Article VI Supplementary Regulations Applicable to Certain Uses

May continue indefinitely.

Shall not be enlarged, extended, reconstructed, or placed on a different portion of the lot occupied by such use on the effective date of this Part 1, nor shall any external evidence of such use be increased by any means whatsoever.

Shall not be changed to another nonconforming use without a special permit from the Zoning Board of Appeals, and then only to a use which, in the opinion of said Board, is of the same or a lesser degree of nonconformance.

Shall not be reestablished, if such use has been significantly discontinued for any reason for a period of one year or more, or has been changed to, or replaced by, a conforming use. Intent to resume a nonconforming use shall not confer the right to do so.

[Amended 6-7-2005 by L.L. No. 1-2005]

Nonconforming building or structure.

A nonconforming building or structure shall not be extended or enlarged.

A nonconforming building or structure shall not be moved to another location where such building or structure would also be nonconforming.

A nonconforming building or structure may be restored but not enlarged after damage by fire, accident or other act by God, and the nonconforming use may be reinstated, provided that the restoration is completed within one year after such damage is incurred.

Normal maintenance and repair, alteration, reconstruction or enlargement of a building which does not house a nonconforming use but is nonconforming as to district regulations for lot area, lot width, front, side or rear yards, maximum height and lot coverage or other such regulation is permitted if the same does not increase the degree of, or create any new, nonconformity with such regulations in such building.

Nothing shall prevent normal maintenance and repair of any building or structure or the carrying out upon the issuance of a building permit of major alterations or demolition necessary in the interest of public safety. In granting such a permit, the officers and employees of the Building Department shall state why such alterations were deemed necessary.

Nonconforming lots of record.

A residential lot which is owned individually and separate from any adjoining tract and existing on the date of enactment of this Part 1 or on the effective date of any subsequent local law amendment that does not have the minimum lot area specified for residential use in Article IV may be used for any use permitted by right in the zoning district in which the lot is located, provided that the lot contains at least 60% of the prescribed lot area and is within 75% of each of the other area and yard requirements of the district. This provision shall apply whether or not the lot is located in part of a subdivision approved by the Town of Thompson and filed in the office of the Sullivan County Clerk. Where such residential district in which the lot is located requires certain utilities, the provision of such shall be prerequisite to its residential use. A residential lot in an approved subdivision owned individually is relieved of conforming to the minimum lot area specified above, provided that said lot is serviced by both central water and sewer services.

Two or more nonconforming subdivision lots, not in separate ownership, in a subdivision approved by the Planning Board prior to the effective date of this Part 1 shall have three years from the effective date of this Part 1 to obtain a building permit under the provisions of Subsection C(1). Any nonconforming lot in a subdivision which has received final approval from the Planning Board more than three years prior to the effective date of this Part 1 and which is not serviced by central water and sewer systems shall not be eligible to receive a building permit, and said subdivision, part or lots thereof shall be resubmitted to the Planning Board in accordance with the applicable provisions of this Part 1.

Any lot in a subdivision approved by the Planning Board after the effective date of this Part 1 which conforms to the bulk, width and depth requirements of this Part 1 but which is made nonconforming as to bulk, width and depth by any future amendments of this Part 1 shall have three years from the effective date of the future amendment to obtain a building permit under Subsection C(1). Any subdivision lot for which a permit is applied for after the time periods specified herein shall conform to all the bulk regulations of this Part 1, and Subsection C(1) shall not apply to such a lot.

Any separate lot, nonconforming as to bulk, which becomes subsequently attached to other adjoining land in the same ownership shall be entitled to the benefit of the provisions of Subsection C(1) only if the total contiguous lot remains nonconforming as to bulk after the lots become attached.

Nonconforming bungalow colony. In accordance with this article, existing nonconforming bungalow colonies with lot coverage of less than 10% (excluding environmental constraints from total lot area), may be expanded subject to the following limitations:

[Added 1-19-2010 by L.L. No. 2-2010]

Existing bungalows may be replaced with a new unit on the same building footprint, provided that all applicable building separation requirements of the zoning district are met as well as all requirements of § 250-34 of Chapter 250 of the Code of the Town of Thompson; the Building Department in carrying out the provisions of this section may impose reasonable conditions set forth in writing to gradually bring preexisting development into closer conformance with the standards of the district in which the use is located, as is necessary to protect the public health, safety, and general welfare.

The floor area of existing bungalows and other existing structures on the premises may be allowed to increase by no more than 15% or 200 square feet, whichever is greater, based on the floor area approved in the original site plan, provided all applicable building separation requirements of the zoning district are met, following approval by the Planning Board, and provided that such addition does not result in the lot coverage of the entire colony to be greater than 10%. Once a bungalow or other existing structure has an approved addition as described above, no further additions to that bungalow or structure shall be permitted. All construction is subject to all requirements of § 250-34 of Chapter 250 of the Code of the Town of Thompson. The Planning Board, in carrying out the provisions of this section, may impose reasonable conditions to bring preexisting development in the applicant colony into closer conformance with the standards of the district in which the use is located, as is necessary to protect the public health, safety, and general welfare, and more specifically, may require changes and/or additions for the colony as a whole regarding access, location of refuse containers, sewage, drainage, landscaping, appearance of existing structures, number and arrangement of parking spaces, and dissemination of noises, noxious odors, dust, or other hazardous pollutants. All such additions to existing site plans shall be subject to public hearings.

No new buildings, units, or structures within a nonconforming bungalow colony are permitted.

Nonconforming single and two-family dwellings in the East Broadway Gateway District. Single-family dwellings and two-family dwellings, legally in existence as of January 1, 2020, or under construction pursuant to a building permit issued prior to January 1, 2020, shall be considered a permitted use, but shall be subject to the following limitation on future expansions:

[Added 1-21-2020 by L.L. No. 2-2020]

The single-family dwelling or two-family dwelling may not be rebuilt, enlarged or extended in any manner which increases its floor area or volume of enclosed space by more than 50% over the floor area or volume of the existing structure, or over the floor area or volume of the structure under construction for which a building permit has been issued, as of January 1, 2020. The limitation shall apply to all permits for construction cumulatively over the lifetime of the structure, subsequent to January 1, 2020. For the purposes of measuring permit applications against this standard, the Building Inspector shall consider the base floor area and volume of the structure as it is existed on January 1, 2020, according to the records of the Building Department of the Town. In the absence of such records, the applicant shall provide documentation on the size and configuration of the structure as of January 1, 2020.

New construction of single-family or two-family dwellings is prohibited in the East Broadway Gateway, and shall be considered a nonconforming use, unless such uses are part of a mixed-use development as defined by this chapter.

§ 250-21.1 Landscaping standards.

[Added 6-7-2005 by L.L. No. 1-2005; amended 1-5-2021 by L.L. No. 1-2021]

The Planning Board shall, in every instance where it is determined that a proposed site plan or special use could have a significant effect on the natural environment, adjoining land owners, or the view from a public highway, require that a landscape plan be prepared.

The landscape plan to be submitted shall indicate how existing vegetation will be preserved to the maximum extent possible and how building materials, colors, and textures will be blended with the natural and man-made landscape to enhance rather than detract from the aesthetic character of the area. Specific locations, varieties and size for all existing and proposed plantings shall be provided as part of the plan. Grading plans showing any slopes, berms, landforms, drains, and stormwater management facilities shall also be provided, if applicable.

Landscape plans shall be prepared by a licensed landscape architect or other design professional qualified to perform such services and shall include considerations of all man-made and natural features having a bearing on the landscape; in particular, the view from the public highways or adjoining properties, including signs and all principal and accessory structures.

The Planning Board, in reviewing the landscape plan, may employ the assistance of design professionals and shall consider the following for approving with modifications or disapproving the site plan or special use permit:

The plan should use landscaping to promote attractive development and preserve and enhance the appearance and character of the surrounding area.

The plan should use landscaping to delineate or define vehicular ways, pedestrian pathways and open spaces.

The plan should integrate open space as part of the overall site design, and preserve mature trees, hedgerows, wetlands and woodlots to the maximum extent possible.

The plan should use landscaping to create boundaries and transitions between areas of differing development intensities, as well as to separate areas of incompatible land uses.

The following guidelines and landscaping standards shall apply to any site where new development is proposed or existing buildings undergo significant upgrades or renovations:

Landscaped areas may include a combination of trees, shrubs, flowering plants, ground cover and manicured lawns. Simple designs requiring less maintenance are generally preferred, as landscaping that is not regularly maintained can look unkempt and become an eyesore.

Landscaped areas are recommended at the entrances to all residential developments and commercial buildings, and around permanent free-standing signage. Applicants are also encouraged to incorporate landscaping around buildings that are visible from public roads, especially along portions of buildings without ground floor display windows, such as side and rear elevations.

Landscape buffers are recommended to create an attractive natural barrier between properties. In such cases, the landscaping should appear as a single, cohesive buffer. Where appropriate topography and soil types exist, buffer areas are encouraged to be designed as landscaped bioswales or rain gardens.

Internal and peripheral landscaping plantings are recommended in parking lots to delineate driving lane, provide shade, improve community aesthetics and reduce stormwater runoff. See § 250-22E, Landscaping standards for parking lots.

All plant material shall conform with the "American Standard for Nursery Stock" of the American Association of Nurserymen, latest edition. Plant material shall be healthy specimens, suitable for local climate conditions, and shall be installed consistent with sound horticultural practices. Selected plants should be from the Zone 5b plant hardiness zone, and able to withstand poor and compacted soil conditions.

The use of native species is highly encouraged, and the use of invasive species as defined by six NYCRR Part 575 - Prohibited and Regulated Invasive Species shall be prohibited.

The location of overhead and underground utilities should be taken into consideration to maintain the health of trees and other landscaping by not compromising their root system or making them unstable through overpruning.

The minimum plant size shall be specified in the landscape plan and approved by the Planning Board. It is recommended that all landscaping material, except trees, be of a sufficient size at the time of planting to reach maturity within three years.

All landscaping required by this chapter shall be installed prior to occupancy or commencement of use. Where this compliance is not possible because of time of year, the Planning Board may grant an appropriate delay, provided a security bond is posted.

Any landscaping installed in accordance with this section that substantially deviates from the number, type or location of plant material shown on the approved landscaping plan shall be approved by the Planning Board before a certificate of occupancy is issued.

§ 250-22 Off-street parking and loading facilities.

Any landscaping installed in accordance with this section shall be maintained in good order to achieve the objectives of this section. Dead or damaged landscaping should be replaced within a reasonable timeframe as determined by the Planning Board.

Permitted accessory parking.

There is no limitation on the number of agricultural vehicles permitted accessory to farm use.

Not more than one commercial vehicle over 25 feet in length may be parked within a private garage in a residential district.

No parked motor vehicle or trailer less than 10 feet in width shall be used as a residence.

Permitted accessory loading berths. Off-street loading berths are permitted accessory to any use except residences, provided that such facilities are not located in a required front yard.

Required off-street parking spaces shall be as follows:

[Amended 1-5-2021 by L.L. No. 1-2021]

Use	Minimum Parking Spaces
Dwellings in a 1- or 2-family dwelling	2 per dwelling unit
Dwellings in a multiple-family building	1 1/2 per dwelling unit providing 2 bedrooms or fewer, and 2 per dwelling unit providing more than 2 bedrooms
Hotel or motel	1 per guest room, plus 1 for each employee engaged on the premises; related uses, such as restaurants and meeting facilities, shall be calculated separately
Home occupations, excepting doctors or dentists	2 per first 150 square feet of such use, plus 1 for each additional 150 square feet or fraction thereof
Office or clinic for physicians or dentists	8 for each physician or dentist, plus 1 for each employee
Bowling alleys	4 per alley, plus 1 for each employee; related eating and drinking places shall be calculated separately
Nursing homes and hospitals	1 per 2 beds, plus 1 for each employee
Outdoor sales	4 for the first 300 square feet of such use, plus 1 for each additional 150 square feet of sales area
Church, auditorium or other place of assembly not otherwise classified	1 for 3 seats or 50 square feet of seating area where fixed seating is not provided
Schools	1 for each 12 classroom seats or the auditorium requirements as specified above, whichever is greater
Retail and service stores or shops	1 per 250 square feet of retail space
Eating and drinking places	1 for each 3 seats
Amusement facilities, except bowling alleys	1 for each 5 patrons plus 1 for each employee
Industrial establishments	1 for each employee
Offices	1 for each 200 square feet of floor area

NOTES:
To prevent oversized parking lots that may produce excess stormwater runoff, no more than 120% of the minimum required parking spaces shall be allowed for all uses. For uses not specifically listed, the requirements shall be the same as for the most similar listed use.

Parking space standards.

Areas which may be computed as the required off-street parking space may include a garage, carport or other area available for parking, other than a street or driveway. A driveway within a required front yard in a residence district may be counted as one space.

Required accessory parking spaces, open or enclosed, may be provided upon the same lot as the use to which they are accessory or elsewhere, provided that all spaces therein are located within a five-hundred-foot walking distance of such lot. In all cases such parking spaces shall conform to all the regulations of the district in which they are located, and in no event shall such parking spaces be located in any residential district unless the uses to which they are accessory are permitted in such district, or by permission of the Planning Board. Such spaces shall be in the same ownership as the use to which they are accessory or leased for not less than 50 years, and said owner or lessee shall maintain the required number of spaces available either through the existence of such use or until such spaces are provided elsewhere.

For the purpose of computing the number of parking spaces available in a given area, each space shall be not less than 10 feet in width and 20 feet in length, with a minimum of 300 square feet allocated for each space in order to provide room for standing areas and aisles for maneuvering.

Unobstructed access to and from a street shall be provided. Such access shall consist of at least one ten-foot lane for parking areas with fewer than 20 spaces and at least two ten-foot lanes for parking areas with 20 spaces or more.

All open parking areas shall be properly drained and all such areas of over 10 spaces shall be provided with a dustless surface.

Required parking spaces may be provided in spaces designated to serve jointly two or more establishments whether or not located on the same lot, and the number of required spaces in such joint facilities shall be not less than the total required for all such establishments.

When any lot contains two or more uses having different parking requirements, the parking requirements for each use shall apply to the extent of that use. Where it can be conclusively demonstrated that one or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation, the Planning Board may reduce the total parking spaces required for that use with the least requirement.

Landscaping standards. Parking lots with landscaped islands consisting of either mulched planting beds, manicured grass, or a combination thereof are strongly encouraged.

[Added 1-5-2021 by L.L. No. 1-2021]

Wherever possible, applicants should incorporate green infrastructure elements into their parking lot design. Where soil types are adequate to provide stormwater infiltration, the planting islands should be notched and recessed to function as landscaped bioswales or rain gardens.

Trees and other plantings in landscaped islands should be able to withstand the stresses of urban conditions such as poor soils and prolonged exposure to the sun.

Parking lots should be buffered from public sidewalks with landscaping or fencing, or a combination of both. Fences should be constructed of natural materials (wood, brick, stone, etc.)

Trees should be of a sufficient height or should be pruned so they do not inhibit the sight lines of vehicles entering and exiting the parking lot.

To minimize cleanup and maintenance, trees that do not have fruit, and/or large cones that seasonally fall are preferred.

Shared parking.

[Added 1-5-2021 by L.L. No. 1-2021]

Where two or more uses on the same site are able to share the same parking spaces because their parking demands occur at different times, the same parking spaces may be counted to satisfy the minimum parking requirements for each use upon the approval by the Planning Board.

The following information shall be supplied to the Planning Board as part of a written request for shared parking:

A description of the types and uses that will share the parking.

The location and number of parking spaces to be shared.

Evidence showing that the peak parking times of the uses occur at different times and that the parking area will be large enough for the anticipated demands of all uses.

The Planning Board may grant approval for shared parking if it finds that:

The information provided presents a realistic projection of parking demands likely to be generated.

Peak demand is sufficiently distinct so that the Planning Board is able to clearly identify a number of spaces for which there will rarely be an overlap of parking demand.

Rights to the use of spaces are clearly identified in a written agreement or other legal instrument so as to facilitate enforcement.

§ 250-23 Performance standards for industrial use.

The Planning Board may require that a portion of the site be set aside for the development of future parking in the event the shared parking proves to be inadequate to accommodate parking demands or a change in use of any of the properties causes parking demands to converge at the same times.

No use shall be permitted that does not conform to the following standards of use, occupancy and operation:

Noise. Noise shall not exceed in intensity, as measured from the boundary of the lot where such use is situated, the average intensity, occurrence and duration of the noise of street traffic at adjoining streets.

Atmospheric effluence. No dust, dirt, smoke, odor or noxious gases shall be disseminated beyond the boundaries of the lot where such use is situated.

Glare and heat. No glare or heat shall be produced that is perceptible beyond the boundaries of the lot on which such use is situated.

Industrial wastes. No solid or liquid wastes shall be discharged into any public sewer, private sewage disposal system or stream or on or into the ground, except in accord with the standards approved by the New York State Department of Health or similarly empowered agency.

Fire and explosion hazards. All activities involving and all storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire-suppression equipment and devices standard in the industry. Burning of waste materials in open fires is prohibited. The relevant provisions of state and local laws shall also apply.

Radioactivity or electromagnetic disturbances. No activity shall be permitted which emits dangerous radioactivity beyond the structure in which such activity is situated or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.

Landscaping. All open portions of any lot shall have adequate grading and drainage and shall be continuously maintained in a dust-free condition and protected against erosion with suitable plantings of trees, shrubs or ground cover or by paving with asphalt, concrete, rock or by other material as shall be approved by the Planning Board. Required yard areas shall be planned and maintained in such a manner as to provide a parklike setting for all buildings.

§ 250-24 Mobile homes outside of mobile home parks.

[Amended 8-2-1994 by L.L. No. 3-1994; 10-4-1994 by L.L. No. 4-1994; 5-20-1997 by L.L. No. 3-1997; 6-7-2005 by L.L. No. 1-2005]

Statement of intent. The Town Board has determined that permitting double-wide mobile homes on individual lots outside of mobile home parks is no longer a desirable addition to the residential opportunities in the Town.

All preexisting double-wide mobile homes on individual lots outside of mobile home parks at the time of the enactment of Local Law No. 1-2005 shall be permitted to remain as a continuing nonconforming use pursuant to § 250-21 of this Part 1 and subject to the following regulations:

The minimum habitable dwelling area applicable to the lot as specified in Article IV, District Regulations, may not be met by including any area of additional construction that is added to the basic manufactured unit.

Double-wide mobile homes shall be installed on a load-bearing perimeter foundation, such as a full basement or crawl space, or they may be founded on a slab surrounded by permanently installed masonry skirting.

Double-wide mobile homes may either be newly manufactured or used but no more than 10 years old on the date of the application for a building permit.

In order to simulate the appearance of a conventional, detached single-family dwelling, all roofs shall be of asphalt composition, with a minimum pitch three vertical to 12 horizontal.

Mobile homes, double-wide, are permitted in subdivisions in the RR-1 District, provided that all district regulations are met.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Replacement of existing mobile homes. Any mobile home lawfully installed under this Part 1 or the predecessor Zoning Ordinance, or prior to the enactment of said Zoning Ordinance, may be replaced by a mobile home, provided that said replacement occurs within one year of the removal of the preexisting mobile home, and provided further that the replacement mobile home is no more than 10 years old at the time of replacement and that it conforms to the definition of "mobile home" set forth in this Part 1, and further provided that the mobile home is installed on a slab surrounded by permanently installed masonry-type skirting. A variance will be required for any deviation from this provision.

§ 250-25 Mobile home parks.

Permits.

No person shall construct, own or operate a mobile home park without a permit, obtained as herein provided, and failure to have such a permit shall constitute a violation of this Part 1.

A mobile home park shall be allowed only by authorization of the Planning Board in those districts where such use is permitted.

Applications for a mobile home park building permit shall be filed with the Planning Board for approval. Upon authorization of the Planning Board, the officers and employees of the Building Department shall, upon receipt of the proper annual fee, issue a building permit for a mobile home park.

Permits shall not be transferable or assignable.

After issuance of the permit to build, the same shall be valid until the end of the calendar year and shall be renewable every six months.

Renewal applications shall be filed with the officers and employees of the Building Department before the first day of December next preceding the expiration of the original permit. Prior to the issuance of a renewal permit, the officers and employees of the Building Department shall inspect the mobile home park premises for compliance with these regulations. Any deviation from the application as originally approved by the Planning Board shall require a new application before the Planning Board and shall be in conformance with these regulations. Upon approval of the officers and employees of the Building Department or Planning Board, as the case may be, and payment of the proper annual fee, a renewal permit shall be issued.

Applications for a mobile home park permit shall be in writing, signed by the applicant, and shall state:

The name and address of the applicant(s) and, if a corporation, the name and address of each officer, shareholder (if fewer than 10) and director;

The interest of the applicant in the property if not the owner of record; and

The name and address of the property owner.

Each application shall be accompanied by a site plan indicating the following information:

Location of the proposed mobile home park, showing the boundaries and measurements of the premises, and location and number of mobile homes to be situated therein;

Means of egress and ingress to all public roads;

Watercourses and drainage ditches;

Internal roads and off-street parking facilities;

Water supply and sewage disposal facilities;

Fire extinguishers;

Fences and screening;

Location of outdoor lights, signs and other structures;

Names of owners of adjoining properties;

Location of all trees over eight inches in diameter, measured four feet from ground level, and proposed plantings;

Recreation facilities; and

Location and type of trash and rubbish facilities.

Annual fee.

The annual fee for a mobile home park permit shall be as provided in the local law establishing fees.[1]

Editor's Note: See Ch. 66, Planning Board and Zoning Board of Appeals, Art. I, Fees.

There shall be no apportionment of the fee for a permit of less than 12 months' duration.

Requirements and standards.

The minimum lot area for a mobile home park shall be 10 acres and contain at least 5,000 square feet per mobile home site.

Sewage disposal and water supply systems shall have the approval of the New York State Department of Health or shall conform to the requirements of any ordinance or local law of the Town governing such systems, whichever is more restrictive.

The area shall be well drained and shall have such grades and soil as make it suitable for mobile homes.

No mobile home shall be less than 30 feet from any other mobile home.

Each mobile home site shall provide suitable connections to a central sewage disposal system and to an approved water supply system and underground electrical service approved by an appropriate electrical inspection person or agency, as determined by the Town.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Garbage and refuse shall be collected and removed from the premises at least once a week. All refuse shall be stored in flytight, watertight, rodentproof containers, which shall be located not more than 150 feet from any mobile home.

A public telephone shall be provided for each mobile home park, and fire extinguishers, approved by the local fire district officers, shall be furnished so that no mobile home shall be more distant than 150 feet from such extinguisher.

The outside burning of garbage, trash or rubbish is prohibited.

All mobile homes and other structures shall be set back at least 50 feet from the right-of-way line of any public street or property line and 25 feet from any internal access street.

Access to a mobile home park from a public street shall be provided by at least two connections, one for egress and one for ingress. All internal access streets shall be at least 20 feet wide and shall be provided with an asphalt surface.

Off-street parking spaces shall be provided containing at least 180 square feet per space. Three such spaces shall be furnished for every two mobile homes.

(12)

All entrances and exits, internal access streets, and other public spaces shall be adequately illuminated.

(13)

One nonflashing, illuminated sign containing an area of not more than 40 square feet and not more than 10 feet above ground level at its highest point may be displayed. Such sign shall be set back at least 20 feet from any public road and at least 50 feet from any property line.

(14)

Mobile home parks shall be landscaped in accordance with the following specifications:

A side or rear yard adjacent to an existing developed residential area shall be a minimum width or depth of 100 feet; the 50 feet nearest to the residential area shall be used as a planting strip, on which shall be planted hedges, evergreens, shrubbery or other suitable plantings or screening as determined by the Planning Board; the remaining 50 feet may be used for off-street parking.

All open portions of any lot shall have adequate grading and drainage and shall be continuously maintained in a dust-free condition by suitable landscaping with trees, shrubs or planted ground cover or by other suitable material as shall be approved by the Planning Board.

Required front yard areas shall be planned and maintained in such a manner as to provide a parklike setting for all units.

(15)

The operator of a mobile home park shall keep a register wherein there shall be noted the name and permanent address of every mobile home situated in the park, the registration number of the same, the date it was admitted, and the date of its removal. Such register shall be signed by the owner of the mobile home or the person bringing the same into the park.

(16)

Upon consideration of the intensity of development and the total number of mobile homes proposed, the Planning Board may require the reservation of not more than 10% of the gross area of the mobile home park for the exclusive use of the residents therein for recreation purposes. The minimum area for such purpose shall be not less than one acre.

(17)

Sale of mobile homes shall be permitted at any properly licensed mobile home park.

Requirements and standards applicable to preexisting mobile home parks.

[Amended 10-7-1997 by L.L. No. 8-1997]

These regulations shall apply to all mobile home parks in operation prior to the effective date of this Part 1.

Whenever practical, replacement or installation shall comply with the current standards of § 250-25C of this Part 1.

No mobile home or double-wide mobile home shall be sited within 30 feet of any other mobile home except where a preexisting mobile home is replaced with a larger mobile home. Upon such replacement, if topography, curvature of road or other limiting conditions warrant, this distance may be reduced to 10 feet, provided that the average separation between the two ends of two individual homes is at least 20 feet. This average may be further reduced to 15 feet if the separation distance from the mobile home on the opposite side is at least 25 feet.

A replacement mobile home may be placed in the same location as an existing mobile home but not closer to any internal access street than 15 feet or the closest of any other then-existing mobile home located upon the same internal access street, whichever is greater.

Parking spaces for two motor vehicles must be provided for each replacement mobile home. The parking spaces may be parallel to the internal access street whenever there is 24 feet of road frontage available (per vehicle) along the internal access street or may be perpendicular to the access street provided that the minimum depth for parking is at least 28 feet as measured from the edge of the internal access street.

The Planning Board, when necessary, may vary the strict interpretation of these regulations in keeping with the procedures stated in Article IX of this Part 1.

Expansion of an existing mobile home park after the effective date of this Part 1 shall be made only in accordance with § 250-25C of these regulations.

§ 250-26 Cluster developments.

Purpose. The Planning Board may approve cluster developments in all districts, where permitted, according to the procedures and requirements specified below. The purpose of this provision is to provide flexibility in the design and development of land in such a way as to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities, and to preserve the natural and scenic qualities of open space.

Intensity of use.

The maximum number of dwelling units that may be approved in a cluster development shall be computed by multiplying the total acreage of the site after subtracting the areas that are unsuitable for development by the appropriate number of dwelling units per acre for the district in which such site is located as provided in IV, District Regulations. The maximum number of dwelling units shall not be approved if, in the judgment of the Planning Board, the site plan does not indicate adequate design and management of open space areas according to the following criteria:

Provision of recreation facilities;

Protection or enhancement of wildlife habitats;

Protection of surface water quality; and

Protection or enhancement of scenic quality.

In making this determination, the Planning Board may consult with the Town of Thompson Conservation Advisory Council and the Council's inventory and analysis of open space resources. The Planning Board shall determine the maximum number of dwelling units that the site is capable of supporting without causing adverse effects on the resources of the Town.

Ownership. All common land and facilities shall be in single ownership or unified control.

Utilities. Any cluster development shall be served by central water and central sewer facilities, each approved by the appropriate state agency or other entity having jurisdiction.

Site plan approval.

Prior to the issuance of a building permit in a cluster development, a site plan shall be submitted to and approved by the Planning Board in accordance with Article IX.

Said site plan shall include area within which the buildings and structures are proposed to be located, the height and spacing of buildings, open spaces and landscaping, off-street parking, open and enclosed parking spaces, driveways and any other physical features relevant to the proposed plan.

Nothing contained in this section shall relieve the owner or his agent or the developer of a proposed cluster development from receiving subdivision plat approval in accordance with Chapter 255, Subdivision of Land, as applicable. In approving the final plat for a cluster development, the Planning Board may modify the acreage requirement for recreation areas of Chapter 255, Subdivision of Land, provided that the common area dedicated in Subsection G(5) meets all other requirements of Chapter 255, Subdivision of Land.

Prior to site plan approval, the developer shall file with the Planning Board a performance bond to ensure the proper installation of all park and recreation improvements shown on the site plan and a maintenance bond to ensure proper maintenance of all common lands until the homeowners' association is established. The amount and period of said bonds shall be determined by the Town Board upon the recommendation of the Planning Board, and the form, sufficiency, manner of execution and surety shall be approved by the Town Attorney and the Town Board.

Organization. A cluster development shall be organized as one of the following:

A homeowners' association approved by the Federal Housing Administration for mortgage insurance, by the Attorney General of the State of New York or by the Town Board.

A homeowners' association approved by the Town Board upon recommendation of the Town Attorney. Whenever a homeowners' association is proposed, the Town Board shall retain the right to review and approve the articles of incorporation and charter of said homeowners' association and to ensure that the intent and purpose of this section are carried out.

Any other arrangement approved by the Town Board, upon recommendation of the Town Attorney, as satisfying the intent of this section, including condominiums and special districts.

Homeowners' association. When considering the application, the Planning Board shall, in part, require the cluster development to meet the following conditions:

The homeowners' association or its equivalent shall be established as an incorporated nonprofit organization operating under recorded land agreements through which each lot owner and any succeeding owner is automatically a member and each lot is automatically subject to a charge as provided in the charter of the homeowner's association.

Title to all common property, exclusive of land set aside for public schools, shall be placed in the homeowners' association, or definite and acceptable assurance shall be given that it automatically will be so placed within a reasonable period of time to be determined by the Planning Board.

Each lot owner shall have equal voting rights in the association and shall have the right to the use and enjoyment of the common property.

Once established, all responsibility for operation and maintenance of the common land and facilities shall lie with the homeowners' association.

Dedication of all common land areas shall be recorded directly in the subdivision plat or shall be referenced on the plat to a dedication in a separately recorded document. Resubdivision of such areas is prohibited. The dedication shall:

Save the title to the common property to the homeowners' association free of any cloud of implied public dedication;

Commit the developer to convey the areas to the homeowners' association at the approved time to be determined by the Planning Board;

Grant easements of enjoyment over the area to the lot owners;

Give the homeowners' association the right to borrow for improvements upon the security of the common areas; and

Give to it the right to suspend membership rights for nonpayment of assessment or infraction of published rules.

The homeowners' association life shall be perpetual and it shall purchase insurance, shall pay taxes, shall specify in its charter and bylaws an annual homeowner's fee and provision for assessments, and shall establish that all such charges become a lien on each property in favor of said association. The association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it also shall have the right to commence action against any member for the collection of any unpaid assessments in any court of competent jurisdiction.

The developer shall assume all responsibilities as previously outlined for the homeowners' association until a majority of the dwelling sites are sold, at which time the homeowners' association shall be established automatically.

Permanence of land use. Covenants shall be established and filed of record, prior to conveyance of any lots, limiting all lots to residential use and all common lands to open space uses. No buildings or structures may be erected on such common lands except as shown on the approved site plan.

Deeds. Each deed to each lot sold by the original developer, his successor and all subsequent owners shall include by reference all recorded declarations, such as covenants, dedications and other restrictions, including assessments and the provisions for liens for nonpayment of such.

§ 250-27 Planned unit development. [1]

Purpose. It is the intent of this section to permit the establishment of a use classification entitled "planned unit development" (PUD) where the following objectives are sought:

Creation of a more desirable community environment than would be possible through strict application of the zoning regulations found elsewhere in this Part 1.

Preservation and enhancement of community natural resources such as water bodies, wetlands, forests, significant topographic and geological features and other areas of scenic and ecological value.

Efficient use of a site to facilitate adequate and economical construction and maintenance of streets and drainage facilities and water supply and sewage systems.

Innovation and variety in the type and design of residential development, providing a wide choice of living environment, occupancy tenure and housing cost.

Open space allocation and maintenance by private initiative as an integral part of residential development.

Site area and location. The minimum site area for a PUD shall be 30 acres and it shall be located within a residential district.

Common open space. Not less than 35% of the gross area of a PUD shall be devoted to common open space. Such land is to be owned or controlled jointly by all residential property owners within the PUD and is to be used for recreational purposes or preserved in its natural state. The common open space shall include lands having significant ecological, aesthetic and recreational characteristics, with topography, shape, dimension, location, access and improvements suitable for its intended purpose.

Permitted uses.

Residential: may be any type, including related accessory uses as provided elsewhere in this Part 1.

Nonresidential: may be permitted or required where such uses are designed to serve primarily the residents of the PUD District.

Maximum number of dwelling units.

The maximum number of dwelling units that may be approved in a PUD shall be computed by multiplying the total gross acreage of the site after subtracting all underwater lands, protected wetlands, easements and rights-of-way for existing public or private roads by the appropriate number of dwelling units per acre for the district in which such site is located as provided in Article IV, District Regulations. The maximum number of dwelling units shall not be approved if, in the judgment of the Planning Board, the site plan does not indicate adequate design and management of open space areas according to the following criteria:

[Amended 12-15-2009 by L.L. No. 8-2009; 5-4-2010 by L.L. No. 4-2010]

Provision of recreation facilities;

Protection or enhancement of wildlife habitats;

Protection of surface water quality; and

Protection or enhancement of scenic quality.

Other zoning regulations. With the exception of minimum lot areas, building heights and lot and yard requirements, the PUD shall comply with all other provisions of this Part 1.

Utilities. All uses situated in a PUD shall be served by central water and sewer systems. All water, sewer and gas lines, and all other lines providing power and communication service, shall be installed underground in the manner prescribed by the state and local agencies having jurisdiction.

Ownership. The land proposed for a PUD may be owned, leased or controlled either by an individual, corporation or by a group of individuals or corporations. The applications shall be filed by the owner or jointly by all owners of the property included in the application. In the case of multiple ownership the approved plan shall be binding on all owners.

Organization. A PUD shall be organized in accordance with § 250-26F through I of this Part 1.

Procedure.

A PUD may be approved only by resolution adopted by the Town Board upon recommendation of the Planning Board. A PUD application shall be considered by the Town Board only after receiving preliminary approval from the Planning Board.

Prior to the issuance of a building permit in a planned unit development, a site plan shall be submitted to and approved by the Planning Board in accordance with Article IX.

Said site plan shall include areas within which buildings and structures are proposed to be located, the height and spacing of buildings, open spaces and landscaping, off-street parking, open and enclosed parking spaces, driveways and any other physical features relevant to the proposed plan.

Nothing contained in this section shall relieve the owner or his agent or the developer of a proposed planned unit development from receiving subdivision plat approval in accordance with Chapter 255, Subdivision of Land. In approving the final plat for a planned unit development the Planning Board may modify the acreage requirement for recreation areas of Chapter 255, Subdivision of Land, provided that the common land dedicated in Subsections C and E of this section meets all other requirements of Chapter 255, Subdivision of Land.

Prior to site plan approval, the developer shall file with the Planning Board a performance bond to ensure the proper installation of all park and recreation improvements shown on the site plan and a maintenance bond to ensure proper maintenance of all common lands until the homeowners' association is established. The amount and period of said bonds shall be determined by the Planning Board, and the form, sufficiency, manner of execution and the surety shall be approved by the Town Attorney and by the Planning Board.

Minor building additions to individual residential units in a PUD or similar cluster development up to 50% in size of the original unit will be permitted upon application and issuance of a building permit. The applicant shall provide written evidence to the officers and employees of the Building Department that the proposed building addition has the approval of the local homeowners' association or other local body with jurisdiction within the PUD or cluster development. Written evidence shall consist of a letter to the Town, signed by a duly authorized officer of the homeowners' association, indicating that all homeowners have been advised of the proposed minor addition. Subsequent additions or other modifications to the approved site plan shall be submitted to the Planning Board for approval.

[Added 5-4-1993 by L.L. No. 7-1993]

Editor's Note: See Parts 2, 3 and 4 of this chapter for provisions regarding planned unit development districts established prior to the effective date of this Part 1, Zoning.

§ 250-27.1 Planned business park.

[Added 8-6-2002 by L.L. No. 2-2002]

Purpose. It is the intent of this section to permit the establishment of a use classification titled "Planned Business Park" (PBP) where the following objectives are sought:

Creation of a more desirable community environment than would be possible through strict application of the zoning regulations found elsewhere in this Part 1.

Provide appropriate areas for commercial activities such as research and development, or processing of materials, goods and equipment, and warehousing required by the residents of the Town in a manner that conforms to the Comprehensive Plan.

Promote consolidation of commercial uses into comprehensively planned areas, and promote a mix of industrial uses that provide the Town with a sound, diverse industrial base.

Provide adequate space for the commercial uses and their accompanying activities, such as off-street parking, loading areas, storage, communications, landscaping and accessory uses.

Minimize traffic congestion and the overloading of utilities.

Ensure compatibility with adjacent land uses and eliminate excessive noise, illumination, unsightliness, odor, smoke, hazards, and other objectionable influences.

Site area and location. This zone is intended to provide for a limited group of professional, administrative, research, and commercial uses with operations that are quiet and clean to ensure the creation and maintenance of an environment which will serve the mutual interest of the community as a whole, any adjacent residential areas, and the occupants of the business park in particular. PBP Zoning Districts shall be located on lands that are suitable for commercial development, that are held either in single ownership or under unified control. The minimum site area for a PBP shall be 10 acres and it shall be located within a Neighborhood Commercial, Highway Commercial or a Commercial Industrial District.

Permitted uses.

Commercial uses of any type, including related accessory uses, as provided elsewhere in this Part 1.

Some PBP Districts may be located near residential neighborhoods. Therefore, it is necessary that all activities, including processing or assembly of materials and products, be carried on in a manner that is not injurious or offensive to the occupants of surrounding properties. Uses shall not cause:

Glare, vibration, objectionable noise, or emission of smoke, fumes, gas, dust, odor or any other atmospheric pollutant detectable beyond the boundaries of the immediate site; and

Physical hazard by reason of fire, radiation, explosion or similar cause to the property in the same or surrounding district.

Specific uses.

Retail sales and services are allowed in PBP Zones as long as they are operated on the same lot and in conjunction with principal permitted uses. Retail sales may be conducted outside the principal building, but the combined sales area both inside and outside the principal building shall not occupy more than 30% of the gross floor area of the principal building.

Nothing contained in this Subsection C shall restrict the Town Board in limiting the specific uses permitted in any PBP Zone which it may establish.

Performance standards. The following performance standards shall apply within all PBP Districts:

Minimum lot area: one acre.

Minimum setbacks:

Front: 40 feet.

Side: 25 feet.

Rear: 50 feet.

Exceptions to setback requirements:

Overhanging roof not in excess of two feet.

Awning or movable canopy not extending more than 10 feet into the setback area.

Unroofed walkways, such as steps or terrace, not higher than one foot from ground level.

Paving and associated curbing.

Landscaping and irrigation systems, unless such lot is a corner lot where no obstructions to vision such as shrubbery, brush, dense low trees or earth shall be permitted at intersections of street center lines and a line drawn between points along such lines 30 feet distant from their point of intersection.

Planters, architectural fences, or walls not exceeding 72 inches in height, unless such lot is a corner lot where no obstructions to vision shall be permitted at street intersections of street center lines and a line drawn between points along such lines 30 feet distant from their point of intersection.

Utility facilities and sewers.

Minimum green space: 30%. For the purposes of this Subsection D(4), green space shall be the minimum space required which is not covered by buildings, paved and unpaved parking and driveways, sidewalks and other improvements and shall be used for vegetation, lawns, trees and the like.

Maximum building height: 50 feet. Notwithstanding anything to the contrary contained herein, building height shall not include mechanical appurtenances not usually used for human habitation (e.g., antennas, satellites, elevator shafts, etc.).

The following on-site signage shall be permitted:

A pedestal sign located on the front lawn of the building near its entrance, landscaped with the name and/or logo of the business.

A building sign located on the exterior of the building that is either illuminated or of an architectural sign material with the business name and/or logo. However, no box-type signs shall be permitted.

No signs shall be permitted on poles or pylons.

No flashing signs shall be permitted.

Satellite dishes, towers, antennas and other mechanical appurtenances not usually used for human habitation shall be located on the tops of buildings and shall either not be visible from public ways or shall be shielded by parapets and grouped together to minimize the extent of visibility to public view.

Parking. Off-street parking adequate to accommodate the parking needs of the owner or occupant and the employees and visitors thereof, which shall not be less than the minimum number of spaces required by § 250-22 of this Part 1 for the specific use of each lot, shall be provided by the owner or occupant of each lot. The intent of this provision is to eliminate the need for any on-street parking; provided, however, that nothing herein shall be deemed to prohibit on-street parking of public transportation vehicles. If parking requirements increase as a result of a change in the use of a lot or in the number of persons employed by the owner or occupant, additional off-street parking shall be provided so as to satisfy the intent of this section. All parking areas shall conform to the following standards:

Required off-street parking shall be provided on the lot, on a contiguous lot, or within a reasonable distance from the lot, provided that all spaces therein are located within a five-hundred-foot walking distance from the lot in question and such spaces are in the same ownership as the use to which they are accessory or leased for not less than 50 years.

Parking areas shall be paved with asphalt so as to provide dust-free, all-weather surfaces. Each parking space provided shall be designated by lines painted upon the paved surface and shall be adequate in area, but at a minimum shall be at least 10 feet in width and 20 feet in length, with a minimum of 300 square feet in all allocated for each space in order to provide room for standing areas and aisles for maneuvering.

All parking areas shall provide, in addition to parking spaces, adequate driveways and space for the movement of vehicles. Unobstructed access to and from a street shall consist of at least one ten-foot lane for parking areas with fewer than 20 spaces and at least two ten-foot lanes for parking areas with 20 spaces or more.

Such other performance standards as may be adopted for particular PBP Districts and which are approved in accordance herewith.

Other zoning regulations. With the exception of those site development standards specifically provided for herein, the PBP shall comply with all other provisions of this Part 1.

Utilities. All uses situated in a PBP shall be served by central water and sewer systems. All water, sewer, and gas lines, and all other lines providing power and communication to service, shall be, to the extent possible, shielded from public view, preferably underground, and shall be installed in the manner prescribed by the state and local agencies having jurisdiction. However, aboveground utilities that are not substantially visible to public view are permitted.

Ownership. The land proposed for a PBP may be owned, leased or controlled either by an individual, corporation or other entity or by a group of individuals, corporations or other entities. The applications shall be filed by all owners of the property included in the application. The approved plan shall be binding on all owners.

Time for development. Development of the infrastructure of the PBP must start within three years of the date of adoption of this planned business park and must be completed within a reasonable time. It must be consistent with the spirit and intent of this Part 1 and all plans must be prepared by a professional licensed engineer.

Procedure.

An applicant seeking the establishment of a PBP District shall submit an application to the Town Planning Board that includes a concept plan and a concept statement which describes the applicant's intent, general uses, orientation, access, range of square footage, general building layout (location, number and size), and how the proposal will relate to the surrounding area.

The Planning Board must, within 40 days after the filing of a complete application, submit an advisory opinion to the Town Board, recommending approval, disapproval or approval upon condition of the proposed PBP District. If the Planning Board shall determine that a complete application shall not have been filed, it shall give notice of any deficiency, and pending receipt of such additional information and documents as may have been required the forty-day period shall be stayed.

The Town Board shall, within 40 days of receiving the Planning Board's advisory opinion, hold a public hearing as required by law to determine whether to adopt a local law creating the PBP.

The Town Board may approve, disapprove or approve upon condition such local law and such local law shall amend the Zoning Map to include such district.

Prior to submitting an application for site plan review, applicants for site plan review must demonstrate that the site plan conforms to the PBP covenants and restrictions which have been duly filed for the district.

Prior to the issuance of a building permit in a PBP, a site plan shall be submitted to and approved by the Planning Board in accordance with Article IX. Said site plan shall include areas within which buildings and structures are proposed to be located, the height and spacing of buildings, open spaces and landscaping, off-street parking, open and enclosed parking spaces, driveways and any other physical features relevant to the proposed plan. In addition to the information required herein, all other site plan requirements of this Part 1 shall be provided.

§ 250-27.2 Planned resort development.

[Added 11-21-2006 by L.L. No. 6-2006]

Purpose; zoning objectives; other zoning regulations.

Purpose. Section 2.2.5 of the Town of Thompson — Village of Monticello Joint Comprehensive Plan states that "providing for land uses such as the Concord Resort Hotel is necessary to preserve major employment centers and preserve a source of attraction to the Town and region. The number of major resorts has dwindled and those which remain should be protected from incompatible adjacent land uses and permitted to expand and develop, provided those development plans maximize the protection and enjoyment of the Town's natural resources on which the bulk of the tourism industry depends." It is the intent of this section to establish a use entitled "planned resort development" ("PRD") which facilitates the accomplishment of these goals and objectives, and which provides for the orderly development of complementary commercial, residential and entertainment uses and the creation of a more desirable community environment than would be possible through strict application of the zoning regulations found elsewhere in Part 1 of this chapter. The use of sound integrated resort planning and land use concepts which reinforce the goals and objectives of the PRD shall be considered.

Zoning objectives. The objectives of a PRD are the development and/or redevelopment of one or more destination resorts meeting the requirements of § 250-27.2B(3)(a), having various commercial, retail, lodging, entertainment and recreational facilities and complementary one-family dwellings and multifamily dwellings through comprehensive planning and maximum flexibility of design, which will in turn result in or accomplish the following:

[Amended 1-15-2013 by L.L. No. 1-2013]

Preservation of significant natural resources, such as wetlands and water bodies, and other areas of scenic and ecological value.

Innovation and variety in the type and design of residential development and lodging, providing a wide choice of living environment, occupancy tenure and housing cost.

Efficient use of a site to facilitate adequate and economical construction and maintenance of streets, stormwater management facilities, and water supply and sanitary sewerage systems.

Preservation of property values in the vicinity of a PRD and the protection of neighboring areas from any adverse impacts of development of a PRD.

Enhancement of commercial, entertainment and recreational opportunities for residents of the Town, county and region.

Creation of diverse full- and part-time employment opportunities for residents of the Town, county and region.

Inducement of private investment in the Town, county and region, including reinvestment in existing businesses and the attraction of new seasonal and year-round businesses.

Other zoning regulations. Except with respect to the land use and development regulations, procedures and requirements which are set forth in Subsections B and C below, and §§ 250-14B, 250-22C and 250-28 of this chapter, a PRD shall comply with all other provisions of this Part 1.

Land use and development regulations.

Permitted zoning districts. A PRD may be established within the RR-1 Rural Residential-1 District, the SR Suburban Residential District, the HC-1 Highway Commercial-1 District, and the HC-2 Highway Commercial-2 District; provided, however, that a PRD may only be established in the HC-1 Highway Commercial-1 District and the HC-2 Highway Commercial-2 District on lots or parcels having frontage on a state or county highway and which are located within 2,500 feet of the intersection of two or more state or county highways.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Permitted land uses in a PRD:

Permitted principal uses:

[Amended 1-15-2013 by L.L. No. 1-2013]

Hotels and motels and related accessory facilities and amenities including convention centers, exposition centers, indoor and outdoor water parks, and theaters (as defined below).

Convention centers and exposition centers, whether or not accessory to a hotel/motel.

Indoor and outdoor water parks, whether or not accessory to a hotel/motel.

[4]

Casino and racino uses (as defined below).

[5]

One-family dwellings and multifamily dwellings, in any combination of detached, semidetached, attached, mid-rise or high-rise structures, whether such residences are to be owned in fee simple, rentals, time shares or made subject to a declaration of condominium or membership in a homeowners' association, or any combination thereof.

[6]

Seasonal and year-round indoor and outdoor recreational, cultural, sports and amusement uses, including:

Golf courses, golf facilities and uses in support of such principal use;

[b]

General winter recreational facilities, including, but not limited to, down-hill skiing, snowboarding, snow tubing, snow shoeing, and cross-country skiing facilities including lifts, trails, lodges, snow-making equipment, and uses in support of such principal use;

[c]

Snowmobiling courses and trails and uses in support of such principal use;

[d]

Roller skating, skateboarding and ice skating facilities and uses in support of such principal use;

[e]

Horse-drawn sleigh ride facilities;

[f]

Off-road motorized vehicle courses and tracks, including facilities for motocross, off-road utility and truck vehicles and uses in support of such principal use;

[g]

Nonmotorized vehicle courses and tracks, including facilities for mountain bikes, and uses in support of such principal use;

[h]

Boating, fishing and other water-based recreational uses and uses in support of such principal use;

[i]

Tennis courts and uses in support of such principal use;

[j]

Amusement and family entertainment facilities, including, but not limited to, miniature golf, batting cages, petting zoos, and arcades that include electronic, mechanical or video game facilities and uses in support of such principal use;

[k]

Equestrian trails, harness and horse racing tracks and uses in support of such principal use;

[l]

Bowling alleys and uses in support of such principal use;

[m]

Billiard parlors and pool halls and uses in support of such principal use;

[n]

Trap and skeet shooting course and uses in support of such principal use;

[o]

Indoor and outdoor athletic and recreational facilities that are open to the general public, groups, clubs, leagues and organizations, including, but not limited to, basketball and squash courts; baseball, football, lacrosse and soccer fields; and uses in support of such principal use; and

[p]

Cultural facilities such as a designated location, auditorium, hall or similar facility developed for the purpose of accommodating groups of persons for meetings, exhibitions, shows, festivals and other public interest events and uses in support of such principal use.

[7]

Agricultural uses including related retail facilities such as farmers markets, farm stands, roadside stands, community gardens, pick-your-own gardens and orchards, farming educational centers and demonstration farms, or any combination thereof, that allows agricultural producers to attract customers and promote the sale of New York State agricultural-related products at retail directly to customers. Agricultural-related products include, but are not limited to, all agricultural and horticultural products, animal feed, baked goods, maple syrup, ice cream and ice-cream-based desserts and beverages, clothing, Christmas trees and related products.

[8]

Theaters and production studios (as defined below).

[9]

Retail uses, including:

Neighborhood retail (as defined below); and

[b]

Destination retail (as defined below).

[10]

Personal service shops and business offices, including medical and dental offices and clinics.

[11]

Restaurants and catering facilities.

[12]

Restaurant brewers, (i.e., brew pubs licensed by the New York State Liquor Authority whose beer production shall not exceed 5,000 barrels per year per location).

[13]

Health spas, whether or not accessory to a hotel or motel.

[14]

Utility structures and facilities, public and private, including telecommunications facilities and structures.

[15]

Child day-care centers.

[16]

Heliport; provided, however, that a heliport shall not be permitted within 750 feet of a residential use, and that the hours of operation and flight path shall be subject to the approval of the Planning Board. The Planning Board may limit the number of heliports in a PRD.

[17]

Recreational vehicle parks (as defined below).

[18]

Civic centers (as defined below).

[19]

Microbrewery (as defined below).

[20]

Microdistillery (as defined below).

[21]

Wineries (as defined below).

Permitted accessory uses: uses and facilities accessory to any of the above.

Adult eating and drinking establishments, adult establishments, adult theaters and adult uses shall all be prohibited in a PRD.[1]

Editor's Note: Original Subsection B(2)(d), regarding commercial agriculture, which immediately followed this subsection, was repealed 1-15-2013 by L.L. No. 1-2013.

Development regulations. All of the development regulations for a PRD set forth in this section, including those regulating permitted land uses and the density and arrangement of buildings and structures, shall be applied as a whole to each approved PRD Comprehensive Development Plan and shall not be applied to any individual areas within the PRD Comprehensive Development Plan site, notwithstanding the subdivision of the PRD site pursuant to Subsection C(3) below into two or more separate development sites and/or the separate ownership of such development sites, provided that no development within the PRD Comprehensive Development Plan may take place except in material conformance with a PRD Comprehensive Development Plan (as defined below) approved by the Town Board. The development regulations for a PRD are as follows:

[Amended 8-18-2008 by L.L. No. 7-2008; 1-15-2013 by L.L. No. 1-2013]

Minimum site area: 1,200 contiguous acres in common ownership at the time of the application for approval of a PRD Comprehensive Development Plan, which must include at least one eighteen-hole regulation golf course; provided, however, that:

The lots(s) or parcel(s) which constitute the PRD (including the minimum site area of the PRD) may be divided by public or private streets or rights-of-way; and

Noncontiguous land in excess of the minimum site area in common ownership with the minimum site area at the time of the application for approval of a PRD Comprehensive Plan may be used as a PRD, provided that the lot(s) or parcel(s) are located within 3,500 feet of the minimum site area as set forth in Subsection B(3)(a) hereof.

Permitted density of residential uses:

Maximum number of residential unit per approved CDP: 4.0 units per acre of net site area.

Maximum aggregate total net floor area of residential accessory uses: 10% of the aggregate total net floor area of residential uses.

Permitted density of nonresidential uses:

Maximum number of hotel/motel units (excluding units existing and/or approved as of the date that application for approval of a PRD Comprehensive Development Plan is submitted to the Town Board pursuant to Subsection C below) per approved CDP: 1.75 units per acre of net site area.

Maximum aggregate net floor area of hotel/motel accessory uses per approved CDP: 15% of the aggregate total net floor area of hotel/motel uses.

Maximum net floor area of casino/racino uses per approved CDP: 450,000 square feet.

Maximum aggregate total floor area ratio of permitted principal and accessory commercial uses per approved CDP (except casino uses and hotel/motel accessory uses): 0.0175.

Permitted building height of all uses: The maximum building height shall be 350 feet, measured from the average elevation of the finished grade along the front of the structure to the ceiling of the highest occupied floor of such structure. For purposes of this section, the front of the structure shall be identified as the facade containing the main point of ingress and egress.

Minimum number and locations of parking and loading spaces: The minimum number and locations of parking and loading spaces for each use in a PRD shall be set forth in the design standards (as defined below) for the PRD Comprehensive Development Plan (as defined below).

Notwithstanding § 250-14B of this chapter, the following shall be excluded from the calculation of building height: flagpole, spire, belfry, chimney, transmission tower, skylight, elevator or stair bulkhead, and mechanical equipment, provided that such mechanical equipment shall be screened and the visibility of such equipment from public rights-of-way shall be minimized to the extent feasible under the circumstances.

Section 250-16 of this chapter shall not apply to commonly owned residential accessory uses in a PRD, including community pools and clubhouses.

Notwithstanding § 250-18 of this chapter, fences and walls may exceed six feet in height with the approval of the Town Engineer.

Utilities. All contiguous land within a CPD shall be served by commonly controlled, publicly owned, or publicly regulated central water and sewer systems. All water, sewer and gas lines and all other lines providing power and communications service shall be installed underground in the manner prescribed by the state and local agencies having jurisdiction.

[Amended 1-15-2013 by L.L. No. 1-2013]

Open space. Not less than 35% of the gross site area of a PRD shall be devoted to open space which may be used for public or private recreational purposes, including, but not limited to, a golf course, and/or preserved in its natural state. The open space shall include lands having significant ecological, aesthetic and recreational characteristics, with topography, dimension, location access and improvements suitable for its intended purposes.

RECREATIONAL VEHICLE PARK

Certain definitions. For the purposes of this section, the following terms shall have the following meanings:

CASINO AND RACINO USES

Gaming casinos and racinos (including, without limitation, facilities established and activities conducted pursuant to Article 34 of the New York State Tax Law, as amended, the New York State Racing, Pari-Mutuel Wagering and Breeding law, as amended, and other applicable laws), simulcasting facilities, and other related accessory facilities and amenities.

[Amended 1-15-2013 by L.L. No. 1-2013]

CIVIC CENTER

Auditoriums, halls, galleries, governmental offices and facilities, recreational or similar facilities developed for the purpose of accommodating groups of persons for recreational activities, meetings, exhibitions, shows, festivals and other public interest events and uses in support of such principal uses.

[Added 1-15-2013 by L.L. No. 1-2013]

DESTINATION RETAIL

Retail uses not intended primarily to serve the residents of the PRD or guests of a hotel/motel, including but not limited to shopping centers and "big-box" retailers. Such uses shall be limited only to those areas as permitted by a duly adopted PRD Comprehensive Development Plan.

[Amended 1-15-2013 by L.L. No. 1-2013]

FLOOR AREA RATIO

The net floor area of all buildings divided by the net site area.

MICROBREWERY

Any facility where up to 60,000 barrels per year of beer are manufactured for sale; and all offices, granaries, mashrooms, cooling rooms, vaults, yards, and storerooms connected therewith or where any part of the process of the manufacture of beer is carried on or where any apparatus connected with such manufacture is kept or used, or where any of the products of brewing or fermentation are stored or kept.

[Added 1-15-2013 by L.L. No. 1-2013]

MICRODISTILLERY

Any facility wherein up to 35,000 gallons per year of liquor are manufactured for sale. For the purposes of this definition, "liquor" means any distilled or rectified spirits, brandy, whiskey, rum, gin, cordials, or similar distilled alcoholic beverages, including all dilutions and mixtures of one or more of the foregoing.

[Added 1-15-2013 by L.L. No. 1-2013]

NEIGHBORHOOD RETAIL

Retail uses intended primarily to serve the residents of the PRD or guests of a hotel/motel.

NET FLOOR AREA

The sum of the total horizontal floor areas of a building which are devoted to the exclusive use and occupancy of tenants or owner operators, measured from the interior faces of interior walls, but not including the areas of: floor space of cellars; floor space devoted to off-street parking or loading; elevator shafts; stairwells, common corridors and exit corridors; floor space used for mechanical equipment or storage; and any other floor space not accessible to the general public.

NET SITE AREA

The gross area of the PRD site less the area of land underwater, wetlands (but not wetland buffer or adjacent area) as defined under state law, existing public roads and existing public and private vehicular rights-of-way, and existing underground and above-ground private and public utility easements.

[Amended 1-15-2013 by L.L. No. 1-2013]

Any parcel area, tract of land or portion thereof where one or more sites are rented to users of recreational vehicles (as defined in this Part 1) and which are occupied for temporary purposes. The presence of any one vehicle in the park shall be limited to a period of not to exceed 90 consecutive days in any twelve-month period).

[Added 1-15-2013 by L.L. No. 1-2013]

THEATERS AND PRODUCTION STUDIOS

Establishments such as movie theaters, indoor performance theaters, outdoor performance amphitheaters, dinner theaters, and stage, sound, movie, television, and video multimedia production studios primarily engaged in the making, presenting, or showing of either live or previously recorded productions which are intended for persons of all ages and are not in violation of § 250-27.2B(2)(c) of this chapter.

[Amended 1-15-2013 by L.L. No. 1-2013]

WINERIES

Any winery or farm winery established in accordance with Article 6 of the New York Alcoholic Beverage Control Law.

[Added 1-15-2013 by L.L. No. 1-2013]

PRD Comprehensive Development Plan. Conceptual development plan(s) of the PRD ("PRD Comprehensive Development Plan") shall be submitted to and approved by the Town Board in accordance with Subsection C below. A PRD shall only be developed in compliance with the land use and development regulations set forth in this Subsection B and in material conformance with one or more approved PRD Comprehensive Development Plan(s), as such plan may be amended from time to time.

[Amended 1-15-2013 by L.L. No. 1-2013]

In the event of any conflict or inconsistency between these PRD land use and development regulations (§ 250-27.2B et seq.), and Article II of Chapter 250 (§ 250-2 et seq.) of the Town Code, then the PRD land use and development regulations shall control.

[Added 1-15-2013 by L.L. No. 1-2013]

PRD Comprehensive Development Plan approval; site development plan approval; subdivision approval.

PRD Comprehensive Development Plan approval. The development of a PRD shall materially conform to the PRD Comprehensive Development Plan(s) approved by the Town Board. The PRD Comprehensive Development Plan(s) shall conceptually show the general layout and disposition of currently proposed and potential future uses, buildings and structures, the densities of such buildings and structures, parking and loading areas, pedestrian and vehicular rights-of-way, access and circulation, private and public open spaces and public uses, if any, and the proposed phasing of development. Each PRD Comprehensive Development Plan shall show on-site wetlands, water bodies and watercourses, and other significant topographic and ecological features, generally show the proposed architectural character and design concepts of uses and structures, and shall identify proposed stormwater management techniques and generally show existing and proposed new sanitary sewer and water facilities, whether public or private. The PRD Comprehensive Development Plan shall set forth design standards, including but not limited to maximum building heights, minimum required yards and setbacks, buffer and screening requirements, lighting and signage standards, street and roadway widths, and off-street parking and loading requirements ("design standards"). From and after the approval of a PRD Comprehensive Development Plan, the design standards shall be deemed to be additional development regulations for the purposes of Subsection B(3) above.

[Amended 1-15-2013 by L.L. No. 1-2013]

An application for approval or amendment of a PRD Comprehensive Development Plan shall be submitted to the Town Board, which shall immediately thereafter refer the application to the Planning Board for its report and recommendation, which may include recommendations for appropriate conditions or modifications to the plan. The Planning Board shall review the PRD Comprehensive Development Plan and shall submit its report and recommendation to the Town Board within 60 days after the first regularly scheduled meeting of the Planning Board after the referral by the Town Board. The Planning Board may hold a public hearing on the proposed PRD Comprehensive Development Plan, provided that notice of the public hearing is advertised at least once in a newspaper of general circulation in the Town at least 10 days prior to the hearing. In the event that the Planning Board fails to submit its report and recommendation to the Town Board within such sixty-day period, then the Town Board may approve the PRD Comprehensive Development Plan without regard for such report.

The Town Board shall hold a public hearing on the application within 30 days after the date on which the report of the Planning Board is due as provided in Subsection C(1)(a), above. The public hearing must be advertised at least once in a newspaper of general circulation in the Town at least 10 days prior to the hearing.

Within 45 days after the public hearing, the Town Board shall act to approve with modifications or disapprove the application. Notwithstanding the foregoing, the time within which a final decision must be rendered may be extended by mutual agreement of the Town Board and the applicant.

The Town Board may condition such approval as is reasonably necessary to accomplish the purposes and objectives of a PRD, and may set time periods within which such conditions must be satisfied. Such conditions may include, but are not limited to, conditions requiring the phased installation of sewer, water and other public utility infrastructure and road improvements sufficient to serve the immediate and anticipated future needs of the PRD, and requiring that the performance of such improvements be adequately secured to the Town by written agreement, recorded instrument, and/or performance and/or maintenance bonds in form, sufficiency, manner of execution and surety satisfactory to the Town Board and Town Attorney.

An application for approval of a PRD Comprehensive Development Plan shall be subject to compliance with the State Environmental Quality Review Act (SEQRA).[2] Mitigation measures imposed or required by the Town Board as conditions to approval of the PRD Comprehensive Development Plan under SEQRA shall without further action by the Town Board be deemed to be conditions to all subsequently approved site development plans of the portion, phase and/or development site of the PRD to which such conditions relate.

Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

The PRD Comprehensive Development Plan may from time to time be amended in accordance with the procedure set forth above; provided, however, that application for amendment of a PRD Comprehensive Development Plan may only be made by the Master Association (as defined below) of the PRD.

Site development plan approval. Before a building permit may be issued by the Building Officer for any use within a PRD, a site development plan of such use shall be approved by the Planning Board in accordance with and subject to all provisions of §§ 250-50, 250-51, 250-52 and 250-52.1 of this chapter and the provisions of this Subsection C, provided that the Planning Board shall not unreasonably withhold approval of a site development plan submitted under this section or require that such site plan be materially revised or amended if the site development plan substantially and materially conforms to a PRD Comprehensive Development Plan approved by the Town Board and complies with this section and all other applicable provisions of this chapter. An application may be submitted for site development plan approval of all or any portion, phase and/or separate development site of the PRD.

An application for site development plan approval shall be made by the Master Association of the respective duly adopted PRD Comprehensive Development Plan, or if the portion, phase, and/or separate development site of the PRD for which site development plan approval is sought is owned or leased by a different person or entity then jointly by such Master Association and that person or entity. In the event the request for a joint application to the Planning Board is denied by the Master Association, the Master Association shall have 60 days from the date of the applicant's first formal written request to state in writing to the applicant and Planning Board the reasons, consistent with this Subsection C(2), for its objection to the application. Failure to provide such written objection shall be deemed to be Master Association consent to application.

[Amended 1-15-2013 by L.L. No. 1-2013]

An application for site development plan approval shall be subject to § 66-3D of the Town Code, requiring the applicant to pay for the costs of the Planning Board's consultants.

Notwithstanding any provision of this section, a site development plan shall not be approved by the Planning Board unless it is in material conformance with the approved PRD Comprehensive Development Plan, as the same may be amended from time to time. An application for site development plan approval which does not materially conform to the approved PRD Comprehensive Development Plan shall not be made except in conjunction with a corresponding application to the Town Board for amendment of the PRD Comprehensive Development Plan.

In connection with the approval of a site development plan, the Planning Board is authorized to approve minor modifications to the design standards that the Planning Board determines to be appropriate with respect to the specific portion, phase or development site for which approval is sought. Notwithstanding any provision of this section, the approval of such minor modifications to the design standards shall not be considered to be an amendment to the PRD Comprehensive Development Plan and shall not be subject to the procedures set forth in Subsection C(1) above. For the purposes of this Subsection C(2)(d), a minor modification shall be a modification that does not increase or decrease, as the case may be, any design standard by more than 15%.

An application for site development plan approval shall be subject to compliance with SEQRA.[3] In connection with the SEQRA review of an application for site development plan approval, the Planning Board may require the applicant to identify and analyze, and mitigate, potential environmental impacts which were either not addressed by the Town Board in connection with the SEQRA review of the PRD Comprehensive Development Plan, or which might arise as a result of changed circumstances or conditions within the PRD and elsewhere.

Mitigation measures imposed or required by the Town Board as conditions to approval of a PRD Comprehensive Development Plan under SEQRA shall without further action by the Planning Board be deemed to be conditions to all subsequently approved site development plans of the portion, phase and/or development site of the PRD Comprehensive Development Plan to which such conditions relate.

[Amended 1-15-2013 by L.L. No. 1-2013]

Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

Subdivision approval. Subsequent to the approval of a PRD, all or any portion of the land area which constitutes a PRD may be subdivided either horizontally or vertically into separate development sites for purposes of sale, lease or mortgage and/or (to the extent permitted by law) tax lot creation without regard to the minimum site area or any minimum lot area or to any other bulk, dimensional or development regulation set forth in Subsection B(3) above or elsewhere in this chapter except the approved design standards of the PRD Comprehensive Development Plan provided that all lots, parcels or development sites so created shall in all events be developed and used only in conformance with the approved PRD Comprehensive Development Plan, the approved design standards of the PRD Comprehensive Development Plan and with any approved site development plan(s). Applications for subdivision approval shall be made to the Planning Board as set forth in Chapter 255 of the Town Code (the Town of Thompson Land Subdivision Regulations) and shall be subject to the provisions of Chapter 255; provided, however, that in the event of any conflict or inconsistency between the PRD Comprehensive Development Plan and/or the design standards and the standards contained in Article IV of Chapter 255, then the PRD Comprehensive Development Plan and the design standards shall control.

§ 250-28 Multiple dwellings; row and attached housing.

Master Association. It is anticipated that each PRD Comprehensive Development Plan will be developed in phases over time, and that different phases, portions and/or development sites of each PRD Comprehensive Development Plan will be developed and owned by different persons and entities, including duly formed condominium and/or homeowners' associations. To ensure that conditions of approval of a PRD Comprehensive Plan may effectively be enforced by the Town, and to prevent potential conflict between the different future owners, the applicant for the original approval of a PRD Comprehensive Development Plan shall be required to: duly form an association under New York State Law to act as the master developer of the PRD (the "Master Association") against which conditions of the approval of the PRD Comprehensive Development Plan may be enforced; and require all future owners of the separate phases, portions and/or development sites of the PRD Comprehensive Development Plan to be members of the Master Association. The organizational documents of the Master Association shall provide that only the Master Association shall be entitled to apply to the Town Board for an amendment to the PRD Comprehensive Development Plan.

[Amended 1-15-2013 by L.L. No. 1-2013]

Effect on New York Town Law. To the extent that any one or more of the provisions of this section is inconsistent with any provision of the New York Town Law, including New York State Town Law § 274-a, then this section shall, pursuant to the New York Municipal Home Rule Law, be deemed to supersede any such inconsistent provision.

[Amended 6-7-2005 by L.L. No. 1-2005]

Compatibility. Multiple dwellings, hotels and motels and related accessory structures shall not be approved by the Planning Board without first determining that the location of the proposed uses and the structures proposed and the general character of development are compatible with their surroundings and such other requirements of this Part 1 as may apply.

Ownership. The entire site occupied by multiple dwellings and related accessory structures shall be maintained in single or group ownership throughout the life of the development.

Site planning and density standards:

Multiple dwellings, consisting of a building or buildings containing three or more rental apartment units, but excluding townhouses, duplexes, fourplexes and row houses, in either fee simple or condominium ownership, provided that:

Buildings shall not exceed 160 feet in length and shall be provided with a minimum five-foot offset at a minimum of every 40 feet of length. This offset shall include the rooflines.

The minimum distance between facing elevations of principal buildings shall be equal to twice the height of the highest building and between principal and accessory building shall be 20 feet.

Any inner court shall have a minimum dimension of 60 feet; any outer court shall have a minimum dimension of 20 feet, and its depth shall not exceed its width.

There shall be provided on the same lot suitable enclosed, equipped and landscaped children's play lots, subject to Planning Board approval.

Off-street parking areas and service yards shall be suitably landscaped to assure an attractive environment with the site. There shall be two allotted parking spaces for every dwelling unit constructed.

[Amended 11-20-2012 by L.L. No. 13-2012]

There shall be no parking areas located in required yards.

All fees applicable to individual dwellings, including any parkland/recreational fees, found within the subdivision regulations shall be applicable to each individual apartment unit.

[Amended 4-1-2008 by L.L. No. 2-2008]

The site shall be served by central sewer.

The following lot and building standards shall apply to such dwellings: Refer to Schedule of District Regulations for appropriate zoning district.[1]

[Amended 11-20-2012 by L.L. No. 13-2012]

Editor's Note: Said schedules are included as attachments to this chapter.

Row or attached housing consisting of a series of attached one-family dwelling units, each located on its own individual lot owned in fee simple, not owned in fee simple, or in condominium ownership, provided that:

Buildings shall not exceed 132 feet in length and shall be provided with an offset of a minimum of five feet at a maximum, of every 44 feet of length. This offset shall include a roofline offset.

Adequate recreational facilities shall be provided as set forth in Chapter 255, Subdivision of Land, Article IV, § 255-11F. If not, all fees applicable to individual dwellings, including any parkland/recreational fees as contained in Chapter 255, Subdivision of Land, Article IV, § 255-11F(4), and Chapter 66, Article I, § 66-3E, shall be applicable to each individual apartment or dwelling unit.

[Amended 4-1-2008 by L.L. No. 2-2008]

The site shall be served with central sewer.

Where dwelling units abut a collector or major street, the Planning Board shall require marginal roads, reverse frontage with screening or vehicular access from an interior minor street,

Off-street parking areas and service yards shall be suitably landscaped to assure an attractive environment with the site.

The site shall incorporate suitably enclosed, equipped and landscaped children's playlots subject to Planning Board approval.

The minimum distance between facing elevations of principal buildings shall be equal to twice the height of the highest buildings. The distance between a principal building and an accessory building shall be 20 feet.

When providing off-street parking space for a unit owned in fee simple, the developer must provide a garage for one vehicle within each unit unless the development will have a homeowners' association and will not be deeding streets to the Town of Thompson.

The following lot and building standards shall apply to such dwellings: Refer to Schedule of District Regulations for appropriate zoning district.[2]

[Amended 11-20-2012 by L.L. No. 13-2012]

§ 250-28.1 Senior Citizen Affordable Housing Floating District.

Editor's Note: Said schedules are included as attachments to this chapter.

[Added 5-15-2012 by L.L. No. 6-2012]

Purpose. It is the intent of this section to permit the establishment of a use classification entitled "Senior Citizen Affordable Housing Floating District" (SCAH) where the following objectives are sought:

The Town Board has determined that there is a need for specially designed senior citizen projects, which provide all units as affordable housing units. Affordable senior housing projects are intended to meet the purpose, intent and objectives of senior citizen projects, and must comply with all provisions and/or restrictions for senior citizen housing projects, unless specifically modified or waived under this section.

Senior citizens have different needs from the population as a whole. These needs may include support services, such as central food service, social services and referral consultation, medical services, housekeeping assistance and central laundry. Senior citizens also need to be provided with a comfortable, independent and supportive setting where they can move when a single-family residence is no longer appropriate.

Senior housing developments can be integrated into existing or planned communities or neighborhoods if properly planned, constructed and maintained. A senior housing development that blends into the fabric of the community has a much higher degree of acceptance by neighbors, and the senior citizens who live there find it much easier to become a part of the community as a whole.

The Town of Thompson has determined that the most appropriate means to fulfill the purposes of this section is to establish Senior Citizen Affordable Housing Floating Districts (SCAH) by zoning amendment.

The purpose of the SCAH is to enable the Town Board to permit, on a case-by-case basis, affordable senior housing that satisfies the need for such developments in locations appropriate for the residents and surrounding land uses.

The granting of authority to establish an affordable senior housing development shall be subject to the conditions set forth below, the site plan and special use permit review requirements contained generally within Chapter 250 of the Town Code, and such other reasonable conditions as the Planning Board, in its discretion, deems appropriate. The Planning Board shall possess the authority to grant a waiver or modification from the requirements of this section.

Applicability. The SCAH options shall be applicable within the HC-1 and HC-2 zones. Sites should be located within reasonable proximity to public transportation service, or in the alternative, provisions shall be included in the design of the site for future routing of buses, and provisions for a shuttle bus or other transportation service at the site (i.e., shelters and pickup areas shall specifically provide for both maintenance and ownership of said shelters or pickup areas as directed by the Planning Board.

Sites must be located in areas suitable for residential purposes and must be reasonably free of objectionable conditions such as industrial odors, noise, dust, air pollution, high traffic volumes, incompatible land uses, steep slopes, wetlands and other environmental or physical constraints.

The site shall be located such that access to the site can be obtained from a public street which meets current design standards of the Town with respect to roadway width and alignment and acceptable sight distances can be developed at the site entry/exit and at intersections in the vicinity of the site.

Sites must be selected with due regard to providing residents with reasonable access to such conveniences and facilities as public transportation, hospitals and medical services, shopping, religious, cultural and recreational facilities.

Municipal water and sewers must be provided at the site, as well as electric, cable and telephone.

Sites shall afford a safe and convenient system of drives, service access and adequate internal sidewalks and connections to off-site sidewalks conveniently accessible to all occupants.

Application procedure. Application for the establishment of a SCAH shall be made to the Town of Thompson Town Board. Such application shall include a sketch plan of the property on which the district is to be located, including approximate location of proposed buildings and other structures, parking areas, pedestrian circulation, open space, recreation areas, utilities and other proposed facilities. The approval of the Town Board is acceptance of the application for a particular site.

Once the Town Board has, in its sole discretion, accepted an application for a SCAH and has approved same for a particular property, the applicant shall apply to the Planning Board for site plan and special use permit approval in accordance with procedures set forth in the Town of Thompson Code for said approval. The Planning Board, in considering this site plan, shall apply the zoning requirements specifically enumerated in this section and under this chapter. If a period of more than one year elapses between the Town Board's approval of the SCAH and the submission of a site plan application, the SCAH designation shall lapse, and the property shall revert to its prior zoning classification. The applicant shall have the right to apply to the Town Board for two one-year extensions of this provision. Once the applicant receives a building permit on any portion of the subject property, the applicant is no longer in jeopardy of the designation lapsing.

The Planning Board may circulate a notice that it intends to serve as lead agency for a coordinated environmental review pursuant to the State Environmental Quality Review Act (SEQRA).[1]

Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

If the application is subject to the referral requirements of the New York General Municipal Law § 239-l, § 239-m and/or § 239-nn, then the Planning Board shall refer the matter to the County Planning Department for such review and determination.

In addition to all other customary fees, a fee as set from time to time by resolution of the Town Board shall accompany an application for the establishment of a SCAH. In addition, the applicant shall pay reasonable expenses incurred by the Town of Thompson in review of said application, including but not limited to services provided by the Town Engineer, Planner, Attorney and other professional planners, licensed engineers, licensed landscape architects, licensed attorneys, licensed land surveyors and licensed property appraisers, and any specialized consultants deemed to be necessary.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Application materials. The applicant shall submit a preliminary plan in sufficient quantity as determined by the Town. The preliminary plan, to be complete, shall consist, at a minimum, of the following:

Metes and bounds description of the proposed district.

A survey of the parcel prepared and certified by a licensed land surveyor.

A map drawn to scale showing existing conditions of the parcel, including:

The name and address of the owner of record and applicant, if different.

The name of the person or firm preparing the map.

The date, North arrow and scale.

The names, addresses and Tax Map parcel numbers of owners of all parcels within 500 feet of the subject property; also, mailing labels for all property owners of parcels within 500 feet of the subject parcel(s).

The acreage of the parcel and the County Tax Map number.

The boundaries of the parcel plotted to scale.

The location and width of existing and proposed state, county or Town highways or streets and rights-of-way abutting or within 200 feet of the parcel.

The location and outline of existing structures both on the parcel and within 100 feet of the property line.

The location of any existing storm or sanitary sewers, culverts, waterlines, hydrants, catch basins, manholes, etc., as well as other underground or aboveground utilities within or adjacent to the parcels.

The existing zoning and location of zoning boundaries.

The location and outline of existing water bodies, streams, marshes or wetland areas and their respective classification as determined by the appropriate governmental regulatory body.

The approximate boundaries of any areas subject to flooding or stormwater overflows.

The location and outline of existing vegetation clusters (for a distance of 50 feet onto adjoining property).

The applicant shall make every effort to preserve freestanding trees with a caliper dbh of at least eight inches or greater located within the parcel.

(o)

Existing contours at an interval of two feet (or less) and extending no less than 50 feet onto adjoining property.

(p)

The identification of any other significant natural feature.

A proposed preliminary plan, drawn approximately to scale, clearly showing the following:

The approximate location and dimensions of principal and accessory buildings on the site, their relationship to one another and to other structures in the vicinity, as well as the number of dwelling units by housing type and size, plus a calculation of the density, in dwelling units per acre.

The approximate location and dimensions of vehicular traffic circulation features of the site, including proposed roadways, internal driveways, parking and loading areas and proposed access to the site.

The approximate location and nature of pedestrian circulation systems, open space and outdoor recreation areas on the site.

The proposed source of water supply and method of delivery to the site.

A general plan for the collection and disposal of sanitary wastes from the site.

A general storm drainage plan and how it is to be connected to the drainage systems of adjoining lands.

A preliminary site grading plan at intervals of two feet or less.

Preliminary identification of areas which will be disturbed and areas which will remain undisturbed by project implementation.

A vicinity map showing the proposed use in relation to adjoining uses, transit service, grocery stores, community facilities, social service facilities, medical facilities and pharmacy and religious institutions.

Preliminary floor plans and building elevations.

A description of any subsidy program relied on in development of the project and proposed rents or selling prices within a reasonable range.

A statement as to the percentage and the location of dwelling units which are planned to meet affordable housing standards as defined in this article.

Development standards.

No senior citizen dwelling unit shall contain more than two bedrooms. Each complex may include a maintenance person's dwelling unit containing no more than three bedrooms.

The occupancy of senior citizen affordable housing shall be limited to two persons who meet the definition of "senior citizen" as that term is defined pursuant to present, future or amended definitions of the governmental agency providing subsidy or support to a project or to the head of the family if they otherwise qualify. The 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.

Within the senior citizen district, certain related ancillary facilities may be permitted, either in a separate building or in combination with dwelling units, such as, but not limited to, cafeterias, self-service laundries, lounges, game rooms or workshops, 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 approved by the Planning Board. Approval of a conditional use and site development plan for dwelling units in a senior citizen affordable housing development in no way constitutes approval for installation of any type of related facility.

The following zoning standards will apply to the parent parcel of those proposed projects that have been approved for the SCAH. If not specifically enumerated in this chapter, standard Town of Thompson zoning requirements will apply.

The site density shall not exceed the lesser of:

Sixteen dwelling units per gross acre for the first 15 gross acres. Thereafter the allowable density shall be reduced to six units per gross acres for the balance of the acreage with a maximum density of 500 units per project.

The maximum building height shall be three stories.

The minimum distance between detached buildings shall be 40 feet.

The maximum size of a senior citizen dwelling unit for one bedroom shall not exceed 750 square feet. The size of the superintendent's unit may not exceed 1,400 square feet.

Lot coverage is not to exceed 25%.

The maximum allowable distance from the lobby or elevator to a senior citizen dwelling unit shall not exceed 200 feet.

Minimum lot size shall be 10 acres.

Minimum lot width shall be 250 feet.

Minimum front yard setback from adjoining roads shall be 75 feet from the property line. The Planning Board shall have the option of reducing the front yard to 50 feet, where the neighborhood and site conditions warrant the same, in the sole discretion of the Planning Board.

Minimum road frontage shall be 250 feet.

Minimum building setbacks from adjoining properties shall be 100 feet from side; 100 feet from rear. The Planning Board may reduce the minimum building setbacks from the adjoining properties as it deems appropriate.

Senior housing developments shall preserve, to the greatest extent practical, mature trees, rock outcrops, slopes, wetlands and stream corridors and are subject to all provisions of the zoning law relating to sensitive environmental features.

The site plan must include suitably equipped and adequately maintained recreation open space. Group sitting areas shall be well-defined by walls, fences, hedges or other plantings designated to impart a sense of containment and/or security and to provide group privacy.

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.

Central refuse collection areas shall be located for the convenience of all units. There shall be supplied an adequate number and type of covered receptacles, and these shall be provided with proper screening and maintenance.

Preference shall be given for veterans of the United States Armed Forces 55 years of age or older.

Improvements restriction. The owner of an affordable senior citizen housing unit shall not make any internal or external structural improvements and/or changes to a unit without first obtaining the appropriate approvals and permits necessary.

Parking requirements.

One and zero-tenths per senior citizen dwelling unit, plus one per bedroom in the maintenance person's dwelling unit, if applicable.

Parking spaces, except for handicapped designation, shall not be small than nine feet zero inches by 18 feet zero inches.

Duration of approval.

A site plan development plan of a senior citizen affordable housing development approved in accordance with these regulations shall remain valid for a period of two years following the approval of the site plan and special use permit by the Planning Board and all other necessary governmental approvals as shall be needed to start construction. If, at the end of that two-year period, no application for a building permit has been filed for the parent parcel, then the plan shall be considered as having lapsed and shall be of no effect. However, two one-year extensions may be granted by the Planning Board for the site plan if the developer shows reasonable grounds for delay in the start of construction.

Approval and enforcement.

A certificate of occupancy will be required for each dwelling unit, and said certificate shall be understood to only permit occupancy in conformance with this chapter, the approval of the Town Board and the site plan approval of the Planning Board, and any condition thereof.

It shall be the duty of the owner or his agent to file a certification with the Building Official indicating compliance with this article's requirement relating to the number of occupants and the age of the occupants in each dwelling unit. Such certification shall be filed no later than February 1 of each year. Failure to file certification as required shall be deemed a violation of this article subject to penalties set forth in the Town of Thompson Code.

Each development will have at least two responsible parties, to wit, the owner, owner's agent or site manager, who will each provide the Code Enforcement Officer with his or her telephone number in the event of an emergency.

Any violation of the conditions of this section or site plan approval will constitute a zoning violation and will subject the development owner (landlord, in the case of rentals), homeowners' association or board of managers (in the case of condo or townhouse developments) to the remedies and fines set forth in Chapter 113, Article VI, of the Code or elsewhere in the Town of Thompson codes.

§ 250-28.2 Workforce Housing Development District.

Reference to this section and any conditions of approval shall be included in a deed as a covenant running with the land in perpetuity, and shall also be included in any lease or bylaws of any association, condominium or cooperative housing corporation, or any filing with the New York State Attorney General, if required, unless directed otherwise by the Planning Board.

[Added 5-15-2012 by L.L. No. 7-2012]

Purpose. It is the intent of this section to permit the establishment of a use classification entitled "Workforce Housing Development District" where the following objectives are sought:

The Town Board has determined that there is a need for housing developments located and designed to meet the needs of everyday working families and citizens of the Town of Thompson, to be known as "workforce housing developments" and believes that workforce housing should be encouraged by the Town of Thompson. Such housing developments will tend to contribute to the dignity and independence of people at a greater range of income levels. Workforce housing developments, if not properly located, constructed and maintained, may be detrimental to the general welfare, health and dignity of the residents. It is also deemed essential that the Town of Thompson safeguard against the deterioration of a workforce housing development.

General. A workforce housing development may be allowed in the Workforce Housing Floating (WFH) Zoning District, following acceptance of an application and approval of a particular property by the Town Board, and site plan and special use permit approval of the Planning Board. The site plan approval shall also provide within the development a reasonable number of recreational uses to primarily serve the development's residents. Workforce housing developments must obtain site plan approval and special use permit from the Planning Board in accordance with the procedure set forth and upon compliance with the standards and regulations herein, as well as general compliance with the Town of Thompson Code.

Intent and objectives. It is the intent of this section to encourage the development of moderately priced, affordable dwelling units for everyday working families and citizens of the Town of Thompson. The specific objectives of this section are to:

Encourage affordable housing opportunities for working families and citizens in order to give such residents the opportunity to remain in the community close to their work, family and friends.

Make quality affordable housing available with the scope and design of the development intended to establish a worthwhile asset for this segment of the community and the community as a whole.

Provide appropriate sites for the development of such housing in convenient locations.

Provide, within the boundary of the development, appropriate social, recreational and other facilities, which will contribute to the independence and meaningful activity of residents.

Regulate the nature and density of workforce housing developments, their site layout and design and their relationship to adjoining uses so as to provide ample outdoor living and open spaces for residents, to preserve trees, and to minimize detrimental effects on the site and surrounding neighborhood and environment.

Applicability. The WFH Zoning District shall be applicable anywhere within the Town of Thompson HC-1 and HC-2 zones. Such application shall include a sketch plan of the property on which the district is to be located, including approximate location of proposed buildings and other structures, parking areas, pedestrian circulation, open space, recreation areas, utilities, and other proposed facilities. The approval of the Town Board is acceptance of the application for a particular site.

Site selection.

The site should be located within reasonable proximity to public transportation service, or, in the alternative, provisions shall be included in the design of the site for future routing of buses, and provisions for a shuttle bus or other transportation service at the site (i.e., shelters or pickup areas should be included within the plans. Such plans for any and all bus shelters and pickup areas shall specifically provide for both maintenance and ownership of said shelters or pickup areas as directed by the Planning Board).

The site shall be located such that access to the site can be obtained from a public street, which meets current design standards of the Town with respect to roadway width and alignment and acceptable sight distances can be developed at the site entry/exit and at intersections in the vicinity of the site.

Municipal water and sewers must be provided at the site, as well as electric, cable and telephone.

Sites shall afford a safe and convenient system of drives, service access and adequate internal sidewalks and connections to off-site sidewalks conveniently accessible to all occupants.

Permitted principal and accessory uses.

Principal uses. The workforce housing development may allow as a principal permitted use:

Multifamily dwelling development, provided that such dwellings are arranged as individual dwelling units for the occupancy of working family households, as defined below. The site plan may be a mix of various occupancy units [multiple-unit (three dwelling units or greater), duplex and/or single units], provided that the units are arranged to function as an overall site plan development, and remain a single development, although the applicant may pursue a zero-lot-line subdivision, provided that appropriate controls are created to ensure long-term maintenance and control of common areas.

Exception. Notwithstanding the other provisions of this section, one unit may be occupied by a development superintendent or manager and his/her family (not to exceed a total of five persons). If a development has 100 units or more, an on-site development superintendent or manager will be required. The superintendent's or manager's unit will be included in the calculated number of units in a development. The development superintendent and family will not be subject to the occupancy restrictions listed elsewhere in this section.

Senior citizen affordable housing.

Accessory uses.

The following accessory uses are permitted:

Accessory uses, including buildings and facilities, which are reasonably necessary to meet the proper maintenance, administration, security, off-street parking, storage, fencing and utility system needs of the development and are subordinate to the residential character of the development.

The following accessory uses are permitted and encouraged (and, in developments with 100 or more units, may be required by the Planning Board as condition of site plan approval), provided that such facilities are approved by the Planning Board and managed as part of the building or complex of buildings and restricted in their use to residents of the building or building complex and further provided that there are no external advertising signs for such facilities:

A coin-operated vending machine room.

[b]

Security office and/or on-site security patrols.

[c]

Outdoor pool, game areas, sitting areas, walking trails or other outdoor recreation or leisure facilities.

Exception. Notwithstanding the other provisions of this section, certain community recreation facilities and open spaces not restricted in use to residents of the development and accessory to a workforce housing development authorization for such an exception must be approved by the Planning Board as part of the special permit. Details for operation of the facilities (including hours of operation, public and resident participation limitations, etc.) may be conditions of the special permit and shall be subject to the review and approval of the Planning Board, as part of site plan review.

Occupancy and occupancy definitions for residential occupancy. Occupancy of dwelling units within a workforce housing development shall be for residential purposes only. Occupancy shall be limited to households as defined and described below:

Workforce household. For purposes of this section, a workforce household shall consist of one or more persons, whose combined total income is at or below the threshold set by the New York State HCR, or other successor agency as designated by the State of New York.

Guests. Temporary occupancy by guests of families who reside in a workforce housing unit shall be permitted for a maximum of seven consecutive nights, provided that such occupancy does not exceed 30 total days in any calendar year, total for all guests (combined), at a particular dwelling unit. Guests staying for more than three consecutive nights will advise the development superintendent or manager of their occupancy. The development superintendent or manager shall maintain a log of all guests, and such log shall be available for review by the Code Enforcement Officer of the Town; however, enforcement of this provision shall be by the landlord and not the Town of Thompson.

Lot and bulk requirements.

The following lot and bulk requirements shall apply to the parent parcel of workforce housing developments for a special use permit and site plan approval, although the Planning Board may increase or add additional requirements so as to make the same compatible with the general neighborhood and in accordance with good planning:

Minimum lot area. The minimum permitted lot area of the parent parcel shall be 10 acres. In calculating the maximum number of dwelling units per acre, the gross lot area (as defined in this chapter) shall be utilized, and any lands which are subject to easements, rights-of-way, encumbrances, NYSDEC or federal wetlands, steep slopes, etc., shall not be considered in the calculation of the total number of available acres. An exception to this restriction is as follows:

For workforce housing developments, up to 5% of the property may be encumbered by public or utility easements or rights-of-way without deduction from lot area or subtraction from unit density calculation.

Maximum residential density. The maximum permitted density shall be 16 dwelling units per gross acre for the first 15 gross acres. Thereafter, the allowable density shall be reduced to six units per gross acre for the balance of the acreage, with a maximum density of 500 units per project.

Maximum development coverage (all buildings, structures, and parking area, walkways and similar improvements). Maximum development coverage shall not exceed 25% of the gross lot area.

Minimum front yard. The minimum front yard setback shall be 75 feet measured from the property line. The Planning Board shall have the option of reducing the front yard to 50 feet, where the neighborhood and site conditions warrant the same, in the sole discretion of the Planning Board.

Minimum side and rear yard. The minimum side yard and rear yard setbacks shall be 50 feet measured from the property line. If the property directly abuts a state or county highway, or a Town roadway classified as a major road, this setback shall be increased to 75 feet.

Lot width of parent parcel. The minimum lot width shall be 250 feet.

Maximum building height. The maximum building height shall be three stories.

Setbacks as referenced herein do not apply to internal lot lines if the proposed development is to be a zero lot-line development, internal driveways, parking lots, or similar site improvements; however, these improvements are subject to the review of the Planning Board, which may require specific setbacks of improvements or addition of screening as may be warranted by the conditions of the development and surrounding uses.

Site regulations and miscellaneous requirements.

The development design shall be functional and shall provide for the safety, health and general welfare of occupants of this demographic group.

Access and internal roadways. All access and internal roadways shall be privately owned and maintained unless otherwise approved by the Town Board. All entrances and exits for ingress, egress, and interior circulation will be of a width and location suitable for the site and workforce housing.

Parking and circulation. Parking spaces shall be provided at the ratio of 2.0 spaces per unit (minimum). The fractional spaces will be rounded to the next highest number. The parking spaces will be conveniently located, evenly distributed, arranged, striped and identified by signage. Additional spaces shall be provided at any clubhouse and recreational facilities. The Planning Board may require additional parking for other accessory facilities, including guest parking. No commercial vehicles will be permitted. (Such restriction shall not apply to management company or condo association vehicles utilized for operation of the site.) For purposes of this section, garage and driveway parking spaces will count in the parking calculation.

Outdoor recreation. Usable outdoor recreation space will be provided in a type and quantity as required by the Planning Board. Such space shall consist of both active and passive recreation amenities, such as exercise and game areas, outdoor pool, patio areas, landscaped and shaded sitting areas, walking or jogging trails.

Sidewalks. Each development will provide suitable sidewalks, which may include handrails when appropriate and required by code. The Planning Board may waive this requirement when, in its discretion, such sidewalks are not appropriate or required.

Landscaping. Each development will provide suitable landscaping in accordance with the standards set by the Planning Board and as required elsewhere in this Code for site plans. Applicants are advised that bonding requirements for key public site improvements, including landscaping, as referenced in § 250-52.1 of the Town Code, are applicable.

Building location; standards.

Placement and orientation of buildings on the site shall be subject to the following requirements:

The side of any principal building, if opposite the side of another principal building, shall be separated therefrom by a distance of not less than the height of the (higher) opposite bounding wall.

In the case of front-to-front and rear-to-rear orientation, the spacing of the buildings shall be not less than 1 1/2 times the height of the (higher) opposite bounding wall.

If the rear of any principal building shall face the front of another principal building, it shall be distant therefrom not less than twice the height of the (higher) opposite bounding walls.

In computation of spacing between buildings, the measurements shall be taken from the outside extremity of any decks, balconies and similar extensions to the structure.

Basement units. Units provided in workforce housing developments shall not be of a type or configuration which could be considered basement units, wherein any living quarters are substantially below grade (greater than 33% of lowest level); however, this restriction is not intended to prohibit basements, garages or storage areas as a part of the units otherwise provided with living quarters which are above grade.

Identification signs will be permitted in a location or locations as approved by the Planning Board. Sign dimensions and other requirements shall comply with § 250-30 of this chapter.

Building identification signs and number/letter identification shall be provided in accordance with the applicable sections of the Code, and as recommended by the Office of the Fire Inspector, to promote efficient and timely identification for residents, visitors and emergency personnel.

Artificial lighting. All areas within the development shall be provided with suitable artificial lighting, sufficient for the convenience and safety of residents. Lighting shall be designed so as not to extend onto adjoining properties or cause glare onto the same.

(12)

The location of buildings, the arrangement of dwelling units within the buildings and suitable materials and methods of construction shall be utilized to reduce the transmission of sound.

(13)

Adequate facilities shall be provided for the removal of snow, trash and garbage and for general maintenance of the development. Trash and garbage facilities shall be enclosed in a permanently enclosed structure. The structure shall be aesthetically appealing and landscaped. Spacing and distribution of the facilities shall be convenient.

(14)

Miscellaneous.

Utility service to the site shall be buried.

Outdoor public address systems or other outdoor amplified noise shall be prohibited.

The architectural style of the proposed development, exterior materials, finish and color shall be consistent with existing community and neighborhood character.

The site layout and sequencing of the site construction and development shall be such that the site amenities and the indoor community space shall be complete and usable, and all applicable certificates of occupancy and/or compliance obtained, before 50% of the dwelling units are occupied. If the developer has not accomplished the same, he/she shall not request building permits (nor shall any be issued) for any work for the second 50% of the dwelling units.

General building and unit requirements.

Buildings shall require the following facilities and services:

Laundry. Laundry facilities (washers and dryers) adequate to serve the occupants of the development shall be provided and maintained. Facilities shall be provided either as common facilities or as individual facilities. If common facilities are selected, all appliances shall be provided and maintained by the development applicant/developer.

If common facilities are provided, the same shall be located in each building, in a convenient location, unless otherwise authorized by the Planning Board.

If individual facilities are provided, washer and dryer units (or combination-type units) shall be provided in a utility closet in each unit of the developments.

Indoor community space shall conform to the requirements set by the New York State HCR or other successor agency as designed by the State of New York Division of Housing and Community Renewal.

All windows and doors for common areas and community buildings shall be provided with screens for fresh air ventilation.

Dwelling unit requirements.

Unit size requirements shall be as set forth in the latest revision of the New York State Division of Housing and Community Renewal Design Handbook Section 4.03.03.

Application procedure. Application for the establishment of a WFH Zoning District shall be made to the Town of Thompson Town Board. Such application shall include a sketch plan of the property on which the district is to be located, including approximate location of proposed buildings and other structures, parking areas, pedestrian circulation, open space, recreation areas, utilities and other proposed facilities.

Once the Town Board has, in its sole discretion, accepted an application for a WFH Zoning District and has approved same for a particular property, the applicant shall apply to the Planning Board for site plan approval and special use permit in accordance with procedures set forth in the Town of Thompson Code for said approval. The Planning Board, in considering this site plan, shall apply the zoning requirements specifically enumerated under this section and in this chapter. If a period of more than one year elapses between the Town Board's approval of the WFH Zoning District and the submission of a site plan application, the WFH Zoning District designation shall lapse, and the property shall revert to its prior zoning classification. The applicant may, however, apply to the Town Board for two one-year extensions of this time period. Once the applicant receives a building permit on any portion of the subject property, the applicant is no longer in jeopardy of the designation lapsing.

The Planning Board may circulate a notice that it intends to serve as lead agency for a coordinated environmental review pursuant to the State Environmental Quality Review Act (SEQRA).

If the application is subject to the referral requirement of the New York General Municipal Law § 239-l, § 239-m and/or § 239-nn, then the Planning Board shall refer the matter to the County Planning Department for such review and determination.

In addition to all other customary fees, a fee as set from time to time by resolution of the Town Board shall accompany an application for the establishment of a WFH Zoning District. In addition, the applicant shall pay reasonable expenses incurred by the Town of Thompson in review of said application, including but not limited to services provided by the Town Engineer, Planner, Attorney and other professional planners, licensed engineers, licensed landscape architects, licensed attorneys, licensed land surveyors and licensed property appraisers, and any specialized consultants deemed to be necessary.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Metes and bounds description of the proposed district.

A survey of the parcel prepared and certified by a licensed land surveyor.

A map drawn to scale showing existing conditions of the parcel, including:

The name and address of the owner of record and applicant, if different.

The name of the person or firm preparing the map.

The date, North arrow and scale.

The acreage of the parcel and the County Tax Map number.

The boundaries of the parcel plotted to scale.

The location and width of existing and proposed state, county or Town highways or streets and rights-of-way abutting or within 200 feet of the parcel.

The location and outline of existing structures both on the parcel and within 100 feet of the property line.

The existing zoning and location of zoning boundaries.

The location and outline of existing water bodies, streams, marshes or wetland areas and their respective classification as determined by the appropriate governmental regulatory body.

The approximate boundaries of any areas subject to flooding or stormwater overflows.

The location and outline of existing vegetation clusters (for a distance of 50 feet onto adjoining property).

Applicant shall preserve as many freestanding trees with a caliper dbh of eight inches or greater located within the parcel as possible.

(o)

Existing contours at an interval of two feet (or less) and extending no less than 50 feet onto adjoining property.

(p)

The identification of any other significant natural feature.

A proposed preliminary plan, drawn approximately to scale, clearly showing the following:

The approximate location and nature of pedestrian circulation systems, open space and outdoor recreation areas on the site.

The proposed source of water supply and method of delivery to the site.

A general plan for the collection and disposal of sanitary wastes from the site.

A general storm drainage plan and how it is to be connected to the drainage systems of adjoining lands.

A preliminary site grading plan at intervals of five feet or less.

Preliminary identification of areas which will be disturbed and areas which will remain undisturbed by project implementation.

Preliminary floor plans and building elevations.

A description of any subsidy program relied on in development of the project and proposed rents or selling prices within a reasonable range.

A statement as to the percentage and the location of dwelling units which are planned to meet affordable housing standards as defined in this article.

Approval and enforcement.

A certification of compliance will be filed annually with the Town for each dwelling unit. The owner, homeowners' association, or an authorized agent will file (in the office of the Town officers and employees of the Building Department) a certification of compliance with the Code Enforcement Officer stating that the development, each dwelling unit, and the occupancy of each unit is in conformance with this chapter and the permit and approvals granted by the Town.

Any violation of the conditions of this section or site plan approval will constitute a zoning violation and will subject the development owner (landlord, in the case of rentals), homeowners' association or board of managers (in the case of condo or townhouse developments) to the remedies and fines set forth in Chapter 113 of the Code or elsewhere in the Town of Thompson codes.

§ 250-29 Stripping of land.

Permits.

Land may not be stripped for any purpose without a permit, obtained as herein provided, and failure to have such a permit shall constitute a violation of this Part 1. This provision shall not be applicable to sand, gravel, shale, topsoil or other aggregate mining operations that are active as of the date this Part 1 was adopted and are permitted by the New York State Department of Environmental Conservation.

Stripping of land shall be allowed only by authorization of the Planning Board and any other governmental agency having jurisdiction.

Applications for stripping of land shall be filed with the Planning Board for approval. Upon authorization by the Planning Board, the officers and employees of the Building Department shall, upon receipt of the proper fee as determined in § 250-58A of this Part 1, issue a permit for stripping of land.

The permit shall be valid for a period to be determined by the Planning Board in its approval and shall be subject to such conditions and performance conditions as the Planning Board deems necessary for the particular case.

Any deviation from the application as originally approved by the Planning Board shall require a new application before the Planning Board and shall be in conformance with these regulations.

Applications for permits for stripping of land shall be in writing, signed by the applicant, and shall state:

The name and address of the applicant(s) and, if a corporation, the name and address of each officer, shareholder (if fewer than 10) and director;

The interest of the applicant in the property if not the owner of record; and

The name and address of the property owner.

Each application shall be accompanied by a site plan indicating the following information:

Location of the area to be stripped showing the boundaries and measurements of the lot and the extent and depth of the area to be stripped;

Names of owners of adjoining properties;

Quantity of material to be removed;

Destination of stripped material, including stockpile areas and ultimate disposition of stripped material;

Means of egress and ingress for trucks and equipment;

Watercourses and drainage ditches;

Measures to control erosion, noise, dust and loss of material during transportation;

Duration of proposed stripping of land;

Restoration of area proposed to be stripped during temporary interruptions in activities and after stripping has been completed;

A plan for the disposition of woody vegetation growing in the area to be stripped; and

A site location map at a scale of 1:24,000.

Requirements and standards.

Any area that has been stripped or covered with fill shall be restored to a suitable grade so as to provide good drainage and no disturbance to adjacent properties. Final grade shall form a smooth transition to surrounding undisturbed land. Final slopes shall not be less than 0.5%; slopes greater than 25% shall be terraced, the vertical steps to be not greater than five feet and stabilized with noneroding material. Ponding areas shall be provided as required to remove silt from runoff before flowing from the property.

Any area that has been stripped or covered with fill shall be seeded to provide an effective cover crop within the first growing season following the start of such stripping or covering.

To ensure the compliance of the permittee with the standards of this section, a performance bond in a suitable amount may be required.

§ 250-30 Signs.

[Amended 3-4-1997 by L.L. No. 2-1997; 5-21-2019 by L.L. No. 2-2019]

Purpose.

It is the purpose of this section to establish standards for signs to help preserve, and where necessary, improve the appearance of the Town; and to promote public safety by regulating the location, quality, construction and maintenance of signs.

NONPERMANENT SIGNS, INCLUDING

It is further the intent of this section to regulate signs in the context of the built and natural environment in which they exist, recognizing that quality signage will reflect on this environment and offer a human perspective on it. Signs are an economical and effective way to communicate information and an asset to most businesses. Property values, therefore, are protected and enhanced when signs are designed with these principles in mind. It is for this reason that these sign regulations afford applicants flexibility and provide incentives for thoughtful design and quality construction.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ABANDONED SIGN

A sign for which the primary and/or principal land use, advertised business, service, owner, product, or activity no longer exists after a period of six months for off-premises signs and three months for on-premises signs. Or a sign that is in a state of substantial disrepair so as to be illegible or materially deteriorated in the judgment of the Building Department.

NONCONFORMING SIGN

Signs that are not in accord with this Code, if they have not received approval otherwise, will be considered nonconforming.

TEMPORARY SIGNSA sign that is located on private property that can be displayed for no more than 30 consecutive days at one time.

OFF-PREMISES (OFF-SITE) SIGN

LIMITED-DURATION SIGNA sign that is displayed on private property for more than 30 days, but not intended to be displayed for more than 90 days.

Signs that are placed on any property that is not integral to the activity to which it refers. The sign may be separated from the activity by a roadway, highway, common driveway or other obstruction, or is at such a distance that the sign is closer to the highway than the activity. An off-site sign may also display a noncommercial message.

ON-PREMISES (ON-SITE) SIGN

Signs that are located on the same premises on which the activity to which it refers is conducted and/or a sign which directs attention to a business, commodity, service or entertainment or attraction sold, offered or existing on the same lot where such sign is displayed. An on-site sign may also display a noncommercial message.

PERSONAL EXPRESSION SIGN

An on-premises sign that expresses an opinion, interest or position or other noncommercial message.

SIGN

Any letter, word, model, banner, pennant, insignia, device or representation used as or which is in the nature of an advertisement, attraction or directive, or communication of information of any kind to the public when located out of doors or on the exterior of any building.

SIGN AREA

Includes all faces of a sign measured as follows:

When such sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed by such frame or outline shall be included;

When such sign consists of only letters, designs or figures engraved, painted or projected or in any manner affixed on a wall, the total area of such sign shall be deemed the area within which all of the matter of which such sign consists is inscribed.

For double-sided signs only one side shall be considered when determining the sign area, provided that the faces are equal in size, the interior angle formed by the faces is less than 45° and the two faces are not more than 18 inches apart (on-premises signs) or five feet apart (off-premises signs). Where the faces are not equal in size with the same design description, the larger sign face shall be used as the basis for calculating sign area. Otherwise, both sign faces will be used in the area calculation.

Signs that consist of, or have attached to them, one or more three-dimensional or irregularly shaped objects, shall have a sign area of the sum of two adjacent vertical sign faces of the small cube drawn to encompass the sign or object.

SIGN HEIGHT

The height of the topmost portion of the sign as measured above the surface of the ground, unless the foundation for such sign shall be positioned below the adjoining road grade, in which case the height shall be measured from the road grade.

SIGN TYPES

Defined as follows:

BUILDING-MOUNTED SIGNSA sign mounted on a building's exterior. There are a number of different types, which typically differ in exactly where on the building's exterior they appear.

AWNING SIGNA sign extending from a building, typically but not necessarily above a door, and also serves as a shelter. Typically, but not exclusively, a canvas over a frame.

BANNERA sign made of any cloth, bunting, plastic, paper, or similar nonrigid material attached to any structure, staff, pole, rope or wire, or framing which is anchored on two or more edges or at all four corners.

BLADE SIGNProjecting signs mounted perpendicular to the wall of a building.

CANOPY SIGNA canopy sign is similar to an awning sign but does not include the goal of providing shelter. It extends from a building's exterior wall, but does not extend above the wall and may also function as a marquee. An "under canopy sign" hangs from the underside of a canopy.

INCIDENTAL SIGNA sign that displays general site information, instructions, directives, or restrictions that are primarily oriented to pedestrians and motor vehicle operators who have entered a property from a public street. These signs do not contain any commercial advertising, but may include business' hours of operation, credit institutions accepted, commercial and civic affiliations, and similar information.

INCIDENTAL WINDOW SIGNSigns displayed in the window showing information such as business' hours of operation, credit institutions accepted, commercial and civic affiliations, and similar information. These signs are informational only and do not contain a commercial message.

MARQUEEMost commonly a structure placed over the entrance to a hotel or theatre stating the name of the establishment and information on events at the venue. It is often identifiable by surrounding cache of light bulbs, usually yellow or white, that flash intermittently or as chasing lights. May also be constructed to be portable.

PARAPET SIGNA sign mounted on a building's parapet, which is a wall or railing that runs along the edge of the roof.

PROJECTING SIGNA sign mounted on a building, extending out from the structural wall surface but the sign generally extends at a perpendicular angle.

ROOF SIGNA sign mounted on a building's roof.

SIGN BANDA sign band runs above the tenants' exterior entrances and accommodates various signage for each tenant. A sign band is often used in buildings in which there are multiple tenants, such as a shopping center.

WALL (OR FASCIA) SIGNA sign painted on or attached to the exterior wall or fascia of a building (the fascia is a vertical extension that can reach from the grade to the top wall or eaves, the horizontal extension across the width of the building. It also can include slanted wall surfaces, called a mansard.)

WINDOW SIGNMay be either attached or applied to the window.

FREESTANDING SIGNSA sign that is not attached to a building.

ADVERTISING FLAGA sign made from lightweight, durable, weather-resistant material, typically placed in grass or soil with a pole set. Also known as a "flutter flag," "blade flag" or "feather flag banner."

BALLOON SIGNA gas-filled balloon, often lighter than air, tethered in a fixed location, which contains an advertisement message on its surface or attached to the balloon in any other manner.

BILLBOARDA freestanding off-premises sign of more than 50 square feet in surface area which directs attention to an object, product, service, place, activity, person, institution, organization or business that is primarily offered at a location other than the lot upon which the sign is located.

DIRECTIONAL SIGNSigns designed to provide direction to pedestrian and vehicular traffic into and out of, or within, a site.

ELECTRONIC MESSAGE SIGNA sign capable of displaying words, symbols, figures or images that can be electronically changed by remote or automatic means. Many forms, including traditional incandescent lighting, light-emitting diodes (LEDs), liquid crystal displays (LCDs) or a flipper matrix.

FLAGSSign printed or painted on cloth, plastic, canvas, or other like material with distinctive colors, patterns, text or symbols, and attached to a pole or staff anchored along only one edge or supported or anchored at only two corners.

INFLATABLE SIGNA sign that is an air-inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or on a structure or tethered, and equipped with a portable blower motor that provides a constant flow of air into the device.

MONUMENT, OR GROUND, SIGNA freestanding sign that is not attached to a building, having a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick, often lower in height than many signs.

POLE SIGNA sign supported by a pole or poles, structurally independent of any building.

PORTABLE SIGNA sign not permanently attached to the ground or a structure, designed to be transported, including signs on wheels, "A" or "T" frames or any other movable device or vehicle. Includes sidewalk signs and may have a frame allowing messaging to be changed out by hand or have a chalkboard or whiteboard surface.

PYLON SIGNA tall sign, similar to the shorter monument sign, in which the support structure is enclosed.

READER BOARDA visual display board, often LED-based, that conveys information about a wide variety of subjects, including advertising for products or services, travel, news or event information.

TRAFFIC SIGNAn official sign placed along a highway by a local, County or state government for the purposes of public traffic control.

VEHICLE SIGNAdvertising for products or services that is painted onto a vehicle or attached by decal or magnet.

ILLUMINATED SIGNSAny sign illuminated by electricity, gas or other artificial light, including reflective or phosphorescent light. Such signs include backlit, channel letters [with light-emitting diode (LED) or not lit], commercial electronic variable message signs (CEVMS), interior or exterior illumination or neon.

DIRECT LIGHTINGLight provided either through exposed lighting on the sign face or through transparent or translucent material from a light source within the sign.

INDIRECT LIGHTNINGLight provided from a source that is separate form the sign face or cabinet and is directed so as to shine on the sign.

MESSAGE CENTER SIGNA non-flashing sign that uses changing lights to form a sign message or messages using alpha-numeric symbols and wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes. A common example is a gas price display sign.

Signs exempt from permit requirements. The following signs shall be allowed without a sign permit and shall not be included in the determination of the type, number, or area of permanent signs allowed within a zoning district, provided such signs comply with the regulations of this section, if any:

Official traffic signs.

Government/regulatory signs.

Signs inside a building, or other enclosed facility, which are not meant to be viewed from the outside, and are located greater than three feet from the window.

Holiday and seasonal decorations.

Personal expression signs of any sign type, provided they do not exceed three square feet in area per side, are noncommercial in nature, well maintained and not illuminated.

Address signs: one sign stating address, number and/or name of occupants of the premises and does not include any commercial advertising or other identification. Also known as a "nameplate". Signs not to exceed two square feet in area in residential districts nor four square feet in area in commercial or industrial districts.

Public signs that are erected or required by government agencies or utilities, including traffic, utility, safety, railroad crossing, and identification or directional signs for public facilities.

Identification signs or emblems of a religious, civil, philanthropic, historical or educational organization that do not exceed four square feet in area.

Private drive signs; one per driveway entrance, not to exceed two square feet in area.

Incidental signs, including window incidental signs.

Nonpermanent temporary signs in compliance with regulations at Subsection K.

(12)

Flags.

Location. Flags and flagpoles shall not be located within any right-of-way.

Height. Flags shall have a maximum height of 30 feet.

Number. No more than two flags per lot in residential districts, no more than three flags per lot in all other districts.

Size. Maximum flag size is 24 square feet in residential districts, 35 square feet in all other districts.

Flags containing commercial messages may be used as permitted freestanding or projecting signs, and, if so used, the area of the flag shall be included in, and limited by, the computation of allowable area for signs on the property.

Flags up to three square feet in area containing a noncommercial message are considered personal expression signs. [Subsection C(5)].

(13)

Security or warning signs. These limitations shall not apply to the posting of conventional "no trespassing" signs in accordance with state law.

Residential districts: signs not to exceed two square feet in area.

Nonresidential districts: maximum of one large sign per property, not to exceed five square feet in area. All other posted security and warning signs may not exceed two square feet in area.

(14)

Legal notices.

(15)

Vending machine signs.

(16)

Memorial signs, public monument or historical identification sign erected by the Town, including plaque signs up to three square feet in area.

(17)

Signs which are a permanent architectural feature of a building or structure, existing at the time of adoption of this section.

(18)

Signs advertising the variety of crop growing in a field. Such signs shall be removed after the growing season.

(19)

Directional signs, provided they do not contain commercial messaging.

Area. No single directional signs shall exceed four square feet in area.

Height. Directional signs shall have a maximum height of five feet.

Illumination. Directional signs shall not be illuminated.

(20)

Art and murals, provided such signs do not contain any commercial messaging.

Schedule of Allowed Locations (schedule attached).[1] The following signs are permitted per parcel within each of the specified zoning districts. All signs in all zones other than exempt signs require a permit.

Suburban residential. In addition to the exempt signs described in Subsection C of this section, Signs exempt from permit requirements, the following numbers and types of signs may be erected in the Town of Thompson Suburban Residential (SR) districts, subject to the conditions specified:

One nonilluminated address sign, not to exceed two square feet in area.

One directly illuminated nonflashing announcement sign for institutional uses, not to exceed 12 square feet in area, and not closer than 15 feet to any lot line.

Limited-duration signs, not to exceed six square feet in area.

One directional sign per off-street parking area, not to exceed two square feet in area.

Rural residential. In addition to the exempt signs described in Subsection C of this section, Signs exempt from permit requirements, the following numbers and types of signs may be erected in the Town of Thompson Rural Residential (RR) districts, subject to the conditions specified:

One sign identifying the permitted use, not to exceed 20 square feet, which may be illuminated.

One directly illuminated nonflashing announcement sign for institutional uses, not to exceed 12 square feet in area and not closer than 15 feet to any lot line.

Limited-duration signs not to exceed six square feet in area.

Directional signs for off-street parking areas, not to exceed two square feet in area in nonresidential areas.

Commercial industrial. In addition to the exempt signs described in Subsection C of this section, Signs exempt from permit requirements, the following numbers and types of signs may be erected in the Town of Thompson Commercial Industrial (CI) districts, subject to the conditions specified:

One sign identifying the permitted use, not to exceed 20 square feet in area, and which may be illuminated.

Nonflashing business signs related to a use on the same lot, provided that the number of square feet of the gross surface area of all signs on a lot shall not exceed the number of linear feet of lot frontage. Each side of a building that abuts more than one street shall be considered a separate frontage.

No sign shall project more than 18 inches from a wall to which it is affixed.

There shall not be erected more than one freestanding sign on a lot, and such sign shall not be more than 40 square feet in area, 20 feet in height and not less than 25 feet from the right-of-way of any public street. If such freestanding sign height exceeds 10 feet as measured from ground surface to the bottom of the sign, the sign shall be constructed as a monopole sign.

Highway commercial. In addition to the exempt signs described in Subsection C of this section, Signs exempt from permit requirements, the following numbers and types of signs may be erected in the Town of Thompson Highway Commercial (HC) districts, subject to the conditions specified:

One sign identifying the permitted use, not to exceed 20 square feet in area, which may be illuminated.

Nonflashing business signs related to a use on the same lot are permitted, provided that the number of square feet of the gross surface area of all signs on a lot shall not exceed the number of linear feet of lot frontage. Each side of a building that abuts more than one street shall be considered a separate frontage.

No sign shall project more than 18 inches from a wall to which it is affixed.

Signs advertising a product or activity not conducted on the premises are permitted, provided that the sign does not exceed 40 feet in length or 20 feet in height. No more than one such sign shall be permitted per 1,000 feet of road frontage of said parcel. If the sign height exceeds 10 feet as measured from the ground surface to the bottom of the sign, it shall be constructed as a monopole sign.

No sign shall be within 25 feet of the right-of-way of a public street or within 200 feet of an intersection of a public street.

Extractive industrial. In addition to the exempt signs described in Subsection C of this section, Signs exempt from permit requirements, the following numbers and types of signs may be erected in the Town of Thompson Extractive Industrial (EI) district, subject to the conditions specified.

One nonflashing sign identifying the permitted use, not to exceed 20 square feet in area, which may be directly illuminated.

Editor's Note: The Schedule of Sign Regulations is included as an attachment to this chapter.

Application (A sign design guidance document will be available through the Town).

All signs shall comply with the standards provided herein and on the attached Schedule of Sign Regulations.[2] The Town Code Enforcement Officer or his or her designee shall administer these regulations. If a sign type is not listed in this section, it is prohibited.

Editor's Note: The Schedule of Sign Regulations is included as an attachment to this chapter.

An application for a permit to install or relocate a sign shall be made on a form obtained from the Code Enforcement Officer, together with such fees as required by the Town Board. Every application shall include elevation and plan drawings to scale with a graphic presentation of the placement and appearance of the proposed sign. This presentation shall depict the location of the sign in relation to buildings and property features, materials of construction for each element of the sign, any method of illumination, the graphic design (including symbols, letters, materials and colors) and the visual message, text copy or content. Written consent of the property owner shall also be provided.

All applications shall be acted upon by the Code Enforcement Officer within a reasonable time from receipt. The Code Enforcement Officer may approve, deny or pass the application to the Planning Board. Certain signs, as indicated on the Schedule of Sign Regulations, shall be submitted to the Planning Board, and no permit for such sign shall be granted nor shall such sign be allowed except with the approval of the Planning Board. All applications submitted to the Planning Board shall be acted upon within a reasonable time from receipt. Permits are issued by the Building Department.

Fees. A schedule of permit fees based upon that most recently adopted by the Town.

Design criteria.

Signs subject to review shall be approved or disapproved based on the appropriateness and compatibility of their design, shape, materials, colors, illumination, legibility, location and size. Approval shall require consistency with the design criteria listed in this section. The Board may also require modification in sign features to meet the criteria provided below. (A sign design guidance document will be available through the Town.)

In reviewing sign applications, it shall be determined that the sign will meet the following criteria:

Signs should be a subordinate part of the streetscape.

Signs in a particular area or district should create a unifying element and exhibit visual continuity.

Whenever feasible, multiple signs should be combined into one to avoid clutter.

Signs should be as close to the ground as possible, consistent with legibility considerations, and pole signs shall be discouraged in favor of ground signs wherever possible.

A sign's design should be consistent with the architectural character of the building near or on which it is placed and not cover any architectural features on the building, and it should be sized and located in proportion to the building to preserve the human perspective.

Vivid colors and materials may be used but shall not dominate a building or site.

The sign should be located so as to not interfere in any way with the clear views required for public safety by highway travelers or pedestrians.

The sign must not present an overhead danger or obstacle to persons below.

The size of the sign should be the minimum which will achieve ready visibility without becoming an unnecessary distraction from the highway view or detriment to the highway scenery.

The sign should never block the view of any other signs.

The sign should be of good construction quality that is easy to maintain in safe condition and good appearance. The supporting structure should be designed to provide for wind resistance such that the sign is safe and will not deteriorate or collapse after an extended period outdoors.

Sign materials and design should be compatible with the surrounding natural landscape.

The sign should not substantially interfere with the views to and from other enterprises or residences.

Freestanding signs other than billboards shall generally require landscaping around the base of the sign. The size of the landscape area shall be approved as part of the sign permit. Landscape plans shall be submitted for signs of 32 square feet or more in size and shall include the size, species, location and spacing of plant materials, method of separating the planter from the adjacent area, and the irrigation plan for maintaining the landscape materials. Where the proposed sign is to be constructed in conjunction with a new building project, however, landscaping shall be designed as part of the overall site plan for the activity, and all authority for site plan approval shall rest with the Planning Board. Notwithstanding this, the Building Department shall retain responsibility for approval of the sign itself, and evidence of that approval shall be required prior to the Planning Board granting site plan approval.

The Planning Board or Building Department is authorized to clarify and expand upon these review criteria, provided it shall do so in writing and its actions are consistent with the intent of this section. Review of sign applications shall be conducted in the context of the design examples and other materials provided to visually explain these review criteria incorporated in the sign design guidance.

General regulations.

The following regulations shall pertain to all signs:

So as to limit the unnecessary proliferation of signs, they shall be permitted only in connection with a permitted use or for the purposes of specifically directing travelers to businesses or services.

Abandoned signs shall be removed at the expense of the sign owner or property owner.

Signs shall not be permitted on the roof or above the roofline of the building to which they are attached.

No part of any sign shall project above the top or beyond the ends of the wall surface on which it is located.

No sign, except a public sign, visible from the pubic street, shall use the words "stop," "danger" or any other word, phrase, symbol or character which could be interpreted by a motorist as being a public safety warning or traffic sign.

No light shall be permitted that by reason of intensity, color, location, movement or direction of its beam may interfere with public safety, and must be shielded so as not to interfere with a driver's vision.

No sign shall be attached to any tree, utility pole or other object not intended for such use.

One-time placement of portable signs for special events shall be allowed pursuant to the temporary sign provisions hereof.

No sign shall exceed in height 1/2 its distance from the highway right-of-way, notwithstanding any other height limitation which may also be applicable.

The following types of signs or artificial lighting are prohibited:

Flashing signs, including any sign or device on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use, except signs giving public service information (date, time, temperature, etc.) and as in Subsection K, Illumination.

Signs which compete for attention with or may be mistaken for a traffic sign.

The outlining by direct illumination of all or any part of a building such as a roof, gable, wall, side or corner.

Paper-pasted billboards, being billboards where the advertising material is made of a paper derivative and is pasted to the billboard.

Vehicular signs on parked vehicles used primarily for advertising and not for transportation. The prohibition does not include the use of business logos, identification or advertising on vehicles primarily and actively used for business purposes and/or personal transportation.

Inflatable signs and balloon signs.

Any sign which is not covered under this section.

Other sign requirements.

Signs to provide for the normal and safe flow of traffic into and out of the place of business such as entrance, exit and parking signs shall be permitted in excess of the limitations provided herein. Such signs shall not be of a size greater than necessary for persons of normal visual acuity to observe.

Bus shelter signs shall be considered wall signs and be subject to all regulations pertaining to wall signs.

Limited-duration signs.

A nonpermanent sign that is displayed on private property for more than 30 days, but not intended to be displayed for an indefinite period. A permit for a limited-duration sign is issued for one year and may be renewed annually. Limited-duration signs that comply with the requirements of this section shall not be included in the determination of the type, number, or area of signs allowed on a parcel. The requirements shall apply to both commercial and noncommercial signs.

Size and number.

Nonresidential property. Freestanding, window or wall signs may be permitted (except as prohibited elsewhere in this Code).

Large limited-duration signs. One large limited-duration sign, with a maximum area of 32 square feet, and maximum height of eight feet, is permitted per parcel on all nonresidential properties. If the parcel is greater than five acres in size and has at least 400 feet of street frontage, one additional large limited-duration sign may be permitted so long as there is a minimum of 200 feet between the two large limited-duration signs.

Small limited-duration signs. In addition to the large limited-duration sign(s) outlined above, one small limited-duration sign, having a maximum area of 16 square feet and maximum height of six feet, is permitted per nonresidential parcel. If the parcel is greater than five acres in size and has at least 400 feet of street frontage, one additional small limited-duration sign may be permitted.

Residential property. Freestanding, window or wall signs may be permitted (except as prohibited elsewhere in this Code).

Large limited-duration signs. One large limited-duration sign, with a maximum area of 32 square feet, and maximum height of eight feet, is permitted per parcel, providing the parcel is greater than five acres in size and has at least 400 feet of street frontage.

Small limited-duration signs. One small limited-duration sign, having a maximum area of 16 square feet and maximum height of six feet, is permitted per parcel.

Illumination of any limited-duration sign is prohibited.

Installation and maintenance. No signs are allowed within the road right-of-way (ROW). All limited-duration signs must be installed such that they do not create a safety hazard. All such signs must be made of durable materials and shall be well maintained. Signs that are frayed, torn, broken or no longer legible will be deemed unmaintained and required to be removed.

Temporary signs.

Temporary signs, as defined in this section, located on private property, are exempt from standard permit requirements. Temporary signs that comply with this subsection shall not be included in the determination of the type, number, or area of signs allowed on a parcel. The requirements listed below shall apply to both commercial and noncommercial signs.

Size and number.

Nonresidential properties. Freestanding, window, wall and banner signs allowed (except as prohibited elsewhere in this Code).

Large temporary signs. One large temporary sign, having a maximum area of 32 square feet and maximum height of eight feet, is allowed per parcel on all nonresidential properties. A banner shall have a maximum area of 32 square feet and hang at a height no greater than 24 feet. If a parcel is greater than five acres in size and has at least 400 feet of street frontage, one additional large temporary sign is allowed, providing there is 200-foot minimum spacing between the two large temporary signs.

Small temporary signs. In addition to the large temporary sign(s) outlined above, one small temporary sign, having a maximum of 16 square feet and maximum height of six feet, is allowed per parcel on all nonresidential property. If a parcel is greater than five acres in size and has at least 400 feet of street frontage, one additional small temporary sign is allowed, providing there is 200-foot minimum spacing between small temporary signs.

Residential properties. Freestanding, wall, and window signs allowed (except as prohibited elsewhere in this Code).

Large temporary signs. One large temporary sign, having a maximum area of 32 square feet and a maximum height of eight feet, is allowed per residential parcel, provided that the parcel is greater than five acres in size and has at least 400 feet of street frontage. Banner signs are allowed having a maximum area of 32 square feet and hang at a height no greater than 24 feet.

Small temporary signs. One small temporary sign, having a maximum area of 16 square feet and maximum height of six feet, is allowed per residential parcel.

Duration and removal.

Temporary signs may be displayed up to a maximum of 30 consecutive days, two times per year, and must be removed at the end (conclusion) of the event.

The Town of Thompson or the property owner may confiscate signs installed in violation of this section.

Permission. The party posting the temporary sign is solely responsible for obtaining the permission of the property owner before posting their temporary sign.

Installation and maintenance.

Temporary signs are exempt from the standard permit requirements but the date the temporary sign is erected must be written in indelible ink on the lower right-hand corner of the sign.

No signs are allowed within the road right-of-way (ROW).

All temporary signs must be installed such that they do not create a safety hazard.

All temporary signs must be made of durable materials and shall be well maintained.

Temporary signs that are frayed, torn, broken or that are no longer legible will be deemed unmaintained and required to be removed.

Illumination of any temporary sign is prohibited.

Illumination.

Where permitted, signs shall be illuminated only by a steady, stationary (excepting for indicators, such as those of time and temperature) shielded light source directed solely at the sign, without causing glare for motorists, pedestrians or neighboring premises. The illumination shall not make the sign resemble traffic signals.

Commercial electronic variable message signs (CEVMS) have the ability to constantly convey different information to automobile drivers and others. Their brightness and temporal changes increase curiosity and potentially increase driver distraction; the brightness may create problems in visual dark adaptation for some drivers. These signs shall be regulated for public safety. Electronic message signs shall meet size and location criteria relevant for any other sign with the additional provisions as follows (Policy guidance Criteria for Regulating Off-Premises CEVMS in New York State, January 5, 2015);

Minimum duration of any message shall be eight seconds.

Transition time between messages shall be instantaneous.

If more than one CVEMS face is visible to the driver at the same time on either side of the highway, the signs must be spaced at least 2,500 feet apart on controlled-access highways, and at least 300 feet apart on other types of highways.

Maximum brightness of CEVMS shall be 5,000 candelas per square meter (cd/m²) in daytime, and 280 cd/m² at nighttime.

Nonconforming signs. Existing nonconforming signs may be repaired, but shall not be replaced, relocated or increased in size. Such signs shall be removed within a period of five years of the enactment of this section, the property owner being presumed to have had sufficient opportunity during such time period to amortize the value of any investment in the sign. However, any nonconforming sign connected with a change of use, abandoned for sign purposes as defined in this Code, damaged to the extent of 25% or more of the replacement cost value or illegally established, shall be immediately removed. In the event such a sign is not removed within 30 days after written notice has been given to the owner of the sign or lessee of the land upon which the sign is located, the governing body may institute appropriate civil or criminal actions to prevent the violation, abate the nuisance and assess the costs associated therewith to the violator by attachment to the real property tax bill for the parcel in question.

Sign maintenance.

No owner of any sign or lessee or owner of any land upon which the sign is located shall permit such sign to become unsafe, unsightly or in disrepair so as to endanger the public or to become a public nuisance as shall be determined by the Code Enforcement Officer. Also, any sign referencing a location, business operation, service or product which no longer exists or continues to offer service to the public shall be considered abandoned, and shall be removed within six months of such discontinuance, unless a waiver shall be granted by the Building Department.

In the event such a sign is not repaired or properly restored or removed within 30 days after written notice has been given to the owner of the sign or lessee of the land upon which the sign is located, the Town may institute appropriate civil or criminal actions to remedy the violation, abate the nuisance and assess the costs associated therewith to the violator by attachment to the real property tax bill for the parcel in question.

Sign variance. No variance with a respect to a sign shall be granted by the Zoning Board of Appeals without first obtaining the recommendation of the Building Department. However, if no recommendation is received from the Department within a reasonable amount of time of its receipt of a copy of the variance application, the Board may act without such recommendation.

Enforcement and remedies.

The provisions of this section shall be administered and enforced by the officers and employees of the Building Department as in the most current version of Chapter 250.

A permit application may be approved, approved with modifications or disapproved pursuant to any of the terms of Town Code § 250-30.

Repeal of previous standards. All previously adopted sign standards within the Code and the Schedule of District Regulations as attached are hereby repealed.

§ 250-31 Campgrounds.

Permits.

No campground shall be developed or operated without a permit as herein provided, and failure to obtain a permit shall constitute a violation of this Part 1.

Applications for campground permits shall be filed with the Planning Board for approval. Upon authorization of the Planning Board, the officers and employees of the Building Department shall, upon receipt of the proper fee, issue a campground permit.

The permit shall be valid for one year and shall be subject to such conditions and performance conditions as the Planning Board deems necessary for the particular case.

Any deviation from the application as originally approved by the Planning Board shall require a new application before the Planning Board and shall be in conformance with these regulations.

Applications for campground permits shall be in writing, signed by the applicant, and shall state:

The name and address of the applicant(s) and, if a corporation, the name and address of each officer, shareholder (if fewer than 10) and director;

The interest of the applicant in the property, if not the owner of record; and

The name and address of the property owner.

Annual fee.

The annual fee for a campground shall be as provided in the local law establishing fees.[1]

Editor's Note: See Ch. 66, Planning Board and Zoning Board of Appeals, Art. I, Fees.

There shall be no apportionment of the fee for a permit of less than 12 months' duration.

Requirements and standards.

Each campsite, including parking space, shall provide a minimum of 1,500 square feet of space per tent site and 2,500 square feet of space per camping trailer or recreational vehicle.

Consistent with these requirements, trees for the provision of shade should be disturbed as little as possible.

Fireplaces, if provided, shall be located in a safe and convenient location where they will not constitute a fire hazard to vegetation, undergrowth, trees and camping units.

An adequate supply of potable water shall be provided within 250 feet of all campsites. One water spigot capable of providing a minimum of 500 gallons of water per day at a minimum pressure of 20 pounds per square inch, with soakage pit or other disposal facilities, shall be provided for each 10 campsites without water facilities. Where spigots and sewer hookups are provided at each site, a minimum volume of 150 gallons of water per site per day at a minimum pressure of 20 pounds per square inch shall be provided.

Toilets and urinals shall be provided at one or more locations in every campground and shall be convenient of access. Separate toilet facilities shall be provided for males and females and shall be clearly marked. Each toilet shall be in a separate compartment and a door shall be provided for privacy. Toilets and urinals shall be maintained in clean condition.

Each campground shall have a minimum of three toilets for male persons and a minimum of three toilets for female persons. If there are over 20 campsites in a campground, there shall be one additional toilet for male persons and one additional toilet for female persons for every 10 campsites. Each male toilet facility provided shall contain at least one urinal. Up to 1/2 of the male toilets may be urinals. In no case shall toilets be located more than 300 feet from any campsite or 500 feet from sites with water and sewer hookups.

Lavatories or other handwashing facilities shall be provided at a ratio of one for each 15 sites and a minimum of two for each sex. Utility sinks shall be provided. The sink should be near the door, if located within a building, where it can be utilized for the disposal of dishwater brought in buckets.

At least one shower shall be provided for each sex.

Each toilet facility provided shall contain at least one water fountain.

Access to all toilet, utility and recreation facilities shall be so constructed as to accommodate the physically handicapped in accordance with the New York State Uniform Fire Prevention and Building Code.

§ 250-32 Outdoor sales.

Permits. Upon authorization by the appropriate body, the officers and employees of the Building Department, upon receipt of the proper fee as determined in § 250-58A of this Part 1, shall issue an outdoor sales permit.

No outdoor sales operation shall be conducted, nor shall any site preparations for outdoor sales be made, without a permit as herein provided, and failure to obtain a permit shall constitute a violation of this Part 1.

Applications. Applications for outdoor sales permits shall be filed as follows:

In the case of temporary activities, with the officers and employees of the Building Department.

In the case of seasonal or permanent activities, with the Planning Board.

Permits shall be valid for a period to be determined in each case, not to exceed one year, and shall be subject to such considerations and performance conditions deemed necessary for the particular case.

Any deviation from the application as originally approved shall require a new application, which shall be in conformance with these regulations.

Applications for outdoor sales permits shall be in writing, signed by the applicant, and shall state:

The name and address of the applicant(s) and, if a corporation, the name and address of each officer, shareholder (if fewer than 10) and director;

The interest of the applicant in the property if not the owner of record; and

The name and address of the property owner.

Each application shall be accompanied by a site plan indicating the following information:

Location of the area to be used showing the boundaries and measurements of the lot and the total extent of the area;

Names of owners of adjoining properties;

Location of all structures on the property and on adjacent properties within 150 feet of the property line;

Location of all vehicle access drives on the property and on adjacent properties;

Location of off-street parking areas and the number of cars that will be accommodated;

On-street parking that may result;

Location of any toilet facilities;

Location of solid waste disposal facilities;

Location of any fencing or screening;

Location of any entertainment activities, specifying types, equipment and area to be used; and

A site location map at a scale of 1:24,000.

Requirements and standards.

Each outdoor sales operation shall have access to and from public roads and parking facilities adequate for the expected level of usage and shall provide adequate access for police, fire, ambulance or other emergency vehicles.

Each outdoor sales operation shall maintain a sufficient number of waste receptacles of appropriate type to accommodate wastes resulting from the operation.

The site to be used for outdoor sales shall be of suitable grade and well-drained. If the area to be used is unpaved, the applicant shall be responsible for protecting adjacent properties from soil material that may be eroded from the site and transported by wind or stormwaters.

§ 250-33 Swimming pools.

Accessory to single-family dwellings. Swimming pools, whether permanent or portable, that are accessory to single-family dwellings shall be located not closer than 25 feet to any side or rear lot line and not closer to the front lot line than the main dwelling. These regulations shall not apply to portable pools that do not exceed two feet in height or six inches in depth.

[Amended 6-1-2004 by L.L. No. 3-2004]

Accessory to residential developments. Swimming pools accessory to residential developments, whether clustered single-family dwellings, seasonal dwellings, bungalow colonies, camps or multiple-family dwellings, shall be of permanent construction and shall be located not closer than 50 feet to any lot line and not closer than 50 feet to any dwelling unit.

Nonresidential. Swimming pools that are part of nonresidential uses, whether commercial or noncommercial, such as hotels, motels, clubs, campgrounds, day-use recreational facilities or institutions, shall be of permanent construction and shall be located not closer than 100 feet to any lot line.

Fencing or barrier. All outdoor swimming pools shall be surrounded by a barrier as required by the International Building Code. All such swimming pools must remain empty of water until the barrier has been completed and approved by the officers and employees of the Building Department as meeting the foregoing requirements. All enclosures shall be maintained in good condition at all times and shall not be allowed to deteriorate structurally or aesthetically.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 250-34 Bungalow colonies.

Conversions for summertime use. Existing bungalow colonies may be converted to use as seasonal dwellings in cooperative or condominium ownership by special permit from the Planning Board, provided that the following standards are met:

The buildings may not be made suitable for winter use;

Adequate vehicular access must be provided to each dwelling unit and to all facilities;

Each building must meet the pertinent standards of the New York State Uniform Fire Prevention and Building Code; and

Each building shall be served by central water and sewer facilities approved by the appropriate state agency or agencies.

Conversions for year-round use. Existing bungalow colonies or individual bungalows may be converted to year-round dwelling units by special permit from the Planning Board, provided that the following standards are met:

The development or individual lot must meet the standards of the SR District;

Each building shall comply in all respects with the pertinent requirements of the New York State Uniform Fire Prevention and Building Code; and

Each dwelling unit or other building shall be served by central water and sewer facilities approved by the appropriate state agency or agencies for year-round use.

Procedure. Conversion of a bungalow or bungalow colony to a different type of ownership or use or to year-round use shall be subject to a special permit and site plan review by the Planning Board as outlined in Article IX and to Chapter 255, Subdivision of Land, if applicable.

Standards. In connection with such site plan review, the Planning Board shall consider the architectural design of the proposed project, including the materials of which the bungalows are to be constructed, their color and their placement relative to public view. In order to maintain the visual quality of the district in which it is located, a bungalow colony shall:

Not be planned with parking in the required yard areas, but shall be in conformance with § 250-22.

[Amended 6-20-2006 by L.L. No. 5-2006]

Not have roofs with a pitch of less than one foot vertical to four feet horizontal;

Not contain units with a length greater than four times the width;

Use materials and finishes that are harmonious throughout the project; and

Be planned and landscaped so as to avoid an appearance of repetitive uniformity or monotony.

All bungalows, including any expansions to existing bungalows, shall be separated from adjoining bungalows by a distance of a minimum of 25 feet.

[Added 6-20-2006 by L.L. No. 5-2006]

Refuse shall be stored in compactors sized appropriately for the number of dwelling units in the bungalow colonies. The compactor shall be enclosed on all four sides in an architecturally designed structure found acceptable to the Planning Board. All refuse enclosures shall be installed complete with a gate for access and removal. The gate shall be located such that it shall not front on the adjoining street.

[Added 6-20-2006 by L.L. No. 5-2006]

All bungalows shall be constructed on a full foundation or slab designed for year-round occupancy. Additions to existing bungalows shall require a full foundation with all existing piers/columns or other type of structural supports being modified, redesigned and reconstructed below the frost line. All existing bungalow structures to be expanded shall be modified to include a masonry curtain wall around the existing building with a foundation constructed on a footing below the frost line or haunch slab in accordance with the New York State Building Code. The masonry skirting shall be architecturally designed and detailed to attach to the exterior building walls and/or sill plate for weatherproofing and vermin control.

[Added 6-20-2006 by L.L. No. 5-2006]

Expansions to existing bungalow colonies. Expansions to existing bungalows within existing bungalow colonies shall be permitted in accordance with the scheduled district regulations. Planning Board approval will not be required for expansions of an existing bungalow when the expansion does not exceed 15% of the first floor of the bungalow or 200 square feet, whichever is greater. Such an expansion shall be granted one time only by the Town of Thompson Building Department and shall be noted on the colony's site plan, and is per building, rather than per unit.

[Added 6-20-2006 by L.L. No. 5-2006; amended 2-5-2013 by L.L. No. 2-2013]

§ 250-35 Junkyards and salvage yards.

Permits.

No junkyard or salvage yard may be operated without a permit obtained as herein provided, and failure to have such a permit shall constitute a violation of this Part 1.

Junkyards and salvage yards shall be allowed only by authorization of the Planning Board in accordance with Article IX.

Applications for junkyards or salvage yards shall be filed with the Planning Board. Upon authorization by the Planning Board, the officers and employees of the Building Department shall, upon receipt of the proper fee as determined in § 250-58A of this Part 1, issue a permit for operating a junkyard or salvage yard.

[Amended 10-21-2003 by L.L. No. 7-2003]

Any deviation from the application as originally approved by the Planning Board shall require a new application before the Planning Board and shall be in conformance with these regulations.

Applications for permits for junkyards or salvage yards shall be in writing, signed by the applicant, and shall state:

The name and address of the applicant(s) and, if a corporation, the name and address of each officer, shareholder (if fewer than 10) and director;

The interest of the applicant in the property if not the owner of record; and

The name and address of the property owner.

Each application shall be accompanied by a site plan prepared in accordance with § 250-50.

Permits shall not be transferable or assignable.

In the application the applicant shall agree that, if granted the permit applied for, he will conduct the operation pursuant to the regulations hereinafter set forth and that, upon his failure to do so, such permit may be revoked forthwith.

Annual fee.

The annual fee for a junkyard or salvage yard permit shall be as provided by the local law establishing fees.[1]

Editor's Note: See Ch. 66, Planning Board and Zoning Board of Appeals, Art. I, Fees.

There shall be no apportionment of the fee for a permit of less than 12 months' duration.

Requirements and standards.

The permittee shall personally manage or be responsible for the management of the junkyard or salvage yard.

The permittee shall maintain an office and a sufficient number of employees on the premises to assure the proper and safe conduct of such activity or business, to minimize the hazards from fire, leakage, seepage or bodily injury therefrom, and to prevent trespass thereon by children and others.

The permittee must erect and maintain a solid opaque fence, at least six feet in height, of metal or wood, sufficient to screen any view of the operation from adjacent properties or public roads and to secure the property against the entrance of children or others into the area of the operation. All materials related to the operation shall be kept within such fence at all times. If abutting a public road, such fence shall be located at least 25 feet from the street line thereof.

Inside and adjacent to and contiguous with such fence, a strip of land at least 10 feet in width shall be kept free of all dry grass or other vegetation or combustible material so as to provide a fire lane around the entire operation.

The autos, parts and materials involved in the operation shall be disassembled or dismantled by means other than by burning. They shall be piled or arranged in neat rows so as to permit easy passage and clear visibility through the area.

The operation shall be supervised by the permittee or his employee during business hours. At all other times the premises shall be locked at a secure gate in the fence and in a secure manner.

There shall be maintained at each operation for which a permit is issued at least one fire extinguisher of approved design and capacity for each 40,000 square feet of area. Each such fire extinguisher shall be hung or mounted in a conspicuous place and shall be clearly marked and available for use.

Suitable sanitary facilities shall be available, connected to approved public sewers or on-site sewage treatment facilities, for the use and convenience of the employees of the permittee as well as the general public visiting the area.

The burning of any waste material is prohibited.

No material may be stored or kept in a junkyard or salvage yard that is flammable, combustible, explosive, reactive, corrosive or toxic to humans as defined and quantified in United States Environmental Protection Agency regulations under 40 CFR 116.

Regulations applicable to junkyards or salvage yards established prior to the effective date of this Part 1.

These regulations shall apply to all junkyards or salvage yards in operation prior to the effective date of this Part 1.

The owner or operator of any such junkyard or salvage yard shall have 30 days to make an application for a junkyard or salvage yard under the provisions of this Part 1.

Within one year of such application, said existing junkyard or salvage yard shall conform to the requirements of this Part 1.

The Planning Board, in such cases, may vary the strict interpretation of these regulations in keeping with the procedures stated in Article IX of this Part 1.

Expansion of an existing junkyard or salvage yard after the effective date of this Part 1 shall be made only in accordance with these regulations.

§ 250-36 Cage-type poultry raising.

No ventilating apparatus shall discharge from any side of a poultry house facing a public road.

The minimum setback from any side or rear lot line for any poultry house wall containing ventilating apparatus shall be increased by 100 feet.

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 provided by the district in which located.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Each poultry house site shall provide a minimum of three months' capacity for the storage of poultry manure. The construction of such storage areas shall conform to the standards recommended by the Cornell University School of Agriculture for such use.

The removal of poultry manure from a poultry house site or storage area shall be by a vehicle providing a sealed storage container.

The spreading and transportation of poultry manure shall be subject to site plan review by the Planning Board, which may seek recommendations from the Conservation Advisory Council and other agencies that may be able to provide pertinent advice or standards. The disposal of poultry manure shall not be permitted until the Planning Board has determined that:

There will be no deleterious effluent that would enter any lake, stream, wetland, natural watercourse, other water impoundment or aquifer; and

§ 250-37 Motor vehicle service stations.

There will be no degradation of the atmosphere due to offensive odors.

No access drive shall be within 10 feet of any property line.

All parts and supplies, dismantled vehicles, debris and major repair work areas shall be located within a building enclosed on all sides.

No motor vehicle service station shall be within 1,500 feet of another motor vehicle service station, except that the Planning Board may, after consideration of traffic flow, determine that a location on the opposite side of the street from an existing motor vehicle service station would be advantageous for public safety and traffic movement.

A motor vehicle service station may provide up to eight vehicles, including automobiles or vans, for hire. Such vehicles may be parked outside of the building and shall be properly licensed and in good running condition at all times.

§ 250-38 Quarrying and removal of sand and gravel.

[Amended 4-26-1988 by L.L. No. 2-1988]

Mining plan.

All quarry, sand and gravel and processing operations shall operate with the minimum possible disturbance of the environment. To this end, a mining plan shall be submitted for approval to the Planning Board, in accordance with the procedures outlined in Article IX, which mining plan shall indicate:

All areas to be mined.

The phasing and duration of mining in each area to be mined.

The existing and final site contours.

All fixed equipment to be installed, all stockpile areas, all vehicular storage and maintenance areas.

The scheduled hours of operation and blasting.

Drainage of the mine site and diversions of drainage from adjacent areas.

All access and haul roads.

All measures to be used to control environmental impacts, including but not limited to dust, increased runoff, silt-laden runoff, noise, flying rocks, truck movements, spillage on local roads and visual degradation.

The Planning Board shall not approve use of a site for extractive industry until the applicant has demonstrated that the use will not have an adverse, long-term effect on the environment or an adverse effect on the character of the neighborhood and that the use can be conducted on the site so as to control any potential adverse impacts.

The expansion of any existing quarry or sand and gravel operation into an area not actively mined at the time of enactment of this Part 1 shall be considered a new use and not a preexisting use and shall conform to all requirements of this Part 1.

All quarry or sand and gravel operations shall be treated as Type 1 actions under the State Environmental Quality Review Act.[1]

Editor's Note: See § 8-0101 of the Environmental Conservation Law.

Each phase of a mining plan shall be submitted to the Planning Board for approval at least 90 days prior to the anticipated commencement of site preparations for mining. The Planning Board shall review each phase in light of the prior phases and the subsequent phases planned, taking into account any changes in the overall mining plan, and shall establish appropriate conditions for the operation in such phase, which may include a performance bond to cover reclamation of the site and evidence of insurance sufficient to cover adjacent properties against damage, nuisance or environmental degradation resulting from the operation.

The Planning Board may require an annual review of the operation to evaluate the effectiveness of any conditions of its approval and the applicant's compliance with these conditions.

Setback of operation.

No part of any quarry operation shall be within 200 feet of any district boundary or public road or within 100 feet of property within the district in separate ownership.

No processing equipment or stockpile area shall be within 400 feet of any residential district.

All parts of a quarry operation shall be screened from any adjacent use, including postmining uses, by evergreen plantings within the required setback area. Where adjacent parcels are vacant, seedling trees may be used to establish screening. Where adjacent parcels are developed within 200 feet of the property line, screen plantings shall be at least six feet high at the time of installation.

No excavation shall occur within 100 feet of any existing stream or watercourse or of any lake or pond that is not entirely within the parcel for which Planning Board approval is sought.

Environmental protection.

All powered equipment shall be furnished with suitable dust-elimination and noise-control devices, as required to meet the applicable standards in § 250-23 of this Part 1.

Runoff and pit drainage from all active areas of the operation shall be retained in a siltation basin and shall not be discharged into any stream or watercourse having less turbidity than such retained runoff.

Any process water discharge or sediment basin discharge shall conform to all applicable standards and procedures of any agency having jurisdiction over such discharge.

Any pit or active operation within or adjacent to a floodplain shall be protected against inundation by floodwaters.

Any existing stream or drainage course and any existing pond, lake, protected wetland or nonprotected wetland that is not entirely within the parcel for which Planning Board approval is sought and that lies within or adjacent to the site of a quarry or sand and gravel operation or any processing or stockpile area shall be protected against any activities that would degrade the water quality or damage associated habitats of fish and wildlife. Adequate setback areas for all activities, including appropriate vegetative cover, as determined by the Planning Board, shall be maintained. The applicant shall demonstrate that water quality standards, as determined by the Department of Environmental Conservation, will be maintained in any such water body and in downstream watercourses having a higher classification.

Any active pit or high wall shall be screened from view from public roads during all seasons of the year. Within visually sensitive areas, an analysis of visual exposure and proposed controls shall be conducted.

Any truck entrance onto a public street or highway shall have a minimum sight distance of 400 feet in each direction and shall be designed to cause no interference between truck movements and the normal traffic flow. Truck entrances shall not be located in proximity to residences or commercial establishments.

Fencing and security. The active area of any quarry or sand and gravel operation shall be secured at all times to protect any persons or animals, such as hunters, snowmobilers, children or pets, that may wander into the area or attempt unauthorized use of the property. The following minimum standards shall apply:

All pits and working areas shall be enclosed by fencing suitable to prevent access by any persons not engaged in the active operation.

All road entrances to the active area of the operation shall be secured with a locked gate to prevent entry by any unauthorized individuals during all hours that the operation is not in progress.

During the scheduled hours of operation, any unlocked entry gates shall be controlled by a security guard employed by the operator.

Reclamation.

All quarry and sand and gravel operations shall restore disturbed areas of their sites in conformity with a reclamation plan to be approved by the Planning Board at the time of site plan approval.

The reclamation plan shall indicate the postmining use, site grading and drainage, screening and other plantings, accessways suitable for such use and any on-site utility systems that may be required.

Grading and drainage should maintain continuity with undisturbed areas of the property and with adjacent properties.

Where the area to be reclaimed contains or is adjacent to resources suitable for public recreational use, such as rivers, lakes or wetlands, the reclamation plan shall provide for public access to and use of the resources, if feasible, including parking and screening.

Prior to approving a reclamation plan for a proposed operation, an applicant shall submit a reclamation plan for any abandoned or unreclaimed pit or area on the site, such plan to contain all of the information required in Subsection E(1) through (4) of this section.

Prior to site plan approval, the applicant shall file with the Town Board a performance bond to ensure the proper completion of all reclamation shown on the approved reclamation plan. The amount and period of said bond shall be determined by the Town Board upon the recommendation of the Planning Board, and the form, sufficiency, manner of execution and surety shall be approved by the Town Attorney and the Town Board.

Postmining use.

The postmining use shall conform to the use regulations and bulk regulations of the CI District or such other use as the Planning Board may approve.

The actual postmining use shall be subject to subdivision approval and site plan review by the Planning Board, in accordance with Article IX of this Part 1, at the time it is proposed for development.

§ 250-40 Business, industrial and commercial uses.

An application for a postmining use shall be accompanied by a petition to rezone the site from E to CI or to another district appropriate to the specific postmining use proposed.

§ 250-39 Outdoor storage.

Outdoor storage of building supplies, raw materials, finished products or machinery and equipment must be screened by an opaque sight barrier at least eight feet in height. In no case shall materials be stored so as to exceed the height of the sight barrier.

No material may be stored in such a storage facility that is flammable, combustible, explosive, reactive, corrosive or toxic to humans, as defined and quantified in United States Environmental Protection Agency regulations under 40 CFR 116.

[Added 5-20-1986 by L.L. No. 1-1986]

Nonresidential uses shall be screened from adjacent residential uses by suitable vegetation. If suitable vegetation is not existing, plantings to be installed shall be at least six feet in height and spaced no more than six feet on center.

If the nonresidential use is proposed adjacent to undeveloped land within a residential district, a screening or planting strip of at least 15 feet in width shall be maintained, although additional plant material need not be installed. The property owner shall permit the future developer of the adjacent residential land to install screen plantings within the planting strip, and such plantings shall be maintained by the property owner.

The Planning Board shall consider potential problems of commercial strip development, including traffic, access to properties, lighting, signing and screening. If necessary, the Planning Board shall undertake such special studies as may be required to control any problems, or the Board may direct an applicant to furnish such studies.

Bus station. The maximum lot area shall be 60,000 square feet and the maximum building coverage shall be 15%. The applicant shall be required to submit a report by a certified traffic expert to the Planning Board certifying the adequacy of on-site circulation and parking and the appropriateness of vehicular entries and exits to maximize sight distances and minimize interference with through traffic.

[Added 4-6-2010 by L.L. No. 3-2010]

Green infrastructure and low-impact development.

[Added 1-5-2021 by L.L. No. 1-2021]

Business, industrial and commercial uses are encouraged to incorporate green infrastructure and low-impact development principles into their site plans to reduce stormwater flow and mitigate potential environmental impacts. Such measures include but are not limited to the following:

Green roofs and walls.

Geothermal heating and/or cooling.

Solar photovoltaic panels to supply on-site electrical power.

Bioswales, rain gardens, and stormwater planters for stormwater treatment.

Parking areas constructed with permeable pavers or porous asphalt to reduce stormwater runoff.