Town of Mamakating, NY
Sullivan County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
A. 
Approval of special use permits. The Town Board of the Town of Mamakating authorizes the Planning Board to review and grant special use permits as set forth herein.
B. 
Applicability and standards. On application and after public notice and hearing, the Planning Board may authorize the issuance by the Building Inspector of permits for any of the special uses permitted in Schedule I[1] in the district in which such use is proposed to be located. The Planning Board shall review an application's conformity with the individual standards for special use permits contained herein and shall also have the authority to impose such reasonable conditions and restrictions as are directly related to or incidental to the proposed special use permit. In approving any such use, the Planning Board shall further the expressed intent of this chapter and the accomplishment of the following objectives:
(1) 
That all proposed structures, equipment or material shall be readily accessible for fire and police protection.
(2) 
That the proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.
(3) 
That, in addition to the above, in the case of any use located in or directly adjacent to a residential district:
(a) 
The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to or incongruous with said residential district or conflict with the amount traffic of the neighborhood; and
(b) 
The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
[1]
Editor's Note: Schedule I is included at the end of this chapter.
C. 
Waiver of requirements. The Town Board herein authorizes the Planning Board, when reasonable, to waive any of the individual standards for the approval, approval with modifications or disapproval of special use permits submitted for approval. Any such waiver may be exercised in the event any such individual standards are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular special use permit.
D. 
Procedure. Applications for special use permits shall require site plan approval in accordance with the site plan regulations contained in this chapter, except that the Planning Board may waive site plan approval for a special use permit application that will involve no physical alteration or disturbance to a site. At a minimum, each application for a special use shall be accompanied by a plan showing the size and location of the lot, and the location of all buildings and proposed facilities, including access drives, parking areas and all streets within 200 feet of the lot. The Planning Board shall deem that a special use permit and site plan application are complete prior to the conduct of a public hearing on the application.
E. 
Public hearing. The Planning Board shall conduct a public hearing within 62 days from the day a complete special use permit application is received. Public notice of said hearing shall be printed in a newspaper of general circulation in the Town at least five days prior to the date thereof. The Planning Board shall cause the applicant to post notice on the subject property indicating the date, time, and location of the public hearing, and a brief description of the action being considered, at least 10 days prior the public hearing date. One notice shall be posted along each property line adjoining a road and shall be clearly visible from said road. Notices shall be affixed in a manner prescribed by the Planning Board. Said notice shall be removed following the close of the public hearing.
F. 
Notice to the applicant and the Sullivan County Planning Department. At least 10 days before the public hearing, the Planning Board shall mail notices thereof to the applicant and to the Sullivan County Planning Department, as required by § 239-m of the General Municipal Law, which shall be accompanied by a full statement of the matter under consideration, as defined therein.
G. 
Decision. The Planning Board shall decide upon the application within 62 days after the public hearing is closed. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board.
H. 
Filing. The decision of the Planning Board on the application shall be filed in the office of the Town Clerk within five business days after such decision is rendered and a copy mailed thereof to the applicant.
I. 
Existing violations. No special use permit shall be issued for property where the Building Inspector has found a violation of this chapter, and where such violation has not been corrected, unless the granting of such special use permit and site plan approval will result in the correction of said violation.
J. 
Area variance. Where a proposed special use permit contains one or more features which do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area variance without the necessity of a decision or determination of an administrative official charged with enforcement of the zoning regulations.
K. 
Deemed to be conforming. Any use for which a special use permit may be granted shall be deemed to be a conforming use in the district in which such use is located, provided that such permit shall be deemed to affect only the lot or portion thereof for which such permit shall have been granted. The expansion of any special use shall require reapproval of the special use permit by the Planning Board. For purposes of this subsection, expansion shall be interpreted to mean an increase in the area allocated to the special use, an increase in development coverage, or an increase in the intensity of use, e.g., an increase in traffic or need for on-site parking.
L. 
Expiration of special use permits. A special use permit shall be deemed to have expired if said use ceases operation for a time period equal to or greater than 12 consecutive months for any reason or if construction, in accordance with the conditions of the special use permit, is not completed within 18 months from the date of issuance. In addition, the special use permit shall be deemed to have expired if all improvements are not maintained and all conditions and standards complied with throughout the duration of the special use permit.
M. 
Inspections. In connection with the issuance of a special use permit, the Planning Board may establish a schedule of inspection to be conducted by the Building Inspector to determine continued compliance with this chapter and any conditions of the special use permit.
N. 
Renewal. As a condition of approval, the Planning Board may require that special use permits be renewed periodically. Thirty days prior to the expiration of a special use permit, the applicant shall apply to the Building Inspector for renewal of the special use permit. The Building Inspector shall inspect the premises to verify that the conditions of the permit have been met. Upon a finding that there are no violations and no complaints have been lodged against the applicant, the special use permit shall be renewed by the Building Inspector for a time period equal to the original special use permit approval. However, where the Building Inspector finds that the applicant is in noncompliance with the special use permit, or that complaints have been lodged against the applicant, than such renewal shall require Planning Board approval and may be granted only following due public notice and hearing. Renewal may be withheld upon a determination by the Planning Board that such conditions as may have been prescribed by the Planning Board in conjunction with the issuance of the original permit have not been or are being no longer complied with. In such cases, a period of 60 days shall be granted the applicant for full compliance prior to the revocation of said permit.
O. 
Fees. Application for a special use permit shall be accompanied by a fee to be established in the fee schedule duly adopted by the Mamakating Town Board.
P. 
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 160 and § 199-44 shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in § 199-44. The approved site plan shall be consistent with the provisions of Chapter 160 and § 199-44.
[Added 12-18-2007 by L.L. No. 3-2007]
The following individual standards are hereby established for special use permits:
A. 
Amusement, outdoor recreation facilities, subject to the following:
(1) 
Such uses shall include but not be limited to swimming pools, tennis courts, ice-skating rinks, ski runs and ski trails. However, the outdoor commercial use of motorized vehicles, e.g., snowmobile, ATV or motocross tracks, shall not be permitted.
(2) 
No building or structure shall be located within 100 feet of any property line.
(3) 
Unenclosed recreational facilities shall be located not less than 150 feet from any property line, except where greater distances are otherwise required herein, and shall be effectively screened from adjoining dwelling uses.
(4) 
Illuminated signs and other lights shall be directed away or shielded from adjoining properties.
(5) 
No public address system is permitted except where such system will not be audible at any property line.
B. 
Membership clubs, rod and gun clubs, outdoor commercial shooting ranges, lodges and fraternal organizations catering exclusively to members and their guests, subject to the following:
(1) 
All buildings shall be a minimum of 50 feet from any property line.
(2) 
The sum of all areas covered by principal and accessory buildings shall not exceed 20% of the lot area.
(3) 
Any such uses shall occupy a lot with a minimum area of at least two acres; provided, however, that rod and gun clubs and outdoor commercial shooting ranges shall have a minimum lot area of 100 acres.
(4) 
Within the structure there may be included retail sales for members and guests only.
(5) 
The Planning Board shall review said applications to ensure adequate sewage disposal systems and parking facilities are provided.
(6) 
As a condition of a special use permit for a rod and gun club or commercial shooting range, the Planning Board may establish hours of operation and maximum number of persons permitted on the lot and may require appropriate demarcation and/or fencing of the perimeter of the property to ensure that members do not trespass or compromise the safety of residents on adjoining properties.
(7) 
Commercial outdoor shooting ranges shall be prohibited from using live animals in their activities.
C. 
Gasoline service station and motor vehicle repair garage, subject to the following:
(1) 
The minimum lot size for such service stations shall be 40,000 square feet, and the minimum street frontage shall be 200 feet. The required front yard shall be appropriately landscaped.
(2) 
Entrance and exit driveways shall have an unrestricted width of not less than 20 feet nor more than 25 feet, shall be located not nearer than 15 feet from any property line or 50 feet from a street corner and shall be so laid out as to avoid the necessity of any vehicle leaving the property to back out across any public right-of-way or portion thereof.
(3) 
Vehicle lifts or pits and all new and used parts or supplies shall be located within a building enclosed on all sides. Inoperable, unregistered or junk vehicles shall be stored in an area entirely surrounded by a fence and landscaping, if necessary, to adequately secure and effectively shield such use.
(4) 
All service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building fully enclosed on all sides. This requirement shall not be construed to mean that the doors to any repair shop must be kept closed at all times.
(5) 
The storage of gasoline or flammable oils in bulk shall meet all state and/or federal regulations and shall be located fully underground and not nearer than 50 feet to any property line other than the street line.
(6) 
No gasoline pumps shall be located nearer than 25 feet to any street line.
(7) 
No building permit for a motor vehicle service station shall be issued within a distance of 200 feet of any school, church, hospital or place of public assembly designed for simultaneous use and occupancy by more than 50 persons, said distance to be measured in a straight line between the nearest points of each of the lots or premises, regardless of the district where either premises is located.
D. 
Bed-and-breakfast, subject to the following:
(1) 
Applicability. A bed-and-breakfast is permitted as an accessory use to a single-family residence in certain residential districts and nonresidential districts. A single-family residence must be in existence at the date of adoption of these regulations to become eligible to be a bed-and-breakfast home. Except as otherwise specified herein, the single-family residence shall be required to meet the bulk requirements for single-family residences within the applicable zoning district. For a residence located in a nonresidential zoning district, the bulk requirements for a single-family residence within the NR-1 Zoning District shall apply.
(2) 
Application submission. In addition to the general requirements for special use permit approval, the applicant shall also submit:
(a) 
A sketch showing the floor plan of the home and the location of proposed guest rooms.
(b) 
A site plan delineating the location of the residence on the tax parcel, minimum setback distances, proposed parking areas, proposed screening, and any other information applicable.
(c) 
If a sign is proposed, a sign plan, including type and location of illumination, if proposed.
(d) 
A letter from the Building Inspector and/or Fire Inspector stating that there are no violations in existence at the time of application.
(e) 
A certification that the owner resides and will continue to reside within the residence while the special use permit is in effect. A change in owner occupancy shall require renewal of the special use permit.
(f) 
Proof of insurance to operate a bed-and-breakfast.
(3) 
Requirements and conditions of operation.
(a) 
The bed-and-breakfast shall be the primary residence of the owner.
(b) 
The number of paying guests accommodated per night shall not exceed 10 guests, and no guest shall stay for a period exceeding 15 days. The bed-and-breakfast shall maintain a guest registry identifying the arrival and departure dates of guests.
(c) 
A maximum of two adult guests and accompanying minor children shall be allowed to occupy each guest bedroom, subject to fire safety standards.
(d) 
There shall be no more than five bedrooms occupied by paying guests. Said rooms shall not be equipped with a kitchenette or other cooking devices.
(e) 
As a minimum, one bathroom shall be provided for each two guest rooms. In addition, a separate bathroom shall be maintained for the owners of the single-family residence.
(f) 
Each guest bedroom shall be equipped with a smoke detector alarm installed and maintained in a functional condition on or near the ceiling.
(g) 
A bed-and-breakfast is permitted one sign, not to exceed two square feet, identifying the name of the facility. Illumination may be permitted, subject to Planning Board approval. The Planning Board shall take into consideration the proximity of adjoining residences and potential nighttime disturbance. Said sign shall not be illuminated between 9:00 p.m. and sunrise.
(h) 
No parking space shall be located within the front yard. Parking spaces shall be set back a minimum distance of 15 feet from any side or rear lot line. A minimum of two spaces shall be provided for the single-family dwelling, plus a minimum of one off-street parking space shall be provided for each guest bedroom. Each space shall measure not less than nine feet by 18 feet in size. New parking areas required to meet these requirements shall consist of gravel to limit the introduction of impervious surfaces. Decorative gravel may be required where parking is visible from adjoining residences.
(i) 
The Planning Board shall consider the need for landscaping to screen views from adjoining residences.
(j) 
The dwelling shall not be altered in a manner which would cause the premises to differ from its residential character, nor shall any extensions or additions to the dwelling be made for the purpose of renting such space for overnight accommodations. Accessory buildings detached from the principal dwelling shall not be used for the purpose of a bed-and-breakfast.
(k) 
There shall be no more than two employees in addition to the owner.
(l) 
Each facility shall be operated and maintained so as to preserve the character and integrity of the surrounding residential neighborhood.
(m) 
It shall be documented that adequate water supply and sewage treatment capacity exists to handle additional demands placed on the dwelling.
(4) 
Approval. A special use permit to operate a bed-and-breakfast shall be valid for one year from the date of issuance, subject to continuing compliance with the conditions of the special use permit and subject to continuing compliance with the New York State Uniform Fire Prevention and Building Code.
(5) 
Permit renewal. The applicant may renew the permit for additional two-year time periods, subject to approval by the Planning Board and any fees applicable to the review of special use permit applications. The Planning Board shall notify the Building Inspector, 15 days prior to the meeting at which the renewal is being considered, who shall provide a description, in writing, of any changes that have occurred in the floor or site plan since the time the special use permit was approved or last renewed and a list of violations or complaints, if applicable. The Planning Board shall take the Building Inspector's report into consideration when rendering a decision.
(6) 
Enforcement. The Building Inspector shall be given access to the premises for the purpose of making inspections as deemed necessary from time to time to ensure compliance with these regulations and with the New York State Uniform Fire Prevention and Building Code. Such inspections shall be conducted in accordance with procedures set forth in this chapter. Any facility operated in violation of this chapter shall have its permit suspended on a first violation and revoked for a second violation. No permit shall be reinstated until the owner fully complies with the provisions of this chapter.
(7) 
Registry. The Town Clerk shall maintain a record of bed-and-breakfasts, including the name of the owner, the address, the maximum occupancy of the establishment, and the date of special use permit approval.
E. 
Cage-type poultry raising, subject to the following:
(1) 
The minimum lot area for such use shall be 25 acres for the first 30,000 birds or fewer housed on the site, plus three acres for each 2,000 birds in excess of 30,000.
(2) 
A poultry house shall be located not closer than 300 feet from a public road, and no ventilating apparatus shall discharge fronting a public road.
(3) 
A poultry house wall containing ventilating apparatus shall be located not closer than 300 feet to any side or rear yard, and a poultry house wall without ventilating apparatus shall not be located closer than 200 feet to any side or rear yard.
(4) 
Accessory structures, other than dwellings, shall be located not closer than 150 feet to any property line. The yard requirements for an accessory residence shall conform to the regulations of the appropriate zoning district.
(5) 
The maximum building height for a poultry house shall be 30 feet.
(6) 
Each poultry house site shall provide a minimum of three months' capacity for the storage of organic fertilizer material. The construction of such storage shall conform to the standards recommended by the Cornell University School of Agriculture for such use.
(7) 
The removal of poultry manure from a poultry housing site or storage area shall be by a vehicle providing a sealed storage container.
(8) 
No disposal of chicken manure shall be permitted within 1,000 feet of any lake, stream, pond or any other impoundment or natural watercourse located within the Town of Mamakating and then only after a drainage plan of the area to be spread has been submitted to the Board which will assure that no effluent resulting from the spreading of poultry manure will in any way find its way into the aforementioned watercourses or water bodies.
(9) 
The applicant shall submit a plan for the spreading and transportation of manure which shall be reviewed and approved by the Planning Board as part of the special use permit for this operation. Prior to approval of the plan, the Planning Board shall consult with the New York State Department of Health to ensure that said activities are performed in accordance with applicable Health Department regulations.
(10) 
No spreading of poultry manure shall be made within 2,500 feet of any occupied structure or area or create a nuisance by corruption of the atmosphere through the emission of vile, noxious or offensive odors that may impair the comfortable enjoyment of said structures or areas.
(11) 
Good housekeeping of fowl and grounds shall be practiced at all times. As a condition of the special use permit, the Planning Board may establish a schedule for the periodic inspection of the fowl and grounds by the Building Inspector or his designated representative.
F. 
Composting, subject to the following:
(1) 
No activity on the site shall be located closer than 200 feet to a residence or residential zoning district boundary.
(2) 
A Part 360 permit shall be secured from the New York State Department of Environmental Conservation (DEC).
(3) 
Composting facilities are subject to the following operational requirements, in addition to those contained in Section 360-1.14 of DEC regulations:
(a) 
Only yard waste may be accepted at this type of composting facility.
(b) 
Compost areas located on soils with a coefficient of permeability greater than 4 x 103 centimeters per second (six inches per hour) may be required to install groundwater monitoring wells or other monitoring devices to protect groundwater and surface water as determined by the New York State DEC.
(c) 
Drainage must be controlled to prevent leachate runoff from the site. Surface water drainage must be diverted away from the compost site.
(d) 
The operation of the facility must follow acceptable methods of composting which result in the aerobic biochemical degradation of the organic material received.
(e) 
The facility site must be graded to minimize any ponding.
(f) 
The windrow construction and turning frequency must be sufficient to maintain aerobic conditions and to produce a compost product in the desired time frame.
(g) 
The minimum horizontal separation distances set forth in Section 360-4.4(d) of Part 360 of the DEC regulations also apply to yard waste composting facilities, except the minimum horizontal separation distance to a residence or place of business must be 200 feet. This requirement does not apply to composting facilities located at existing publicly owned treatment works (POTW).
(h) 
The facility must not be operated or constructed on floodplains unless provisions have been made to prevent the encroachment of floodwaters upon the facility.
(i) 
Composting must not occur in areas where the seasonal high groundwater is less than 24 inches from the ground surface or where the bedrock lies less than 24 inches below the ground surface.
(j) 
The composting facility must be operated to control vectors and odors.
(k) 
Upon completion of the composting cycle, the compost must receive a final aeration to ensure stability before distribution.
(l) 
The facility must be located on a suitable base to ensure stability and accessibility.
(m) 
An annual report must be submitted to DEC's central office and appropriate regional office within 120 calendar days after the anniversary date of the facility's permit to operate. The report must include, at a minimum:
[1] 
The type and quantity, by weight or volume, of waste received at the facility;
[2] 
The turning frequency (if applicable) and the timing and amount of any water addition;
[3] 
The quantity, by weight or volume, of compost produced;
[4] 
Any monitoring that occurred during the operation;
[5] 
The quantity and timing of any seed material used;
[6] 
The quantity, by weight or volume, of compost removed from the facility; and
[7] 
A description of the end-product distribution and disposal system.
(4) 
Permit applications for yard waste composting. Application for a special permit and site plan review shall be made to the Planning Board. In addition to the requirements set forth in Section 360-1.9 of the DEC regulations pertaining to engineering report contents, the engineering report submitted as part of application for an initial permit for a composting facility to compost exclusively yard waste must include the following:
(a) 
A vicinity map (minimum scale of one inch equals 2,000 feet) that delineates the area within one mile of the composting site boundaries, the zoning and land use, residences, surface waters, access roads, bridges, railroads, airports, historic sites, and other existing and proposed man-made features relating to the project.
(b) 
A site plan map (minimum scale of one inch equals 200 feet with five-foot contour intervals) that delineates the following:
[1] 
The location of the proposed composting area and boundary locations, and location of the compost facility within the site boundaries;
[2] 
A description of the composting facility drainage characteristics identifying the direction of both site run-on and runoff ditches and swales, together with any runoff controls that now exist or will be implemented with facility construction;
[3] 
A delineation of the composting staging and storage area;
[4] 
The location of access roads and on-site roads;
[5] 
The location of property boundaries and the names and addresses of all contiguous landowners;
[6] 
The location of all water supply wells, buildings, residences, surface water bodies, and drainage swales within 1,000 feet of the site. Identification of all buildings owned by the applicant or operator must be included; and
[7] 
Existing and proposed elevation contours and direction of prevailing winds.
(c) 
A map indicating regulated wetlands and floodplains within 1,000 feet of the site, if applicable.
(d) 
A description of the ultimate use for the finished compost and method for removal from the site and a plan for the disposal of finished compost that cannot be used in the expected manner due to poor quality or change in market conditions.
(e) 
A description of the operation of the facility, including:
[1] 
Schedule of operation, including the days and hours that the facility will be open, preparations before opening, and procedures followed after closing for the day;
[2] 
Daily traffic flow to and from the facility, including the number of trips by private or public collection vehicles and quantity of solid waste contained in each vehicle;
[3] 
Procedure for unloading trucks, including frequency, rate, and method;
[4] 
Special precautions or procedures for operation during wind, heavy rain, snow and freezing conditions;
[5] 
Equipment used, including any shredding, mixing, screening, and turning equipment;
[6] 
The method used to collect and control surface water runoff at the site;
[7] 
A description of any seed material in terms of its quantity, quality, and frequency of use;
[8] 
Composting time duration, time period from initiation of the composting process to completion, and distribution;
[9] 
For windrow systems, the windrow construction, including width, length, and height;
[10] 
Method of aeration, including turning frequency or mechanical aeration equipment and aeration capacity;
[11] 
Site access control method;
[12] 
Fire-fighting procedures, including availability of water for fire fighting and for moisture addition to the piles; and
[13] 
For in-vessel composting systems, a process flow diagram of the entire process, including all major equipment and flow streams.
(f) 
The specific ownership or leasing arrangement of the facility.
(g) 
Personnel required and their responsibilities.
(h) 
A description and an identification of the surface soil characteristics for the proposed site area and depth to seasonal high groundwater and bedrock.
(i) 
A description of the composition of the yard wastes involved, the anticipated quantity of each type of material, and how each will be handled at the site.
(j) 
A description of any monitoring that will occur involving the composting process of the site.
(5) 
A contingency plan must be developed to outline the steps that will be taken if unapproved wastes are delivered to the composting facility and in the event of odors, groundwater contamination, and other undesirable conditions.
G. 
Dude ranch, subject to the following:
(1) 
For purposes of this chapter, the maximum number of horses shall be established based on the livestock density criteria provided in § 199-17.
(2) 
A maximum of one guest unit per two acres shall be permitted. Guest units shall be provided in a central lodge. Communal dining and kitchen facilities shall be provided; kitchenettes shall not be permitted in individual guest rooms. As part of the special use permit, the applicant shall be required to provide architectural renderings and elevations of the proposed facility.
(3) 
There shall be presented with the application for this permit a certificate of the State Department of Health approving of the source and method of treatment of the proposed supply of potable water.
(4) 
There shall be presented with the application for this permit two copies of a map or plan of the system of sewage and waste disposal, which said copies shall bear the endorsement and approval of the State Department of Health.
(5) 
One monument sign shall be permitted, not to exceed 25 square feet in area. The monument sign shall be made from natural materials, e.g., wood or stone.
(6) 
The site plan shall illustrate the general location of all horse trails. To the maximum extent practicable, clear-cutting, or removal of mature trees, shall be discouraged in the siting of trails.
(7) 
A swimming pool, tennis court, and similar active recreation facilities are permitted as accessory structures.
H. 
Extractive operations, subject to the following:
(1) 
Extractive operations shall not be conducted closer than 200 feet to the adjacent property. A location map which shows land to be quarried or mined and the location of adjacent properties, roads and natural features shall be filed with the Planning Board. A plan for the restoration of the land, including anticipated future use of the restored land, the proposed final topography indicated by contour lines of no greater interval than five feet, steps which will be taken to conserve the topsoil and the location of future roads, drainage courses or other improvements contemplated shall be submitted to the Planning Board for approval.
(2) 
Upon approval of the plan, the Planning Board shall issue a special use permit for a period of two years. Application for renewal of the permit shall be made to the Board. The Board shall extend the permit from year to year if it finds that restoration of the landscape is proceeding at a pace commensurate with the earth removal operations.
(3) 
One copy of the approved excavation plan shall be returned to the applicant by the Town Clerk, together with the special permit, upon the payment of a fee to cover all engineering and other costs directly attributable to the approval and office and field checking of the proposed soil mining operations.
(4) 
In the operation of any quarry, sand, topsoil or gravel pit, the following shall be observed:
(a) 
No excavation, blasting or stockpiling of materials shall be located within 300 feet of any public road or other property line.
(b) 
No power-activated sorting machinery shall be located within 600 feet of any public road or other property line, and all such machinery shall be equipped with satisfactory dust-elimination devices.
(c) 
All excavation slopes in excess of 50% shall be adequately fenced as determined by the Building Inspector.
(d) 
Extension of a nonconforming quarrying operation shall not be permitted.
(e) 
Major excavating, grading or filling as herein defined shall not be permitted except with the approval of the Planning Board.
(5) 
The applicant shall be required to furnish a performance bond, in an amount determined by the Planning Board, to be sufficient to guarantee completion of the finished grading and drainage plan. Such bond shall be released only upon certification by the Building Inspector that all requirements, including the finished grading and drainage, have been satisfied.
(6) 
There shall be no operations of any kind on Sundays nor between the hours of 7:00 p.m. and 7:00 a.m. on any other day.
(7) 
Mining and excavation activities legally operating prior to the effective date of this chapter may continue to operate for a period of two years. Within this time period, a permit shall be requested for continuation of operations. The Planning Board may impose such conditions, in granting such permit, in order to bring the activity within substantial compliance with the provisions of this section.
(8) 
The applicant shall obtain a mining permit, as applicable, from the New York State Department of Environmental Conservation.
(9) 
Preexisting nonconforming uses. Preexisting extractive operations made nonconforming by the adoption of this chapter shall be permitted to continue as a nonconforming use in accordance with the provisions of this chapter. The Planning Board may approve the introduction or expansion of accessory processing operations which do not result in an increase in the geographic area previously approved for disturbance, provided the approval shall result in the abandonment of an existing nonconforming extractive operation located elsewhere within the Town of Mamakating.
I. 
Golf courses, subject to the following:
(1) 
Accessory uses. The following uses shall be permitted as accessory uses to a golf course: clubhouse (including dining rooms, common rooms, pro shop, social rooms, kitchen and locker rooms), snack bar/refreshment stand, residences for employees engaged in the maintenance and operation of the golf course facility, putting greens, practice range, cart paths, parking lot, maintenance facility/garage, cart storage facility, water supply impoundment, and hazards.
(2) 
The proposed golf facility shall be integrated with any existing development and land uses adjacent to the site, including safe locations for golf holes (tees, holes and greens) and practice areas, as related to adjacent roads, development and other neighboring site improvements.
(3) 
Where a golf course is adjacent to, contains, or is within floodplains, open water, waterway corridors, hiking trails, flyways and associated buffers, linkages and conservation areas, the applicant may be required to provide and maintain an adequately designed walking/trail easement within the property open to the public in furtherance of the town's goal of linking open spaces in the community. The pedestrian easement shall be located so it does not interfere with play and shall be appropriately isolated from the general operation of the golf course. During the site development plan approval process, consideration shall be given to providing access to any required walking/trail easements.
(4) 
Assurances shall be provided by the applicant that the necessary infrastructure and utilities, including sanitary disposal system, potable water and irrigation water, are available from on-site municipal or private systems. The provision of infrastructure and utilities shall not have a detrimental effect on groundwater or surface water resources.
(5) 
The golf course shall have two safe and adequate access and egress points from one or more public roads. One of the two accesses may be provided for emergency access only if, in the determination of the Planning Board, said arrangement provides adequate access. The two means of access and egress shall be connected internally and may be achieved by use of a stabilized surface sufficient to allow passage by emergency vehicles.
(6) 
Adequate provisions shall be made for solid waste collection and storage. All solid waste storage shall be adequately screened and buffered.
(7) 
All lighting shall be designed to be directed downward and to avoid glare and spillover on adjacent properties. The maximum height of lighting standards shall not exceed 20 feet.
(8) 
One monument sign not exceeding 40 square feet shall be permitted at the entrance to the golf course. All other signs shall be directional signs and shall not exceed four square feet. All signs, including size, location, materials and design, shall be approved as part of site plan approval.
(9) 
Amplifier systems shall be designed so as not to be heard beyond the property lines.
(10) 
Parking requirements. The number of parking spaces shall be as few as necessary to serve the golf course and accessory uses. The number shall be determined by a parking needs study to be conducted by the applicant and filed at the same time as the application. For private courses, the minimum number of spaces shall be in accordance with § 199-30D.
(11) 
A minimum buffer of 35 feet, consisting of planted materials, trees, berms, fences or combinations of the above, shall be located between buildings, parking, recreation facilities and the exterior property line to shield and block buildings, parking and recreational uses from errant golf balls.
(12) 
A minimum vegetative buffer in accordance with § 199-37 shall be maintained between the stream and any turf area which is to be chemically treated. The buffer area shall be of sufficient size and design to protect the stream from chemicals carried by stormwater runoff.
(13) 
Special events. Special events, such as tournaments, shall be approved by the Planning Board. There shall be assurances that adequate provisions will be made by the golf course to handle the crowd generated by such an event and to satisfactorily mitigate off-site impacts, including traffic management, transportation services, parking, trash removal and waste disposal, security and safety and sanitary effluent treatment. The golf course may be required to post a performance guaranty for these purposes. All local permissions and permits now or hereafter required for special events shall be obtained prior to the event.
(14) 
Clearance of woods. The course shall be designed, to the extent possible, to preserve existing woodlands and wooded corridors. Clearance of mature woods shall not exceed 50% of the total acreage of land within the tract.
(15) 
Turf management and water quality assurances. As part of the application for site plan approval, the applicant shall submit a turf management plan and an integrated pest management plan specific to the operation and maintenance of the proposed golf course. These plans shall be prepared in accordance with any guidelines established by New York State Department of Environmental Conservation and shall also take into account guidelines promulgated by the United States Golf Association. These plans will include best management practices to prevent or minimize adverse impacts of chemical applications on the groundwater and surface water resources associated with the golf course.
(16) 
Assurances shall be provided that any adverse impacts on groundwater or surface water quality resulting from the golf course will be mitigated by the owner. The applicant shall provide for the monitoring of water quality of the groundwater and surface water resources associated with the golf course. The monitoring program, including the timing and frequency of testing and the identification of chemical parameters to be tested, shall be established at the time the integrated turf management plan and integrated pesticide and pest management plan are approved as part of the special use permit application. The applicant may be required to install water quality monitoring devices to continually monitor water quality. The Planning Board and applicant shall mutually agree to an independent consultant who shall be responsible for carrying out the monitoring program, and the cost of the monitoring shall be borne by the applicant. The results and findings of any water quality monitoring shall be submitted by the owner to the Town for information purposes.
J. 
Hotels and motels, subject to the following:
(1) 
The applicant shall first seek preliminary site plan approval from the Planning Board prior to obtaining any certificates or approvals for any water or wastewater treatment systems that may be used to service a hotel or motel. Following preliminary plan approval, and as a condition of special use permit approval, the applicant shall present to the Board a certificate of the State Department of Health approving of the source and method of treatment of the proposed supply of potable water.
(2) 
There shall be presented with the application for this permit two copies of a map or plan of the system of sewage and waste disposal, which said copies shall bear the endorsement and approval of the State Department of Health.
(3) 
No structure in such use shall be within 50 feet of any property line or within 100 feet of any watercourse.
(4) 
The total number of guest units to be accommodated in a hotel or motel where all units are contained in the same structure shall not exceed one for each 4,000 square feet of lot area.
(5) 
Within the total area of the lot, each principal building shall have the equivalent of lot area and width, yards and open spaces as follows: each principal building shall have appurtenant and adjacent thereto a portion of the total area of the lot to give it front and rear yards each not less than 25 feet in depth and side yards each not less than 15 feet in width.
(6) 
If swimming facilities are proposed to be provided, plans showing the extent and location of such facilities and the proposed source of water and method of treatment, if any, shall be submitted with the application for the above permit, and such plans shall bear the approval of the State Department of Health.
(7) 
No certificate of occupancy shall be issued for any such use until the Building Inspector has made a personal examination and satisfied himself that all of the requirements herein set forth have been complied with. No such use shall be used or occupied until a certificate of occupancy has been issued.
(8) 
Such uses in existence and being operated as such at the time of the passage of this chapter shall not be subject to the above requirements. A nonconforming resort use abandoned for a period greater than two years shall be deemed to be discontinued, and the premises may not thereafter be used as a resort except on approval of the Zoning Board of Appeals as hereinafter provided for (§ 199-26T).
K. 
Kennels, subject to the following:
(1) 
In addition to the minimum lot size, a minimum of 500 square feet shall be provided for each animal boarded for purposes of maintaining adequate indoor and outdoor space dedicated for their care.
(2) 
Exercise pens and runs shall not be located within 200 feet of any lot line.
(3) 
All facilities shall be permanently screened from surrounding properties.
(4) 
In issuing the special permit, the permit shall stipulate the maximum number and type of animals to be boarded, harbored or trained.
L. 
Mobile home parks. Mobile home parks in accordance with Town ordinances[2] and subject to the following: only eight mobile home parks will be permitted in the Town of Mamakating.
[2]
Editor's Note: See Ch. 131, Mobile Homes and Mobile Home Parks.
M. 
Outdoor storage; junkyards.[3] Any permitted use or special use which involves the outdoor storage of materials deemed by the Planning Board to constitute noxious materials or the creation of a junkyard shall require special use permit approval by the Planning Board. Outdoor storage of noxious materials and junkyards, subject to the following: Such uses and the operation thereof shall be governed by the following provisions and any other conditions as may be required by the Planning Board to protect the public health, safety, comfort, convenience and general welfare and especially with regard to abutting properties and the occupants thereof:
(1) 
Flammable and explosive liquids. No highly flammable or explosive liquids, solids or gases shall be stored in bulk aboveground. Tanks or drums of fuel directly connecting with domestic heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision.
(2) 
Fencing and setbacks. All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal and protect such facilities and the contents thereof from adjacent property. Such walls and fences shall be distant not less than 30 feet from all property lines.
(3) 
Deposit of wastes. No materials or wastes shall be deposited on any premises in such form or manner that they may be transferred off such premises by natural causes or forces.
(4) 
Other hazardous materials. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.
[3]
Editor's Note: See also Ch. 124, Junkyards and Junk Dealers.
N. 
Planned residential development (PRD).
(1) 
Town policy. Planned residential developments are designed to encourage residential development in the NR and HC Districts where appropriate as a means of strengthening and expanding these residential communities. This use is also permitted in the PO District.
(2) 
Procedure. PRDs shall be subject to the approval of the Planning Board. Application for a PRD shall be made to the Planning Board for review. Within 60 days of receipt of the application, the Planning Board will notify the developer, in writing, of the date of preliminary hearing or, where warranted, may request further documentation from the developer. Upon submission of the additional documentation, a preliminary hearing will be held and the developer so notified.
(3) 
Items submitted. An application for a planned residential development shall include all elements required of a preliminary subdivision plan.[4]
[4]
Editor's Note: See Ch. 166, Subdivision of Land.
(4) 
Standards. Planned residential developments must:
[Amended 7-21-2015 by L.L. No. 2-2015]
(a) 
Contain a minimum of 50 dwelling units.
(b) 
Preserve a minimum 50% of the site in its natural undisturbed state, allowing limited use for passive recreational uses.
(c) 
For a PRD proposed as part of a PO District east of the Shawangunk Ridge, in keeping with the Comprehensive Plan recommendation for the Burlingham Road/Winterton Economic Development area, at least 35% of the lot area of a PRD shall be devoted to nonresidential uses that are permitted in the PO District and the lot area dedicated to the nonresidential uses shall not be used in calculating residential density.
(d) 
For all other PRDs, at the request of the applicant, and with the approval of the Planning Board, the planned residential development may include professional office and accessory retail and personal service uses that are accessory to the PRD, except that such uses shall not occupy more than 15% of the lot area of the PRD in order to reinforce the residential character of the area. Any such lot area so dedicated to nonresidential use shall not be used for calculating residential density, although this shall not be construed to limit the location of dwelling units above nonresidential uses in traditional mixed-use form once the permitted density is established.
(5) 
Planning Board review. The Planning Board in its deliberations shall consider the following:
(a) 
Residential building groups. The following design standards shall apply:
[Amended 7-21-2015 by L.L. No. 2-2015]
[1] 
Where individual wells and septic system are proposed, residential units may consist only of single-family detached dwellings.
[2] 
In any PO District east of the Shawangunk Ridge, in keeping with the Comprehensive Plan recommendation for maintaining the agricultural character of the Burlingham Road and Winterton areas, only single-family detached dwellings on lots of at least two acres shall be permitted, or on lots of at least one acre where residences are connected to a Town-endorsed sewer system and Town-endorsed water system.
[3] 
In all other areas where residences are connected to Town-endorsed water and Town-endorsed sewer systems, residential units may consist of a mix of single-family attached (townhomes), flats, and small lot single-family detached residential dwellings. For flats, the maximum number of dwellings in a structure shall be 12 units. For townhomes, the maximum number of dwellings in a structure shall be six units. The smallest lot size shall be 7,500 square feet for a small lot detached residential unit.
[4] 
Walls containing main window exposures or main entrances shall be so oriented as to ensure adequate light and air exposures.
[5] 
Such buildings shall be so arranged as to avoid undue exposure to concentrated loading or parking facilities and shall be so oriented as to preserve visual and audible privacy between adjacent buildings.
[6] 
A building exposing both windows and an entranceway shall be located no closer to another building than a distance equal to the height of the taller building of the two, but in no case less than 50 feet.
[7] 
A building wall exposing only windows or only an entranceway shall be located no closer to another building than a distance equal to the height of the taller building of the two, but in no case less than 40 feet.
[8] 
A building group may not be so arranged that any temporarily or permanently inhabited building is inaccessible to emergency vehicles.
[9] 
No building shall be located closer than 100 feet to a state highway.
[10] 
A PRD shall orient buildings and structures in a manner that retains the street fabric of the adjoining population center. Buildings shall be oriented to sidewalks, shade trees shall be provided in accordance with § 199-41, and formal landscaped front yards shall adjoin streets. Where the Planning Board deems appropriate, the PRD shall include decorative streetlighting.
(b) 
Land use, spacing and orientation of commercial groups. Spacing between buildings and orientation in commercial building groups shall be as follows:
[1] 
Commercial activities shall only be provided when, in the opinion of the Planning Board, existing commercial uses are too distant or inadequate to serve the convenience of shopping needs of the residents of the planned residential development and where the provision of commercial or office facilities is consistent with the Comprehensive Plan.
[2] 
Commercial activities shall be so located as to minimize traffic through residential streets.
[3] 
Commercial activities shall be developed in harmony with adjoining residential uses.
[4] 
Exterior walls of opposite buildings shall be located no closer than a distance equal to the height of the taller building.
[5] 
A building group may not be so arranged that any permanently or temporarily occupied building is inaccessible to emergency vehicles.
[6] 
Buildings shall be scaled to a village character, with no building exceeding 4,000 square feet. Buildings shall be arranged in village-like clusters, with buildings oriented to a street.
(c) 
Circulation.
[1] 
There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading space.
[2] 
There shall be an adequate amount, in a suitable location, of pedestrian walks, malls and landscaped spaces to prevent pedestrian use of vehicular ways and parking spaces and to separate pedestrian walks, malls and public transportation loading places from general vehicular circulation facilities.
[3] 
Buildings and vehicular circulation open spaces shall be arranged so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.
(d) 
Paving and drainage. There shall be adequate design of grades, paving, gutters, drainage and treatment of turf to handle stormwater and to prevent erosion and formation of dust.
(e) 
Signs and lighting. Signs and lighting devices shall be properly arranged with respect to traffic control devices and adjacent residential districts.
(6) 
Open space and recreation areas shall be provided as follows:
(a) 
Up to 10% of the gross land area of the development shall be provided for active recreation facilities, which may include tennis courts, swimming pools, playgrounds, and other recreational facilities.
(b) 
However, to preserve natural areas or vistas, the developer may choose to provide or the Planning Board may require additional open areas.
(7) 
Average lot area.
[Amended 7-21-2015 by L.L. No. 2-2015]
(a) 
The residential density for the development shall be calculated based on the total net acreage of the parcel after deduction of environmental constraints pursuant to § 199-35; and deduction of the area of any existing streets or proposed internal streets, whether public or private; and deduction of lot area dedicated to commercial use, commercial sites or commercial accessory use, such as commercial accessory surface parking. The residential density shall not exceed the maximum residential density permitted for single-family detached dwellings in the same zoning district as the proposed PRD, except as follows:
[1] 
For any PO District east of the Shawangunk Ridge, in keeping with the Comprehensive Plan recommendation for maintaining the agricultural character of the Burlingham Road and Winterton areas, one dwelling unit per 25 acres shall be the maximum residential density.
[2] 
One dwelling unit per two net acres shall be the maximum residential density in any other PO District.
[3] 
One dwelling unit per 10 net acres shall be the maximum residential density in the PRO District, except where Town-endorsed water system and Town-endorsed sewer systems are provided with the capacity to serve at least twice the number of homes as are proposed in the PRD, the maximum residential density may be increased to one dwelling unit per two net acres.
O. 
Public utilities, subject to the following:
(1) 
Such uses shall include electric substations, transformers, switches, sewage treatment plants, water supply systems, and auxiliary apparatus serving a distribution area and water-pumping stations.
(2) 
Such facility shall be so located as to draw a minimum of vehicular traffic to and through residential streets.
(3) 
The location, design and operation of such facility shall not adversely affect the character of the surrounding residential area.
(4) 
Adequate fences, barriers and other safety devices shall be provided and shall be landscaped.
P. 
Radio transmission stations.
(1) 
Purpose. Radio transmitting stations are not listed as a permitted, accessory, or special use pursuant to the Town of Mamakating Zoning Ordinance prior to this amendment. Neither does a radio transmitting station fall within the definition of public utility. The town, however, feels that the Town of Mamakating Planning Board should have the discretion and authority to permit a radio transmitting station for a commercial radio station to exist in the Town of Mamakating and that a commercial radio station would serve the interest of the public and citizens of the town.
(2) 
Special use. A radio transmitting station may be permitted in any district, subject to the following conditions:
(a) 
The Planning Board shall determine that the proposed use is compatible with the land use in the neighborhood and the character of the area.
(b) 
The Planning Board shall determine that the site is suitable for development as a radio transmitting station.
(c) 
The transmitting antenna or tower shall be located at a minimum elevation of 1,500 feet above mean sea level, United States Geological Survey datum.
(d) 
A site plan shall be approved by the Planning Board in accordance with Article IX of this chapter.
(e) 
The minimum site area shall be two acres.
(f) 
The applicant shall have approval from the Federal Communications Commission for construction of a transmitting station prior to receiving final approval from the Planning Board.
(g) 
A minimum buffer of 100 feet of screening vegetation shall be preserved or established on all sides of the property.
Q. 
Recycling and recovery, subject to the following:
(1) 
No activity on the site shall be located closer than 200 feet to a residence or residential zoning district boundary.
(2) 
A Part 360 permit shall be secured from the New York State DEC. The application shall be forwarded to the Planning Board for its review as part of the special use permit application.
(3) 
No construction and demolition waste shall be permitted.
(4) 
In addition to the requirements set forth in Section 360-1.8(h), DEC regulations, the owner or operator of a recyclables handling and recovery facility [other than those facilities described in Section 360-12.1(b) and (c), DEC regulations (returnable beverage container operations, manufacturing facilities, buy-back centers, waste tire retreaders and processing waste tires, and automobile dismantlers which are not permitted herein)] must operate in compliance with the operational requirements of this section.
(a) 
Receipt and handling of solid waste. The facility may receive only source-separated nonputrescible recyclables which may be further processed.
[1] 
External storage of paper and other recyclables whose marketability may be adversely affected by exposure to the sun or weather conditions is prohibited unless stored in covered containers or in a manner otherwise acceptable to the Department. Solid waste separated for recycling must be stored separately and maintained in a safe, sanitary and orderly manner to ensure that its marketability is not adversely affected. Solid waste which the facility does not intend to recover and which does not contain putrescible material may be stored for a period not to exceed two weeks unless otherwise acceptable to the Town and DEC. No person shall store solid waste or recyclables at the facility in such a manner that they become a nuisance or a sanitary or environmental problem.
[2] 
All indoor and outdoor storage, handling and tipping areas must include appropriate fire detection and protection equipment and be accessible by fire-fighting equipment.
[3] 
The site and facility must have adequate drainage, be drained and be free of standing water.
[4] 
All solid waste passing through the facility must ultimately be recycled or be disposed of at a solid waste management facility authorized by the DEC if in this state, or by the appropriate governmental agency or agencies if located in other states, territories, or nations.
[5] 
In addition to the above requirements, for facilities handling materials containing refrigerants, the refrigerants must be properly removed and managed prior to crushing or shredding of the materials.
[6] 
Incidental putrescibles or putrescible residues may be stored for a period not to exceed one week.
(b) 
Storage. Nonputrescible recyclables may be stored for up to 60 days. Recyclables may be stored for a longer period of time with DEC approval if the DEC determines:
[1] 
There is a demonstrated need to do so (such as a market agreement with terms of receipt based on greater than sixty-day intervals or volumes that may take longer than 60 days to acquire);
[2] 
There is sufficient Department-approved storage area;
[3] 
An inventory methodology, including a daily log system, is used to ensure that the recyclables do not remain on the facility site for longer than specified; and
[4] 
The inventory methodology is provided to and approved by the Department before storage begins.
(c) 
Access. The owner or operator must restrict the presence of, and minimize the possibility for, any unauthorized entry onto the facility during regular business hours must be directed to report to the facility office by appropriate signs located at facility entrances and other locations in sufficient number to be seen from any approach to the facility. In the case of facilities allowing local residents to bring in materials, a designated area to do so must be provided in order to minimize potential accidents and unauthorized entry.
(d) 
Reporting and recordkeeping. In addition to the requirements of Sections 360-1.4(c) and 360-1.14(i) of the DEC regulations, the facility owner or operator must:
[1] 
Prepare and file an annual report, in accordance with Section 360-1.8(h)(8) of DEC regulations.
[2] 
Maintain daily records for facility monitoring. This monitoring information must include a daily log specifying the date, signature of the individual recording the information, the quantity and destination of recyclables sent from the facility for disposal. These records must account for all materials handled at the facility. If the facility is otherwise exempt under Subpart 360-11 of DEC regulations, the daily records for facility monitoring shall only include the quantity and destination of recyclables sent from the facility by major material category.
(5) 
Permit application and review procedures for recycling and recovery application for recycling and recovery facilities shall be the same as for composting (§ 199-26F).
(6) 
Nothing herein shall be construed to permit a junkyard, which is deemed a prohibited use.
R. 
Refuse disposal, subject to a New York State Department of Environmental Conservation permit and the following: No sanitary landfill sites shall be permitted within 200 feet of any stream or highway or within 200 feet of any lot line. All dumps or deposits shall be maintained in a safe, sanitary condition at all times. No open burning shall be allowed. One cubic yard or more of refuse not removed for four weeks shall be deemed to be a refuse dump. Nothing herein shall be construed to permit a junkyard, which is deemed a prohibited use.
S. 
Residential model homes and sales offices, subject to the following:
(1) 
Residential model homes and sales offices which do not conform to the lot requirements of a residential subdivision may be constructed and maintained in any area within 150 feet of the edge of the right-of-way of a state highway in an NR-1, HC, VC, and TC Zone.
(2) 
No such model home or sales office shall be converted into any other use except as shall be otherwise permitted under this chapter and the Subdivision Regulations of the Town of Mamakating.[5]
[5]
Editor's Note: See Ch. 166, Subdivision of Land.
(3) 
No more than 24 1/2 acres of land shall be approved in the Town of Mamakating for this purpose.
T. 
Resort hotels and country inns, subject to the following:
(1) 
Accessory uses at a resort or country inn may include any of the following: conference center, dining rooms, banquet hall, indoor fitness center, administrative offices, golf course, cross-country skiing, hiking and horse trails, tennis courts, paddle ball courts, basketball courts, swimming pool, and clubhouse. A minimum of 250 square feet of recreational space shall be provided per guest unit, except that golf courses shall be required to meet the individual requirements for that special use. Use of the recreational facilities by non-overnight guests (the general public) may be permitted upon a finding by the Planning Board that said use and traffic associated with the use shall not have a negative impact on adjoining uses.
(2) 
The maximum number of guest units permitted shall be calculated by first deducting environmental constraints pursuant to § 199-35 and then applying the density factors below:
[Amended 7-21-2015 by L.L. No. 2-2015]
Zoning District
Density
RVP
1 unit per 2 acres
MG
1 unit per 2 acres
LIO
4 units per acre
PRO
4 units per acre
PO
4 units per acre
A maximum of four principal buildings may be permitted for the housing of guest units. Kitchenettes shall not be permitted in individual guest units. An application for a resort hotel shall be subject to the requirements contained in § 199-19B(6)(c) of these zoning regulations.
(3) 
An application shall be accompanied by architectural renderings and building elevations depicting the architecture and design of the facility. The design of said facility shall be such that the color, character, and scale of the structure(s) do not have a negative impact on its environment. Within the RVP District, applications for resort hotels and country inns shall be subject to § 199-19B(9)(b) and (c) of these regulations. The colors shall be subdued and earthtone to minimize visibility.
(4) 
There shall be presented with the application for this permit a certificate of the State Department of Health approving of the source and method of treatment of the proposed supply of potable water.
(5) 
There shall be presented with the application for this permit two copies of a map or plan of the system of sewage and waste disposal, which said copies shall bear the endorsement and approval of the State Department of Health.
(6) 
Signage shall be subdued in color, and stone or wood shall be used in its construction. One monument sign, not to exceed 50 square feet, is permitted. Interior directional signs shall be approved as part of the special use permit.
(7) 
The Planning Board may limit the location and time of exterior lighting in order to protect the night sky, particularly for adjoining residences.
U. 
Schools and educational institutions and religious institutions, subject to the following:
(1) 
No building or part thereof or any parking or loading area shall be located within 100 feet of any street or lot line.
(2) 
The sum of all areas covered by principal and accessory buildings shall not exceed 20% of the area of the lot. Minimum lot size shall be two acres, except as provided below.
(3) 
The maximum height shall be 35 feet or 2 1/2 stories.
(4) 
The entire lot, except for areas covered by buildings or parking or loading areas, shall be suitably landscaped and properly maintained.
(5) 
Sufficient exterior illumination of the site shall be required to provide convenience and safety. All such illumination shall be shielded from the view of all surrounding streets and lots.
(6) 
Any school permitted in this section shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively as such thereunder, or a nursery school licensed by the State Department of Education shall occupy a lot with an area of not less than five acres, plus one for each 100 pupils for which the building is designed.
V. 
Senior (adult) housing, subject to the following:
(1) 
Purpose. The purpose of this special use permit is to provide a variety of alternative living environments in the town, including the design and development of multifaceted, relatively self-contained living environments for individuals and families age 55 and over. As part of any senior housing proposal, the following types of housing or adult care environments are allowed by special use:
(a) 
Nursing home.
(b) 
Residential health care.
(c) 
Adult multifamily dwelling units.
(d) 
Attached patio homes and/or attached townhomes.
(2) 
Permitted accessory uses include administrative, social and recreational buildings, structures and areas. Recreational facilities may include, but are not limited to, swimming pools, tennis courts, open field areas, passive sitting areas, picnic facilities, walking trails, shuffleboard and bocci courts, off-street parking and private garage facilities, fences and walls, and utility and maintenance structures. A single-family dwelling unit to be utilized and occupied as a residence exclusively for the director of the facility, administrator or other head of operations whose presence on the site is essential for the effective operation of the facility.
(3) 
The minimum tract size for each type of facility shall be 15 contiguous acres of land.
(4) 
The residential density of the project shall be determined by first establishing the net acreage, after deduction of environmental constraints pursuant to § 199-35, which may be devoted to residential use.
[Amended 7-21-2015 by L.L. No. 2-2015]
% of Total Lot Area
Minimum
Maximum
Nursing/residential health care, adult multifamily residential dwellings and/or adult patio homes and/or townhomes, accessory structures
55
Recreation
15
Open space
30
(5) 
The maximum densities in the following project components shall be established by multiplying the net acreage by the following densities:
[Amended 7-21-2015 by L.L. No. 2-2015]
Nursing/residential health care
25 beds per acre
Adult multifamily
8 units per acre
Adult townhouse/patio homes
4 units per acre
Example: An applicant proposes a nursing home facility on a parcel of 100 gross acres. After application of § 199-35, the net site acreage is 50 net acres. Fifty-five percent or 27.5 acres of the net acreage may be devoted to nursing/residential health care or dwelling units. Said net acreage can be allotted for a mix of the allowable uses - use of 7.5 acres for nursing/residential health care at a maximum density of 25 beds per acre would permit a one-eighty-seven-bed facility and allow the remaining acreage to be used for up to 160 multifamily units or 40 townhouse/patio homes or a mix thereof.
(6) 
Maximum impervious coverage. The total amount of impervious coverage from building roofs, roads, parking areas, sidewalks, etc., shall not exceed 60% for the entire project.
(7) 
A minimum of 30% of the total lot area shall be set aside as open space to remain in its natural undisturbed state. This area may include buffer areas as required in this section. An additional 15% of the site shall be devoted to active and passive recreational uses, such as recreation and social gathering areas, walkways, sitting areas, gardens and adjacent usable open space.
(8) 
A minimum vegetative screen of 100 feet shall be provided along all property lines. Buffer areas may be included as part of the required setback areas. The buffer area so required shall be preserved in its natural state and supplemented with additional landscaping as necessary to achieve a full and substantial screening effect when viewed from adjoining properties.
(9) 
A marketing plan shall be prepared by the applicant describing the plan, advertising, market selection, and implementation.
(10) 
No one under 18 years of age shall be a permanent resident of the senior housing facility. Implementation of this requirement shall be through the rules and regulations of the project association or the governing organization.
(11) 
The total number of parking spaces provided on site shall be in accordance with the following schedule:
Use Type
Per Unit or Bed
1 space per gross sf bldg area
Patio homes/unit
2
Attached townhouses/unit
2
Multiple adult dwelling unit
1
Nursing home/bed
.5
Residential health care units
.33
Administrative/recreation/support uses
250 sf
Neighborhood community center
200 sf
Professional office center
200 sf
(12) 
A minimum of one parking stall shall be provided in an attached parking garage for each townhouse and patio home of market value.
(13) 
The design and layout of the site of the dwelling unit and all buildings shall be planned for the convenience of the senior citizens and in accordance with applicable codes and regulations.
(14) 
Handicapped access to all buildings (except townhomes and patio homes) and all floors within said buildings shall be provided. Installation of ramps and elevators shall be in accordance with all applicable codes and regulations.
(15) 
Each parking space shall be a minimum of nine feet by 18 feet with 4% of the overall parking requirement reserved for handicapped spaces. Spaces shall be provided in accordance with New York State regulations.
(16) 
Each townhouse building shall have no more than six units per building. Each patio home shall be attached to no more than one other patio home.
(17) 
Town-endorsed water and Town-endorsed sewer systems shall be required in order to develop at the densities listed above. If a Town-endorsed water or sewer system is not provided, the permissible density for adult multifamily and adult townhouse/patio homes used to calculate maximum density per Subsection N(5) shall be no greater than the permissible density for single-family detached dwellings in the district in which the senior (adult) housing is proposed.
[Amended 7-21-2015 by L.L. No. 2-2015]
(18) 
Special use permit approval shall be conditioned upon receipt of all New York State Department of Health and any other state approvals.
W. 
Summer and day camps, subject to the following:
(1) 
A building, tent, activity area or recreation facility shall not be less than 200 feet from any lot line and shall be effectively screened therefrom as required by the Planning Board. No two buildings intended for use as sleeping quarters shall be closer than 30 feet to each other, except tents, which shall be not less than 10 feet apart.
(2) 
The minimum lot area shall be equal to the minimum lot size identified in Schedule I[6] or not less than 10,000 square feet per cottage, tent or other principal building and no less than 3,000 square feet per person for whom there are accommodations on the premises, whichever is greater.
[6]
Editor's Note: Schedule I is included at the end of this chapter.
(3) 
All outdoor lighting shall be arranged so as to eliminate the glare of lights toward nearby residential lots.
(4) 
The sound level of all outdoor public address systems shall not exceed the intensity tolerable in a residential neighborhood.
(5) 
Sanitary facilities shall be approved by the New York State Department of Health.
X. 
Wireless telecommunication service (WTS) facilities and equipment.
(1) 
Purpose. The federal government adopted the Telecommunications Act of 1996 ("the Act") in order to remove regulatory barriers and encourage competition among all types of telecommunication providers. In doing so, the Act preempts all state and local laws that prohibit or have the effect of prohibiting a business from providing telecommunication services. However, it generally preserves local zoning authority over WTS facilities as long as the zoning requirements are nondiscriminatory, do not have the effect of prohibiting service, and are not based on health effects of radio frequency emissions. The intent of these special use permit requirements is to ensure that wireless telecommunication facilities are evaluated in the development review process to ensure that such facilities and equipment are designed in a manner so as to provide functional operation for the provider and protect the safety, aesthetics and character of the town.
(2) 
Application. No WTS facility, except those approved prior to the effective date of this Subsection X, shall be used unless in conformity with these regulations. No WTS facility shall hereafter be erected, moved, reconstructed, changed or altered unless in conformity with these regulations. No existing structure shall be modified to serve as a WTS facility unless in conformity with these regulations.
(3) 
Collocation. Applicants proposing to collocate on a previously approved WTS tower do not require a special permit, provided the height of the existing tower is not increased. An applicant shall be subject to site plan review and approval in accordance with Article IX of this chapter. An amendment to the special use permit and site plan approval shall be required if the height of the WTS tower is increased.
(4) 
These regulations shall apply to all property within the following zones: RVP, MG, LIO, IO, and PO. Telecommunication towers shall be excluded from all other zones. These uses are strongly discouraged within the RVP District. However, recognizing the topographic advantages to situating WTS facilities in this district, the following shall apply:
(a) 
Within the RVP District, WTS facilities shall be collocated on existing structures. Based upon a written report, if collocation on an existing structure is not feasible, said WTS facility shall not be permitted on the ridgeline but shall be located in a manner where the structure's bulk is visually mitigated from placement downhill of the ridge.
(b) 
Within the RVP and MG Districts, WTS facilities shall be situated on properties with road frontage on U.S. Route 17 and U.S. Route 209 to limit visual impact to the environs.
(5) 
Applications for construction of new WTS facilities shall comply with the Code of Federal Regulations pertaining to objects affecting navigable airspace as delineated within the Federal Aviation Administration Regulations, Part 77. No application for construction of a new WTS facility will be approved if the proposed tower violates the criteria for obstructions to air navigation as established.
(6) 
Shared use of existing structures. At all times, shared use of existing structures (for example, municipal water towers, multistory buildings, church steeples, farm silos, etc.), and existing or approved towers shall be preferred to the construction of new WTS facilities.
(a) 
An applicant proposing to share use of an existing structure shall be required to submit:
[1] 
A complete application for a special permit.
[2] 
Documentation of the intent from the owner of the existing facility to allow shared use.
[3] 
A site plan. The site plan shall show all existing and proposed structures and improvements, including antennas, roads, buildings, guy wires and anchors, parking and landscaping, and shall include grading plans for new facilities and roads. Any methods used to conceal the modification of the existing facility shall be indicated on the site plan.
[4] 
An engineer's report certifying that the proposed shared use will not diminish the structural integrity and safety of the existing structure and explaining what modifications, if any, will be required in order to certify to the above.
[5] 
A copy of the applicant's Federal Communications Commission license.
(b) 
If an applicant proposing to share use of an existing structure submits complete and satisfactory documentation in accordance with Subsection X(6)(a) above, and if modifications indicated according to Subsection X(6)(a) are deemed insignificant by the Board, and after the Board conducts a public hearing and complies with all SEQR provisions, the Board shall grant a special use permit without further review under this Subsection X. If the Board determines that any modifications indicated according to Subsection X(6)(a) are significant, it may require further review according to Subsection X(11) and (12) below.
(7) 
New wireless telecommunication service facilities. The Board may consider a new WTS facility where the applicant demonstrates to the satisfaction of the Planning Board that shared use of existing structures and existing or approved towers is impractical. An applicant shall be required to present an adequate report inventorying all existing structures and existing or approved towers within a reasonable distance of the proposed site. This distance shall be determined by the Board in consultation with the applicant. The report shall outline opportunities for shared use of these existing facilities as an alternative to a proposed new WTS facility. The report shall demonstrate good faith efforts to secure shared use from the owner of each existing structure and existing or approved tower as well as documentation of the physical and technical reasons why shared usage is not practical in each case. Written requests and responses for shared use shall be provided.
(8) 
Shared usage of an existing tower site for placement of a new WTS facility. Where shared use of an existing structure or existing or approved towers is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Subsection X(6) above. Any proposals for a new WTS facility on an existing tower site shall also be subject to the requirements of Subsection X(11) and (12) below.
(9) 
New WTS facility at a new location. The Planning Board may consider a new telecommunications tower on a site not previously developed with an existing tower when the applicant demonstrates that shared use of existing structures, and existing or approved towers, is impractical and submits a report as described in Subsection X(6) and (7) above and when the Board determines that shared use of an existing tower site for a new tower is undesirable based upon the applicant's investigation in accordance with Subsection (X)(8). Any proposal for a new WTS facility shall also be subject to the requirements of the following subsections.
(10) 
New WTS facility: future shared use. The applicant shall design a proposed WTS facility to accommodate future demand for reception and transmitting facilities. The applicant shall submit to the Board a letter of intent committing the owner of the proposed new WTS facility, and his/her successors in interest, to negotiate in good faith for shared use of the proposed tower by other telecommunication providers in the future. This letter shall be reviewed by the Planning Board and the Town Attorney and filed with the Building Inspector prior to issuance of a building permit. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the special use permit. The letter shall commit the new WTS facility owner and his/her successors in interest to:
(a) 
Respond within 60 days to a request for information from a potential shared-use applicant.
(b) 
Negotiate in good faith concerning future requests for shared use of the new WTS facility by other telecommunication providers.
(c) 
Allow shared use of the new WTS facility if another telecommunications provider agrees in writing to pay reasonable charges. The charge may include but is not limited to a pro rata share 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 WTS facility or equipment to accommodate a shared user without causing electromagnetic interference.
(11) 
Site plan review; submission requirements.
(a) 
An applicant shall be required to submit a site plan in accordance with Article IX of this chapter. The site plan shall show all existing and proposed structures and improvements, including roads, buildings, tower(s), guy wire and anchors, antennas, parking and landscaping, and shall include grading plans for new facilities and roads.
(b) 
Supporting documentation. The applicant shall submit a complete long-form EAF, a visual EAF addendum, and documentation on the proposed intent and capacity of use as well as justification for any clearing required. The applicant shall also submit a copy of its Federal Communications Commission license.
(c) 
Visual impact assessment. The applicant shall undertake a visual impact assessment which may include the following:
[1] 
A zone of visibility map shall be provided in order to determine locations where the tower may be seen.
[2] 
Computerized, three-dimensional visual simulation of the WTS facility and/or equipment and other appropriate graphics shall be provided illustrating views from key viewpoints inside the Town and its villages, 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, and from any other location where the site is visible to a large number of visitors or travelers. The Board shall determine the appropriate key sites at a presubmission conference with the applicant.
[3] 
Assessment of alternative tower designs and color schemes, as described in Subsection X(12) below.
(12) 
Design standards.
(a) 
Lot size and setbacks. All proposed WTS facilities and accessory structures shall be located on a single parcel and shall be set back from abutting parcels and street lines a distance sufficient to substantially contain on site all icefall or debris from tower failure and preserve the privacy of any adjoining residential properties. The minimum bulk requirements shall be as stipulated in Schedule I and shall be increased to meet the requirements of the design standards contained herein.
(b) 
Lot sizes of parcels containing a WTS facility shall be determined by the amount of land required to meet the setback requirements. If the land is to be leased, the entire area required shall be leased from a single parcel unless the Planning Board determines that this provision may be waived.
(c) 
WTS facilities shall comply with all existing setback requirements of the underlying zoning district or shall be located with a minimum setback from any property line equal to 1/2 the height of the tower, whichever is greater. Accessory structures shall comply with the minimum setback requirements in the underlying zoning district.
(d) 
New WTS facility design. Alternative designs shall be considered for new towers, including lattice and single pole structures. The design of a proposed new WTS facility shall comply with the following:
[1] 
Any new WTS facility shall be designed to accommodate future shared use by other telecommunication providers.
[2] 
Unless specifically required by other regulations, a WTS facility shall have a finish (either painted or unpainted) that minimizes its degree of visual impact.
[3] 
The maximum height of any new tower shall not exceed that which shall permit operation without interference of any kind or nature, in accordance with municipal, state and/or federal law and/or regulations. The Planning Board, at its discretion, may modify this requirement if the applicant can justify the need to exceed this height limitation.
[4] 
The Planning Board may request a review of the application by a qualified engineer in order to evaluate the need for, and the design of, any new tower. The cost of this review shall be borne by the applicant.
[5] 
Accessory structures shall maximize the use of building materials, colors and textures designed to blend with the natural surroundings.
[6] 
No portion of any WTS facility 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.
[7] 
The Planning Board may require that the structure utilize stealth design where it makes a finding that the proposed structure would have an impact on the town's visual environment and that the use of stealth technology would limit said visual impact. Stealth design may include but not be limited to trees, silos, building steeples, etc. The design shall be appropriate to the visual environment.
(e) 
Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent practicable. No cutting of trees exceeding four inches in diameter (measured at a height of four feet from the ground) shall take place prior to the approval of the special use permit.
(f) 
Screening. Deciduous or evergreen tree plantings may be required to screen portions of the WTS facility and accessory structures from nearby residential property as well as from public sites known to include important vistas. Where a site abuts a residential property or public property, including streets, screening shall be required.
(g) 
Access. Adequate emergency and service access shall be provided. Maximum use of existing roads, public or private, shall be made. Road construction shall, at all times, minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts, or no more than five feet beyond the edge of pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.
(h) 
Parking. Parking shall be provided to assure adequate emergency and service access. The Planning Board shall determine the number of required spaces based upon a recommendation from the applicant. No parking spaces shall be located in any required yard.
(i) 
Fencing. The WTS facility and any accessory structure shall be adequately enclosed by a fence, design of which shall be approved by the Board. Chain link fencing shall be unacceptable to screen facilities. Fencing material may consist of wood, masonry, landscaping, or other acceptable materials and be opaque. Fencing shall not exceed six feet in height. This requirement may be waived by the Board if the applicant demonstrates that such measures are unnecessary to ensure the security of the facility.
(13) 
Removal. The applicant shall submit to the Board a letter of intent committing the tower owner, and his/her successors in interest, to notify the Building Inspector within 30 days of the discontinued use of the tower. This letter shall be reviewed by the Planning Board and Town Attorney and shall be filed with the Building Inspector prior to the issuance of a building permit. Obsolete or unused towers and accessory structures shall be removed from any site within three months of such notification. Failure to notify and/or to remove the obsolete or unused tower in accordance with these regulations shall be a violation of this chapter and shall be punishable in accordance with Article XII. In the event the owner fails to remove the WTS facility, the Town may remove said structure and charge the cost of removal to the owner. For WTS facilities which utilize existing structures, said removal shall be accomplished in a manner that does not pose a threat to the integrity of the existing structure.
Y. 
Asphalt plants, subject to the following:
(1) 
No activity on the site except automobile parking shall be located closer than 500 feet to a residence or residential zoning district boundary.
(2) 
Structures shall be set back from the road a minimum distance of 200 feet.
(3) 
The maximum height for any building used for human occupancy shall not exceed 40 feet. The height of any equipment used in the manufacture of asphalt shall not exceed 110 feet.
(4) 
The facility shall be located on a suitable foundation to ensure stability and accessibility.
(5) 
In addition to all required site plan submission requirements, the following information shall also be submitted:
(a) 
An analysis of prevailing winds.
(b) 
A schedule of operation to be approved by the Planning Board as a condition of the special use permit.
(c) 
A schedule of truck movements in and out of the facility.
(d) 
Performance criteria of all equipment, particularly in terms of noise and air emissions which must meet all New York State DEC standards.
(e) 
All required New York State DEC permits.
(6) 
No asphalt plant may be closer than 1/2 mile to another such plant.
Z. 
Vacation campgrounds.
(1) 
Vacation campgrounds are a special use consisting of a tract of land designed exclusively for overnight and short-duration vacation camping, providing facilities for tents, camp trailers, recreational vehicles, motor homes, recreation activities, administration, public health and safety.
(2) 
Minimum frontage. Two hundred feet of road frontage on a state highway or county road shall be required.
(3) 
The minimum spacing between campsite pads shall be 50 feet.
(4) 
Water supply. The site shall be serviced by a municipal or private water supply system to be reviewed by the Town Engineer and the County or State Health Department, if applicable. An adequate supply of potable water shall be provided within 250 feet of all campsites. One water spigot with soakage pit or other disposal facilities shall be provided for each 10 campsites without individual water facilities.
(5) 
Sewage disposal. The site shall be provided with a municipal or approved private sanitary sewage disposal system which shall meet all town, county and/or state regulations for said systems.
(a) 
Toilets. Only flush toilets shall be provided.
[1] 
Women: One toilet per five sites.
[2] 
Men: One toiler per 10 sites.
[3] 
A minimum of two toilets shall be provided for each sex.
(b) 
Lavatories. Lavatories or other hand washing facilities shall be provided at a ratio of one for each sex, for each 15 sites without water and sewer hookups.
(c) 
Showers. One shower for each 15 campsites shall be provided. Each shower must be served with hot and cold or tempered water. However, at a minimum, two showers must be provided for each sex.
(6) 
Solid waste disposal. One receptacle shall be provided for each campsite.
(7) 
Vehicular access. Each campground shall be provided with two means of access from county and state roads. Sight distance at the entrance and exit must be unobstructed for a distance of 300 feet in each direction. In the event that two separate means of access cannot be provided, due to a lack of adequate sight distance at the point of access or egress due to limited frontage, the Planning Board may approved an alternate design that will ensure adequate safety.
(8) 
Streets. Each campground area shall provide a collector street with a minimum width of 18 feet for two-way traffic and 10 feet for one-way traffic. As a minimum, the street shall be constructed with a gravel base with adequate drainage and macadam surface based on the design recommendations of the Town Engineer.
(9) 
Parking. A level space, 14 feet by 50 feet in size, shall be provided for each campsite, within which a strip 10 feet by 50 feet in size shall be constructed, as a minimum, with a gravel base and macadam surface. Forty-five-degree pull-through trailer and motor home parking spaces shall be constructed, with a gravel base and macadam surface.
(10) 
Sufficient exterior illumination of the site shall be required to provide convenience and safety. All such illumination shall be shielded from the view of all surrounding properties and streets.
(11) 
The entire site, except for areas covered by structures or service or parking areas, shall be suitably landscaped. All landscaping shall be approved by the Planning Board and properly maintained after planting.
(12) 
All campground sites shall be screened from the view of adjacent properties and adjoining public streets by means of an opaque screen of plant materials or fencing. All screening shall be approved by the Planning Board, properly maintained after placement and located within the required front, rear, and side yards. No screening is required where a fifty-foot-wide natural vegetative buffer is retained along the property lines that provides adequate screening of the site.
(13) 
All campground sites shall provide suitable recreation area or areas on the site, containing not less than 10% of the campground site, and may include a suitable improved, fenced, and equipped children's play area.
(14) 
No permanent structures shall be permitted for use as living quarters, with the exception of the resident manager or property owner. The resident manager or a caretaker shall be on the premises on a regular basis, as determined by the Planning Board, to guard against vandalism during the off season.
(15) 
Recreational facilities such as golf courses, tennis courts, swimming pools and camp recreational facilities shall be for campsite guests only. Requirements for said recreational uses shall be as set forth in other applicable sections of this chapter.
(16) 
Fire protection. The property owner shall ensure that adequate fire protection equipment is on the premises at all times, as recommended by the Building Inspector.
(17) 
Public phone. Each campground shall have at least one public phone.
(18) 
Register. The owner or resident manager shall keep a register of all visitors to the facility. The register shall specifically contain the name of a contact person for each camping party, his home address, and a phone number where he may be reached at his home or regular place of employment.
(19) 
Performance bond. A performance bond, in an amount and form acceptable to the Town Board, shall be provided to ensure the proper installation of any public improvements.
AA. 
Adult bookstores and adult-oriented businesses.
[Added 12-10-2002 by L.L. No. 6-2002]
(1) 
Purpose; findings.
(a) 
Purpose. The primary purposes of this subsection are as follows:
[1] 
To preserve the character and quality of life of the Town's neighborhoods and businesses.
[2] 
To control such documented harmful and adverse secondary effects of adult uses on the surrounding areas as: decreased property values; attraction of transients; parking and traffic problems; increased crime (including prostitution, rape and assaults in the vicinity of such businesses); loss of business for surrounding nonadult businesses; and deterioration of neighborhoods.
[3] 
To maintain property values.
[4] 
To prevent crime.
[5] 
To protect retail trade.
[6] 
To restrict minors' access to adult uses.
[7] 
To maintain the general welfare, safety and morals of the Town of Mamakating residents.
(b) 
The Town Board of the Town of Mamakating hereby finds that adult-oriented businesses have had a serious negative secondary impact on surrounding areas, including declines in property values, degradation of neighborhoods, increases in crime, and deterioration of community character. These impacts include exposure of children and teenagers to graphic sexual images, increased crime, diminishing property values, adverse effects upon the climate for other types of commercial activity, and negative influences upon community character. Sexually explicit business signs or displays visible from public streets are particularly offensive. The Town of Mamakating is presently in the process of undergoing a transformation. Various local groups have been working tirelessly to improve both the appearance and quality of life in the Town of Mamakating. The failure to properly regulate adult uses could undermine these efforts. There have been a substantial number of studies conducted throughout the United States. The Town of Mamakating has considered the findings of these studies and those incorporated in the cases of City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986), Young v. American Mini Theaters, Inc., 427 U.S. 50 (1976), Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991), City of Erie v. Pap's A.M. tdba "Kandyland," 529 U.S. 277 (2000), and Town of Islip v. Caviglia. 73 N.Y.2d 544 (1989). The Town's intent on enacting this section is not to restrict speech protected by the First Amendment but rather to provide it in a way which is consistent with the demands of the United States Constitution, as expressed in the referenced cases. It is also, however, intended to address, in a practical way, the very real secondary effects of adult-oriented businesses on the peace, good order and safety of the Town residents. So as to limit these impacts, such uses shall be subject to the following standards.
(2) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
ADULT MATERIALS
Shall include, but is not limited to any literature, books, magazines, pamphlets, newspapers, papers, comic books, drawings, articles, computer or other images, motion pictures, films, photographs, DVD's, video cassettes, slides or other visual representations, mechanical devices, instruments, clothing or any other writings, materials or accessories which are distinguished or characterized by their emphasis on matter depicted, described or related to specified sexual acts or specified anatomical areas as defined herein, or an establishment with a segment or section exclusively devoted to the sale, lease, gift, trade, display of such materials.
ADULT-ORIENTED BUSINESS
Use of a building, structure or property for a business that has adult materials in a section or segment devoted to such materials or as a substantial or significant portion of its stock-in-trade for the purposes of sale, rental, lease, trade, gift or display of such adult materials. For the purposes of this subsection, "adult-oriented businesses" shall also mean and include any nightclub, bar, tavern, restaurant, eating and drinking establishment, arcade, theater, video store, motel, hotel, or any other establishment that regularly features, for economic gain or other consideration, entertainment in any form which is characterized by nudity or the depiction or display of sexual activities or adult materials.
NUDITY
The showing of the human male or female genitals, pubic areas, buttocks, or anus, any part of the nipple or any part of a female breast below a point immediately above the top of the areola with less than a fully opaque covering.
(a) 
Less than completely or opaquely covered:
[1] 
Human genitals;
[2] 
Pubic region;
[3] 
Buttock; or
[4] 
Female breast below a point immediately above the top of the areola.
(a) 
Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast.
(b) 
Sex acts, normal or deviant, actual or simulated, including intercourse, oral copulation or sodomy.
(c) 
Acts of human masturbation, actual or simulated.
(d) 
Excretory function as part of or in connection with any of the activities set forth in Subsection (a), (b) or (c) above.
(e) 
Human male genitals in a discernible turgid state, even if completely and opaquely covered.
SUBSTANTIAL OR SIGNIFICANT PORTION
Includes a place with only a portion or section of its area set aside for the display, rental, sale of adult materials or an adult-oriented business defined above in this section, except that any place otherwise included in this section that can prove that not more than 10% of its square footage (of space of the interior which is open to the general public) is devoted to display of or sale of materials listed for the foregoing definitions shall be exempt from the provisions of this subsection so long as such material is kept out of the reach and visibility of minors.
(3) 
Permit required. No adult-oriented business shall be commenced or continued without a special use permit being obtained from the Town of Mamakating pursuant to this chapter.
(4) 
Zone in which permitted. An adult-oriented business shall be permitted only in the IO District of the Town of Mamakating.
(5) 
Geographical limitations. No adult-oriented business shall be located within 1,000 feet of any residence, residential facility or institution, health facility, church, synagogue, mosque or other place of worship, school, public or semipublic park or recreational facility, any establishment which serves alcoholic beverages, or any other existing adult-oriented business.
(6) 
Alcoholic beverages prohibited. Sale of alcoholic beverages at an adult-oriented business shall not be permitted unless the business is being operated as a bona fide restaurant or eating and drinking establishment.
(7) 
Signs and displays. No exterior display, or interior display which is visible from outside the business, shall be made to identify or portray the type of activity which occurs at an adult-oriented business excepting for one approved freestanding sign not to exceed a surface area of 20 square feet for each side. Such sign shall be subject to all other limitations applicable to signs. It shall not incorporate any obscene material but shall be otherwise unlimited as to message.
(8) 
Nonconforming buildings or lots. No nonconforming building or lot shall be used for an adult-oriented business. No other existing building, lot or use shall be added to, enlarged, expanded in size or program or converted for purposes of conducting an adult-oriented business unless application to do so has been made pursuant to this section and Planning Board approval has been given.
(9) 
Prohibited activities. The following activities shall not be permitted on the premises of any adult-oriented or other public place within the Town of Mamakating:
(a) 
Public appearance by a person knowingly or intentionally engaged in sexual intercourse, deviate sexual conduct or the fondling of the genitals of himself or another person, or the fondling of a female breast.
(b) 
The knowing and intentional public appearance of a person in a state of nudity.
(c) 
Use of sound amplification equipment. No loud speaker or other similar audio equipment used to describe or discuss specified anatomical areas or specified sexual activities shall be audible beyond the exterior of the structure in which it is located.
[1]
Editor's Note: L.L. No. 3-2007, adopted 12-18-2007, provided that a stormwater pollution prevention plan consistent with the requirements of Chapter 160 and § 199-44 shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in § 199-44. The approved site plan shall be consistent with the provisions of Chapter 160 and § 199-44.