking lot as accessory use to residential dwelling. Parking spaces may be made available for nonresidential uses on residential lots in the HM District by special permit. Such spaces shall be screened from adjoining properties and roads and shall not exceed five spaces per lot.
Fee in lieu of parking space. Where the required spaces cannot be provided on site and are not currently available on the street and/or in municipal parking lots, the applicant shall pay a fee in lieu of one or more required spaces, in an amount established by the Town Board sufficient to cover the estimated cost of providing additional public parking spaces. Such fee shall be kept in a dedicated fund for municipal parking purposes and shall be used for such purposes within three years or returned to the applicant (or the applicant's successor).
Design, layout, and construction of parking areas for nonresidential and multifamily residential uses.
Location and screening.
All off-street parking shall be located behind or to the side of the principal building, except as provided in Subsection A(4)(a)[2] and [3] below. The Planning Board may modify or waive this requirement on lots that are located in the OC, M and HC Districts only, where unusual lot configurations such as corner lots or through lots make compliance with this requirement impractical or impossible, or where the predominant character of surrounding development is such that compliance with this requirement would serve no useful purpose, provided that the applicant minimizes the visual impacts of such parking areas. Parking spaces located in a side yard shall, if possible, be screened from public view. Adjoining parking areas shall be connected directly to one another or to a service road or alley wherever feasible to reduce turning movements onto roads.
Within any district, parking may be located anywhere on the site if it is screened from public roads and adjoining properties or if it is part of a commercial development which is not visible from any public road, public recreation area, public building, or residential property.
Within the HC District only, a maximum of one row of on-site parallel, perpendicular, or diagonal parking may be located in front of the principal building, but not within the required front yard. If any parking spaces are located in front of the principal building, the minimum front yard setback shall be increased by 30 feet and shall be planted with alternating double rows of trees or, if wooded, left in its natural state.
If a parking lot containing 10 or more spaces lies within or borders the SR, RA, or RR District, a buffer zone at least 50 feet wide shall be planted with trees or dense vegetation to provide screening along all boundary lines, unless the adjoining properties are in the HC, OC, or M District or contain a nonresidential use.
Construction of parking areas. Parking areas shall be surfaced with a suitable durable surface appropriate for the use of the land, with adequate drainage. Surfacing, grading, and drainage shall facilitate groundwater recharge by minimizing impervious pavement and runoff. Overflow or peak period parking surfaces shall be permeable. Oil traps may be required for larger paved parking lots. Parking areas shall comply with all applicable requirements of the Americans with Disabilities Act.
Landscaping. Parking areas shall be designed and landscaped to avoid long, uninterrupted rows of vehicles by breaking them into separate parking lots divided by tree lines, alleys, pedestrian areas, or buildings. Parking lots containing more than 40 spaces shall be divided into smaller areas by landscaped islands at least 15 feet wide located no more than 120 feet apart. All islands shall be planted with three-inch minimum caliper shade trees at a density of at least one tree for every 20 linear feet of island. Parking lots containing less than 40 spaces shall provide at least one three-inch minimum caliper shade tree per eight spaces.
Lighting. Lighting within parking lots shall be on low poles of 12 feet to 15 feet maximum height, with color-corrected lamps and cutoff luminaires designed to minimize glare and light pollution. Design of poles and luminaries shall be compatible with the style of the architecture and adjoining streetscape treatment. Sidewalks leading from parking lots shall be lit with bollard lighting and indirect illumination of buildings and vegetation.
Off-street loading.
General requirement. Loading docks and service access areas shall be located in a manner that minimizes visual intrusion on public spaces and ensures pedestrian and automobile safety by separating truck traffic and loading operations from pedestrian and automobile circulation. Where appropriate, loading docks shall be screened by walls extending from a building face or placed within arcades or other architectural features designed to blend them with the architecture of the building. Adjacent buildings shall be sited to allow shared access to loading docks through the use of common loading zones or service alleys.
Exception for Hamlet Mixed-Use District. The need to maintain the traditional layout and historic character of the Town's hamlets may preclude the establishment of modern loading facilities in some older buildings in the HM District. In such situations, the requirements of Subsection B(1) above shall not apply, and on-street loading shall be permitted.
Purpose. The purpose of this section is to control the location, size, quantity, character, and lighting of signs in order to maintain the attractive appearance of the Town and avoid conditions of clutter and unsightliness. Through these regulations the Town seeks to:
Protect public health and safety by ensuring that signs do not create dangerous conditions, obstruct vision necessary for traffic safety, or confuse, distract, or mislead motorists, bicyclists, or pedestrians; and
Promote the general welfare by creating a more attractive visual environment that preserves the Town's historic and rural character, protects property values, encourages economic growth, enables businesses and other establishments to identify themselves, and minimizes negative impacts of signs on adjoining properties.
Exempt signs. The following types of signs may be erected and maintained without zoning permits, board review, or fees, provided that these signs comply with the general regulations in § 121-39D and with all other requirements of this chapter. As used in this Subsection B, the term "residential uses" shall include mixed-use lots on which at least 50% of the floor space is residential.
Permanent signs.
Signs not exceeding one square foot in area and bearing only property numbers, postal route box numbers, or names of occupants of premises.
One sign, not exceeding 32 square feet in area, designating a farm.
Flags and insignia of any government, except when displayed in connection with commercial promotion.
Noncommercial information signs. Signs providing noncommercial information to the public, including community service information signs, public utility information signs, safety signs, danger signs, no trespassing signs, signs indicating scenic or historic points of interest, traffic control signs, directional parking signs, and all signs erected by a public officer in the performance of a public duty.
One on-premises sign, either freestanding or attached, in connection with any residential building, for permitted home occupations, not exceeding three square feet and set back at least 10 feet from the traveled way or at the right-of-way, whichever is greater. Such signs shall state name and occupation only and shall not be illuminated.
Temporary signs.
Temporary nonilluminated "For Sale" or "For Rent" real estate signs and signs of similar nature, concerning the premises upon which the sign is located. For residential uses, one sign per lot, not exceeding six square feet per side. For nonresidential uses, one sign per lot, not exceeding 12 square feet, set back at least 15 feet from all property lines. All such signs shall be removed within three days after closing of the sale, lease, or rental of the premises.
Temporary nonilluminated window signs and posters not exceeding 25% of each window surface. (Such signs are normally used to advertise specific products or sales and are removed or replaced on a regular basis.)
Two temporary signs for a roadside stand selling agricultural produce grown on the premises in season, provided that such signs do not exceed 32 square feet each, are set back at least five feet from the public right-of-way, and are removed at the end of the selling season.
On-premises signs for garage sales and auctions, not exceeding four square feet, for a period not exceeding seven days.
Posters, banners, and signs, not exceeding six square feet on residential uses or 16 square feet on nonresidential uses, for a period not exceeding 60 days.
One sign, not exceeding six square feet on residential uses or 16 square feet on nonresidential uses, listing the architect, engineer, contractor and/or owner, on premises where construction, renovation, or repair is in progress, limited to the duration of the construction period.
Signs, portable or otherwise, advertising special events for nonprofit organizations, such as firemen's field days, church bazaars, bake sales, etc. Such signs shall not exceed 24 square feet in area and shall not be displayed for more than 30 days.
Signs required to be posted in connection with hearings on development applications, as provided in § 121-62F(3).
Signs marking areas of highway or utility construction, repair, or maintenance.
Prohibited signs.
No off-premises commercial signs shall be allowed, except that signs not exceeding four square feet directing the public to specific establishments may be allowed with site plan approval by the Planning Board.
No exterior sign shall be illuminated internally, and no sign shall contain flashing, intermittent, rotating, or moving lights, except that one neon sign not exceeding three square feet may be allowed inside the window of a business establishment.
Portable signs that are mounted on wheels, including motor vehicles or trailers parked in one location for more than 30 days in any calendar year and functioning primarily as signs, shall be prohibited.
No permanent sign or any part thereof shall contain or consist of any moving, rotating, or revolving device.
General sign regulations. All signs that are not prohibited by Subsection C above are regulated by this section. Signs that are not exempt under Subsection B shall require building permits. However, if signs are proposed in connection with any special permit or site plan application, such signs shall be reviewed and approved under applicable criteria for the principal uses and shall not require a separate building permit if constructed pursuant to an approved plan.
Permit applications. Applications for new signs or proposed changes in existing signs shall include a scaled drawing showing the type of lettering, sign dimensions, colors, materials, and method of illumination, if any, and a plan showing the location of the sign on the building or property. A building permit shall be required for any change in the size, shape, lighting, materials, or location of an existing sign. No building permit shall be required if only the words or images on the sign are changed.
Location and maintenance.
Signs shall be erected, constructed, and maintained in a manner that does not obstruct traffic movement or visibility or cause any hazard to public safety.
No signs shall be placed, painted, or drawn on utility poles, bridges, culverts, or other road or utility structures or signposts, or on trees, rocks, or other natural features, except that signs not exceeding one square foot posting property boundaries may be placed on trees. No signs shall be placed on municipally owned property without permission of the Town Board.
All signs shall be kept in good repair. Painted surfaces shall be kept neatly painted at all times.
Sign area and height.
Freestanding signs. Individual freestanding signs shall not exceed 16 square feet in area nor 10 feet in height. Freestanding signs that are grouped together on one sign structure shall not exceed a cumulative total of 50 square feet per structure, and the individual components of such groupings shall be large enough to be read safely by passing motorists traveling at the speed limit.
Projecting signs. Projecting signs shall not exceed 12 square feet in area and shall not project more than four feet from the side of the building. The bottom of such signs shall be no lower than 10 feet and no higher than 15 feet above the finished grade.
Wall-mounted signs. Wall-mounted signs shall not exceed 32 square feet, extend more than one foot from the surface of the wall, cover more than 10% of the front surface of a building, cover a window, obscure architectural detailing, interrupt a roofline, or be placed on the roof of a structure.
Window signs. Signs placed in windows shall not cover more than 25% of the window area.
Awning signs. The valance portion of an awning may be used as a sign, with a maximum of 12 square feet of sign area. The bottom of the awning shall be at least eight feet above the finished grade.
Sign area bonuses. To encourage design excellence, the maximum sizes for individual signs specified above may be increased if the criteria below are satisfied. Sign bonuses shall not apply to exempt signs or to freestanding signs that exceed six feet in height. Although a separate increase is granted for compliance with each of the criteria and the total is cumulative, each percentage increase is based on the original sign size limitation. Maximum sign sizes shall be allowed to increase as follows:
Fifteen percent when the sign is made of wood.
Fifteen percent if the sign is designed to contain only the identification of the establishment without advertising any products sold on the premises.
Twenty percent if the sign is the only sign identifying the establishment or its principal product.
Twenty percent if the sign is not designed or used with illumination.
Thirty percent if the Planning Board finds that the sign has special aesthetic merit or that additional size is necessary or appropriate due to such circumstances as the sign's distance from the road, the design speed of the road, or the size of the building on which the sign is placed. In order to take advantage of this Subsection D(3)(f)[5], an applicant not otherwise subject to site plan or special permit review may file a site plan application with the Planning Board. The content and review of such application shall be limited to consideration of signs.
Maximum cumulative sign area per lot. The maximum amount of total sign area per lot shall be one square foot of total sign area for every two linear feet of lot frontage on a public street.
Maximum area per sign. Notwithstanding any provision of this section to the contrary, no sign or grouping of signs shall be greater than 100 square feet in size.
Illumination. No illuminated sign or lighting device shall be placed or directed so that its light is directed or beamed:
Sign design manual. The Town Board may adopt a sign design manual developed specifically for the Town of Amenia or published for the general public or for another municipality. If such a sign design manual is adopted, it shall be incorporated by reference into this chapter.
Nonconforming signs. Signs that do not conform with this § 121-39 and that were legally in existence prior to the adoption of this section (July 19, 2007) shall be permitted to continue for an amortization period that terminates July 1, 2012, at which time they must either be replaced by conforming signs that have valid permits or be removed. Such signs may be altered only if the alterations increase their conformity with this section. This five-year amortization period may be extended by a temporary variance granted by the Zoning Board of Appeals, provided that the applicant demonstrates that the five-year amortization period is confiscatory as applied to the specific sign. The period of the variance shall be the minimum reasonably necessary to avoid confiscation. Signs that were not in compliance with the sign regulations of the Town of Amenia existing prior to the enactment of this § 121-39 shall not be considered protected nonconforming structures and shall be treated as violations.
Removal of signs.
Signs advertising an establishment or institution that has permanently closed shall be removed within one month of such closure.
The Code Enforcement Official shall notify in writing the owner of any sign which no longer serves the purpose for which it was erected, or which poses a safety hazard to the public or is otherwise in violation of this section. The Code Enforcement Official shall order such owner to remove or correct the unsatisfactory condition of such sign within 20 days from the date of such notice.
Upon failure to comply with such notice within the prescribed time, the Code Enforcement Official is hereby authorized to secure, repair, remove, or cause the removal of such sign. All costs of securing, repairing, or removing such sign, including related legal fees and expenses, shall be assessed against the land on which the sign is located and shall be levied and collected in the same manner as provided in the Town Law for the levy and collection of a special ad valorem levy.
Where it reasonably appears that there is imminent danger to life, safety, or health or imminent damage to property unless a sign is immediately repaired, secured, or demolished and removed, the Town Board may, by resolution, authorize the Code Enforcement Official to immediately cause the repair, securing, or demolition of such unsafe sign. The expense of such remedial actions shall be a charge against the land on which the sign is located and shall be assessed, levied, and collected as provided in Subsection E(3) above.
Compliance with performance standards. No use shall hereafter be established, altered, moved or expanded unless it complies with the performance standards set forth in this section. Continued conformance with such standards, once applicable, shall be a requirement for the continuance of any certificate of occupancy. This § 121-40 shall not apply to farm operations engaged in customary agricultural practices, except where necessary to protect public health and safety.
Purpose of performance standards. Consistent with the general purposes of this chapter, performance standards shall set specific controls on potentially objectionable external aspects of all uses in order to:
Reduce to a reasonable minimum the dissemination of smoke, gas, dust, odor or other atmospheric pollutants outside the building in which the use is conducted.
Control noise and light perceptible beyond the boundaries of the site of the use.
Limit the discharge of treated wastes and prohibit the discharge of untreated wastes into any watercourse.
Limit the dissemination of vibration, heat or electromagnetic interference beyond the immediate site on which the use is located.
Limit physical hazard by reason of fire, explosion, radiation or any similar cause.
Regulate and control the generation and flow of vehicular traffic in order to prevent hazardous conditions, traffic congestion and excessive noise in the streets.
Noise. No noises shall be emitted in violation of Chapter 80 of the Amenia Town Code. In addition, the following specific standards apply to noise.
Sound levels shall be determined at the property line of the lot from which the noise is emitted. Sound measurements shall be accomplished through a sound-level meter having an A-weighted filter and constructed in accordance with specifications of the American National Standards Institute or other generally accepted standard for the measurement of sound.
No person, firm or corporation shall allow the emission of sound which, as measured at the property lines, has a sound level in excess of:
Sounds emitted at levels lower than those prohibited by Subsection C(2) above shall not be permitted if, because of the type or frequency of the noise emitted, such sounds are offensive, disruptive or in continual disharmony with the character of an adjoining or nearby residential neighborhood.
Exemptions. The following shall be exempt from the noise level regulations:
Noises not directly under the control of the property user.
Noises emanating from construction and maintenance activities between 8:00 a.m. and sunset, Monday through Friday.
The noises of safety signals, warning devices, emergency pressure-relief valves or other emergency warning signals.
Bells or chimes from a church or other place of worship.
Method of measurement. For the purpose of measuring vibration, a three-component measuring system approved by the Town Engineer shall be employed.
Maximum permitted steady-state and impact vibration displacement. No activity shall cause or create a steady-state or impact vibration displacement by frequency bands in excess of that indicated in the following table:
Vibration Displacement
(cycles per second)
Steady State
Under 10
10 to 19
20 to 29
30 to 39
40 and over
Smoke, dust and other atmospheric pollutants.
General control. The emission of smoke and other particulate matter shall not be permitted in violation of applicable regulations of the New York State Department of Environmental Conservation (DEC), including but not limited to 6 NYCRR Part 201. Pollutants that are not regulated by the DEC shall not be emitted if they pose a substantial risk to public health, safety, or welfare.
Method of measurement of smoke. For the purpose of grading the density of smoke, the Ringelmann Smoke Chart or EPA Methods 9 or 22 shall be used to determine the total smoke emitted. Where the Ringelmann method is used, a reading shall be taken every minute for an hour or, if less than an hour, until the total smoke emitted exceeds that allowed by these regulations. Each reading shall be multiplied by the number of minutes during which it was observed and the product added.
Maximum permitted emission of smoke. There shall be no measurable emission of smoke, gas or other atmospheric pollutant, except as authorized by a permit granted pursuant to applicable state and federal regulations. The emission of one smoke unit per hour and smoke with discernible density of No. 1 on the Ringelmann Smoke Chart shall be prohibited.
Maximum permitted emission of dust.
The emission of dust related to combustion for indirect heating from any source shall not exceed 0.30 pounds of dust per thousand pounds of flue gas adjusted to fifty-percent excess air for combustion.
There shall be no measurable emission of dust or other particulate matter not related to combustion for indirect heating.
Properties shall be suitably improved and maintained with appropriate landscaping, paving, or other materials to minimize windblown dust and other particulate matter.
Odor. No land use shall be permitted which emits any discernible obnoxious odor outside the lot on which the use is conducted.
Toxic or noxious matter. No use shall be permitted which will cause the release of toxic or noxious fumes or other matter outside the building in which the use is conducted.
Radiation. The handling, storage or disposal of radioactive materials or waste by-products shall be conducted strictly in accordance with applicable federal and state standards.
Electromagnetic interference. No operation shall be permitted which produces any perceptible electromagnetic interference with normal radio or television reception in any area, unless federal or state regulation requires such operation to be permitted.
Fire and explosion hazard. All activities involving the use or storage of flammable or explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion, with adequate fire-fighting and fire-suppression equipment and devices standard in the industry. Such activities shall comply with all applicable requirements of the New York State Uniform Fire Prevention and Building Code, DEC regulations, and the National Fire Protective Association (NFPA) Code. Copies of SARA forms filed with the Dutchess County Emergency Response Agency shall also be filed with the Code Enforcement Official.
Heat. There shall be no emission of heat which would cause an air temperature increase in excess of 1° F. along any adjoining lot line.
Exterior illumination and glare. No use shall produce glare so as to cause illumination beyond the boundaries of the property on which it is located in excess of 0.5 footcandle. All exterior lighting, including security lighting, in connection with all buildings, signs or other uses shall be shielded and directed downward and away from adjoining streets and properties. The Planning Board may require special efforts to reduce the impacts of exterior lighting, such as limiting hours of lighting, planting screening vegetation, or installing light shields to alleviate the impact of objectionable or offensive light and glare on neighboring residential properties and public thoroughfares.
Liquid and solid wastes. The discharge of any or all wastes shall be permitted only if in complete accordance with all standards, laws and regulations of the Dutchess County Health Department, New York State Department of Environmental Conservation or any other regulatory agency having jurisdiction. Facilities for the storage of solid waste shall be so located and designed as to be screened from the street or from any adjoining property and so as to discourage the breeding of rodents or insects.
Traffic. For the purpose of preventing congestion in the streets, promoting the safe and efficient use of public transportation, protecting air quality, promoting fuel conservation, and otherwise protecting the public health, safety and welfare, the following specific traffic standards are hereby established to serve as a guide for Town officials and agencies in the review of applications for development approvals:
The proponent of any development shall provide the Planning Board with information pertaining to potential traffic generation. If the Planning Board determines that it is necessary, the Planning Board may require the submission of a traffic impact study (TIS) prepared by a qualified traffic engineer.
The TIS shall evaluate potential impacts to roadway and intersection operating conditions at locations and peak hours to be determined by the reviewing agency.
The latest available version of the Highway Capacity Manual and/or software based on the Highway Capacity Manual shall be used to conduct the TIS.
The TIS shall be based on traffic volume data not more than three years old.
Significant adverse traffic impacts requiring project mitigation shall be defined as any of the following occurring within the first year of operation of full build-out of the proposed project or, in the case of phased construction, during the first year of operation of each phase for which approval is sought:
Any reduction in level of service (LOS) to less than LOS D at a street intersection that operates at LOS D or better without the proposed project.
Any increase in delay times for intersections operating at LOS E or below.
Introduction of new traffic volumes that will cause the overall volume of the roadway to exceed the design capacity of the mainline (nonintersection) highway sections within the TIS study area.
If the outcomes listed in Subsection N(1)(d) above would occur in any case due to other planned projects or background growth in the area that would affect that intersection or roadway segment, then the proposed project may be approved, provided that adequate mitigation plans are made to ensure safe and efficient operating conditions at the affected intersection(s).
Any development application for which a TIS is not submitted shall provide sufficient information to ensure safe entering and exiting conditions (e.g., sight distance, driveway width and grade) at all proposed ingress and egress points.
In projecting future levels of service and the capacity of mainline highway sections, accepted traffic engineering procedures, as determined satisfactory by the Planning Board, shall be utilized, using the following requirements as a guide:
Base-year traffic conditions, including peak-hour traffic volumes and turning movements, must be documented either through direct field surveys or from other available current data sources.
Projected volumes must include estimated traffic generation from the proposed development during peak hours of on-site traffic activity as well as peak hours of street system activity.
Daily trip generation estimates must be provided. Information published by the Institute of Transportation Engineers (ITE) will generally be relied upon as a basis for estimating trip generation, although the Planning Board may allow or require a departure from the use of specific ITE averages where the Board determines that such departure is warranted by unique characteristics which may be present in the proposed project.
Allowance shall also be made for traffic which is expected to be generated by other projects already approved or under construction within the Town or within neighboring communities, as well as an additional allowance for general regional traffic volume changes.
Estimated traffic generation must be distributed throughout the access network in accordance with clearly stated distribution assumptions determined acceptable by the Planning Board.
The capacity analysis of the intersections or mainline highway section roadway system shall be calculated both with and without site-generated traffic. In analyzing such capacity, the applicant shall use methods generally recognized by national authorities, such as the Transportation Research Board of the National Academy of Sciences, and/or methods accepted by the New York State Department of Transportation. Traffic capacity estimates may take into account improvements planned by the applicant or by others, provided that, in either case, a specific commitment to construct such improvements has been made.
In determining overall intersection level of service at signalized intersections, optimum practical signal timing may be assumed. Overall intersection level of service shall be determined, for both signalized and unsignalized intersections, based upon a volume-weighted average of each intersection approach level of service.
Review procedures. As a part of site plan review of an application for the establishment of a use which, in the Planning Board's judgment, could have potentially objectionable external aspects and therefore be subject to these performance standards, the Planning Board may require the applicant, at his or her own expense, to provide such evidence as it deems necessary to determine whether the proposed use will comply with these standards.
Purpose and intent. The conduct of small-scale low-impact business and professional uses on residential properties shall be permitted under the provisions of this section. It is the intent of this section to:
Ensure the compatibility of home occupations with other uses;
Maintain and preserve the rural and historic character of the Town; and
Allow residents to engage in gainful employment on their properties while avoiding excessive noise, traffic, nuisance, fire hazard, and other possible adverse effects of nonresidential uses.
Criteria and standards.
Home occupation as use permitted by right. Home occupations shall be permitted uses if they are in compliance with the following criteria and standards:
The home occupation may be conducted only by residents of the dwelling unit plus no more than two nonresident assistants or employees at any one time. A home occupation may be conducted within a dwelling unit and/or within accessory structures. An area no larger than 30% of the floor space of the primary dwelling unit may be occupied by the home occupation, up to a maximum of 1,000 square feet.
A home occupation shall be incidental and secondary to the use of a dwelling unit for residential purposes. It shall be conducted in a manner which does not give the outward appearance of a business, does not infringe on the right of neighboring residents to enjoy the peaceful occupancy of their dwelling units, and does not alter the character of the neighborhood.
Signs used in conjunction with a home occupation shall not be animated or illuminated and shall not exceed three square feet.
Parking shall be adequate for nonresident employees and customers or clients. No business vehicle larger than 12,000 pounds gross vehicle weight may be parked regularly in a location visible from a public road or neighboring properties.
Automobile and truck traffic generated shall not be greater than the volume of traffic that would normally be generated by a residential use, unless the residence is located on New York State Routes 22, 44, or 343.
There shall be no exterior storage of materials, equipment, vehicles, or other supplies used in conjunction with a home occupation, unless screened from the road and from other properties.
No offensive appearance, noise, vibration, smoke, electrical interference, dust, odors, or heat shall occur. The use of substances in a manner which may endanger public health or safety or which pollute the air or water shall be prohibited.
More than one home occupation may be conducted on a lot, provided that the combined impact of all home occupations satisfies these criteria and standards.
Home occupation by special permit.
A home occupation occupying an area greater than that permitted in Subsection B(1)(a) above or employing more than two nonresident employees may be allowed by special permit, provided that it satisfies all criteria for the granting of special permits as well as the criteria and standards in Subsection B(1)(a) through (h) above. Such criteria shall become standard conditions of the special permit. In no case shall the area occupied by a home occupation allowed by special permit exceed the lesser of 40% of the floor space of the primary dwelling unit or 2,000 square feet.
A special permit granted for a home occupation shall include a condition requiring the operator to obtain an annual operating permit from the Code Enforcement Official at a cost of $75 per year beginning in the second year of operation. Such operating permit shall be granted after the Code Enforcement Official inspects the premises and finds the home occupation to be in compliance with all conditions of the special permit.
In any development in which workforce housing is provided in order to obtain a density bonus [see § 121-20C(4)] or where workforce housing is mandated by any other provisions of this chapter (see §§ 121-16, and 121-42P) or by the Subdivision Law,[1] such housing shall comply with the following requirements. The provisions of this section shall not become effective until the Town Board has adopted a program for administering them and has passed a resolution certifying that the Town is prepared to administer the provisions of this § 121-42 as provided in Subsection L below. Applicants shall, however, be required to submit plans showing compliance with this section in anticipation of its coming into effect prior to the time their applications receive final approval. If at the time of final approval of an application, the Town Board has not certified the Town's readiness to administer this program, applicants shall be discharged from the requirements of this § 121-42. An applicant may choose to take advantage of incentives for workforce housing by postponing construction of workforce housing units and any bonus units related to them until the Town has adopted the program described in Subsection L.
Purpose and intent. The Town Board of the Town of Amenia recognizes that people with moderate incomes who work in Amenia and/or provide volunteer services to the Town lack opportunity to find housing that is affordable to them within the Town. The Town Board further recognizes that there is a need to encourage the construction of housing units for rental or sale in the Town of Amenia that will be affordable to moderate-income residents and to ensure that these units remain affordable in perpetuity for the benefit of the current and future workforce and residents of Amenia.
Definition of "workforce housing unit." As used throughout this section, the term "workforce housing unit" refers to a single or multifamily housing unit that is owned or rented by an eligible household, as defined herein, and priced to be affordable to moderate-income households whose members live and/or work in the Town of Amenia and who cannot otherwise afford market rate housing.
Development standards.
Physical integration. All workforce housing units must be physically integrated into the design of the development and constructed with the same quality building materials as the market rate units. The exterior finishes for workforce housing units shall be indistinguishable from all other units. The developer may, however, substitute different appliances and interior hardware or other interior finishes where such substitutions would not adversely impact the livability of the unit. All electrical appliances shall bear the "energy star" rating, and no unit may use electric heat or hot water. The workforce housing units shall be integrated with the market rate units to the extent practical. The Planning Board may waive this requirement where an applicant proposes to build workforce housing units off site in locations identified as appropriate for such housing in the Comprehensive Plan.
Dwelling unit type and size. Workforce housing units may be located in multifamily, single-family attached, or single-family detached dwellings and may be studio, one-, two-, three-, or four-bedroom units.
Minimum floor area. The gross floor area per workforce housing unit shall be no less than the following:
Unit Type
Minimum Floor Area
(square feet)
4-bedroom or more
For any project that will be built in phases, the following schedule shall apply for all workforce housing units:
Percentage of Market Rate Units Receiving Certificates of Occupancy
Percentage of Workforce Units Receiving Certificates of Occupancy
Up to 25%
0 (none required)
25% +1 unit
At least 10%
At least 50%
At least 75%
Certificates of occupancy shall be issued for market rate units when the required percentage of workforce housing units for the respective phase has been completed and a certificate of occupancy have been issued for the workforce housing units.
Waiver of recreation fee and other requirements. When a recreation fee is calculated in lieu of an approved reservation of recreation lands, the Planning Board may calculate such fee based on the total number of dwelling units exclusive of those which are workforce housing units.
Determining applicant eligibility.
Income limits. To be eligible to purchase or rent a workforce housing unit, the household's aggregate annual income shall not exceed 80% of the Dutchess County median for owner-occupied units, and 50% for rental units, based upon the Dutchess County median family income.
Other assets.
Any family with net assets exceeding 50% of the cost of a two-bedroom workforce housing unit shall be ineligible to own or rent a workforce housing unit. This limitation shall not apply to any household consisting of only senior citizens over the age of 65, provided that the household meets the income qualifications and that the members' net assets do not exceed 150% of the purchase price of a two-bedroom workforce housing unit.
Any non-income-producing assets may be assigned an income-producing value and included as income by the reviewing agency when determining eligibility.
Minimum income. The Town Board shall, by resolution, establish annually the minimum income requirements for a household to be considered eligible for the workforce rental and owner-occupied housing programs.
Selection priorities.
Once an applicant is determined to be eligible to participate in the workforce housing program based on income limits as set forth above, preference will be given to applicants on the basis of the following factors. An "applicant" shall be defined to include any and all family members who have reached the age of majority and who will occupy the workforce housing unit as his/her primary residence. Applicants seeking preference based on voluntary service or employment must provide a certification letter from an authorized person within such organization attesting to the applicant's length of volunteer service or employment.
Volunteer Fire Department or Ambulance Corps members serving the Town of Amenia, with a minimum of six months' consecutive active service: three points; maximum six points per family.
Paid emergency service personnel serving the Town of Amenia, including police, fire and emergency medical services, with a minimum of six months' employment: two points; maximum four points per family.
Town of Amenia municipal employees, minimum of six months: two points; maximum four points per family.
School district employees for any schools that provide educational services to students who live in Amenia, minimum of six months' employment: two points; maximum four points per family.
Veteran of U.S. Armed Services, honorably discharged: one point; maximum two points per family.
Persons employed in the Town of Amenia: one point; maximum three points per family.
Residents of the Town of Amenia who have lived in Amenia for at least three years: one point; maximum two points per family.
Former residents of the Town of Amenia who can document that they lived in Amenia for at least five years: one point; maximum two points per family.
Dutchess County residents for at least three years, not residing in Amenia: one point; maximum one point per family.
All other income-eligible households not covered above: one point; maximum one point per family.
In the event that two or more households have the same priority score, a lottery shall be held to determine the priority ranking among the households.
Occupancy requirements.
Standards. To prevent overcrowding or underutilization of workforce housing units, at the time of purchase or rent, the following schedule of occupancy shall apply:
Number of Bedrooms
Number of Persons
0 (studio)
Residency. All workforce housing units shall be the primary residence of the owners or renters. Owners may not rent their unit to others, and renters may not sublet their unit, except that one-year subleases shall be permitted if the household is required to move temporarily for reasons of employment, health, or family emergency, not to exceed a total of two years. These restrictions shall not apply to the developer of the workforce housing units.
Initial sale and resale of workforce housing units.
Calculation of initial sales price. Maximum sale price shall be set by resolution of the Town Board on an annual basis after review of relevant information that may be provided by federal, state, and county housing agencies, as well as by developers. The initial sales price of a unit shall be calculated such that the annual cost of the sum of principal, interest, taxes and insurance (PITI) and common charges, as applicable, shall not exceed 30% of the maximum family income allowed for such unit under § 121-42D(1) above. Maximum sale prices shall be set in such a manner that eligible households will have sufficient income to qualify to purchase such units.
Resale of workforce housing units.
Workforce housing units shall only be resold to eligible moderate-income households of similar size, consistent with the Town's point system for establishing priority.
The owner of a workforce housing unit shall notify the Town Board, or an appropriate department as may be designated by the Board, of his or her intent to sell prior to contact with any realtor or purchaser.
The maximum base resale price shall be set by resolution of the Town Board on an annual basis. The maximum base purchase price shall be calculated to include the purchase price of the workforce housing unit adjusted for the increase in the consumer price index (CPI to be recommended by the Dutchess County Department of Planning and Development) during the period of ownership. In addition to the base purchase price, the maximum permitted resale price shall also include the cost of permanent fixed improvements made by the homeowner (not to exceed 5% of the home's value per year of ownership) and necessary resale expenses.
The original deed and any subsequent deeds or instruments used to transfer title to a workforce housing unit shall include a provision indicating that the housing unit is a workforce housing unit subject to perpetual restrictions on occupancy and resale. The following paragraph must be included in all deeds and other transfer instruments: "This dwelling has been constructed for use by moderate-income families pursuant to a special workforce housing program established under the Amenia Town Code. All future sales, resale or rental of this dwelling in perpetuity must be to a person who is determined to be eligible pursuant to the criteria and priority system set forth in the Amenia Town Code and at a price determined in accordance with the Town's workforce housing program."
Initial lease and renewals of workforce housing rental units.
Calculating permissible rent. Maximum monthly rent, including utilities (heat, hot water and electric), shall be set annually by resolution of the Town Board for each type of rental unit (studio, one-bedroom, two-bedroom, etc.), for each household size, and shall be amended from time to time after review of relevant information that may be provided by federal and state housing departments, as well as by developers. Rent for a workforce housing unit shall include an estimated cost for utilities and shall not exceed 30% of the maximum family income allowed for such unit. Maximum rent shall be set in such a manner that the eligible households will have sufficient income to qualify to rent such units.
Lease terms and renewal. Applicants for workforce housing rental units shall, if eligible and selected for occupancy, sign leases for an initial term of one year. As long as the household remains eligible and has complied with the terms of the lease, the household shall be offered a one-year renewal every year. If at the time of renewal the household's annual gross income exceeds the maximum income limit as set by the Town Board, such household shall be offered a market rate rental unit in the development, if available. If no such unit is available at a rental price that the household can afford, the household may renew the lease at the workforce housing rental rate for one more year, subject to the condition that should a market rate unit become available, the household shall be required to move to such unit. At the end of the lease for such additional year, the household shall have no further right to reside in the workforce housing unit at the restricted workforce housing rent. At that time, the landlord shall have the option of increasing the rent of the unit to a market rate, provided that the landlord makes a comparable unit available to another eligible household at the restricted workforce housing rental rate.
Town Board review. All lease terms shall be reviewed and approved periodically by the Town Board or an appropriate department as designated by the Board.
Maintenance, upkeep and repairs.
All workforce housing units shall be maintained in a satisfactory manner as prescribed by the Town Board or by an appropriate department as may be designated by the Board. Neither owners nor renters of workforce housing units shall make any improvements which require a building permit without prior written permission from the Town Board or an appropriate department as may be designated by the Board. Under no circumstances shall the Town Board or any agency or department approve any addition in size to the structure. The original square footage of the unit shall be maintained throughout the unit's existence.
All workforce housing units shall be maintained at least at the original builder's specification level. At the time of resale, the Town Board may determine that the unit has not been properly maintained and shall be authorized to impose such assessments as necessary to reasonably return the unit to its original condition. Said assessment shall be deducted from that portion of the selling price reverting to the seller of the unit.
Tax assessment. The Town Assessor shall consider the limited resale value of workforce housing units when determining the appropriate assessment on such units.
Incorporation of conditions of approval. Any special permit, site plan, or subdivision approval involving the creation of workforce housing under this § 121-42 shall include specific conditions referencing the requirements of this section, which shall also be noted on any approved site plan or subdivision plat and incorporated in any deeds, as required by Subsection G above. In any phased development, such conditions shall also establish a phasing schedule to ensure that any required workforce housing units are built or fees in lieu of building such units are paid on a pro rata basis as the development is built out. Such schedule may provide flexibility for the substitution of a fee in lieu for construction of units at a later date.
Administration. The Town Board shall appoint a Housing Board, which shall administer the workforce housing program. The Town Board may also hire staff or contract with Dutchess County or a qualified not-for-profit organization, government agency, or private consultant to administer all or a portion of the workforce housing program under the direction and oversight of the Housing Board. The following list identifies the responsibilities and duties of the Housing Board:
Accept and review applications.
Maintain eligibility priority list, annually certify and recertify applicants.
Establish lottery procedures for selecting applicants who have equal priority.
Assist the Town Board/Planning Board in determining and reviewing applications to build workforce housing units.
Recommend annual maximum income limits; rental prices; resale values.
Review certification from owners and lessors of rental units certifying that units are occupied by eligible families.
Maintain list of all workforce housing units in the Town.
Review all deed restrictions for workforce housing units.
Review all lease terms for workforce housing units.
Promulgate rules and regulations as necessary.
Appeals. Any person aggrieved by a decision of the Housing Board may appeal such decision to the Town Board.
Fee to be paid in lieu of providing workforce housing.
[Amended 8-28-2014 by L.L. No. 2-2014]
Purpose and intent. The Town Board hereby implements § 121-42N by establishing a fee to be paid into a dedicated Town Workforce Housing Trust Fund as an alternative to the construction of workforce housing where such housing is either mandated or available as a condition of a density bonus and by authorizing the creation of a Town Workforce Housing Trust Fund for the purpose of receiving funds from payments and/or fees and/or gifts collected or received by the Town pursuant to the Town's Workforce Housing Law and this section.
Town Workforce Housing Trust Fund.
There is hereby authorized to be created, pursuant to § 10 of the New York State Municipal Home Rule Law, a Town Workforce Housing Trust Fund ("Workforce Housing Trust Fund") for the purpose of receiving funds from payments and/or fees collected by the Town pursuant to the Town's Workforce Housing Law and this section establishing a fee to be paid in lieu of providing workforce housing and funds from any gifts for the purpose of providing workforce housing. Deposits into the Workforce Housing Trust Fund shall include, at a minimum, all revenues from payments and fees collected by the Town pursuant to the Town's Workforce Housing Law and this section and any gifts for the purpose of providing workforce housing.
Such Workforce Housing Trust Fund shall be a segregated municipal fund administered by the Town Board. The Workforce Housing Trust Fund shall be used exclusively to provide for the acquisition, purchase, planning, development, construction, improvement, rehabilitation, sale or resale, rental, subsidy, support, or other legal means of creating or supporting more workforce housing for income-qualified households within the Town and/or to provide or make capital improvements to water and/or sewer infrastructure to the hamlets of Amenia or Wassaic, provided that the Town Board, after consultation with the Town Housing Board ("Housing Board"), shall determine that such contribution to such infrastructure substantially advances the Town's goal of increasing the availability of workforce housing for the persons who are the intended beneficiaries of the workforce housing program as described in § 121-42.
Interest earned or accrued on moneys deposited in the Workforce Housing Trust Fund shall be credited to and become part of said fund. Pending expenditures from such Workforce Housing Trust Fund, moneys therein may be invested in the manner provided by law.
Except as previously set forth herein, in no event shall moneys deposited in the Workforce Housing Trust Fund be transferred to any other account unless such transfer shall be determined by the Town Board, after consultation with the Housing Board, to be in furtherance of the workforce housing goals of the Town as set forth in § 121-42.
Costs of administering the Workforce Housing Trust Fund as it is applied toward advancing the workforce housing program shall not exceed 10% of the average fund balance for each calendar year.
Fee. The Town Board hereby establishes a fee to be paid into the Workforce Housing Trust Fund as an alternative to the construction of workforce housing where such housing is either mandated or available as a condition of a density bonus. Fees paid as an alternative to the construction of workforce housing shall be paid to and deposited into the Town of Amenia Workforce Housing Trust Fund.
After review and consideration of the provisions of § 121-42, consultation with the Housing Board, review and consideration of an economic analysis performed at the request of the Town Board, and the standard of practice that workforce housing units be of the same or similar quality and size as the market rate units, the Town Board establishes a fee to be paid into the Workforce Housing Trust Fund in lieu of providing workforce housing as follows:
For each workforce housing unit that would be required to be built pursuant to § 121-42 consisting of two or fewer bedrooms, a fee of $11,000 (i.e., per-unit fee); and
The Town Board hereby reserves the right, in its sole discretion, to annually review, obtain a new analysis of, reconsider, recalculate, and revise the amounts of fees to be paid in lieu of constructing workforce housing, as set forth herein, due to market changes or any other factors.
Where an applicant for a phased development shall elect to pay a fee in lieu of constructing workforce housing ("the fee in lieu") in accordance with a phasing schedule as described in § 121-42C(4), the applicant shall be obligated to pay the fee in lieu in effect at the time payment is made into the Workforce Housing Trust Fund for that portion of workforce housing units which would then be due pursuant to the phased schedule set forth in § 121-42C(4); however, the applicant, alternatively, may elect to pay the fee in lieu at an earlier time in accordance with the fee-in-lieu schedule in effect at the earlier time of payment.
In accordance with the provisions of § 121-42C(4) of the Zoning Law, certificates of occupancy may be issued for the market rate units only after payments for the fee in lieu of constructing workforce housing have been made into the Workforce Housing Trust Fund for the required percentages of units set forth in the phasing schedule of § 121-42C(4).
Financial guarantee or security. The Town Board has the right to require the posting of a financial guarantee and/or security to the satisfaction of the Town Board to ensure timely payments required as an alternative to the construction of workforce housing.
Exception for employee housing. An applicant may satisfy the workforce housing requirements of this § 121-42 by providing housing for persons or families who have at least one member employed on the same property or on another property in the same ownership within Amenia. In such a case, the income and other eligibility requirements in this § 121-42, including the selection priorities in Subsection E, shall not apply to such employees. However, in order for such employee housing to qualify as workforce housing under this section, the applicant must place a restrictive covenant on the employee housing property declaring that in the event the housing is not used for employee housing, it shall be subject to all of the requirements in Subsections D through H of this § 121-42.
Mandatory workforce housing.
In any development of 10 or more dwelling units, at least 10% of the units shall be classified as workforce housing under this § 121-42. In computing this number, fractional units of 0.5 or more shall be rounded up. The workforce housing units shall be added to the allowable unit count allowed pursuant to this chapter. For example, if an applicant is permitted to build 25 dwelling units under this chapter, the applicant shall be required to build at least three workforce housing units in addition, bringing the total unit count to 28.
The applicant may, instead of building the workforce units on site, substitute one or more of the following alternative measures, if such measures are consistent with the Town of Amenia Comprehensive Plan and the purposes of this § 121-42:
Pay a fee in lieu of constructing the workforce housing units as provided in Subsection N above.
Construct the required housing units in another location.
Place a restrictive covenant that satisfies the requirements of Subsection G(2)(d) above on one or more existing dwelling units located on the same property or on adjoining property.
Make a substantial contribution toward the cost of providing water and/or sewer infrastructure to the Hamlet of Amenia or Wassaic. In order to allow this contribution to substitute for satisfying the workforce housing requirement, the Planning Board must find that:
The contribution substantially advances the Town's goal of providing such infrastructure; and
Recreation fee. New workforce housing units shall be exempt from recreation fee requirements that would otherwise apply.
New driveway entrances (including the conversion of farm roads into residential or commercial driveway entrances) shall require permission from the Town Superintendent of Highways for Town roads, the Dutchess County Department of Public Works for county roads, or the New York State Department of Transportation for state roads.
Drive-up windows shall require site plan review. Street access points and queueing areas shall be sited in a manner that does not create safety hazards to pedestrians or motorists and that does not increase traffic congestion on existing streets.
Drive-up windows shall be permitted only in the HC District.
Restaurant drive-up or drive-through windows shall be prohibited.
Mobile home parks.
New mobile home parks shall be permitted only within mapped MHO districts.
Existing mobile home parks not located in an MHO district may be continued as provided in Article VI, and new mobile homes may be installed pursuant to plans approved before the enactment of this § 121-44. The expansion of an existing mobile home park shall be allowed by special permit, provided that the mobile home park is included in a mapped MHO district.
New mobile home parks may be permitted in the MHO District provided that they obtain a special permit from the Planning Board and fully comply with all standards for conservation subdivisions, except as follows:
The number of permitted homes in any mobile home park shall be determined as provided by the formula in § 121-20B, using three dwelling units per acre as the maximum allowable density.
The minimum protected open space shall be 30%.
The development shall provide playground and recreational facilities for the use of residents.
The maximum number of mobile homes in any mobile home park shall be 60.
The minimum parcel size shall be 10 acres.
All mobile homes shall be screened from view from public roads and other publicly accessible land.
All mobile homes shall be set back at least 100 feet from property lines.
All new mobile home parks and expansions of existing mobile home parks shall be required to comply with all applicable state and federal regulations and all applicable special permit and site plan review standards and criteria in this chapter. If the mobile home park will involve the creation of separate lots, the Town of Amenia Subdivision Law (Chapter 105) shall apply.
Individual mobile homes outside of mobile home parks.
Individual mobile homes permanently located outside of mobile home parks shall be prohibited, except in connection with farm operations as provided in Subsection E.
Nonconforming mobile homes may be replaced by mobile homes that comply with currently applicable federal and state building standards.
Temporary mobile homes. An owner of land located within the Town of Amenia and who intends in good faith to construct a dwelling thereon for his own occupancy may be granted a permit to place a mobile home on such land during the construction of the dwelling not to exceed a period of one year. A mobile home may also be temporarily placed on any lot for a period not to exceed one year in the event of major damage to or destruction of a dwelling located on such lot. To the extent practicable, such temporary mobile homes shall comply with the provisions of this section, except that such homes may be installed without permanent footings. After one year, the Code Enforcement Official shall send notice to remove the temporary mobile home or to apply for an extension not to exceed one additional year in the event that construction, repair, or reconstruction of the residence has not been completed. No further extension shall be granted, unless the Planning Board, after an examination of the facts and after providing the applicant an opportunity to be heard, may, upon finding a hardship or extenuating circumstances, grant a further extension of the permit if denial would work a hardship.
Construction trailers. Construction trailers may be placed temporarily (without permanent footings) on construction sites for a period not to exceed the construction period, if allowed pursuant to a special permit, site plan, variance, or subdivision approval. Such trailers may be used for office, storage, or workshop space, and shall not be used for residential purposes.
Farm operations. Mobile homes shall be permitted by right on farm operations, provided that they comply with all state and federal standards and satisfy all applicable health regulations. Such mobile homes shall be located within the boundaries of the farm parcel operated by the applicant farm operator, subject to the following conditions:
The mobile home shall be used exclusively for the housing of a farm employees and the immediate family of such employees.
Such employees shall be employed full-time in the occupation of the applicant farmer and derive the majority of their annual income from employment in agricultural operations on the farm.
The mobile home(s) shall be placed in such a manner and/or position or location that observation by adjoining property owners will be minimized.
The number of tents, trailers, houseboats, recreational vehicles, or other portable shelters in a camp shall not exceed the number of single-family dwellings which could be erected on such premises in a conservation subdivision. Camp structures shall be set back at least 250 feet from property lines, unless the property line is the shoreline of a stream, in which case the setback requirements of § 121-14D shall apply.
No telecommunications tower shall be constructed, maintained or used unless in conformity with this section. No telecommunications tower shall hereafter be erected, moved, reconstructed, expanded, changed or structurally altered unless in conformity with this section. The construction, maintenance, use, erection, movement, reconstruction, expansion, change or structural alteration of telecommunications towers shall be governed by this section, and any provisions of this chapter which are inconsistent with this section shall be superseded by the terms of this section. Nothing herein shall be construed to apply to, prohibit, regulate or otherwise affect the erection, maintenance or utilization of antennas or support structures by those licensed by the Federal Communications Commission pursuant to 47 CFR Part 97 to operate amateur radio stations.
Purpose. The purpose of this section is to promote the health, safety and general welfare of the residents of the Town of Amenia ("Town"); to preserve the scenic, historic, natural and man-made character and appearance of the Town, while simultaneously providing standards for the safe provision, monitoring and removal of wireless telecommunications towers and facilities consistent with applicable federal and state regulations; to minimize the total number of telecommunications towers in the community by encouraging shared use of existing and future towers and the use of existing tall buildings and other high structures; to minimize adverse visual effects from telecommunications towers by requiring careful siting and configuration, visual impact assessment and appropriate landscaping to provide a procedural basis for action within a reasonable period of time for requests for authorization to place, construct, operate or modify telecommunications towers; and to encourage camouflaging of telecommunications towers.
Use regulations. Telecommunications towers and facilities, if permitted by the Use Table in § 121-10,[1] shall require one of the following: a building permit only [see Subsection B(1) below]; a building permit and site plan approval of the Planning Board [see Subsection B(1)(a)[5] below]; or a building permit, site plan approval of the Planning Board and special permit approval of the Zoning Board of Appeals, as provided in the remainder of this § 121-46.
Location or co-location.
The location or co-location of communication equipment on an approved communications tower or a tall structure is a permitted use subject to the issuance of a building permit, provided that the Code Enforcement Official determines that the location or co-location does not:
Increase the original approved height of the supporting structure by more than 15%;
Cause the original approved number of antennas to be exceeded by more than 50%;
Increase the original approved square footage of accessory buildings by more than 200 square feet;
Add new or additional microwave antenna dishes; and
Expand the footprint of said support structure or cause adverse impacts on the existing support structure or the surrounding area.
If the Code Enforcement Official cannot make these findings, site plan approval will be required from the Planning Board, and the Code Enforcement Official shall refer the matter to the Planning Board.
New telecommunications tower construction, or modification, reconstruction or enlargement of such towers, is subject to obtaining a special permit from the Zoning Board of Appeals pursuant to Article IX of this chapter, as well as the standards and requirements hereafter established in this section. Applications for a special permit under the subsection shall be a Type I action under the State Environmental Quality Review Act.
Construction of telecommunications towers shall comply with the Code of Federal Regulations pertaining to objects affecting navigable airspace as delineated with Federal Aviation Regulation (FAR) Part 77. Additionally, no application for construction of a telecommunications tower will be approved if the proposed tower violates the criteria for obstructions to air navigation as established by FAR Part 77.
Pending applications. Applications to construct, or co-locate on, a communications tower pending before any Board of the Town at the time of initial adoption of this section shall continue to be processed to minimize delay and expense to the applicant as much as possible. Information already on file with the reviewing Board shall be used to the extent applicable to satisfy submission requirements under this section. Any additional information required by this section shall be specified, upon request of the applicant, by the reviewing Board within 45 days after request. All pending applications shall be decided under the provisions of this section. If a public hearing has already been held on the application, no further public hearing shall be required except as may be required in the discretion of the reviewing board or agency. If a public hearing has not been held, then a public hearing shall be held as required under the terms of this section.
Requirements for co-location proposals. At all times, shared use of tall structures and existing or approved communications towers shall be preferred to the construction of new telecommunications towers.
Applications pursuant to Subsection B(1) shall be made to the Code Enforcement Official and shall include the following:
A completed application for a building permit.
Documentation of consent from the owner of the existing facility to allow shared use.
A New York State licensed engineer's report certifying that the proposed shared use will not diminish the structural integrity and safety of the tall structure and explaining what modifications, if any, will be required in order to certify to the above.
A copy of applicable Federal Communications Commission license.
A statement, certified by a New York State licensed engineer, that the installation of the proposed antenna will not interfere with the radio, television or other wireless services enjoyed by residential and nonresidential properties or with public safety communications in proximity to the site.
Applicants that do not meet the requirements of Subsection B(1)(a)[1] through [5] shall provide, in addition to the requirements of Subsection B(1)(a)[1] through [5], a site plan which shall show all existing and proposed structures and improvements, including antennas, roads, buildings, guy wires and anchors, parking and landscaping, grading plans for new facilities and roads, and such other information as the Planning Board deems appropriate in its review of the application. Any methods used to conceal the modifications of the existing facility shall be indicated on the site plan.
Requirements for new telecommunications towers.
The Zoning Board of Appeals may consider a special use permit request to locate a new telecommunications tower if the applicant can demonstrate that shared use of existing tall structures and existing or approved communications towers or communications tower sites are undesirable due to structural deficiencies; provide documented evidence that a site is unavailable because the owner is not willing to participate in a lease or ownership agreement; provide documented evidence that the site will not work from a technological aspect; or demonstrate that the applicant's proposed location or co-location on the site would have an adverse impact on the surrounding area. An applicant for a new telecommunications tower shall also obtain site plan approval from the Planning Board and shall submit a completed full environmental assessment form (EAF) and a completed visual EAF addendum to the Planning Board and Zoning Board of Appeals. An applicant shall be required to present an adequate report with an inventory of all existing tall structures and existing or approved communications towers within a two-mile radius of the proposed site. The site inventory shall include a map showing the exact location of each site inventoried, including latitude and longitude (degrees, minutes, seconds); ground elevation above sea level; and height of the structure and/or tower and accessory buildings on the site of the inventoried location. The report shall outline opportunities for shared use of these facilities as an alternative to a proposed new communications tower. The report shall demonstrate good faith efforts to secure shared use from the owner of each potential existing tall structure and existing or approved communications tower, as well as documentation of the physical, technical and/or financial reasons why shared usage is not practical in each case. Written requests and responses for shared use shall be provided. The report shall include the following information to permit the Town to evaluate the need for the new telecommunications tower site:
Information establishing the present need for the proposed tower. Special use permits are to be based on actual need and not on speculation of future needs.
RF signal coverage plots depicting the anticipated radio frequency coverage for the proposed site.
RF coverage plots depicting evidence that the proposed area to be provided coverage by the proposed new tower is currently deficient in radio frequency coverage.
The frequency spectrum (output frequency) to be used at the proposed site (cellular, personal communications systems, broadcast frequency, analog or digital, etc.). A copy of a current FCC license that authorizes the applicant to provide the specific service is required.
The type, manufacturer, model number of the proposed tower.
The height of the proposed tower, including the height of any antenna structure above the supporting structure of the tower.
The number of proposed antennas, type, manufacturer, model number, dB gain, size and orientation on the proposed tower.
Such other information as may be deemed necessary by the Board(s) so as to make a thorough evaluation of the applicant's proposal.
Applicants shall design proposed new telecommunications towers to accommodate future demand for reception and transmitting facilities. Applications for new telecommunications towers shall include an agreement committing the owner of the proposed new telecommunications tower, and its successors in interest, to negotiate in good faith for shared use of said tower by other providers of communications in the future. This agreement shall be filed with the Code Enforcement Official prior to issuance of a building permit. Failure to abide by the conditions outlined in the agreement shall be grounds for the revocation of a special use permit. The agreement shall commit the telecommunications tower owner and lessee and their successors in interest to:
Respond within 45 days to a request for information from a potential shared-use applicant.
Negotiate in good faith concerning future requests for shared use of the telecommunications tower by other providers of communications.
Allow shared use of the telecommunications tower if another provider of communications agrees in writing to pay reasonable and customary charges in the prevailing market. The charges may include, for instance, a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity and depreciation, and all of the costs of adapting the tower or equipment to accommodate shared use without causing electromagnetic interference.
Special permit review submission requirements.
Applications to the Zoning Board of Appeals for a special permit shall be made in accordance with Article IX and shall also include the following:
Information and documentation indicating and identifying areas within the Town where communications coverage by the applicant remains unsatisfactory. Applicants may be required to provide sufficient information to the Town so as to clearly identify and describe the applicant's communications coverage master plan or siting and/or communications coverage plan.
A qualified New York State licensed engineer's report regarding nonionizing electromagnetic radiation for the proposed site. Such report will provide sufficient information to detail the amount of radio frequency radiation expected from the proposed site. Additionally, the engineer's report will comply with FCC reporting criteria, as amended, for a cumulative report, reporting levels of anticipated exposure from all users on the site. The report must indicate whether or not the proposed telecommunications tower will comply with FCC emission standards.
A completed full environmental assessment form (EAF) and a completed visual EAF addendum.
Existing or before-condition color photographs (minimum size eight inches by 10 inches) of views of the site from key viewpoints both inside and outside of the Town, including but not limited to state highways and other major roads, state and local parks, other public lands, preserves and historic sites normally open to the public, scenic roads and scenic views identified in the Amenia Comprehensive Plan and from any other location where the site is visible to a large number of residents or visitors. The Zoning Board of Appeals shall determine the appropriate key viewpoints from which the site shall be photographed.
Proposed or after-condition simulations. Each of the existing condition photographs shall have the proposed wireless telecommunications facility superimposed upon it to show what would be seen from the key viewpoints if the proposed facility is built.
Within 21 days of filing an application for a special use permit, the applicant shall arrange for a balloon or crane test at the proposed site to illustrate the height of the proposed facility. The date, time and location of such test shall be advertised in a newspaper of general circulation in the Town at least 14 days, but not more than 21 days, prior to the test.
Special requirements for new telecommunications towers. Any special permit proposal for a new telecommunications tower shall be subject to the following standards:
Setbacks. Each proposed telecommunications tower and telecommunications facilities structure shall be located on a single lot and shall comply with applicable setback requirements. In addition, the following setback shall be observed: The minimum distance from the base of any new tower to any property line, road, dwelling, business or institutional use or public recreation area shall be the height of the tower, including any antennas or appurtenances, in order to preserve a safe "fall zone," which is the area on the ground within a radius from the base of a tower where there is a potential hazard from falling debris (such as ice) or collapsing material.
Camouflage. New telecommunications towers shall be camouflaged as follows:
Camouflage by buffers of existing dense tree growth and understory vegetation in all directions to create an effective year-round visual buffer of sufficient height and depth to effectively screen the entire facility. Where the bulk of the facility is screened but portions remain unscreened, the Zoning Board of Appeals shall determine the types of trees and plant materials to be provided and depth of the needed increased buffer based on site conditions.
To the extent that any tower extends above the height of immediately surrounding vegetation, it shall be constructed to resemble or mimic a native coniferous species of tree so as to minimize the adverse visual and aesthetic impact, unless otherwise required by the Zoning Board of Appeals. Towers may also be camouflaged by other means such as new construction of a silo, flagpole, clock tower, bell tower, cross tower, steeple, or other innovative replication of a structure that would be consistent with the character of the community as determined by the Zoning Board of Appeals.
Tower design and height. Alternative designs shall be considered for new telecommunications towers, including lattice and single-pole structures. The design of a proposed new telecommunications tower shall comply with the following:
Any new telecommunications tower shall be designed to accommodate future shared use by other providers of communications.
Unless specifically required by other regulations, a telecommunications tower shall have a finish (either painted or unpainted) that minimizes its degree of visual impact.
Notwithstanding the height restrictions listed elsewhere in this chapter, the maximum height of any new telecommunications tower shall not exceed that which shall permit operation without artificial lighting of any kind or nature, in accordance with municipal, state and/or federal law and/or regulations.
The maximum height of a telecommunications tower in HC, OC, and M Districts shall be 120 feet above natural ground level, and in all other districts the maximum height shall be 70 feet above natural ground level.
The Zoning Board of Appeals may request a review of the application at the applicant's expense by a qualified New York State licensed engineer and/or consultant in order to evaluate the application. Fees for the review of the application by such engineer and/or consultant are in addition to the application fee and shall be the sole responsibility of the applicant.
Accessory structures shall maximize the use of building materials, colors and textures designed to blend with the natural surroundings. Accessory structures shall be limited to equipment shelters only and shall be designed to be architecturally similar and compatible with each other and shall be no more than 12 feet high. The buildings shall be used only for housing of equipment related to the particular site. Whenever possible, the buildings shall be joined or clustered so as to appear as one building. Equipment shelters shall be camouflaged behind an effective year-round landscape buffer equal to the height of the proposed building. The Planning Board shall determine the types of plant materials and the depth of the needed buffer based on site conditions.
No portion of any telecommunications tower or accessory structure shall be used for a sign or other advertising purpose, including but not limited to company name, phone numbers, banners and streamers, except for the following: A sign of no greater than two square feet indicating the name of the facility owner(s) and twenty-four-hour emergency telephone number shall be posted adjacent to any entry gate. In addition, "No Trespassing" or other warning signs may be posted on the fence. All signs shall conform to the sign requirements of the Town.
Towers must be placed to minimize visual impacts. Applicants shall place towers on the side slope of terrain so that, as much as possible, the top of the tower does not protrude over the ridgeline, as seen from public ways. Alternative designs shall be considered for new telecommunications towers, including lattice and single-pole structures.
Wireless telecommunications towers and facilities shall be designed by a New York State licensed engineer to withstand overturning and failure. In the event of failure, towers and facilities shall be designed so that they will fall within the setback area of the site and/or away from adjacent residential properties. The Zoning Board of Appeals shall require a foundation design and certificate of safety from the carrier to document structural soundness.
Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible. No cutting of trees shall take place on a site connected with an application made under this section prior to the approval of the special use permit. Exceptions to tree cutting may be made on a case-by-case basis prior to approval of the special use permit for visual assessment activities specified in Subsection E, but such activity does not commit the respective board to approve the application.
Screening. Deciduous or evergreen tree plantings may be required to screen portions of the telecommunications tower and accessory structures from nearby residential property as well as from public sites known to include important views or vistas. Where a site adjoins a residential property or public property, including streets, screening suitable in type, size and quantity shall be required by the Planning Board.
Noise. The applicant shall demonstrate to the approving board that adequate measures have been taken to screen and abate site noises such as heating and ventilating units, air conditioners and emergency power generators. Telecommunications towers and facilities shall comply with all applicable sections of the Town Code as it pertains to noise control and abatement.
Lighting. No exterior lighting of accessory buildings or accessways shall spill from the site in an unnecessary manner.
Access. Adequate emergency and service access shall be provided and maintained. Maximum use of existing roads, public or private, shall be made. Road construction shall, at all times, minimize ground disturbance and vegetation cutting to the toe of fill, the top of cuts, or not more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. To the extent feasible, all network interconnections to and from the telecommunications site and all power to the site shall be installed underground. At the initial construction of the access road to the site, sufficient conduit shall be laid to accommodate the maximum possible number of telecommunications providers that might use the facility.
Parking. Sufficient parking shall be provided to assure adequate emergency and service access. The Zoning Board of Appeals shall determine the number of required spaces, but in no case shall the number of parking spaces be less than two spaces.
Fencing. The telecommunications tower and any accessory structure shall be adequately enclosed by a fence, the design of which shall be approved by the Zoning Board of Appeals. This requirement may be relieved by the Zoning Board of Appeals if the applicant demonstrates that such measures are unnecessary to ensure the security of the facility.
Removal. Telecommunications towers and telecommunications facilities, including mounts, antennas, equipment shelters and security barriers, shall be dismantled and removed by the applicant or the owner of the subject premises when they are no longer used or needed for their original purpose or if a special use permit expires as provided in Subsection G. All applications for approval of new telecommunications towers shall be accompanied by a plan covering reclamation of the site after removal of the tower. No approvals shall be given under this article until all owners of the subject premises give the Town, in a form suitable to the Town Attorney, a recordable instrument, running with the land, granting the Town the right to enter upon the premises to dismantle and to remove the tower or facilities in the event of the owners' failure to comply within three months with a lawful written directive to do so by the Code Enforcement Official; and giving the Town the right, after fair notice and opportunity to be heard before the Town Board by the owner(s) of the premises, to charge the actual costs associated with disassembly or demolition and of removal, including any necessary and reasonable engineering or attorneys' fees incurred to carry out its rights hereunder, by adding that charge to and making it a part of the next annual real property assessment roll of the Town of Amenia to be levied and collected in the same manner and at the same time as Town-assessed real property taxes. The giving of such an agreement to the Town shall not preclude the Town from pursuing the alternative enforcement actions of seeking an injunction from a court of competent jurisdiction to compel removal, or seeking judgment to recover the costs, together with reasonable and necessary engineering and attorneys' fees, of dismantling and removal by the Town. The Town may secure removal of towers or facilities hereunder by requiring the applicant and/or the owner(s) of the premises to provide an undertaking and a continuing letter of credit covering the projected costs of dismantling and removal.
Proof of insurance. The applicant and the owner of the property where the communications tower is to be located shall provide the Town Clerk with proof of liability insurance in an amount not less than $3,000,000 to cover potential personal injury and property damage associated with construction and subsequent operation and maintenance, and the policies of insurance shall name the Town as an additional insured.
The applicant shall maintain the telecommunications facility in good condition, including, but not limited to, structural integrity of the mount and security barrier; painting; maintenance of stealth technology camouflaging; and maintenance of the buffer areas and landscaping. Telecommunications towers over 100 feet in height shall be inspected annually by a professional engineer licensed in New York State and a copy of the inspection report submitted to the Town of Amenia Code Enforcement Official.
Term of special use permits. Special use permits issued under this section shall expire 10 years after approval unless reissued by the Zoning Board of Appeals prior to said expiration date.
[Added 2-16-2012 by L.L. No. 1-2012]
Definitions. As used in this section, the following terms shall have the meanings indicated:
- A device which is used for the transportation of one or more persons or goods through the air, including, but not limited to, airplanes, blimps, dirigibles, helicopters, and gliders. However, "aircraft" does not include balloons or parachutes.
- An area for the landing, touchdown, or takeoff of an aircraft, including, but not limited to, an airport, airstrip, field, helipad, heliport, and helistop. Any use of an aircraft for landing, touchdown, or takeoff on private or public land in the Town of Amenia, except for emergency purposes, is covered by this definition.
Airfields prohibited.
Airfields are not a permitted use in any of the zoning districts in the Town of Amenia.
Emergency use exception. The landing, touchdown, or takeoff of an aircraft for emergency purposes, such as police, law enforcement, medical, fire, or natural disasters, shall be permitted in all zoning districts in the Town of Amenia. The Building Inspector is permitted to investigate any circumstances to verify such emergency use.
Existing airfields. An existing airfield may continue to be used after the effective date of this section if:
The airfield use commenced more than 15 years prior to the effective date of this section; and
Prior to December 31, 2002, the Town Board issued an airfield permit authorizing the continued operation of the airfield pursuant to Town of Amenia Local Law No. 5 of 2001; and
The airfield use has been continuously operated without abandonment since the issuance of the airfield permit by the Town Board and approval by the Commissioner of Transportation pursuant to § 249 of the General Business Law; and
Permit term; renewals.
An airfield permit issued pursuant to this section shall have a term of no more than five years.
An owner may apply to the Town Board for renewals of an airfield permit up to six months prior to the expiration of the prior permit. The airfield permit shall be renewed by the Town Board, provided that the owner has operated the airfield in compliance with the applicable rules and regulations of the Town and any regulatory body having jurisdiction over the operation of such an airfield.
The Town's permit to operate an airfield shall expire within three months of the transfer of ownership of the property on which the airport is situated unless the new owner shall have applied to the Town Board for a permit to continue operation.
Failure to timely submit an application for an airfield permit or a renewal airfield permit shall constitute an abandonment of any nonconforming use status afforded such airfield.
Timber harvesting shall be permitted by right subject to site plan review in all districts. The site plan submission requirements may be satisfied by presenting a forest management plan from a qualified professional forester, which shall be reviewed by a consulting forester retained by the Town at the applicant's expense. All timber harvesting plans shall comply with best management practices established by the New York State Department of Environmental Conservation and with the Scenic Protection Overlay District, if applicable. The Planning Board shall waive all site plan application and approval requirements that are not relevant to forest management and timber harvesting. The Planning Board shall not waive the requirement of performance guarantees necessary to ensure proper erosion control, stormwater management, reforestation, maintenance of on-site roads, and protection of off-site roads from damage resulting from timber harvesting, stormwater runoff, and trucking of timber.
The Town of Amenia finds that adult uses, as defined in Article XII, may have negative impacts upon the neighborhood and surrounding area where they are located. Such impacts include physical deterioration, disinvestment, and increased crime. Adult uses shall be allowed by special permit in the M District only. In addition to all applicable special permit and site plan criteria in Article IX, such uses shall satisfy the following additional standards:
No adult use shall be located within 1,000 feet of any single-family, two-family, or multifamily residence or of any school, day-care center, library, religious institution, park or other public recreation area, or recreational business.
No adult use shall be located within 1,000 feet of any other adult use.
No more than one freestanding sign, not exceeding 12 square feet, shall be permitted for an adult use in a location visible from a public street. Such sign shall be limited to the name and address of the business. One wall-mounted sign, not exceeding 12 square feet, shall be permitted on the building, provided that it complies with Subsection D.
Adult uses shall be set back at least 200 feet from all public rights-of-way and shall be screened from view by a buffer at least 50 feet wide consisting of trees and shrubs.
Maintenance of livestock on residential properties. Animals kept on residential properties, not as part of a farm operation as defined in this chapter, shall be limited as follows:
The land area required for keeping large animals shall be one acre, allocated to the residence, plus one acre per "large livestock unit" (LLU). One cow, horse, bison, pig, or similar large animal shall be considered one LLU. The following shall be considered as fractional LLUs:
The maintenance of small animals, such as raccoons, mink, rabbits, birds, snakes, geese, ducks, chickens, monkeys, dogs, cats, etc., shall not exceed 10 on a lot of less than two acres or 10 per additional acre on lots of more than two acres. Pens for such animals shall not exceed 5,000 square feet or 10% of the lot area, whichever is greater. These requirements may be modified by the Planning Board by special permit as provided below.
All animals shall be kept in secure pens or otherwise be under the continuous control of their owners to prevent them from straying off of the property on which they are kept.
The Planning Board may issue a special permit for maintenance of animals in greater numbers or larger pens than the maximum set forth above, provided that the applicant meets all conditions and satisfies applicable special permit criteria, that the Planning Board finds that adequate open space and facilities for the proper care of such animals are available and will be established, and that maintenance of such animals will not interfere with the reasonable use and enjoyment of the property of others.
Buildings, pens, or other structures housing animals shall be located 20 feet from any lot line and 35 feet from any road or highway. No manure may be stored within 250 feet of any property boundary line or watercourse.
In maintaining animals on a property, no person shall knowingly interfere with the reasonable use and enjoyment of the property of others.
No provisions of this section shall prohibit or regulate the keeping of dogs as household pets, provided that the number of dogs does not exceed four per residential lot.
No kennel as defined in § 121-74 shall be established within 200 feet of a developed residential parcel.
Limitations on solid waste management facilities. Solid waste management facilities, as defined in Environmental Conservation Law § 27-0701 and 6 NYCRR 360-1.2(b)(158), with the sole exception of municipally owned and operated facilities, shall be prohibited in the Town of Amenia.
Standards and enforcement. All industrial uses and municipal solid waste management facilities shall satisfy the following requirements. Nonconforming solid waste management facilities shall comply with these standards to the extent practicable.
All operations, including loading and unloading, shall occur within fully enclosed buildings with an impervious floor system. Any leachate shall be collected in an impervious collection system and hauled off site for disposal as required by applicable laws. There shall be no outdoor storage of hazardous materials or of materials regulated under 6 NYCRR Part 360 in a manner that could allow them to become airborne, leach into the ground, or flow into any watercourse.
No materials shall be disposed of into the ground, into the air, or into any watercourse, except pursuant to applicable permits and approvals issued by state and county health and environmental agencies.
Procedures shall be in place to inspect all materials upon arrival at the facility to ensure that they are appropriate to the permitted operation and to ensure that deliveries of materials that cannot be safely handled and processed at the facility are not accepted.
The applicant may be required to furnish an irrevocable letter of credit, certified check, bond, or other form of security guaranteeing to the Town of Amenia compliance with the standards in this Subsection B as well as any other standards, requirements, or conditions of any permit issued by federal, state, county, or local government agencies. The amount of such performance guarantee shall be based upon the potential cost of remediation in case of a violation.
Outdoor storage of junk. See Chapter 82 of the Code of the Town of Amenia for provisions on outdoor storage of junk.
Outdoor storage of personal property.
Boats, trailers, and seasonal or other recreational vehicles may be stored, maintained, or parked only in side or rear yards, unless vehicular access to such yards is not feasible. Construction equipment and other heavy equipment may not be stored, maintained, or parked in any location visible from adjoining properties or public roads, except for purposes of loading and unloading. The restrictions of this Subsection B shall not apply in the M, HC, and OC Districts.
Unless authorized by a special permit or site plan approved in connection with a business use, no commercial vehicle exceeding 10,000 pounds gross vehicle weight or 20 feet in box length shall be parked overnight in a residential district where it is visible from adjoining properties or public roads. The Planning Board may allow larger vehicles by special permit. This provision shall not apply to trucks used in connection with commercial agriculture, provided that parked trucks are set back at least 100 feet from property lines of adjacent landowners.
[Added 7-12-2012 by L.L. No. 3-2012]
Every person owning or having charge or control of any real property on which there exists a building or structure which is vacant shall maintain such building or structure in conformance with this section.
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- Any real property located in the Town which contains a building or structure which is vacant and any one or more of the following conditions exist:
- (1) There are unpaid real property taxes or water and sewer charges against the property for a period of one year or more.
- (2) Junk or debris has accumulated on the property or in the building or structure on the property.
- (3) The building or structure has unsecured openings.
- (4) There is evidence of insect, vermin or rodent infestation.
- (5) The Code Enforcement Official has determined that the building or structure has a negative visual impact on the surrounding neighborhood and/or caused a substantial depreciation in property values in the immediate neighborhood.
- (6) The Code Enforcement Official has determined that the building or structure contains one or more violations of any state or local law, ordinance, rule or regulation, and the owner has failed to correct such violations within six months of the date written notice of such violation is sent by regular first-class mail from the Code Enforcement Official to the owner.
- (7) The Code Enforcement Official has given written notice of the requirement to register pursuant to § 121-51.1C and the owner has failed to register the property within 30 days of such written notice.
- The definition of this term shall be the same as that contained in § 121-74.
- Consecutive calendar days.
- Any condition that, on its own or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions may include but not be limited to 1) overgrown and/or dead vegetation; 2) the accumulation of rubbish, garbage or debris on the property; 3) statements by neighbors, passersby, delivery agents or government agents that the property is unoccupied, among other evidence that the property is vacant.
- The legal proceeding by which real property is sold at a judicial sale to satisfy the debt on a loan secured by such real property.
- The creditor, including but not limited to service companies, lenders in a mortgage agreement and any agent, servant, or employee of the mortgagee, or any successor in interest and/or assignee of the mortgagee's rights, interests or obligations under a mortgage loan agreement.
- A written notice that a default has occurred under a mortgage and that the mortgagee intends to proceed with a foreclosure sale.
- Any person, copartnership, association, corporation, entity, or fiduciary having a legal or equitable title or any interest in real property.
- The person having title to the property according to the records of the Dutchess County Clerk.
- Any improved residential real property, or portion thereof, situated in the Town of Amenia, and includes all the buildings or structures located on the property.
- The Town of Amenia.
- Any property that is not legally occupied.
Registration. Whenever the Code Enforcement Official provides written notice to the owner of record, by registered or certified mail, of the existence of a vacant property, the owner of record shall, within 10 days of such notice, register said vacant property with the Town Building Department. This registration must be renewed every six months that the property remains vacant. The Town Board, by resolution, shall establish a fee schedule for the registering of such vacant property.
Form. The registration shall be submitted on forms provided by the Building Department and shall include the following information supplied by the owner or the mortgagee if the mortgagee has served a notice of default:
A description of the property, including the street address, the number and type of buildings or structures on the property and the Dutchess County tax parcel number.
The names and addresses of the owner or owners and the name and address of the mortgagee.
If the owner does not reside in Dutchess County, the name and address of any third party with whom the owner has entered into a contract or agreement for property management.
The names and addresses of all known lienholders and all other parties with an ownership interest in the property.
A telephone number where a responsible party can be reached at all times during business and nonbusiness hours.
Vacant property plan. At the time a vacant property is registered as required above, the owner or mortgagee shall submit to the Town Building Department a vacant property plan and obtain a vacant property permit pursuant to § 121-51.1I. The vacant property plan shall include the following information:
The length of time the owner, or mortgagee, expects the vacancy to continue.
The proposed rehabilitation or improvement to be made to the property so as to make the property suitable for its last use of record.
A form on which the owner, or mortgagee, grants permission to the Code Enforcement Official to enter and inspect the property.
A description of what will be done to secure the property and any buildings or structures thereon from becoming open to the general public.
Failure to file a vacant property plan and/or register. Should the owner or the mortgagee fail to 1) register the vacant property, 2) submit a vacant property plan or 3) comply with such vacant property plan after it has been submitted and approved by the Building Department, the property shall be deemed to be an abandoned property pursuant to § 121-51.1K, and the owner, or the mortgagee, shall be in violation of this section and subject to the violations and enforcement provisions contained in § 121-57.
Maintenance of vacant property. All vacant property shall at all times be properly maintained. Vacant property shall be considered properly maintained if all of the following conditions are satisfied:
All doors and windows and other openings of the buildings or structures on the property are weathertight and secured against entry by the general public as well as animals; and
All roof and roof flashings on the buildings or structures on the property shall be sound and tight such that no rain will penetrate the buildings or structures and appropriate drainage will be provided so as to prevent deterioration of the interior walls or other interior portions of the buildings or structures; and
The property must be maintained in good repair, free from rubbish, garbage, and other debris, and all buildings or structures thereon must be structurally sound; and
Structural members of the building shall be capable of bearing both live and dead loads, and the foundation walls likewise shall be capable of supporting an appropriate load; and
The exterior of the buildings or structures shall be free of loose or rotten materials as well as holes. Any exposed metal, wood or other surface shall be protected from the elements by appropriate weather-coating materials (paint or similar treatment); and
Any balconies, canopies, signs, metal awnings, stairways, fire escapes or other overhanging extensions shall be in good repair and appropriately anchored. The exposed metal and wood surface of such overhanging extensions shall also be protected from the elements against rust or decay by appropriate application of paint or similar weather coating; and
Any accessories or appurtenant structures, including but not limited to garages, sheds and other storage facilities, shall meet the same standards as those for buildings or structures contained in this section; and
All bushes, trees and grass must be neatly trimmed and an unobstructed view of the front of the house from the public roadway shall be maintained; and
The maintenance requirements contained in § 1307 of the New York Real Property Actions and Proceedings Law shall be complied with.
Vacant property permit. The Code Enforcement Official will issue a vacant property permit upon being satisfied that the property is properly registered pursuant to § 121-51.1C and properly maintained pursuant to § 121-51.1G. This permit shall be valid for a period of six months, at the end of which the inspection process must again be carried out by the Code Enforcement Official.
Mortgagee's requirement to register. Any mortgagee who holds a mortgage on real property located within the Town shall perform an inspection of the property which provides the security for the mortgage, upon default by the mortgagor, within 10 days of the issuance of a notice of default. If the property is found by the mortgagee to be vacant or to exhibit any evidence of vacancy, it shall be deemed an abandoned property, and the mortgagee shall, within 10 days of the inspection, register the property in accordance with § 121-51.1C above, submit a vacant property plan in accordance with § 121-51.1E above and obtain a vacant property permit in accordance with § 121-51.1I above.
If the property is occupied but remains in default, it shall be inspected by the mortgagee or the mortgagee's designee on a monthly basis until:
The mortgagor or other party remedies the default; or
The mortgagee discovers the property is vacant or exhibits evidence of vacancy, at which time it will be deemed an abandoned property, and the mortgagee shall, within 10 days of the inspection which results in the discovery of vacancy or evidence of vacancy, register the property in accordance with § 121-51.1C above, submit a vacant property plan in accordance with § 121-51.1E above and obtain a vacant property permit in accordance with § 121-51.1I above.
Certification of abandonment. Upon the Code Enforcement Official or his/her designee determining that a property is an abandoned property, he/she shall cause a certification of abandonment to be filed with the Building Department, and such certification of abandonment shall be served upon the owner of the property, and the mortgagee if the mortgagee has served the owner with a notice of default, either personally or by posting a copy of the certification of abandonment in a conspicuous place on the property and by mailing a copy by registered or certified mail to the owner's (owners') last known address and to the address of the mortgagee.
Upon the Code Enforcement Official filing a certification of abandonment, the Code Enforcement Official may, without further notice to the owner, take necessary steps to ensure the property and/or any structures thereon are properly maintained pursuant to § 121-51.1G. The owner, or the mortgagee if the mortgagee has served the owner with a notice of default, shall be responsible for any costs incurred by the Town under this section, and the Town shall be entitled to recover such costs from an owner or mortgagee by any means authorized by law.
The owner of an abandoned property may petition the Building Department to remove the certification of abandonment by providing proof to the Code Enforcement Official that the basis of the Certificate of Abandonment no longer exists and the owner is in compliance with this section.
Establishment of list. The Code Enforcement Official is hereby directed to compile and maintain a list of all abandoned properties.
In addition to generally applicable special permit and site plan review requirements, the applicant shall comply with the following:
Supervision. Every residential care facility shall provide qualified supervisory personnel on the premises 24 hours a day, seven days a week. Such personnel shall have sufficient education and experience and shall be present in sufficient numbers to meet all standards of any agency responsible for the licensing or regulation of the residential care facility. Where no standards exist, the applicant shall present evidence establishing the minimum qualifications and number of personnel necessary for the operation of the residential care facility, and the Planning Board shall specifically establish minimum standards.
Other required approvals. An applicant for a residential care facility shall demonstrate compliance with all applicable regulations, standards, and licensing requirements of public or private agencies.
Required information for application. An application for a special permit for a residential care facility shall satisfy the submission requirements of Article IX and shall also include the following:
A list of all agencies which must license or otherwise approve the establishment of operation of the facility.
A list of regulations established by the public or private agencies listed in Subsection C(1) above.
Copies of applications submitted to the agencies.
A written statement explaining the status of such applications stating any facts known to the applicant which might result in the denial or delay of any required approval.
A written statement addressing the requirements of Subsection A above and demonstrating that the facility will comply with applicable regulations of licensing agencies and state law relating to minimum required floor area, bathroom facilities, and open space.
A map identifying the location of all other residential care facilities in the Town of Amenia at the time of the special permit application.
Findings. In making its determination upon a special permit for a residential care facility, the Planning Board shall, in addition to making the findings required by § 121-63, make the following specific findings:
That the proposed facility, given its unique nature, will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, parking, utility facilities, and other matters affecting public health, safety, and general welfare.
That the proposed facility will be provided with or have ready access to facilities and services necessary and appropriate to the needs of its residents for active and passive recreation, medical care, education, cultural and religious activities, and public transportation.
That the proposed facility will not generate a level of traffic which would be burdensome to the neighborhood, considering the number of visitors its residents may expect, truck delivery and loading requirements, and the availability and nature of public or private transportation.
That the proposed facility will not result in an undue concentration of residential care facilities in the Town of Amenia or in the neighborhood of the proposed facility. This requirement shall not apply within the MCO Overlay District.
That the decision made by the Planning Board represents a reasonable accommodation to the needs of persons protected under the Federal Fair Housing Act, if applicable.

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