Town of Saugerties, NY Article IV Use Regulations

§ 245-10 Schedule of district use regulations.

The attached Schedule of District Use Regulations is hereby incorporated into and made part of these zoning regulations and shall be referred to as the "Use Schedule."[1] No structure or land shall be used except as provided in the use schedule. Uses which are not permitted are prohibited, unless specifically stated elsewhere by this chapter.

[1] Editor's Note: The Schedule of District Use Regulations is included at the end of this chapter.

§ 245-11 Standards for certain uses requiring special use permits.

A. Automobile dealerships and gasoline service stations in the Gateway Overlay District.

(1) In the Gateway Overlay District, no automobile dealership shall be located on a site, lot, or parcel within 1,200 feet of any other site, lot, or parcel occupied by another automobile dealership, with such distance measured along and/or across one or more public highway rights-of-way.

(2) In the Gateway Overlay District, no gasoline service station shall be located on a site, lot, or parcel within 1,200 feet of any other site, lot, or parcel occupied by another gasoline service station, with such distance measured along and/or across one or more public highway rights-of-way.

B. Gasoline service stations. In any district where permitted, an automotive service or gasoline- and/or diesel-fuel-filling station shall be subject to the following:

(1) No fuel pump shall be located closer than 20 feet from any side lot line nor closer than 35 feet from any street line, as measured from the outside edge of the fuel island.

(2) Entrance and exit driveways shall not be less than 15 feet and not more 30 feet in width and shall be laid out so as to avoid the necessity of any vehicle backing out onto any street.

(3) No entrance or exit driveway shall be within 200 feet of and on the same side of the street as an elementary school, library, hospital, church or other place of worship, fire station, park, playground or other public gathering place, unless a street of 50 feet or more in right-of-way or parcel width separates such uses from such a service or filling station.

C. Animal specialties, veterinary and animal services. No fenced enclosure, pen, run or similar unenclosed area for animals shall be located within 50 feet of any property line.

D. Mining and quarrying of nonmetallic and nonfuel minerals. No mining activities shall take place in any lands located within a Sensitive Area Overlay District.

E. Country general stores, convenience stores, antique shops, and bait and tackle shops.

(1) The gross floor area of all buildings shall not exceed 2,500 square feet.

(2) A landscaped buffer of at least 20 feet in width shall be provided adjoining all property and street lines.

(3) The facility shall only operate between the hours of 6:00 a.m. and 10:00 p.m.

F. Junkyards. Junkyards shall comply with all standards and requirements set forth in § 136 of General Municipal Law.

G. Eating and drinking places, resorts, bed-and-breakfasts, and inns.

[Amended 7-13-2022 by L.L. No. 3-2022]

(1) Outdoor lighting, except that necessary for security purposes, shall be extinguished by 11:00 p.m. or completely shielded from the view of adjacent properties.

(2) Outdoor loudspeakers or sound systems shall only be used between the hours of 8:00 a.m. and 10:00 p.m.

(3) A landscaped buffer at least 40 feet in width shall be provided adjacent to all property lines except the street line, where such buffer shall be 20 feet. This requirement shall not apply to bed-and-breakfast inns.

H. Cemeteries and crematories.

(1) No burial or memorial plots or buildings shall be located closer than 50 feet to any residential lot line, except that when a dense evergreen hedge or a wall or landscaped strip of at least six feet in height providing complete visual screening from all adjacent residential property is provided burial or memorial plots less than six feet in height may be located no closer than 20 feet from any residential lot line.

(2) Crematories for human remains shall be located only in cemeteries.

(3) Crematories for animal remains shall be subject to the following:

(a) The facility must be owned and operated as an accessory use by a licensed veterinarian practicing in the Town of Saugerties.

(b) The facility shall only be used to treat the remains of domestic animals owned by residents of the Town of Saugerties.

I. Lodges (maximum 50 units), camps and recreational vehicle parks. In reviewing special use permit applications for lodges (maximum 50 units), camps and recreational vehicle parks, the Planning Board shall consider the following:

(1) Facilities shall not be located closer than 50 feet to any residential lot line,

(2) Adequacy of parcel size so as not to induce overcrowding,

(3) The extent to which noise or light interferes with the use and enjoyment of surrounding properties and appropriate hours of operation to limit such impacts.

J. Pleasure and houseboat rentals, lifeguard services, privately operated fishing piers. These facilities shall be located on waterfront property only and shall have access to county or state roads.

K. Amusement and recreation services, not elsewhere classified but not including pleasure and houseboat rental, lifeguard services, privately operated fishing piers, ski areas and skating rinks. These facilities shall have access to county or state roads.

L. Boat and yacht clubs. These facilities shall be located only on properties with waterfront access.

M. Country clubs, golf clubs and public golf courses. The Planning Board shall require water and well yield studies to determine whether there are any impacts to area wells.

N. Building construction - general contractors and operative builders, construction other than building construction - general contractors, and construction - special trade contractors. These facilities shall be substantially buffered and/or screened to limit their visibility from roads and adjoining residential properties.

O. Mobile home park. All special use permit applications for mobile home parks shall comply with the Town of Saugerties Trailer Law of 1986.[1]

[1] Editor's Note: See Ch. 163, Mobile Homes and Mobile Home Parks.

P. Commercial telecommunications facilities.

(1) No commercial telecommunications facility (CTF) shall hereafter be used, erected, moved, reconstructed, changed or altered nor shall any existing structure be modified to serve as a commercial telecommunications facility unless in conformity with the standards, regulations and procedures set forth below.

(2) Purpose.

(a) Preserve the character and appearance of the Town while simultaneously allowing adequate commercial telecommunications services to be developed, and provide a sufficient number of locations to accommodate the needs of telecommunications service providers;

(b) Protect the scenic, historic, environmental, and natural or man-made resources of the community;

(c) Provide standards and requirements for regulation, placement, construction, monitoring, design, modification, and removal of commercial telecommunications facilities;

(d) Establish a systematic review process that ensures action within a reasonable period of time for requests for authorization to place, construct, operate, or modify commercial telecommunications facilities;

(e) Preserve property values;

(f) Minimize the total number and height of facilities throughout the community while providing adequate coverage for the Town of Saugerties;

(g) Locate CTFs so that they do not have negative impacts, such as, but not limited to, attractive nuisance, noise and falling objects, on the general safety, welfare, and quality of life of the community;

(h) Require owners or sponsors of CTFs to configure them so as to minimize and mitigate the adverse visual impact of the facilities; and

(i) Provide opportunities for the location of emergency service telecommunications systems on commercial facilities and to encourage commercial facilities to expedite such co-location.

(3) Application for a special use permit required.

(a) An applicant shall be required to submit an application for a special use permit in accordance with the requirements of § 245-34 of this chapter.

(b) All special use permit applications require site plan review. In addition to the data required in §§ 245-33 and 245-34, applications for CTFs shall be accompanied by the supporting documentation set forth in Subsection P(7) below.

(c) The cost of any reviews by outside experts deemed necessary by the Planning Board to fulfill any of its responsibilities hereunder shall be at the applicant's expense. Such experts may include but not be limited to civil engineers, professional planners, attorneys and radio frequency engineers.

(4) Design standards.

(a) Policies. The standards set forth below are intended to implement the following policies regarding location and design of CTFs:

[1] The visibility of a facility shall be limited to the absolute minimum necessary to provide adequate service.

[2] Visibility shall be kept to a minimum by use of a combination of appropriate techniques, including height limits, color and texture of material, camouflage or "stealth" design, size, scale and shape of equipment.

[3] Limited visibility is most important when a CTF is located within or visible from significant viewsheds, open spaces or historic sites.

[4] Co-location of facilities is preferred to new facilities only when such co-location does not increase the height or visibility of the CTF.

[5] Several small facilities which have minimal visibility are preferred to one facility which has significant visibility.

[6] Type 4 or 5 facilities, as described in Subsection P(4)(b) below, shall only be approved if the applicant can demonstrate that adequate service cannot be provided by use of Type 1, 2 or 3 facilities.

(b) Priority of facility types. In accord with the policies set forth in Subsection P(4)(a) above, the Town of Saugerties shall give preference to the location and design of CTFs in the following descending order:

	Type 1: Facilities that are incorporated into the design of new or existing structures such as church steeples, farm silos, flag poles, light poles, water towers, etc., in such a way that the commercial telecommunications facility is indistinguishable from the structure itself.
	Type 2: Facilities that are attached to or mounted on existing tall structures but do not increase the height of such structure by more than 10 feet or facilities which simulate a tree or other natural feature.
	Type 3: Facilities that are co-located on existing commercial telecommunications towers that have previously been approved under this section.
	Type 4: New commercial telecommunications towers located on the same site as a similar tower previously approved under this section.
	Type 5: New commercial telecommunications towers on new sites.

(c) Detailed design standards.

[1] Type 2 facilities located on existing utility poles or similar structures shall be of a size, color and profile to minimize visibility.

[2] Type 3 facilities (co-located) shall be designed so that the height of the tower is not increased and the existing design elements are maintained.

[3] Type 3, 4 and 5 facilities shall be subject to the following standards:

[a] The facility shall not be sited in an open field, meadow or similar unwooded area.

[b] The height of any new tower shall be below that which would require the need for artificial lighting.

[c] No facility shall be silhouetted against the sky as seen from any viewpoint located 1,000 feet or more from the base of the facility.

[d] Unless specifically required by other regulations, all facilities shall have a neutral, earth-tone or similar painted finish that will minimize the degree of visual impact that a new facility may have.

[e] Alternate designs shall be considered for new towers, including lattice and single-pole structures and facilities that simulate natural features or indigenous structures (steeples, silos, etc.).

[4] Antennas should be designed with a minimum of protruding elements and shall be as close to the supporting building, pole or tower as possible.

[5] Equipment shelters and similar accessory structures shall be of the minimum size necessary and shall either be concealed in existing structures or utilize materials, colors, shapes and textures that blend with the immediate surroundings or be buried underground.

[6] No new antenna or ground equipment shall be placed on any existing facility or at any existing facility site which is nonconforming with respect to the height or setback standards set forth herein.

[7] Except as required by law, no tower, antenna or ground equipment shall be lighted in such a way that the light source or any illumination is visible beyond the boundaries of the property.

[8] The Planning Board shall require a review by a qualified structural engineer or other expert of the height and structural design of any new tower.

[9] All proposed Type 4 or 5 commercial telecommunications towers and accessory structures shall be set back from abutting residential parcels, public property or street lines a distance sufficient to contain on site substantially all ice-fall or debris from tower failure and preserve the privacy of adjoining residential properties.

[a] All tower bases must be located at a minimum setback of 1.5 times the tower height from any property line. However, no facility shall be located within 1,500 feet of a district or structure listed or eligible for listing on the National or State Register of Historic Places.

[b] Accessory structures and repeaters must comply with the minimum setback requirements in the underlying district.

(5) Site planning standards.

(a) Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding eight inches in diameter (measured at a height of four feet off the ground) shall take place prior to approval of the special use permit. Clear-cutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited.

(b) Screening. Deciduous or evergreen tree plantings shall be required where deemed necessary to screen portions of the facility and accessory structures from nearby residential properties as well as from public sites known to include important views or vistas. Where the site abuts residential or public property, including streets, the following vegetative screening shall be required: For all towers, at least one row of native evergreen shrubs or trees capable of forming a continuous hedge at least 10 feet in height within two years of planting shall be provided to effectively screen the tower base and accessory facilities. In the case of poor soil conditions, planting may be required on soil berms to assure plant survival. Plant height in these cases shall include the height of any berm.

(c) Access. Adequate emergency and service access shall be provided. Maximum use of existing roads, public or private, shall be made. Road construction shall at all times minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. Straight roads perpendicular to the prevailing grade shall be avoided to the maximum extent possible.

(d) Parking. No parking space shall be located in any required setback.

(e) Fencing. Sites of proposed new towers and sites where modifications to existing towers are proposed shall be adequately enclosed by a fence, unless the applicant demonstrates to the Planning Board that such measures are unnecessary to ensure the security of the facility. The applicant shall be wholly responsible for ensuring that the telecommunications facility site and all structures situate thereon are safe and secure for all purposes, uses and activities.

(6) Location and co-location of CTFs.

(a) Location. CTFs shall only be located, upon issuance of a special use permit, in accord with the following standards:

[1] CTFs which qualify as preferred facility Types 1 or 2, as defined in Subsection P(4)(b) above, are allowed by special use permit at any location in Town.

[2] CTFs which qualify as Types 3, 4, or 5, as defined in Subsection P(4)(b) above, shall be permitted only in the I and OLI Districts.

(b) Type 3, shared use of existing facilities. At all times, shared use of existing facilities shall be preferred to the construction of new facilities, provided any additional equipment does not increase the height or visibility of the existing facility. An applicant shall be required to present an adequate report inventorying existing facilities and other facilities within reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities as an alternative to a proposed new tower.

[1] An applicant proposing to share use of an existing tower shall be required to document intent from an existing tower owner to allow shared use.

[2] The Planning Board may consider a new commercial telecommunications tower where the applicant demonstrates that shared usage of an existing tower is impractical. The applicant shall be required to submit a report demonstrating good faith efforts to secure shared use from existing facilities as well as documentation of the physical and/or financial reasons why shared usage is not practical. Written requests and response for shared use shall be provided.

(c) Type 4, shared usage of site with new tower. Where shared usage of an existing tower is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Subsection P(6)(b) above.

(d) Type 5, new tower at a new location. The Planning Board may consider a new commercial telecommunications tower on a site not previously developed with an existing tower when the applicant demonstrates that shared usage of an existing tower site is impractical and submits a report as described in Subsection P(6)(b) above.

(e) Future shared usage of new facilities. The applicant shall design any proposed new commercial telecommunications tower to accommodate future demand for new facilities and shall provide written commitment to allow such future co-location of facilities for other CTF service providers. The scope of this analysis shall be determined by the Planning Board. This requirement may be waived only if the applicant demonstrates that provisions of future shared usage of the facility are not feasible and an unnecessary burden, based upon:

[1] The number of Federal Communications Commission (FCC) licenses foreseeably available for the area;

[2] The kind of tower site and structure proposed;

[3] The number of existing and potential licenses without tower spaces;

[4] Available spaces on existing and approved facilities; and

[5] Potential adverse visual impact by a tower designed for shared usage.

(7) Supporting documentation. In addition to the application for a special use permit, the applicant shall also submit the following:

(a) Visual impact report. For any facility Type 3, 4 or 5, as described in Subsection P(4)(b) above, a "zone of visibility" map showing all land area within five miles of the proposed facility from which the proposed facility will be visible. In addition, a brightly colored balloon with a five-foot diameter shall be suspended at the maximum height of the proposed facility for at least four hours at a time and date specified by the Planning Board. The applicant shall place an advertisement announcing such test in the Town's official paper at least seven and no more than 10 days prior to the test.

(b) Visual impact assessment. Based on the results of the zone of visibility map and balloon test, the Planning Board may require submission of additional data, including, but not limited to, a visual simulation of the proposed facility from specific viewpoints. Construction of a new tower or modification of an existing tower shall be subject to the relevant guidelines and criteria below that are determined by the Planning Board at the presubmission conference to be appropriate:

[1] Assessment of "before and after" views from key viewpoints both inside and outside of the Town, including state highways and other major roads, state and local parks, and other public lands from any privately owned preserves and historic sites normally open to the public and from any other location where the site is visible to a large number of visitors or travelers. In its review of the visual impact assessment, the Planning Board shall consider, among other impacts, the visibility of the facility above nearby ridgelines, its height in relation to the tree crown in the surrounding area, its color and materials in relation to those of nearby structures and other factors which contribute to or detract from the harmony of the visual environment. A photo simulation to evaluate such impacts may be required.

[2] Assessment of alternative tower designs and color schemes.

[3] Assessment of the visual impact of the tower base, guy wires, accessory buildings and overhead utility lines from abutting properties and streets.

(c) Site selection report.

[1] Inventory of existing sites. The site selection report shall include an inventory of existing wireless telecommunications facilities, towers, and antenna sites within a reasonable distance (at least two miles in all directions) from the proposed site, outlining opportunities for shared use as an alternative to the proposed site. The applicant must demonstrate that the proposed tower, facility or antenna cannot be accommodated on an existing tower, building or structure. The documentation of existing sites shall include, but not be limited to, location (address and latitude and longitude), ground elevation, type of structure, antenna height, type of service, and name of owner or service provider.

[2] Siting criteria. A description of the siting criteria and the process by which other possibilities were considered and eliminated, including but not limited to real estate search areas, accessibility to roads and utilities, distances and bearings to other system sites, acceptable radio signal levels and radio coverage areas, and/or microwave interconnection path requirements. The applicant shall support this statement with the submission of a study comparing all potential host sites within an approximate two-mile radius of the subject site. This study should include a description of the surrounding sites and a discussion of the ability or inability to host a facility.

[3] Radio coverage analysis. Radio coverage maps and/or overlays shall be provided that show the existing service coverage in the vicinity of the proposed site and the predicted service coverage from the proposed site at the requested antenna height. These maps shall demonstrate how the proposed facility works with existing facilities in the area to fill coverage gaps and/or holes in service. Measured data or "drive testing" results may be requested to demonstrate the accuracy of computer-generated simulations of radio coverage.

[4] Radio frequency effect. Federal law currently provides that local municipal regulation of cellular communication and PCS towers based upon the environmental effect of radio-frequency emissions is preempted and prohibited as long as those emissions comply with FCC standards. The applicant shall provide sufficient evidence that the telecommunications facility will comply with Federal Communications Commission (FCC) radio frequency emission standards (FCC OET Bulletin 65).

(d) Build-out plan. With any carrier's first application for a commercial telecommunications facility following the date of passage of this chapter, a build-out plan shall be submitted which depicts the general location, height and design of all other facilities which are deemed necessary within the Town to accomplish the applicant's coverage objectives and capacity requirements. Such build-out plan shall be based on the height, location and output of the initial proposed facility and shall include predicted coverage propagation plots indicating the signal level depicted, showing all existing and future facilities within the Town and within a five-mile radius of the Town's boundaries. The build-out plan shall include a narrative which explains the basis for selecting or eliminating sites.

(e) Alternative build-out plans. If the applicant is proposing a Type 3, 4 or 5 facility, as defined in Subsection P(4)(b) above, the build-out plan described above shall be accompanied by an alternative plan(s) utilizing a combination of Type 1 or 2 facilities or an analysis demonstrating that such an alternative is not feasible.

(8) Maintenance and removal of facilities.

(a) Maintenance and/or performance bond. The Planning Board shall require the applicant and/or owner to post and file with the Town Clerk of the Town of Saugerties, prior to approval of any application and/or license, a maintenance and/or performance bond in an amount sufficient to cover the cost of installation, maintenance and/or construction of said facility during its lifetime, including all screening, landscaping and accessory structures. The amount required shall be determined in the sole discretion of the Planning Board, based upon the unique characteristics of the tower and site. In furtherance of the foregoing, the applicant and/or owner shall cooperate with the Planning Board in supplying all necessary construction and maintenance data to the Board prior to approval of any application and/or license to accomplish the foregoing.

(b) Structural inspection.

[1] The CTF owner shall establish an escrow account with the Town of Saugerties to pay for an independent licensed structural engineer hired by the Town of Saugerties to conduct inspections of the facility's structural integrity and overall safety every two years. A written report of the inspection results shall be prepared by the licensed structural engineer and submitted to the Building Inspector for review and action thereon.

[2] Should the inspection of any CTF reveal any defect or change which the Building Inspector determines renders the facility or portion thereof unsafe, the Building Inspector shall notify the facility owner of the unsafe conditions and thereafter take necessary actions under law to have the unsafe conditions remedied.

[3] Any modification of any existing CTF shall require a structural analysis, which shall be submitted to the Building Inspector for review. For the purposes of this paragraph, "modification" is defined as any alteration, change or proposed change in structure or dimension of an existing facility, number of antennas, change in antenna type or model and repositioning of any antenna.

(c) Removal of facilities.

[1] Any CTF which ceases to operate for a period in excess of six months shall be wholly removed from the site. "Cease to operate" is defined as not performing all normal functions associated with operation of the CTF and its equipment on a continuous basis for a period in excess of six months.

[2] Prior to special use permit approval being granted by the Planning Board, the CTF applicant, sponsor, lessee, contract vendee or owner, their successors and assigns, shall obtain a financial surety, bond or similar undertaking sufficient to cover the entire cost of removal of the commercial telecommunications facility and related facilities such as power lines, transformers, etc. and the reclamation of the affected landscape to substantially the same condition as prior to the facility's construction. Said financial surety, bond or similar undertaking shall be in an amount acceptable to the Planning Board and substantiated by a qualified and independent engineering expert as designated by the Planning Board. The amount of financial surety shall be reviewed every three years and, if necessary, increased to reflect current costs of facility removal and site reclamation.

[3] As part of the application process, the applicant shall submit to the Planning Board a letter of commitment which shall commit the CTF owner and its successors and assigns to notify the Building Inspector, in writing, within 30 days of the discontinuance of use of the facility. Failure to notify and thereafter remove the facility and all appurtenances within a period not to exceed six months from the giving of said written notice shall be deemed a violation punishable under applicable provisions of this chapter. Notwithstanding this provision, the Building Inspector shall have the right to independently investigate any discontinuance of the facility and render a written determination setting forth the extent, duration and facts evidencing the violation and the discontinuance of the facility. Upon rendering said written determination, written notice of the determination shall be provided to the owner and the lessees of the facility and the owners of the real property upon which the facility is situate by certified mail, return receipt requested. Upon proven receipt of the notice of the determination by the facility owner, any lessee of the facility and the owners of the real property said facility is situate thereon, the Building Inspector and the Town of Saugerties may commence legal proceedings to levy upon the financial surety, bond or similar undertaking and have the facility removed from the site in accordance with all applicable law.

[4] Upon recommendation of the Planning Board, the Town Board may waive or defer the requirement that a commercial communications tower be removed if it determines that retention of such tower is in the best interest of the Town.

(9) Approval and conditions.

(a) Criteria for approval. Not withstanding any other findings which it may make, the Planning Board shall specifically make all of the following findings before granting the special use permit:

[1] That the applicant is not already providing adequate coverage and/or adequate capacity to the Town of Saugerties;

[2] That the applicant is not able to use existing facilities or sites to provide adequate coverage and/or adequate capacity to the Town of Saugerties;

[3] That the applicant has agreed to rent or lease available space on the facility, under the terms of a fair-market lease, without discrimination to other telecommunications providers;

[4] That the proposed CTF does not exceed the minimum height required to provide adequate service and will not have a significant adverse impact on historic resources, scenic views, residential property values, natural or man-made resources; and

[5] That the proposed CTF shall comply with all FCC regulations regarding emissions of electromagnetic radiation, and that the required monitoring program described in Subsection P(10) below is in place and shall be wholly paid for by the applicant.

(b) Authority to impose conditions.

[1] The Planning Board shall have the authority pursuant to special use permit review to impose such reasonable conditions as are directly related to and incidental to the proposed CTF, including that the special use permit may require periodic renewal.

[2] The Planning Board shall act and render any special use permit final decision upon an application for a CTF in conformance within 47 U.S.C. § 332(7) of the Telecommunications Act of 1996, as promulgated and amended. In addition to the definition set forth in this chapter, the term "commercial telecommunications facility" shall be deemed to encompass and regulate "personal wireless service facilities" as said facilities are defined at 47 U.S.C. § 332(7)(c)(i-iii).

(10) Monitoring and evaluation of compliance.

(a) Pre testing. After the granting of a special use permit and before the facility begins transmission, the applicant shall retain an independent consultant, at the applicant's expense, to monitor the background levels of EMF radiation around the proposed facility site and/or any repeater locations to be utilized for the applicant's facility. The independent consultant shall use a monitoring protocol consistent with accepted engineering practice. A report of the monitoring results shall be prepared by the independent consultant and submitted to the Planning Board.

(b) Post testing. Within 30 days after transmission begins, the owner(s) of any facility located on any facility site shall retain an independent consultant to conduct testing and monitoring of EMF radiation emitted from said site and report results of said monitoring to the Building Inspector within 15 days. The independent consultant shall use actual field measurement of radiation, utilizing a monitoring protocol consistent with accepted engineering practice, to measure levels of EMF radiation from the facility site's primary antennas as well as from repeaters (if any).

[1] CT facility owner(s) shall provide the Building Inspector with copies of the annual report on emission compliance, certified by a licensed engineer, which is submitted to the FCC.

[2] Any modification of an existing CT facility, or the activation of any additional permitted channels, shall require new monitoring.

(c) Excessive emissions. Should the monitoring of a facility site reveal that the site exceeds the FCC OET-65 standard, then the owner(s) of all facilities utilizing that site shall be so notified. The owner(s) shall take all necessary measures to reduce emission within 30 days of initial notification of noncompliance. Failure to accomplish this reduction of emission to comply with the FCC OET-65 standard within 30 days of initial notification of noncompliance shall be a violation of the special use permit and be subject to penalties, fines and enforcement as specified in Article XII of this chapter. Such fines shall be payable by the owner(s) of the facilities with antennas on the facility site until compliance is achieved.

(d) All structural and nonstructural elements of the site, including towers, accessory structures, landscaping and "stealth" design features, shall be maintained in the condition on which the original special use permit was based.

Q. Boardinghouses and/or rooming houses.

(1) At the time of issuance of such special use permit and at all times when said premises are used as a rooming house or boardinghouse, the owner thereof shall maintain his primary residence in and shall actually reside in said premises.

(2) Off-street parking must be provided on the premises at the rate of one space per occupant, based on maximum possible occupancy, plus one space for each employee.

(3) Said use shall conform and be maintained in harmony with the overall character and appearance of the surrounding neighborhood.

(4) Special use permit shall be reviewed on an annual basis. Such review shall include inspection by the Town and/or by the appropriate governing agencies (i.e., Town, county, and state agencies).

(5) The special use applicant shall be the owner of such premises.

R. Large-scale solar energy facilities. Any large-scale solar energy facility permitted by special use permit in § 245-15, Schedule of Use Regulations, shall be subject to the following standards:

[Added 7-13-2016 by L.L. No. 2-2016; amended 10-20-2021 by L.L. No. 5-2021]

(1) The site for such facility shall be at least the minimum area required in the zoning district, and the total area covered by the facility and all related appurtenances shall not exceed 70% of the gross area of the site.

(2) Any generating equipment facilities or accessory uses shall be set back at least 50 feet from all property lines and streets. A continuous wildlife-friendly fence, at least six feet high, shall enclose all equipment and facilities and shall be set back at least 25 feet from all street and property lines. A wildlife-friendly fence shall have five-inch-by-twelve-inch openings at ground level spaced no more than 100 feet apart to allow unencumbered travel by small animals.

(3) A buffer strip of natural vegetation or landscaping with a minimum dimension of at least 50 feet shall be located within the minimum setback.

(4) No generating equipment, facilities or other structures shall exceed a height of 25 feet above existing grade except when utility engineering standards require that utility poles or towers to connect the solar energy facility to the utility distribution grid be of greater height.

(5) No light, noise, vibration, glare or similar effect beyond that normally generated by other uses permitted in the district shall be discernable at or beyond the property boundary.

(6) The siting of such facilities must take into consideration, where applicable:

(a) The Town's identification of agriculture as a primary land use in which activities affecting these lands minimize impacts on agricultural uses;

(b) The impacts on viewsheds of special importance; and

(c) Preservation of existing forest cover.

(7) Solar energy facilities shall be considered to be buildings for purposes of site plan review.

(8) Decommissioning. The following conditions shall be attached to the special use permit:

(a) If the applicant ceases operations of the solar energy facility or begins, but does not complete, construction of the facility, the applicant shall restore the site according to a plan approved by the Planning Board. Said plan shall provide that the owner and/or facility operator shall provide financial security in a form and amount acceptable to the Town attorney to secure the expense of dismantling said facility in its entirety.

(b) The solar energy facility owner shall notify the Code Enforcement Officer, in writing, immediately upon cessation of operations or abandonment of the facility and shall be responsible for removal of the facility within six months of such notification or cessation of operations or abandonment of the facility, whichever first occurs.

S. Riding academies and stables.

[Added 6-14-2017 by L.L. No. 3-2017]

(1) Lot size. The lot or property on which a riding academy is situated shall have a minimum area of 10 acres.

(2) Setbacks. All new buildings shall be set back from properties or streets in residential districts a minimum distance of 50 feet. In other districts, the basic required setbacks shall apply. A buffer area with a width of at least 25 feet, comprised of either landscaping or naturally growing vegetation, shall be provided adjacent to properties in residential districts.

(3) Parking. A reasonable and appropriate number of parking spaces shall be provided, as determined by the Planning Board, based on the parking needs generated by the specific development plan.

(4) Management plan. A management plan must be submitted with the application for a special use permit which includes maps and/or narrative descriptions of:

(a) Methods for the storage and disposal of manure, soiled bedding and other similar materials;

(b) Provisions for storage of feed and bedding; and

(c) Proposed stables, storage buildings, paddocks, riding rings, living quarters and other facilities.

T. Organic composting facilities.

[Added 7-13-2022 by L.L. No. 3-2022]

(1) The processing of animal carcasses or biosolids shall not be permitted in organic composting facilities unless a permit is received from the NYS DEC.

(2) In addition to the requirements set forth in Article VII for Site Plan and Special Use Permit review, and 6 NYCRR 361-3.2, Organic Composting Facilities, the following additional information shall be provided with the application and standards met:

(a) The source and type of source separated organics (SSO) being processed on site, i.e., commercial restaurant, institutional school, residential compost, yard waste etc.;

(b) The amount of SSO to be accepted on site, in pounds or cubic yards, per week or month;

(c) Preprocessing and post-processing methods shall be described. Equipment used to identify and remove nonprocessable materials and a description of the storage and disposal location for nonprocessable materials shall be provided;

(d) The site plan shall show windrow location and dimensions including width, length, and height, if proposed;

(e) Treated lumber shall not be used as a wood source as an amendment or bulking agent;

(f) The facility must provide a stormwater run-on and run-off plan that outlines the methods to prevent run-on from entering and run-off from leaving the site and minimizing the movement of organic matter into the soil;

(g) The surface of the facility shall be constructed of impervious materials such as concrete. The control of run-off must be effectively demonstrated;

(h) The use of mulch, organic material or other material acceptable to the Planning Board shall be used to absorb any leachate from piles or windrows;

(i) The facility should be situated at least 200 feet from the nearest surface water body, potable water well and state-regulated wetland, unless barriers and other methods are installed to prevent leachate from leaving the boundaries of the site in a manner acceptable to the Planning Board;

(j) Facilities that require registration with the NYS DEC pursuant to 6 NYCRR 361-3.2 must be 200 feet from the nearest residence or place of business in existence at the time submission of the application occurs;

(k) The facility must not produce odors that unreasonably impact sensitive receptors. The applicant shall submit information to the Board demonstrating how odors shall be managed;

(l) Preference is given to aerated static pile (ASP) composting methods over manual turning methods;

(m) Other than leaves or packaged products, all bulk organic waste must be processed or amended within 24 hours of receipt. If the organics are received in closed containers (e.g., toters, etc.), the waste can be stored up to 36 hours.

(3) Transport and hauling. The transportation and hauling of source separated organics (SSO) is regulated by the NYS DEC pursuant to 6 NYCRR Part 364. An organic composting facility which proposes to transport SSO must provide the Planning Board with the following additional information:

(a) The weight and frequency of shipments to and from the site;

(b) The size and type of shipping vehicle;

(c) The source and type of SSO being collected, i.e., commercial restaurant, institutional school, residential compost, yard waste, or other organics;

(d) The method of containing SSO during transportation so that all wastes are properly contained to prevent any type of discharge to the environment; and

(e) The location and method of any on-site vehicle storage.

(4) Issuance of any registration or permit required pursuant to 6 NYCRR 361-3.2 shall be a condition of any approval. Correspondence from the NYS DEC may be requested by the Planning Board prior to approval.

U. In the General Business and Highway Business districts, the wholesale trade of used motor vehicle parts and scrap or waste materials is prohibited.

[Added 7-13-2022 by L.L. No. 3-2022]

V. Cannabis establishments.

[Added 7-13-2022 by L.L. No. 3-2022]

(1) A cannabis establishment is defined as any person or business who sells at retail or provides space for the on-site consumption of any cannabis product requiring a license through the Cannabis Control Board (CCB) of the State of New York.

(2) Cannabis establishments are permitted upon issuance of a special use permit in the GB, HB, I and OLI district, only upon the adoption of a local law allowing cannabis retail dispensaries and/or on-site consumption businesses, as recognized by the NYS Office of Cannabis Management. Cannabis establishments are further subject to the following standards:

(a) Cannabis establishments shall be licensed through the Marijuana Regulation and Taxation Act of New York State (MRTA).

(b) All activities associated with a cannabis establishment as defined shall be conducted indoors.

(c) Sufficient measures and means of preventing smoke, odors, debris, dust, fluids and other substances must be provided at all times.

(d) No opening or means of entrance or passage for person or things between the premises and any other room or place in the building shall be permitted (unless restricted to employees, agents, or other method approved by the CCB).

(e) The lot on which a cannabis establishment is located shall not be located within 500 feet of the lot line of any educational services, social services, job training and vocational rehabilitation services or day care services, as defined in Article XIII of this chapter.

(f) The lot on which a cannabis establishment is located shall not be located within 1/2 mile of the lot line of any religious organization or institution, as defined in Article XIII of this Zoning Chapter.

(g) The lot on which a cannabis establishment is located shall not be located within one mile of the lot line of another cannabis establishment. Applications will be reviewed by the Planning Board in the order in which complete applications are submitted to the Building Department.

(h) The Planning Board shall consider the need for additional landscaping or other suitable screening from adjacent properties. Lighting and hours of operation shall also be considered by the Board consistent with the surrounding land use and other applicable requirements of this chapter.

W. Lumber and wood processing.

[Added 1-18-2023 by L.L. No. 1-2023]

(1) Lumber and wood processing uses enumerated in the Table of Use Regulations shall be defined pursuant to § 245-56, Definitions of the Saugerties Zoning Code.

(2) Lumber and wood processing facilities proposed after the date of the adoption of this section shall conform to the requirements herein. Facilities existing as of the date of the adoption of this section, and which do not meet the requirements of this section, shall refer to Article IX, Nonconforming Uses and Structures.

(3) These regulations apply to all operations involving the processing of timber from off-site locations, not constituting a "timber operation" as defined in § 301, Subdivision 14 of the NYS Agriculture and Markets Law.

(4) Requirements specific to the Low- and Moderate-Density Residential (LDR, MDR) Zoning Districts and the Office/Light Industrial (OLI) District.

(a) The minimum lot size for a lumber and wood processing facility in the LDR, MDR and OLI districts shall be no less than five net acres, calculated as the area of constrained land subtracted from the gross area.

(b) Lumber and wood processing shall be limited to untreated wood products in the LDR, MDR and OLI districts.

(c) All aspects of the lumber and wood processing operation, except for access drives, shall be set back no less than 100 feet from the front and rear of the property and 100 feet from the side property lines and 500 feet from any existing residential dwelling, church, school, library or daycare center.

(d) The Planning Board shall have the discretion to require greater front, rear and side setbacks and/or to require a berm, landscaping or other appropriate noise barriers where circumstances require to prevent an unreasonable disturbance to neighboring properties.

(e) No processing activity or materials storage shall be located within 100 feet from the edge of any stream or wetland as defined in the Town of Saugerties Code.

(f) Hours of operation shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday and Saturday 7:00 a.m. to 12:00 noon. Operation of the lumber and wood processing business shall not occur on holidays in which Town Hall is closed.

(g) Lumber and wood processing facility operations shall not be visible from a public roadway.

(5) Requirements for lumber and wood processing in all districts.

(a) Lumber and wood processing facilities shall adhere to all applicable New York State Laws regarding the processing and sale of firewood, including 6 NYCRR 192.5, protecting trees and forests from the spread of invasive species.

(b) The Planning Board may require a visual screen comprised of landscaping or attractive fencing along any site boundary line that abuts one or more residential lots or a public right-of-way.

(c) All lumber and wood processing by-products shall be disposed of on a regular basis The storage of materials shall not pile higher than 20 feet in height.

(d) No storage of logs, lumber, sawdust, bark, scrap wood or equipment of any kind shall be permitted within any yard setback area at any time.

(e) The Planning Board may require sound mitigation measures as it deems appropriate which could include building insulation, vegetation, buffering along the property lines, equipment silencers, etc.

(f) The open burning of by-product and refuse materials shall not be permitted.