Prior to approving any conditional use, the Planning Board shall determine the conformity of such use and the proposed development therefor with conditions and standards as set forth in this chapter, including the conditions and standards as set forth for site development plans. The Planning Board may adopt additional rules and regulations pursuant to §
215-140 of this chapter. Conditions prerequisite to approval of such uses are of
a general and specific nature. In various provisions of this chapter,
specific standards are enumerated for certain uses, which standards
shall be the minimum conditions for such use. The general conditions
and standards for conditional use and special permit approval are
as follows:
A. The proposed use shall be of such location, size and
character that it will be in harmony with the appropriate and orderly
development of the district in which it is proposed to be situated
and shall not be detrimental to the site or adjacent properties in
accordance with the zoning classification of such properties.
B. 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.
C. 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 development and use of adjacent land and buildings.
D. The proposed use will not require such additional
public facilities or services or create such fiscal burdens upon the
Town greater than those which characterize uses permitted by right.
E. As a condition of all special permit and conditional
use permits, right of entry for inspection with reasonable notice
shall be provided for to determine compliance with the conditions
of said permit.
F. As a condition of all special permit and conditional
use permits, a time limitation may be imposed.
G. In addition to the general standards for conditional
uses and special permits as set forth above, the approving board may,
as a condition of approval of any such use, establish any other additional
standards, conditions and requirements, including a limitation on
hours of operation, as it may deem necessary or appropriate to promote
the public health, safety and welfare and to otherwise implement the
intent of this chapter.
[Amended 4-27-2021 by L.L. No. 4-2021]
A. Schools of general or special instruction. The bulk standards use group for schools of general or special instruction as indicated in Column C-1 of the Table of General Use Requirements shall apply, except for minimum lot area, which shall be calculated as in §
215-80A(1) below.
(1) Minimum lot area for schools of general or special instruction.
(a)
Minimum lot area based on maximum enrollment. Based upon maximum
enrollment capacity, the required minimum lot area shall be 120,000
square feet for schools with 100 students or less, with an additional
required minimum lot area of 50,000 square feet added for each additional
increment of 50 students, or part thereof. For this purpose, the term
"maximum enrollment capacity" shall be defined as the number of students
that a conditional use applicant discloses as the maximum that can
be accommodated within all proposed school structures, and that will
serve as the maximum number that may be enrolled at any time for the
term of that special permit including any renewals thereof."
[1]
For example, under this code, a school with a maximum enrollment
capacity of 656 students would be rounded up to 700 students, and
require 120,000 square feet for the first hundred students and 600,000
square feet (600/50 x 50,000 square feet) for the next 600 students
for a total minimum lot area of 720,000 square feet or 16.5 acres.
(This is similar to Stony Point Elementary School which has 656 students
on 13.9 acres, while Farley Elementary School has 556 on 31.2 acres.)
[2]
Under this code, a school with a maximum enrollment capacity
of 2,552 students would be rounded up to 2,600 students and require
120,000 square feet for the first hundred students and 2,500,000 square
feet (2,500/50 x 50,000 square feet) for the next 2,500 students for
a total minimum lot area of 2,620,000 square feet or 60.1 acres. (This
is similar to North Rockland High School which has 2,552 students
on 63.5 acres.)
(b)
Furthermore, an additional minimum lot area requirement shall be required to be added to the amount required in Subsection
A(1)(a) above, if a dormitory is added to the site as an accessory use to the principal school use. An additional 1,800 square feet of required minimum lot area shall be required for each dormitory bed on the school site.
[1]
For example, a 656-student school with a dormitory containing
200 dormitory beds would require 720,000 square feet as in the example
above for the school plus an additional 360,000 square feet (200 x
1,800 square feet) for the dormitory for a total minimum lot area
of 1,080,000 square feet or 24.8 acres).
(2) Design requirements for schools of general or special instruction:
(a)
Architectural review. All applications for schools of general or special instruction shall be referred to the Architectural Review Board in accordance with Article
XVI of this chapter. The appearance of all principal and accessory structures shall be in harmony with the surrounding area and be of a similar design aesthetic in conformity with the scale and character of the neighborhood within which it is to be located.
(b)
Usable open space. The school of general or special instruction shall include at least one outdoor area of distinctive design with a minimum area of 10% of the minimum lot size as calculated in Subsection
A(1) above, which purpose is for recreation use by students, to create an area for gathering and/or recreation for use by the students, staff, and faculty of such institution. The usable open space shall be linked to an on-site pedestrian walkway network. Usable open space shall not be located within a required yard.
(c)
Utilities. All utilities shall be installed underground or within
buildings.
(d)
Landscaping. Applicant shall prepare and receive approval for
a landscaping plan addressing the following subjects:
[1]
All portions of the project site not used for impervious surfaces
shall be attractively landscaped or left in a natural condition.
[2]
Landscape buffer area. Except where the Planning Board finds
that existing vegetation to remain along the property boundary provides
adequate visual screening, a minimum twenty-foot-wide landscaped buffer
area shall be provided along all property lines, excluding the front
line, and access points. The required landscaped buffer area shall
be densely planted with a mixture of shrubs, trees not less than six
feet high and/or berms, which will create an opaque screen on a continuing
basis through all seasons. The required landscaped buffer area may
be incorporated into the required yards or setbacks. The Planning
Board also may require that a fence be added as necessary to effectuate
the screening, but such a fence shall be in addition to and not relieve
the need for the required landscaped buffer area plantings.
[3]
All landscaped areas along property lines which are crossed
by access drives shall be planted with low shrubs no greater than
three feet high and trees with a branching habit which begins at least
eight feet above ground level.
[4]
Planting shall not interfere with the normal sight distance
needed for safe entering and exiting maneuvers by motor vehicles.
(e)
Parking and internal roadway requirements:
[1]
All on-site drives and parking areas shall be constructed according to Article
VIII of this chapter.
[2]
Where a parking structure is proposed, the Planning Board shall
consider the effects of the proposed structure in terms of traffic
and environmental concerns, such as noise, air quality and headlight
glare, particularly the effects on any proximate residential properties,
and shall require landscaping, fencing or other measures to mitigate
any adverse effects. Parking structures shall only be incorporated
into a site plan to achieve the objectives of this chapter, including,
but not limited to, preservation of open space and reduction of building
coverage.
[3]
Parking lot landscaping. In addition to Article
VIII and Chapter
A220 requirements, one shade tree designed to reach a mature height of at least 20 feet shall be planted for every 12 parking spaces.
(f)
Other traffic and transportation requirements.
[1]
Regulation of faculty and staff arrival and departure times
in both a.m. and p.m. hours shall be established for schools of general
or special instruction as necessary to mitigate vehicle trips in the
a.m. and p.m. peak hour. The Planning Board may require the applicant
to coordinate timing of such arrival and departure times with schools
in the vicinity to the extent practicable in order to avoid conflicts.
[2]
For schools of general or special instruction, the applicant
shall submit documentation necessary to evaluate the need for each
of the following:
[d] Other changes in roads and traffic signals related
to changes in traffic activity.
[3]
The entrance points for pedestrian/bicycle paths shall be signed
indicating the need for bicyclists to share the path and properly
yield to pedestrians that are present.
[4]
A traffic circulation and parking plan shall be provided prior
to the issuance of a conditional use approval and shall be based upon
the maximum student capacity and traffic characteristics of the school
of general or special instruction. The plan shall be updated and submitted
as a prerequisite of any conditional use renewal. The plan shall provide
the following information:
[a] Bus circulation and traffic patterns expected to
be generated by the school of general or special instruction the design
of which must ensure the safe pickup and drop-off of children and
minimize impact on traffic flow;
[b] Demonstration that bus circulation and traffic
patterns shall not cause cars or buses to queue on public or private
roads at peak hours;
[c] Maximum student enrollment capacity and attendance
policies;
[d] Numbers of full-time and part-time faculty and
staff, with attendance policies and parking locations and requirements;
[e] If applicable, requirements for parental compliance
with busing and driving policies;
[f] If applicable, community residence of students
and whether busing is provided by home district, and for what grades;
[g] List of locations of bus drop-offs other than campus
and how students reach campus;
[h] List of exceptions to bus ridership and number
of students receiving exemption for each year;
[i] If applicable, number and size of buses transporting
students by grade;
[j] Number of students riding buses by grade; and
[k] Number of student drivers authorized and any limitations
thereto, with parking locations and requirements.
[5]
All construction of internal roadway improvements shall be completed
prior to the issuance of any temporary or permanent certificate of
occupancy.
[6]
All on and off-site traffic improvements required by the conditional
use criteria for this use shall be undertaken at applicant's sole
cost and expense.
(g)
Water. Each applicant shall demonstrate that there is sufficient
water capacity for the project and shall supply a potable water delivery
system capable of meeting both the domestic water and emergency firefighting
needs of the facility.
(h)
Signs. Signs shall be permitted for schools of general or special instruction in accordance with Article
IX, and shall contain English language characters and text to the extent necessary for public safety and/or to aid in the dispatch of emergency services.
(i)
Other conditions and safeguards. The Planning Board shall attach
such other conditions and safeguards to the special permit as are
necessary for the protection of the health, safety and welfare of
the community, and to assure continual conformance with the intent
of this chapter.
(3) Bulk provision waiver. The Planning Board shall have the authority,
consistent with the purposes of this chapter and upon finding that
the waiver shall not result in danger to the health, safety and general
welfare of the community, neighborhood or area residents, to waive
any bulk provision for schools of general or special instruction herein
up to 3%, for good cause shown.
B. Dormitories.
(1) Bulk and parking requirements. Dormitories are permitted only as
accessory uses to schools of general or special instruction, and only
shall be permitted as part of a conditional use approval for such
a school, subject to the following supplemental requirements below:
(a)
Bulk requirements in each zoning district for dormitories shall
be determined by the use group indicated for the principal school
of general or special instruction use, as indicated in column C-1
of the Table of General Use Requirements, and as defined in the Table
of Bulk Requirements, with the modifications below:
[1]
The required minimum lot area for a dormitory shall be provided according to §
215-80A(1)(b) above.
[2]
The minimum distance between a dormitory and any other building
on the lot shall be 50 feet.
[3]
The minimum distance between any dormitory and any interior
driveway shall be 25 feet.
[4]
The maximum height of any dormitory shall be the same as the
requirement for a one-family detached residence in the district where
the dormitory is located.
[5]
A dormitory shall be permitted only in habitable floors of a
structure as defined by the New York State Uniform Fire Prevention
and Building Code.
[6]
The dormitory buildings, and any dining halls serving such,
shall, in combination, contain not more than 35% of the gross floor
area of all buildings on the entire school site.
[7]
All dormitories shall be equipped with sprinkler and fire alarm
systems in accordance with the New York State Uniform Fire Prevention
and Building Code.
(b)
Parking for dormitories shall be provided in addition to the parking required for the school of general or special instruction in the Table of General Use Requirements Column F. One parking space shall be provided for every four dormitory beds for elementary and secondary schools and for every two dormitory beds for post-secondary schools. This parking requirement may be reduced by up to 25% pursuant to §
215-34B. Reserve areas for future parking lot development may be provided in lieu of construction of parking spaces, pursuant to §
215-34A.
(2) Lighting and landscaping.
(a)
All required outdoor lighting standards shall be the same for dormitories and the principal school use, as set forth in Subsection
A above.
(b)
Required screening and landscaped buffer areas shall be the same for dormitories and the principal school use, as set forth in Subsection
A above.
(3) Occupancy standards. Dormitory units shall only be occupied in accordance
with the limitations set forth in this section. The school of general
or special instruction shall provide annual reports to the Town Building
Department demonstrating compliance.
(a)
Occupancy of a dormitory unit shall be limited to full-time
students and full-time student supervisors, as defined by this chapter.
Full-time student supervisors shall not exceed 10% of the total of
dormitory occupants. There shall be no more dormitory beds accessory
to any school of general or special instruction than are reasonably
required to accommodate the school's maximum enrollment capacity of
full-time students and their full-time student supervisors, as required
under law.
(b)
If a person ceases to be eligible for occupancy, said person
shall vacate the dormitory within 30 days.
(c)
No dormitory unit or structure housing a dormitory unit shall
be sold in fee-simple or as any other interest in real or personal
property, or otherwise subdivided from the school of general or special
instruction use, nor shall any full-time student or full-time supervisory
staff be permitted to independently rent, sublet, lease or otherwise
grant permission to any other individual to reside in the dormitory.
(d)
No dormitory unit may be located in the cellar of a building.
(4) Solid waste disposal. Central refuse collection areas shall be located
for the convenience of all dormitories. They shall be supplied with
an adequate number and type of covered receptacles and shall be provided
with proper screening and maintenance. Such areas shall not be located
in the required front yard.
(5) Architectural review. All applications for dormitories accessory to schools of general or special instruction shall be referred to the Architectural Review Board in accordance with Article
XVI of this chapter. The appearance of all principal and accessory structures shall be in harmony with the surrounding area and be of a similar design aesthetic in conformity with the scale and character of the neighborhood within which it is to be located.
(6) Bulk provision waiver. The Planning Board shall have the authority,
consistent with the purposes of this chapter and upon finding that
the waiver shall not result in danger to the health, safety and general
welfare of the community, neighborhood or area residents, to waive
any bulk provision for dormitories herein up to 3%, for good cause
shown.
[Amended 4-9-2003 by L.L. No. 4-2003; 10-8-2013 by L.L. No.
2-2013]
A. Hotel and motel units shall not be used as apartments for nontransient
tenants. B. The following accessory uses shall be permitted. The permitting
of these uses as accessory uses shall not be construed to prohibit
additional similar principal uses on the same lot as the hotel as
otherwise permitted by the zoning:
(1) One apartment with or without kitchen facilities for the use of the
hotel or motel manager or caretaker and his family within the motel
building.
(2) Restaurants, coffee shops, bar and/or dining rooms.
(3) Amusements and sports facilities for the exclusive use of hotel guests.
(5) Meeting and/or conference rooms.
(6) Accessory local convenience commercial stores, except that the total
area devoted to such uses may not exceed 2,000 square feet and there
may be no external sign or advertisement of the accessory use.
The sheltering of animals, whether enclosed
in a structure or on open land and whether or not accessory to other
principal uses of the land, shall be conducted in accordance with
the following general standards:
A. In issuing the conditional use approval for animal
shelters, the Planning Board may stipulate the maximum number and
type of animals to be boarded, harbored or trained. That number shall
not exceed the quotient of 10,000 square feet of net lot area per
100 pounds of animal body weight characteristic of the species so
harbored. The square footage of the net lot area is that area of the
lot excluding the area of any required setbacks.
B. In considering the application for a conditional use
permit for the animal shelter use, the Planning Board shall consider
the number, size, breed and temperament of animals to be sheltered
and shall impose reasonable conditions to protect proximate uses,
aesthetic impact and safety of the animals sheltered in order to ensure
the health, safety and general welfare of the community.
[Amended 12-8-1987 by L.L. No. 6-1987; 10-8-2013 by L.L. No.
2-2013]
Gasoline service stations and/or auto repair are subject to
the following standards:
A. No stations shall be located closer than 200 feet to a school of
general instruction, public recreation area, community or neighborhood
place of worship or hospital, measured to the lot lines thereof.
[Amended 4-27-2021 by L.L. No. 4-2021]
B. Access points shall be located a minimum of 100 feet from the intersection
of the designated street lines. All accesses shall be defined by the
use of concrete curbing and shall be designed to provide safe and
convenient travel without the potential for backing vehicles into
the public street.
C. Pumps, pump islands and canopies are structures and shall not be
located in any required yards or setbacks, except that the Planning
Board may allow canopies to extend into the setback but not into any
yard. No outdoor display of products not associated with the gasoline
service station use shall be permitted.
D. Screening. A ten-foot-wide landscaped area shall be provided along
all property lines, excluding the front line, property lines adjacent
to existing commercial uses and access points. The landscaped area
shall be densely planted with a mixture of shrubs, trees and a fence,
not less than six feet high, which will create an opaque screen. All
landscaped areas along property lines which are crossed by access
drives shall be planted with low shrubs no greater than three feet
high and trees with a branching habit which begins at least eight
feet above ground level. Furthermore, no planting shall cause a hazardous
condition by interfering with the normal line of sight (350 feet in
either direction) needed for safe entering and exiting maneuvers by
motor vehicles.
E. Maintenance and operation. Due to the extent of land use impacts
from such stations which are a product of exterior operations, the
following requirements shall be made and noted on the site development
plan:
(1) All vehicles, including any cars, trucks or trailers offered for
rent or lease, except for one tow truck, shall be stored within a
building or a fully enclosed screened area surrounded by opaque fencing
and/or landscape screening no less than eight feet in height, when
the facilities are not open for business. Any such storage shall not
be located within a front setback. However, licensed vehicles parked
for minor repairs may be left outside for a period not to exceed 72
hours. At no time shall any dismantled automobiles, trucks, tractors,
trailers or accessories thereof be outside of a building. No more
than four unregistered vehicles shall be permitted to be stored at
any such facility at any one time. However, the number of unregistered
vehicles that may be stored may be increased pursuant to a special
request made to the Town Board.
(2) There shall not be any outside storage or display of accessories
or portable signs when gasoline service facilities are not open for
business, except that pricing signs are excluded from this regulation.
(3) Rubbish, oil cans, tires, discarded motor vehicle parts and components
and any other waste materials may be temporarily stored in a completely
fenced-in opaque enclosure adjacent to the gasoline service station
building. The area of such enclosure shall not exceed 200 square feet.
There shall be no storage at any time of any of the above-mentioned
items outside of such enclosure.
(4) No repair work may be performed out of doors. This does not preclude,
however, adding oil to motor vehicles, changing windshield wipers
or other similar simple repairs normally performed in conjunction
with the sale of gasoline or working on only one vehicle at a time
out of doors during normal business hours, provided that such vehicle
is not remaining on lifts or blocks after business hours and is properly
stored.
(5) During the hours that a gasoline service station is open, all cars
of employees and customers and tow trucks must be parked only in areas
designated on the site development plan.
(6) All landscaped areas designated on the gasoline service station site
development plan and/or landscaping plan shall be maintained in a
neat and healthy condition.
F. Vehicle sales prohibited. The offering for sale and the sale of new
or used motor vehicles is prohibited. This prohibition includes the
display of registered or unregistered vehicles with any "for sale"
sign thereon.
G. Discontinuance of use. In the event that a gasoline service station
is abandoned, as determined by the Building Inspector, the owner,
lessee and/or motor fuel supplier of said gasoline service station
shall immediately remove gasoline pumps, all identification signs
and lighting poles. Removal of tanks must be performed in conformance
with applicable rules and regulations governing tank removal. The
owner and/or lessee shall also provide adequate protection against
unlawful entry into the buildings and onto the property and shall
close all vehicular entrances to the property to prevent the storage
of abandoned vehicles thereon.
[Amended 10-8-2013 by L.L. No. 2-2013]
Automobile washing facilities may be permitted by the Planning
Board as provided in the Use Table, subject to the following requirements:
A. Where an automobile washing facility is proposed as a principal use,
each establishment shall provide parking/waiting areas equal in number
to six times the maximum capacity. Four times the maximum capacity
shall be provided for automobiles beyond the exit of the equipment
so situated as to be usable for the hand finishing of the washing
process and which shall be no closer than 50 feet to any street right-of-way
line. A maximum capacity shall be determined by dividing the equipment
line by 20 feet.
B. The above listed requirement shall not apply to accessory mechanized
automotive washing facilities designed to wash one stationary vehicle
at a time.
A. The Planning Board may permit camps, day camps, summer
colonies and recreational facilities, such as golf courses and tennis
and swim clubs, upon terms and conditions limiting the periods of
operation.
(1) Access to such facilities shall be limited to improved
state, county or Town roads shown as major roads on the Official Map.
Such facilities shall be adequate to preclude the necessity of pedestrian
traffic outside the approved facility, except for travel within a
state or county park or parkway.
(2) Camps, day camps and summer colonies may include such
structures as bungalows, tent stands and cottages, provided that no
heating or plumbing facilities are installed that permit residential
year-round occupancy. Covenants precluding such occupancy shall be
recorded in the County Clerk's office.
(3) Camps, day camps and summer colonies shall not be
deemed to include any trailer or recreation vehicle campers' facilities
nor shall accommodations of any sort be offered for transient or overnight
camping.
B. Swimming clubs or swimming pools, other than private
residential swimming pools, shall be classified and located as follows:
|
Type of Pool
(class)
|
Maximum Area
(square feet)
|
Minimum Setback From Any Property Line
(feet)
|
---|
|
A
|
Over 3,500
|
200
|
|
B
|
Over 2,500
|
175
|
|
C
|
Over 1,500
|
150
|
|
D
|
1,500 or less
|
100
|
C. All recreational facilities shall comply with the
following minimum setback requirements of the Bulk Table.
D. Lighting. If outdoor lighting is provided for any
of the foregoing recreational facilities, including swimming pools,
which permits use of the facilities after 10:00 p.m., the applicable
setback requirements for such facility shall be doubled. All lighting
shall be located so as not to be visible at the source from any adjoining
property.
E. Noise. A public-address system or any other amplified
noises are prohibited.
F. Parking. All parking areas and spaces shall have dustless
surfaces.
G. Enclosed buildings. All facilities such as casinos
and recreational halls shall be located within completely enclosed
buildings.
[Amended 5-11-1999 by L.L. No. 6-1999]
A. It shall be the duty of the owner or his agent to
file a certification with the Building Inspector indicating compliance
with this chapter's requirements relating to the number of occupants
and the age of the occupants in each dwelling unit.
B. No dwelling unit shall contain more than two bedrooms,
except that one dwelling unit for each superintendent may be provided,
which shall consist of no more than three bedrooms.
C. Except for the superintendent and his family, the
occupancy of a senior citizen housing development shall be limited
to single persons who qualify as senior citizens under present, future
or amended definitions of the governmental agency providing subsidy
or support to the project (Federal Department of Housing and Urban
Development, New York State Division of Housing and Community Renewal
or similar or successor agencies of the federal or state government)
or to families, the head of which so qualifies, except that occupancy
of a dwelling unit by a family, the head of which is younger than
a senior citizen, shall be permitted if it is established that the
presence of such person is essential for the physical care of an eligible
occupant. In the absence of any definition, the minimum age for eligibility
shall be 55 years.
D. Within the senior citizen housing development, certain
related ancillary facilities may be permitted, either in a separate
building or in combination with dwelling units, such as cafeterias,
self-service laundries, lounges, game rooms, workshops or medical
infirmaries, only to the extent that they meet the needs of the occupants
of the development. Such facilities shall be subordinate to the residential
character of the development and shall be located out of public view
with no outside advertising. Such facilities shall be expressly approved
by the Town Board. Approval of a special permit and site development
plan for dwelling units in a senior citizen housing development in
no way constitutes approval for installation of any type of related
facility.
E. The gross site density shall not exceed 20 units per
acre.
F. Parking areas above the ground floor, if any, within
a building shall not be counted in computing development coverage
in accordance with the bulk standards that appears in the Bulk Table
for said use.
[Amended 9-12-2000 by L.L. No. 5-2000]
G. The maximum building height shall be 35 feet or two
stories, whichever is less.
H. The minimum distance between detached buildings shall
be 30 feet.
I. Suitably equipped and adequately maintained recreation
and open space shall be provided. A minimum of 300 square feet of
usable open space shall be provided per dwelling unit. Group sitting
areas shall be well defined by walls, fences, hedges or other plantings
designed to impart a sense of containment or security and to provide
group privacy.
J. There shall be provided a safe and convenient system
of drives, service access roads and walks, with due consideration
given in planning such facilities to such items as handrails and ramps.
Such facilities shall be adequately lighted, and said lighting shall
not be directed on adjacent streets or properties.
K. Central refuse collection areas shall be located for
the convenience of all units. They shall be supplied with an adequate
number and type of covered receptacles and shall be provided with
proper screening and maintenance.
L. All parking areas, driveways, recreation areas and refuse collection areas shall be no closer than 10 feet to any building or lot line, and any swimming pool shall be no closer than 30 feet to any building and 50 feet to any lot line. The requirement which prohibits parking in required yards (§
215-35A) may be waived by the Planning Board along property lines which abut parking areas or drives in contiguous senior citizen housing developments.
M. The required side and/or rear yard may be decreased
to 10 feet where abutting another senior citizen housing development.
Automobile sales and service agencies for the
sale and servicing of new and used motor vehicles, accessories and
customary accessory uses may be permitted, provided that such agencies
are franchised dealers or factory-owned dealerships of new motor vehicles
and that all operations are conducted from the same site and subject
to the following requirements:
A. No such facility shall be closer than 500 feet, measured
along the designated street line, to any residential district boundary,
institutional or nonprofit use or school of general instruction. Such
use may be permitted within 100 feet of a residential district along
a rear lot line.
B. The display area for vehicles shall not exceed 110
feet extending between the front yard line and principal building,
and not more than 10 vehicle display spaces shall constitute a display
group, with each group being separated by significant landscape elements.
C. The lighting level shall not exceed three footcandles
within a display area, and no banners, pennants and string flags are
permitted. No signs, including numbers, prices or other advertising
messages, shall be displayed so as to be visible to the public right-of-way,
except display window areas.
D. All motor vehicle storage other than the display area
and customer parking shall be fully fenced and screened from the side
and rear property lines. All other accessory uses, including servicing,
shall be conducted within fully enclosed structures. Gasoline service,
if provided, shall be located to the rear of the principal building.
Oil and gasoline storage shall be solely in underground tanks.
E. Where the use involves display or sales of recreational
vehicles with gross vehicle weight exceeding 5,000 pounds, or trucks
and commercial vehicles such as buses or tractors, the Planning Board
shall increase the applicable yards by a factor computed on the basis
of the vehicle height divided by five feet six inches.
Contractor's storage yards may be permitted
in the LI District, subject to the following requirements:
A. The Planning Board may require that all building materials,
equipment and supplies be located within enclosed buildings or open
sheds.
B. Outdoor storage areas, if any, shall be limited to
those specific locations and designated limits approved by the Planning
Board. Such outdoor storage areas shall be heavily screened and landscaped
from all street lines and lot lines, as may be required by the Planning
Board.
C. The Planning Board may require conformance to any
requirements recommended by the fire department having jurisdiction.
In no case shall the storage of any combustible materials be permitted
within 150 feet of any lot line.
D. The Planning Board may require conformance with any
other necessary requirements in order to prevent a nuisance to neighboring
properties by reason of dust, noise, odor or any other nuisance which
the Planning Board feels will be associated with the intended use.
[Added 7-12-2005 by L.L. No. 4-2005]
A separate freestanding dwelling unit for servants
or caretakers can be permitted as an accessory use to an existing
single-family residence in the R-1, RR, APRP and SR-R single-family
districts as authorized by special permit by the Town Board subject
to the following conditions:
A. The proposed servants’ or caretaker’s
quarters can be either:
(1)
A separate freestanding building, provided that
the lot is a minimum of two acres; or
(2)
Located in the principal single-family dwelling
that meets the required lot area in the zoning district, except the
primary dwelling must have at least 3,000 square feet of living area.
B. A separate building to be used as servants’
or caretaker’s quarters shall:
(1)
Not exceed the lesser of 1,500 square feet or
25% of the square feet of the primary single-family dwelling, including
garage space;
(2)
Have the same yard and setback requirements
as a primary residence in the zoning district; and
(3)
Not be located between the primary residence
and the access road.
C. Servants’ or caretaker’s quarters shall
be only rented or occupied by full-time employees of the residents
of the primary dwelling on the lot, and proof of employment shall
be provided to the Town on an annual basis in January of each year
and when there is a change in the ownership of the property. The
owner must reside in the primary residence.
D. There shall not be more than one caretaker’s
or servants’ quarters for each single-family dwelling and a
maximum of one caretaker’s or servants’ quarters per lot.
E. If a special permit is granted and any of the conditions
in this section are violated or cease to exist, the Town Board has
the right to revoke the special permit. Other than the conditions
set forth in this section, the Town Board may also place additional
reasonable conditions on the issuance of the special permit.
[Added 6-14-1994 by L.L. No. 3-1994]
The creation of new or expansion of existing
marinas, docks, related uses and facilities may be permitted where
authorized, subject to the following requirements:
A. There shall be an adequate water supply system to
serve a marina.
B. Marinas shall provide adequate capacity to handle
vessel sewage, either by means of on-site pump-out facilities or connection
to a treatment plant. All marinas with fueling facilities shall provide
pump-out facilities at each fuel dock. The determination of adequate
capacity shall take into account anticipated boat use on a transient
and seasonal basis.
C. Adequate and convenient rest room facilities for the
use of marina patrons shall be provided.
D. Adequate parking shall be provided. In no case shall
parking be located within 20 feet of the mean high-water line. Parking
areas shall utilize porous pavements and other approved measures,
including vegetative buffers, catch basins, retention areas and berms,
to control stormwater runoff and non-point pollution.
E. Docks and slips shall be designed and configured so
that they do not interfere with navigation or the rights of adjoining
owners and the public to use the river, do not harmfully affect the
environment or estuarine areas and are appropriately lighted to provide
adequate warning to boaters, but not to produce glare. The underwater
portions of docks, including piles, shall only be composed of materials
which are chemically inert and will have no adverse affect on the
environment or water quality. The number and configuration of docks
and slips shall be determined on a case-by-case basis considering
the location, limiting natural features of the sites, demonstrated
need and compliance with other state and federal laws.
F. Boat maintenance areas and activities. All boat maintenance
activities which involve potential sources of pollution shall be performed
over dry land and under cover. Control of by-products, debris, residues,
spills and stormwater runoff shall comply with applicable regulations.
All drains shall lead to a sump, holding tank or pump-out facility
for treatment and disposal by approved methods. Drainage of maintenance
areas directly into surface or ground water shall be prohibited.
G. Adequate and convenient access and circulation shall
be provided on site for fire-fighting and public safety vehicles.
H. Each marina shall provide for the collection and proper
disposal of solid waste, grease, oil and gasoline.
I. Any marina or related uses and facilities which dispenses
gasoline, diesel fuel, mixed fuels, engine oils and similar supplies
shall maintain sufficient material for the collection and absorption
of spilled petroleum products in the event of spills.
J. Adequate screening, as defined in this Chapter
215, from adjacent residential uses shall be provided.
K. Adequate fire protection to serve the marina or related
uses or facilities shall be demonstrated or otherwise provided by
the applicant.
L. Outdoor boat storage areas shall be situated so as
to have minimal visual impact on adjacent and surrounding residential
properties and views of the water from public roads.
M. All other pertinent matters which are related to the
public health, safety and general welfare.
N. The location of facilities shall not interfere with
developed and natural beach areas.
O. For permanent structures, the applicant shall demonstrate
that the facility shall have no undue adverse affect on fish and wildlife
habitats.
P. The applicant shall demonstrate that the facility
shall not unreasonably alter the natural flow of any water body or
affect the storage capacity of any areas in or tributary to that water
body.
[Added 5-13-1997 by L.L. No. 8-1997; amended 10-8-2013 by L.L. No. 2-2013]
A. Applicability. 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.
B. Application submission. In addition to the general requirements for
site plan approval, the applicant shall also submit:
(1) A sketch showing the floor plan of the home and the location of proposed
guest room(s).
(2) If a sign is proposed, a sign plan, including type and location of
illumination.
(3) 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.
C. Requirements and conditions of operation.
(1) The bed-and-breakfast shall be the primary residence of the owner.
(2) The minimum lot size shall be one acre, unless a larger minimum lot
size is specified for single-family residences for the district in
which the structure is located.
(3) There shall be no fewer than two nor more than eight guest rooms.
(4) Guest rooms shall not be equipped with a kitchenette or other cooking
devices.
(5) There shall be at least one full bathroom per each two guest rooms.
In addition, at least one separate full bathroom shall be maintained
for the owners of the single-family residence.
(6) A bed-and-breakfast is permitted one sign, not to exceed five square
feet on each side, identifying the name of the facility. Illumination
may be permitted, subject to Town Board approval. The Town Board shall
take into consideration the proximity of adjoining residences and
potential nighttime disturbance. Said sign shall not be illuminated
between 10:00 p.m. and sunrise.
(7) 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 one off-street parking space shall
be provided for each guest bedroom, plus an additional two spaces.
(8) The dwelling shall not be altered in a manner which would cause the
premises to differ from its residential character.
(9) Adequate water supply and sewage treatment capacity shall exist to
handle additional demands placed on the dwelling.
(10)
The reviewing board, in considering each individual application,
may impose reasonable conditions to protect the health, safety and
welfare of the occupants of said establishment, and the surrounding
neighborhood.
D. Approval. A permit to operate a bed-and-breakfast shall be valid
for one year from the date of issuance, subject to continuing compliance
with any conditions of the permit and subject to continuing compliance
with the New York State Uniform Fire Prevention and Building Code.
E. Permit renewal. The applicant may renew the permit for additional
five-year time periods, subject to approval of the reviewing board
and any fees applicable to the review of applications. The Town 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 reviewing
Board shall take the Building Inspector's report into consideration
when rendering a decision.
F. 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.
G. 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.
[Added 1-13-1998 by L.L. No. 1-1998]
A. Purposes. The purposes of the Ambrey Pond Reservoir
Protection District are the following:
(1) To protect water quality within 500 feet of the perimeter
of the proposed Ambrey Pond Reservoir, as illustrated in the Town
of Stony Point Comprehensive Master Plan, adopted in 1996, by providing
standards to limit development within the protective perimeter to
the maximum extent practicable.
(2) To provide a regulatory mechanism to review the introduction,
expansion or alteration of existing or proposed uses, buildings or
structures in order to ensure that development is designed in a manner
that protects water quality of the Ambrey Pond Reservoir.
B. Standards.
(1) The Town Board shall approve all special uses within
this zoning district and in accordance with these regulations.
(2) All conforming uses at the time of adoption of this
article shall be deemed to have special use permits for purposes of
these regulations.
(3) Any expansion, alteration, change of use or proposed
new construction of any special use or accessory use or structure
appurtenant thereto shall require issuance of a special use permit,
or amendment thereto.
(4) That area of a property located within the reservoir
flood line (elevation 316.0 feet), or within the five-hundred-foot
protective perimeter as illustrated on Figure 16 of the Town of Stony
Point Comprehensive Master Plan, may be used for calculating development
yield, notwithstanding that the property shall still be subject to
the soil standards defining slight, moderate and severe limitations,
as illustrated in the Town of Stony Point Comprehensive Master Plan.
C. Application.
(1) An application for a special use permit shall include
the following information:
(a)
Name, address and tax block and lot number of
subject parcel.
(b)
A description of the proposed changes to the
use, building or structure necessitating the special rise permit or
amendment thereto.
(c)
The Town Board may require the submission of
a site plan. The site plan shall illustrate the location of existing
and proposed uses, building or structures, the location and/or distances
to the reservoir flood line and the five-hundred-foot protective perimeter
line on the subject property, if applicable, and any other information
the Town Board deems to be appropriate.
(d)
Description of how water supply, sanitary sewer
disposal and erosion control shall be handled, with such supporting
technical material as may be requested by the Town Board.
(2) The Town Board shall refer said application to United
Water Resources, or any successor to said company, for their review
and comment.
D. Conditions. The Town Board, in issuing special use
permits for uses, buildings or structures proposed within this zoning
district, shall take the following into consideration:
(1) The proposed construction, expansion or alteration
of land shall, to the maximum extent practicable, be located outside
the reservoir protection perimeter.
(2) Soil erosion and sediment control measures shall be
utilized to reduce water quality impacts.
(3) The proposed construction, expansion or alteration
shall, to the maximum extent practicable, limit the introduction of
impervious surfaces.
(4) Any conditions recommended by United Water Resources
for protection of the watershed within which the reservoir is located.
E. Prior Uses. Any use lawfully in existence on January
13, 1998, and conforming to the use and bulk regulations of the RR
District at the time of this adoption date, shall be deemed to be
a conforming use in the APRP District.
[Added 4-14-1998 by L.L. No. 4-1998]
A. Requirements and conditions of operation.
(1) Parking spaces shall be provided at a rate of one
space per 250 square feet of gross floor area. Additional parking
spaces shall be provided for drop-off and pick-up of children at a
rate of one parking space per 20 children, which shall be provided
directly in front of the facility along an internal driveway or in
an approved parking area. The most appropriate location for drop-off
parking shall include a consideration of emergency access and shall
be determined by the Planning Board during site plan review.
(2) A minimum outdoor play area of 125 square feet per
child under three years of age, or per child three and over, whichever
is greater, shall be provided. Said outdoor play area shall be located
a minimum distance of 50 feet from any lot line or from any parking
area and 100 feet from any street. Outdoor play areas shall be directly
accessible from the principal structure and shall not require crossing
any street or parking area for access. The Planning Board may, as
part of site plan review and in consultation with the prospective
operator, modify this requirement to apply only to the largest age
group enrollment schedule to use the outdoor play area at one time.
(3) A six-foot-high solid fence or opaque fence combined
with hedge or tree plantings shall be provided to screen the outdoor
play area from adjoining uses, especially residential uses.
(4) Day-care centers shall be permitted on the first (ground)
floor of buildings only.
(5) Said facility shall provide a minimum of two exits.
(6) Day-care centers shall adhere to the requirements
of the New York State Uniform Fire Prevention and Building Code.
(7) If included as part of a shopping center, said day-care
center shall occupy an end unit only. If part of an office building,
said day-care center shall occupy the first (ground) floor of the
building. The minimum lot size and bulk requirements for a day-care
center shall conform to that for an office building or shopping center,
however, the minimum requirements for parking, outdoor play areas,
exits and screening shall be provided as required herein.
(8) Hallways with a length of 25 feet or greater between
the building exterior and the day-care center shall be prohibited.
[Added 12-12-2000 by L.L. No. 7-2000; amended 10-8-2013 by L.L. No. 2-2013]
These conditions govern outdoor commercial recreation:
A. Location. Where outdoor recreation facilities are allowed, said facilities
shall be located on site and in a manner that minimizes potential
impacts on nearby residential properties. Consideration shall be given
to locating outdoor facilities away from residential property lines.
The approving board may require that said facilities be screened through
use of vegetation, fencing or a combination thereof from adjoining
residential properties.
B. Hours of operation. The approving board may restrict the hours of
operation of a commercial recreation establishment to minimize impacts
associated with noise, lighting, traffic and similar potential effects
which may be disruptive to surrounding properties.
C. Site lighting. A site lighting plan shall be provided, including
all technical specifications for the type and intensity of lighting
proposed, the location and height of all lighting fixtures, standards
and luminaries. Lighting shall be designed so as not to affect nearby
residential properties. The approving board may impose conditions
on the operation of lighting, including, but not limited to, restrictions
on the hours of operation, creation of a vegetative buffer or similar
conditions.
D. Noise. Adequate evidence shall be furnished by the applicant demonstrating
that noise levels will not likely disturb nearby residential properties.
Such evidence must take into account the nature of the activity, the
general demeanor of the participants, the frequency of the activity
and the time and day of the proposed activity. In determining acceptable
noise levels, the approving board shall rely on local and county regulation,
as well as criteria established by the U.S. Environmental Protection
Agency and the United States Department of Housing and Urban Development.
E. Waste. The site plan shall demonstrate that wastes, including runoff
containing fertilizer, pesticides, as well as solid waste, will be
contained, treated and disposed of in accordance with applicable local,
county, state and federal regulations.
F. Safety considerations. Where outdoor recreation facilities are allowed,
the approving board shall consider the need for safety nets and similar
design elements to secure stray balls or other equipment from reaching
adjoining properties.
G. Special considerations. Because the range of recreational activities
allowed as components of commercial recreation establishments are
broad and the characteristics and intensity of use may vary, the approving
board may impose such additional requirements as may be necessary
to provide adequate protection to adjoining and nearby properties,
considering the proposed activity, the proposed location and the nature
of the adjoining community.
[Added 10-8-2013 by L.L. No. 2-2013]
Residences shall be permitted by conditional use permit of the
Planning Board in the BU District subject to the following conditions:
A. Residential units shall not be permitted in any ground story or on
any story located below grade or below a story containing a nonresidential
use.
B. The ground floor of the building must contain a nonresidential use
which is a permitted or conditional use permit nonresidential use
within the BU Zoning District.
C. A parking requirement of two parking spaces per residential dwelling
unit shall be met in addition to the parking requirement of the ground
floor nonresidential use(s). No credit for joint or shared parking
shall be permitted for the residential dwelling units and no adjustment
in required parking shall be granted by the Building Inspector as
may be otherwise permitted by the Zoning Local Law.
D. At least 200 square feet of unpaved outdoor recreational area shall
be provided per unit except that such area may contain block paver
areas serving as a patio.
E. Residential units shall be accessed by separate entrances from nonresidential
units.
F. Residential units shall each have a minimum floor area of 800 square
feet.
G. Residential units shall have no more than two bedrooms per unit.
H. Residential units shall be made available by covenant or deed restriction
to periodic inspection by the Building Department and Fire Inspector
upon demand.
I. Ground floor uses can not involve the storage of toxic or flammable
chemicals over 10 gallons, emit a day night noise level over 55 dBA
perceptible in the residential dwelling unit, or emit any unreasonable
odor or vibration.
[Added 3-10-2015 by L.L.
No. 2-2015]
The construction of mixed-use development projects, is hereby
authorized subject to the following conditions:
A. A mixed-use development site shall be serviced by public water and
sewer services.
B. The following uses are authorized as part of a mixed-use development:
(2)
One-family attached residence.
(3)
One-family detached residence.
(4)
Local convenience commercial.
(7)
Day-care center subject to the requirements of §
215-92.
(8)
Commercial recreation, including watersports recreation.
(9)
Retail kiosks not to exceed 500 feet per kiosk.
C. A mixed-use development shall demonstrate adequate vehicular access.
Internal roads may be private but must be a minimum of 24 feet wide
and built to Town standards for materials and design. Emergency access
to the site must be maintained during Federal Emergency Management
Agency (FEMA) one-percent (one-hundred-year) storms.
D. The waterfront mixed-use development must incorporate a marina meeting the requirements as detailed in the Town Code §
215-89 and containing at least one boat slip per three residential dwelling units, although nothing shall be construed to limit the use or ownership of boat slips to residents of the site.
[Amended 7-10-2018 by L.L. No. 3-2018]
E. The total residential density of the site shall not exceed 10 units per acre subject to §
215-16.
F. Local convenience commercial and local office business developments, as defined in §
215-5 herein, shall be permitted accessory uses and are intended to be small scale uses intended to serve the needs of the neighborhood. The floor area of any single business shall not exceed 8,000 square feet.
G. Overall parking requirements may be reduced by up to 50% upon demonstration,
to the satisfaction of the Planning Board, that uses within the development
shall have offset peak demand times and that total peak demand of
the site will not exceed the total number of parking spaces provided.
H. A continuous area of adequate width to support public use and enjoyment shall be provided along the Hudson River frontage. Public or private exhibition and performance spaces are permitted within this frontage, so long as they available to the general public (but not precluding charged admission) during normal daytime hours. Retail kiosks not exceeding 500 square feet are permitted uses within the frontage so long as they meet all applicable Town requirements regarding peddling and solicitation if located on public property. The applicant shall provide the Town with public access easements or fee title to such frontage area. This area may be located within the area prescribed for Hudson River setbacks by §
215-27 and shall not be deemed to be additive to those requirements. Nothing herein shall be construed to countermand the requirements to secure the interconnection of piers, slips, docks and other elements of a working marina with the shoreline and driveways, pathways and other access features are permitted, so long as they do not significantly interfere with public use.
I. Architectural review of all permanent non-marina structures is required.
J. At least 50 square feet of floor area per residential dwelling unit shall be provided for those nonresidential uses listed in §
215-92.2B.
K. Consistent with sound waterfront planning for rising sea levels and
increasing storm severity, the height requirement for buildings proposed
as part of waterfront mixed-use developments shall be measured from
the higher of existing grade or two feet above the base flood elevation
for the one-percent storm as shown on the most up-to-date FEMA Flood
Insurance Rate Map (FIRM) or advisory base flood elevations if they
have been adopted by the Town as part of the Flood Damage Protection
Chapter. Additionally, the Planning Board should work with the
applicant to make the proposed development more adaptive to future
increases in flood elevations, including but not limited to incorporating
such measures as infrastructure for the placement of deployable flood
walls, dry floodproofing, wet floodproofing, installing utility infrastructure
above flood elevations, and incorporating measures to allow for raising
building first floor elevations in the future.
[Added 1-23-2018 by L.L.
No. 1-2018]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM
A combination of photovoltaic building components integrated
into any building envelope system, such as vertical facades including
glass and other facade materials, semitransparent skylight systems,
roofing materials, and shading over windows.
GLARE
A continuous source of excessive brightness, relative to
diffused lighting. This is not a direct reflection of the sun, but
rather a reflection of the bright sky around the sun. Glare is significantly
less intense than glint, which is a direct reflection of the sun from
a solar panel.
LARGE-SCALE SOLAR GENERATION FACILITY
A solar array that is directly installed in the ground, is
not attached or affixed to any existing structure, is not roof-mounted,
and is used for the primary purpose of producing electricity for off-site
sale or consumption, with a capacity of 25 kW or more.
QUALIFIED SOLAR INSTALLER
A person who has skills and knowledge related to the construction
and operation of solar electrical equipment and installations and
has received safety training on the hazards involved. Persons who
are on New York State Energy Research and Development Authority's
(NYSERDA) list of eligible photovoltaic installers or who are certified
as solar installers by the North American Board of Certified Energy
Practitioners (NABCEP) shall be deemed to be qualified solar installers
for the purposes of this definition. Persons who are not on NYSERDA's
list of eligible installers or NABCEP's list of certified installers
may be deemed to be qualified solar installers if the Town determines
such persons have had adequate training to determine the degree and
extent of the hazard and the necessary personal protective equipment
and job planning to perform the installation safely. Such training
shall include the proper use of special precautionary techniques and
personal protective equipment, as well as the skills and techniques
necessary to distinguish exposed energized parts from other parts
of electrical equipment and to determine the nominal voltage of exposed
live parts.
ROOF-MOUNTED SOLAR ENERGY SYSTEM
A solar panel system located on the roof of any legally permitted
building or structure for the purpose of producing electricity for
on-site or off-site consumption.
SMALL-SCALE SOLAR GENERATION FACILITY
Solar generation systems that serve the building to which
they are attached, and do not provide energy for any other user, with
a capacity of 25 kW or less.
SOLAR ACCESS
Space open to the sun and substantially clear of overhangs
or shade, including the orientation of streets and lots to the sun
so as to permit the use of a solar generation facility on a lot.
SOLAR GENERATION FACILITIES
Solar panels, collectors, controls, energy storage devices,
heat pumps, heat exchangers, and other materials, hardware or equipment
necessary to the process by which solar radiation is collected and
converted into another form of energy, stored, protected from unnecessary
dissipation and distributed. Solar generation facilities include solar
thermal, photovoltaic and concentrated solar.
SOLAR PANEL
A device used for the collection and direct conversion of
solar energy into electricity.
B. Applicability.
(1)
The requirements of this chapter shall apply to all large-scale
solar generation facilities developed, modified or deployed after
the effective date of this section.
(2)
All solar generation facilities for which a valid permit has
been properly issued shall be designed, developed, erected, and deployed
in accordance with all applicable codes, regulations and standards.
Any connection to a public utility grid must meet all applicable town,
state, federal and public utility laws, rules, and regulations.
(3)
To the extent practicable, and in accordance with Town Code,
the accommodation of solar generation facilities and equipment and
the protection of access to sunlight for such equipment shall be encouraged
in the application of the various review and approval provisions of
the Town Code.
C. Permitting.
(1)
No large-scale solar generation facility shall be installed
or operated in the Town except in compliance with this chapter.
(2)
Applications for the installation of large-scale solar generation
facilities shall be submitted to and reviewed by the Planning Board
and must include, in addition to any supplemental information that
the Planning Board requests, the following:
(a)
If the property of the proposed solar generation facility is
to be leased, legal consent between all parties, specifying the use
of the land for the duration of the project, including easement and
other agreements, shall be submitted;
(b)
A site plan showing the proposed layout of the solar generation
facility signed by a professional engineer or registered architect
shall be required and shall include an indication of which trees are
proposed, if any, for clearing;
(c)
A narrative summary of the proposed equipment to be used including,
but not limited to, the number of panels, the number of solar arrays,
significant system components, mounting systems, safety equipment,
storage technologies, transformers, and inverters that are to be installed;
(d)
A property maintenance plan describing repair and maintenance
and property upkeep; and
(e)
A decommissioning plan shall be submitted as part of the application
to ensure the proper removal of large-scale solar energy installations.
Compliance with this plan shall be a condition of the issuance of
a special use permit under this chapter. The decommissioning plan
must specify that after the large-scale solar energy installation
can no longer be used, it shall be removed by the applicant or any
subsequent owner. The plan shall demonstrate how the removal of all
infrastructure and the remediation of soil and vegetation shall be
conducted to return the parcel to its original state, prior to construction.
The plan shall also include an expected timeline for execution. A
cost estimate detailing the projected cost of executing the decommissioning
plan shall be prepared by a licensed professional engineer. Cost estimations
shall take into account inflation. Removal of large-scale solar energy
installations must be completed in accordance with the decommissioning
plan. If the large-scale solar energy installation is not decommissioned
after being considered abandoned, the Town may remove the system,
restore the property and impose a lien on the property to cover the
costs of such removal and restoration to the Town. Large-scale solar
generation facility installations are considered abandoned after 180
days without electrical energy generation and must be removed from
the property.
(3)
Large-scale solar generation facilities are permitted as a principal use through issuance of a special use permit within R-1, RR, SR-R, and APRP Zoning Districts, subject to the following conditions, in addition to §
215-79, set forth in this chapter, including site plan approval.
(a)
Building permits are required for the development of all solar
generation facilities.
(b)
Height and setbacks. Large-scale solar generation facilities are subject to special bulk requirements found in §§
215-15 and
215-16 of the Town Code. The maximum height of the solar collector and any mounts shall not exceed 20 feet when oriented at maximum tilt. When calculating the maximum height of a solar collector, the Planning Board must incorporate other factors such as slope, elevation, and grade of the site. Large-scale solar generation facilities must be set back from any street 100 feet and from other lot lines by at least 50 feet.
[1] For any large-scale solar generation facility to
be sited on a parcel that is located in, or is adjacent to, any residential
zoning district, a twenty-foot buffer shall be provided in addition
to the setback requirements.
(c)
Lot size. A solar generation facility shall be located on lots
with a minimum lot size of 20 acres and a minimum separation between
large-scale generation facilities of 1,000 feet.
(d)
Lot coverage. All site structures including the panels when
oriented to zero tilt (pointing straight up) shall not cover more
than 75% of the horizontal ground area of the lot.
(e)
All solar arrays shall be designed to avoid glare and reflection
onto adjacent properties and adjacent roadways and shall not interfere
with traffic or create a safety hazard.
(f)
The solar panels shall be located in a manner to reasonably
minimize view blockage for surrounding properties.
(g)
The solar panels shall be screened, which will harmonize with
the character of the property and surrounding area, through the use
of architectural features, earth berms, landscaping, or other screening
capable of providing year-round screening; and if not already provided,
any such screening shall be installed along all sides in such a way
as to not obstruct solar access. A visual analysis shall be provided
during the approval process using line-of-sight profiles to the proposed
solar generation facility location.
(h)
Fencing seven feet in height and signage shall be placed no
closer than 75 feet from any public roadway around the utility meter
on all large-scale solar generation facilities. Waterproof signage
shall be placed immediately adjacent and/or in close proximity to
the electric meter that clearly shows the location of the DC disconnect
switch. Notification, with a location map, will be sent to the applicable
fire district.
(i)
Access roads for solar generation facilities shall be subject to the driveway specifications in §
215-38 of the Town Code.
(j)
Tree maintenance and removal. Any tree clearing shall be justified
with emphasis on development of previously cleared areas, and any
proposed tree clearing shall not exceed an area of more than 50% of
the subject property's size. Clearing shall be minimized and limited
to the area necessary for site access and the installation and operation
of solar panels.
(k)
Ground-mounted solar array installations require delineation and avoidance of freshwater wetland areas, in accordance with §
215-72 of the Zoning Law. Areas containing streams shall be delineated and avoided in accordance with § 215-71.1 of the Zoning Law. Any installations shall indicate proposed construction areas prior to construction and be designed so as to avoid any potential impacts to environmentally sensitive areas.
(l)
Stormwater analysis and control shall be provided consistent
with NYSDEC requirements. A full stormwater pollution prevention plan
meeting the requirements of the NYSDEC may be required as determined
by the Town Engineer. Ground-level plantings must be added throughout
the facility in order to mitigate stormwater runoff or erosion that
may arise from rain sheeting off solar panels.
(4)
Solar generation facilities and equipment shall be permitted
only if they are determined by the Town Engineer not to present any
unreasonable safety risks, including, but not limited to, the following:
(c)
Ingress and egress in the event of fire or other emergency.
(5)
Installations in designated historic districts shall require
a certificate of appropriateness from the Architectural Review Board.
(6)
The Planning Board may, in its discretion, waive the requirements
of this chapter for a large-scale solar generation facility that it
finds is harmonious with land uses in the area where it is proposed
to be built and where, because of its size or other considerations,
the Planning Board finds that it does not need to be subjected to
the special use permit and site plan regulations imposed by this chapter.
This waiver may be a partial waiver and the Planning Board may impose
any individual conditions found in this chapter.
(7)
The Planning Board may impose additional conditions on its approval
of any special use permit under this chapter in order to enforce the
standards of the Town of Stony Point Code and the standards referred
to in this chapter or in accordance with the State Environmental Quality
Review Act (SEQRA).
D. Safety.
(1)
All solar generation facility installations must be performed
by a qualified solar installer.
(2)
Prior to operation, electrical connections must be inspected
by the Town Code Enforcement Officer and by an appropriate electrical
inspection person or agency, as determined by the Town.
(3)
Any connection to the public utility grid must be inspected
by the appropriate public utility, and a certificate of inspection
must be provided to the Town.
(4)
Solar generation facilities shall be maintained in good working
order.
(5)
All solar generation facilities must meet New York Uniform Fire
Prevention and Building Code standards.
(6)
If solar storage technologies are included as part of the solar
generation facility, the storage technology must be placed in a secure
container or enclosure meeting the requirements of the New York State
Building Code when in use, and when no longer in use shall be disposed
of in accordance with any and all applicable laws, codes, rules, and/or
regulations.
E. Enforcement. Any violation of this chapter shall be subject to the
same civil and criminal penalties provided for in the Zoning Regulations
of the Town of Stony Point.
[Added 4-27-2021 by L.L.
No. 4-2021]
A. Community places of worship.
(1)
A building containing a community place of worship shall comply
with all requirements of all applicable building codes of New York
State and the zoning code of the Town of Stony Point.
(2)
No parking or loading shall be permitted within the required
front yard, although a drop-off or porte cochere shall be permitted.
All loading and delivery areas shall be located in the rear yard and
shall be effectively screened to a height to eight feet from all adjacent
residential properties and the public street.
(3)
Landscape buffer area. A minimum twenty-foot-wide landscaped
area shall be provided along all property lines, excluding the front
line, and access points. The landscaping shall incorporate plantings,
berms, and such other elements as are necessary to screen the facilities.
(4)
A community place of worship may or may not include a single
residential dwelling unit, but occupancy of the unit shall be limited
to clergy and/or their families. Such a single residential dwelling
unit shall be considered accessory and shall not require any additional
minimum lot area.
(5)
The application for the community place of worship shall be referred to the Architectural Review Board in accordance with Article
XVI of this chapter. The appearance of all principal and accessory structures shall be in harmony with the surrounding area and be of a similar design aesthetic in conformity with the scale and character of the neighborhood within which it is to be located.
(6)
For community places of worship, the principal use shall be
the holding of regularly scheduled religious services. Accessory facilities
and functions such as religious schools, social halls, administrative
offices and indoor recreation facilities may be provided, so long
as such facilities and functions shall be subordinate in aggregate
to the size and function of the community place of worship. No building
permit or certificate of occupancy shall be granted to such accessory
use, building or structure until the building permit and certificate
of occupancy for the principal use or building, respectively, have
been granted. A School of General Instruction established at the site
of a community place of worship shall not be considered as accessory
to the community place of worship, but rather as an additional principal
use.
(7)
Attendance at any services, wedding receptions or other social
or religious functions held at the community place of worship shall
be limited to the capacity of the community place of worship as determined
by the applicable building codes of New York State, as well as the
available on-site parking, unless a parking management plan (PMP)
is provided. Such events demanding parking in excess of the on-site
parking provided shall require a PMP to be submitted for approval
by the Planning Board as part of the special permit application establishing
a community place of worship, pursuant to the requirements set forth
below. The PMP shall be used to address parking demand during the
maximum projected attendance at the maximum building capacity, for
holy days or other large, planned events for the particular place
of worship making the application. Such PMP shall be provided to the
Stony Point Police Department, the applicable Fire Department and
the office of the Stony Point Town Clerk. If a PMP is required, as
part of the special permit process the applicant shall address the
following:
(a)
Designated off-site parking areas. The applicant shall submit
a fully executed written agreement between the applicant and one or
more providers of a location for off-site parking;
(b)
The applicant shall indicate implementation of group travel
to and from the off-site parking locations by the use of shuttle vehicles;
(c)
The applicant shall use traffic control measures such as the
hiring of an off-duty police officer and/or volunteers to facilitate
pedestrian flow, as well as on-site and off-site traffic;
(d)
The applicant shall provide a notification processes to notify
patrons of the community place of worship and others regarding the
locations of off-site parking areas to be used;
(e)
The applicant shall indicate a method of pre-event registration
to obtain a ticket before the holiday or event to use the on or off-site
parking facilities; and
(f)
In the event that off-site parking areas are not available to
accommodate the full capacity of the community place of worship, methods
to limit the number of event attendees to the number of attendees
that can be accommodated in the on-site parking area or at any available
off-site locations by utilization of a pre-event registration system
and distribution of tickets to registered persons that will be submitted
upon arrival at the site on the day of the event.
(g)
Existing community places of worship in existence prior to the
adoption of this section shall submit a PMP for large events to the
Planning Board within one year of adoption.
(8)
Signs. Signs shall be permitted for community places of worship in accordance with Article
IX, and shall contain English language characters and text to the extent necessary for public safety and/or to aid in the dispatch of emergency services.
(9)
The Planning Board may impose such additional restrictions and
conditions on the location of parking spaces, landscaping and/or fencing
to screen the community place of worship from adjacent residential
properties, outdoor lighting, and other conditions of use of the community
place of worship as, in the judgment of the Planning Board, are necessary
for the community place of worship to be able to operate in a manner
that is consistent with public safety and neighborhood character.
(10)
Commercial kitchen and catering facilities are permitted, in
compliance with all plumbing, electrical, fire, health and safety
codes.
(11)
A narrative summary shall be submitted, providing the anticipated
number of congregants, square footage of the sanctuary and other dedicated
spaces, days and hours of services, and number of parking spaces provided.
(12)
Bulk provision waiver. The Planning Board shall have the authority,
consistent with the purposes of this chapter and upon finding that
the waiver shall not result in danger to the health, safety and general
welfare of the community, neighborhood or area residents, to waive
any bulk provision for community places of worship herein up to 3%,
for good cause shown.
B. Neighborhood places of worship.
(1)
A building containing a neighborhood place of worship shall
comply with all requirements of all applicable building codes of New
York State and the zoning code of the Town of Stony Point.
(2)
A neighborhood place of worship may include a single residential
dwelling unit, but occupancy of the unit shall be limited to clergy
and their families. Such a single residential dwelling unit shall
be considered an accessory use and shall not require any additional
minimum lot area.
(3)
For neighborhood places of worship, the principal use shall
be the holding of regularly scheduled religious services. Accessory
uses such as classrooms, social halls, administrative offices, baths,
gymnasiums and/or indoor recreation facilities may be provided, so
long as such accessory uses in their aggregate shall occupy a maximum
of 35% of floor area. No building permit or certificate of occupancy
shall be granted to such accessory use, building or structure until
the building permit and certificate of occupancy for the principal
use or building, respectively, have been granted. A school of general
instruction established at the site of a neighborhood place of worship
shall not be considered as accessory to the neighborhood place of
worship, but rather as an additional principal use.
(4)
Parking lot landscaping. In addition to Article
VIII and Chapter
A220 requirements, one shade tree designed to reach a mature height of at least 20 feet shall be planted for every 12 parking spaces.
(5)
The application for a neighborhood place of worship shall be referred to the Architectural Review Board in accordance with Article
XVI of this chapter. The appearance of all principal and accessory structures shall be in harmony with the surrounding area and be of a similar design aesthetic in conformity with the scale and character of the neighborhood within which it is to be located.
(6)
A minimum twenty-foot-wide landscaped area shall be provided
along all property lines, excluding the front line, and access points.
The landscaping shall incorporate plantings, berms, and such other
elements as are necessary to screen the facilities.
(7)
Attendance at any services, wedding receptions or other social
or religious functions for congregants held at the neighborhood place
of worship shall be limited to available on- site parking. Irrespective
of the neighborhood place of worship meeting the parking requirements
of the Table of General Use Requirements, the attendance for
(8)
Signs. Signs shall be permitted for neighborhood places of worship in accordance with Article
IX and shall contain English language characters and text to the extent necessary for public safety and/or to aid in the dispatch of emergency services.
(9)
Use of any outdoor areas of the property shall be limited only
to parking and passive recreational uses requiring a minimum of facilities
or equipment, which may include a small jungle gym or climber for
children, benches and picnic tables.
(10)
The Planning Board may impose such additional restrictions and
conditions on the location of parking spaces, landscaping and/or fencing
to screen the neighborhood place of worship from adjacent residential
properties, outdoor lighting, and other conditions of use of the neighborhood
place of worship as, in the judgment of the Planning Board, are necessary
for the neighborhood place of worship to be able to operate in a manner
that is consistent with public safety and neighborhood character.
(11)
No cooking facilities will be permitted, other than warming
kitchen equipment for use by the clergy and/or congregants of the
neighborhood place of worship and any kitchen equipment for exclusive
use of residents of a residential dwelling unit. No catering facilities
are permitted.
(12)
A narrative summary shall be submitted, providing the anticipated
number of congregants, square footage of the sanctuary and other dedicated
spaces, days and hours of services, and number of parking spaces provided.
(13)
Bulk provision waiver. The Planning Board shall have the authority,
consistent with the purposes of this chapter and upon finding that
the waiver shall not result in danger to the health, safety and general
welfare of the community, neighborhood or area residents, to waive
any bulk provision for neighborhood places of worship herein up to
3%, for good cause shown.
[Added 4-27-2021 by L.L.
No. 4-2021]
A. A residential gathering place shall only be permitted as an accessory
to a one-family detached residence complying with the bulk standards
of the use group designated by the Town of Stony Point Table of General
Use Requirements for one-family residences including consideration
of water and sewer connection where relevant. The residence containing
a residential gathering place shall further comply with the requirements
of all applicable fire and building codes of New York State.
B. Only habitable spaces in compliance with all applicable building
codes may be utilized for a residential gathering place.
C. The maximum occupancy of the portion of a residence used as a residential
gathering place shall be the lesser of the number of occupants permitted
by the Building Code of the State of New York based on occupant load,
or the number of occupants determined by dividing the number of square
feet of the portion of the residence so designated as a residential
gathering place by 40 square feet per person.
D. No assemblies of nonresident persons may occur within a residential
gathering place when the owner and/or permanent tenant is not present.
E. The portion of a residence used as a residential gathering place
shall have a maximum floor area of 2,000 square feet, or a maximum
of 50% of the gross floor area of the residence, whichever is less.
F. Notwithstanding any other provision of this chapter, only those accessory
uses permitted as-of-right to a one family detached residence shall
be allowed at a residence with a residential gathering place. All
other accessory uses shall be prohibited including but not limited
to administrative offices, bath and shower facilities, gymnasiums,
indoor recreation facilities, schools and classrooms. Where such accessory
uses are proposed, the use shall no longer be considered for issuance
of a conditional use approval for a residential gathering place under
this chapter.
G. A residential gathering place shall be considered a nonresidential accessory use of a residential principal use and conform to the requirements of §
215-92.7.
H. The Planning Board shall require adequate screening in the required
rear and side yards, to protect the character and compatibility of
adjacent uses. Screening can consist of a wall, fence and/or plantings
as approved by the Planning Board.
I. The application for a residential gathering place shall be referred to the Architectural Review Board in accordance with Article
XVI of this chapter. The appearance of all principal and accessory structures shall be in harmony with the surrounding area and be of a similar design aesthetic in conformity with the scale and character of the neighborhood within which it is to be located.
J. No regularly scheduled assembly may be held between the hours of
11:00 p.m. and 6:00 a.m. For the purpose of this provision, "regularly
scheduled" shall mean occurring in greater frequency than three times
per calendar year.
K. No space within the residential gathering place may be rented out
to or utilized for meetings or functions not directly convened or
hosted by the residents of principal one-family detached residence.
L. One sign is permitted which shall meet the standards for a home occupation sign as set forth in §
215-48E. In addition, the sign shall contain English language characters and text to the extent necessary for public safety and/or to aid in the dispatch of emergency services.
M. Use of any outdoor areas of the property by nonresidents shall be
limited only to parking and passive recreational uses requiring a
minimum of facilities or equipment, which may include a small jungle
gym or climber for children, benches and picnic tables.
N. The Planning Board may impose such additional restrictions and conditions
on the location of parking spaces, landscaping and/or fencing to screen
the residential gathering place from adjacent residential properties,
outdoor lighting, and other conditions of use of the residential gathering
place as, in the judgment of the Board, are necessary for the residential
gathering place to be able to operate in a manner that is consistent
with public safety and neighborhood character.
O. No kitchen or cooking facilities will be permitted, in scale or type
other than those customarily incidental to a one-family detached residence.
P. A narrative summary shall be submitted to the Planning Board, providing
the maximum anticipated number of persons to be assembled, square
footage of the assembly spaces, days and hours of assembly, and number
of parking spaces provided.
Q. Bulk provision waiver. The Planning Board shall have the authority,
consistent with the purposes of this chapter and upon finding that
the waiver shall not result in danger to the health, safety and general
welfare of the community, neighborhood or area residents, to waive
any bulk provision for residential gathering places herein up to 3%,
for good cause shown.
[Added 4-27-2021 by L.L.
No. 4-2021]
A. The following provisions shall apply to any nonresidential use authorized
by special permit or conditional use permit in a residential zoning
district and shall be in addition to any conditions specifically imposed
on the use, or generally imposed by other provisions of this chapter.
Where the following conditions conflict with any other standard of
this code, the more restrictive provision shall govern.
(1)
On-site parking shall be provided according to the standards indicated in the Table of General Use Requirements, Column F. This parking requirement may be reduced by up to 25% pursuant to §
215-34B. Reserve areas for future parking lot development may be provided in lieu of construction of parking spaces, pursuant to §
215-34A. Parking demand beyond that provided on-site has significant potential to impact residential neighborhoods by resulting in on-street parking that may impact the capacity of residential streets to support safe pedestrian and cyclist use. Where the applicant anticipates that the actual parking demand will exceed that required by code regularly or occasionally based on special events or functions, the applicant shall provide adequate on-site parking in excess of the code required number or submit such other plans and interventions that are unobtrusive to the character of the residential neighborhood and avoid significant use of residential streets for parking accessory to the proposed use. Observance of regular on- street parking in the vicinity of an approved use shall be deemed presumptive evidence of noncompliance with the conditions of the conditional use permit requiring review by the Planning Board at the time of permit renewal pursuant to 215-77(B)(2).
(2)
Parking lot landscaping. In addition to Article
VIII and Chapter
A220 requirements, one shade tree designed to reach a mature height of at least 20 feet shall be planted for every 12 parking spaces.
(3)
No parking or loading shall be permitted within the required
front yard, although a drop-off or porte cochere shall be permitted.
All loading and delivery areas shall be located in the rear yard and
shall be effectively screened to a height of eight feet from any adjacent
residential properties and the public street.
(4)
Lighting. Outdoor lighting shall be limited to that necessary
for operational reasons and shall be so designed as to be compatible
with surrounding land uses. The applicant shall provide a lighting
plan showing that exterior lighting will not be directly visible beyond
the boundaries of the property line to the maximum extent practicable.
Any lighting shall be directed away from adjoining streets and properties
and shall be arranged as to reflect the light away from any adjoining
properties and abutting streets, highways, and roads.